STP Nuclear Operating Company, South Texas Project, Units 1 and 2; Exemption, 39707-39710 [2010-16878]

Download as PDF Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices City, Kansas. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. When requesting a copy, please enclose a check to cover the twenty-five cents per page reproduction costs payable to the ‘‘U.S. Treasury’’ in the amount of $18.25 (for Decree without appendices) or $107.50 (for Decree with appendices), or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–16883 Filed 7–9–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employee Benefits Security Administration Application Nos. and Proposed Exemptions; D–11489, Morgan Stanley & Co., Incorporated; L–11609, The Finishing Trades Institute of the MidAtlantic Region (the Plan) et al. erowe on DSK5CLS3C1PROD with NOTICES Correction In notice document 2010–16096 beginning on page 38557 in the issue of Friday, July 2, 1010, make the following corrections: 1. On page 38557, in the third column, insert: ‘‘Morgan Stanley & Co. Incorporated Located in New York, New York [Application No. D–11489]’’ above the heading Proposed Exemption. 2. On page 38561, in the first column, insert: ‘‘The Finishing Trades Institute of the Mid–Atlantic Region (the Plan) Located in Philadelphia, Pennsylvania [Application No. L–11609]’’ above the heading Proposed Exemption. DEPARTMENT OF LABOR Correction In notice document 2010–16097 beginning on page 38551 in the issue of Friday, July 2, 2010, make the following corrections: 1. On page 38551, in the third column, insert: ‘‘The PNC Financial Services Group, Inc. Located in Pittsburgh, Pennsylvania [Prohibited Transaction Exemption 2010–19; Exemption Application No. D–11448]’’ above the heading Exemption. 2. On page 38553, in the third column, insert: ‘‘Citigroup Inc. and Its Affiliates (Citigroup or the Applicant) Located in New York, New York [Prohibited Transaction Exemption 2010–20; Exemption Application No. D– 11514]’’ above the heading Exemption. 3. On page 38555, in the second column, insert: ‘‘Barclays California Corporation (Barcal) Located in San Francisco, California [Prohibited Transaction Exemption 2010–21; Exemption Application No. D–11527]’’ above the heading Exemption. 4. On page 38556, in the second column, insert: ‘‘CUNA Mutual Pension Plan for Represented Employees and CUNA Mutual Pension Plan for NonRepresented Employees (together, the Plans), Located in Madison, Wisconsin [Prohibited Transaction Exemption No. 2010–22, Application Nos. D–11640 and D–11534, Respectively]’’ above the heading Exemption. [FR Doc. C1–2010–16097 Filed 7–9–10; 8:45 am] BILLING CODE 1505–01–D 16:51 Jul 09, 2010 Jkt 220001 [NRC–2010–0162; Docket Nos. 50–498 and 50–499] Prohibited Transaction Exemptions and Grant of Individual Exemptions Involving D–11448, The PNC Financial Services Group, Inc., 2010–19; D– 11514, Citigroup Inc. and its Affiliates (Citigroup or the Applicant), 2010–20; D–11527, Barclays California Corporation (Barcal), 2010–21; D– 11640 and D–11534, Respectively, CUNA Mutual Pension Plan for Represented Employees and CUNA Mutual Pension Plan for Non– Represented Employees (Together, the Plans), 2010–22 [FR Doc. C1–2010–16096 Filed 7–9–10; 8:45 am] VerDate Mar<15>2010 NUCLEAR REGULATORY COMMISSION Employee Benefits Security Administration BILLING CODE 1505–01–D PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 39707 STP Nuclear Operating Company, South Texas Project, Units 1 and 2; Exemption 1.0 Background STP Nuclear Operating Company (STPNOC, the licensee) is the holder of Facility Operating Licenses numbered NPF–76 and NPF–80, which authorize operation of the South Texas Project (STP), Units 1 and 2, respectively. The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of two pressurized-water reactors located in Matagorda County, Texas. 2.0 Request/Action By letter dated September 21, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092720178), and supplemented by letters dated October 14, 2009 (ADAMS Accession No. ML092930172), and February 11, April 19, and May 10, 2010 (ADAMS Accession Nos. ML100490048, ML101160042, and ML101340116, respectively), the licensee requested an exemption, pursuant to § 26.9, ‘‘Specific exemptions,’’ of Title 10 of the Code of Federal Regulations (10 CFR), from the requirements of 10 CFR 26.205(c) and (d) during declarations of severe weather conditions, such as tropical storm and hurricane force winds. The regulations in 10 CFR 26.205(c), ‘‘Work hours scheduling,’’ a performance-based provision, require that licensees shall schedule the work hours of individuals who are subject to this section consistent with the objective of preventing impairment from fatigue due to duration, frequency, or sequencing of successive shifts. The regulations in 10 CFR 26.205(d), ‘‘Work hour controls,’’ specify the maximum work hour limits, the minimum break requirements and the minimum day-off requirements for covered workers (defined below). The regulations apply to individuals designated as the ‘‘storm crew’’ who are sequestered on-site to perform duties identified in 10 CFR 26.4(a)(1) through (a)(5). Those duties are: (1) Operating or onsite directing of the operation of structures, systems and components (SSCs) that a risk-informed evaluation E:\FR\FM\12JYN1.SGM 12JYN1 erowe on DSK5CLS3C1PROD with NOTICES 39708 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices process has shown to be significant to public health and safety; (2) performing health physics or chemistry duties required as a member of the onsite emergency response organization’s minimum shift complement; (3) performing the duties of a fire brigade member who is responsible for understanding the effects of fire and fire suppressants on safe shutdown capability; (4) performing maintenance or onsite directing of the maintenance of SSCs that a risk-informed evaluation process has shown to be significant to public health and safety; and (5) performing security duties as an armed security force officer, alarm station operator, response team leader, or watchperson [security personnel]. The storm crew members perform these duties and are designated as covered workers. The licensee’s request states that adherence to all work hour controls could impede the licensee’s ability to use whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant maintains a safe and secure status. The licensee requests exemption from the requirements of 10 CFR 26.205(c) and (d) during declaration of severe weather conditions associated with tropical storms and hurricane force winds. The exemption would allow the storm crew to sequester on-site, as travel to and from the site during high-wind conditions may be hazardous or not possible. According to the National Weather Service’s Tropical Cyclone Classification, a sustained wind speed of 40 miles per hour (mph) makes travel unsafe for the common traveler (National Weather Service Glossary). If conditions worsen such that sustained winds of 73 mph are present on-site, then an unusual event will be declared. When an unusual event is declared, the licensee will shutdown the plant, and the exception under current regulations at 10 CFR 26.207(d), ‘‘Plant Emergencies,’’ will allow the licensee not to meet the requirements of 10 CFR 26.205(c) and (d), from the time that the storm or hurricane sequestering conditions are met until severe weather exit conditions are sustained. The exemption will only apply to individuals in the storm crew who perform duties identified in 10 CFR 26.4(a)(1) through (5). The requested exemption is needed during initiation of high-wind conditions, and will continue after the exception under a declared emergency pursuant to current regulation at 10 CFR 10 CFR 26.207(d) has ended. The exemption will terminate upon VerDate Mar<15>2010 14:19 Jul 09, 2010 Jkt 220001 declaration of the Emergency Operations Facility Director that sufficient personnel are able to return to the site to make the reconstitution of work hour control possible. When storm crew sequestering exit conditions are met, full compliance with 10 CFR 26.205(c) and (d) is again required. 3.0 Discussion The Nuclear Regulatory Commission, pursuant to 10 CFR 26.9, requires that upon application of any interested person or on its own initiative, Commission may grant such exemptions from the requirements of the regulations at 10 CFR 26.205(c) and (d), as ‘‘it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.’’ The NRC staff has reviewed the licensee’s request using the regulations contained in 10 CFR 26.205 and 10 CFR 26.207 and related Statements of Consideration in the 10 CFR part 26 final rule published in the Federal Register on March 31, 2008 (73 FR 17148). Other references include: • NUREG–0654, ‘‘Criteria for Preparation of and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants;’’ • NRC Regulatory Guide 5.73, ‘‘Fatigue Management for Nuclear Power Plant Personnel,’’ dated March 2009 (ADAMS Accession No. ML083450028); • NRC Information Notice 93–53, ‘‘Effect of Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons Learned,’’ dated July 20, 1993 (ADAMS Accession No. ML031070364); • NRC Information Notice 93–53, Supplement 1, ‘‘Effect of Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons Learned,’’ dated April 29, 2004 (ADAMS Accession No. ML031070490); • NUREG–0933, ‘‘Resolution of Generic Safety Issues, Section 3, ‘New Generic Issues: Issue 178: Effect of Hurricane Andrew on Turkey Point (Revision 2)’’’; and • NUREG–1474, ‘‘Effect of Hurricane Andrew on the Turkey Point Nuclear Generating Station from August 20–30, 1992,’’ produced jointly by the NRC and the Institute of Nuclear Power Operations (non-publicly available). Based on its review, the NRC staff agrees that preparing the site for the onset of tropical storms and hurricanes, which includes sequestering enough essential personnel to provide for shift relief, is necessary to ensure adequate protection of the plant and personnel safety, would maintain protection of health and safety of the public, and PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 would not adversely affect the common defense and security. Under 10 CFR 26.207(d), licensees need not meet the requirements of 10 CFR 26.205(c) and (d) during declared emergencies (unusual event) as defined in the licensee’s emergency plan. The STPNOC’s exemption request states that during the period that STPNOC requested to be exempt from 10 CFR 26.205(c) and (d), STPNOC may meet the conditions for entering the emergency plan. Since 10 CFR 26.207(d) states that the licensees need not meet the requirements of 10 CFR 26.205(c) and (d) during the declared emergencies, there is no need for an exemption for members of the storm crew during the period of a declared emergency. Therefore, STPNOC’s exemption request can be characterized as having three parts: (1) High-wind exemption encompassing the period starting with the initiating conditions to just prior to declaration of an unusual event; (2) a period defined as immediately following high-wind condition, when an unusual event is not declared, but when a recovery period is still required; and (3) a recovery exemption immediately following an existing 10 CFR 26.207(d) exception as discussed above. High-Wind Exemption A high-wind exemption encompasses the period starting with the initiating conditions (see list below) to just prior to the declaration of an unusual event (sustained winds of 73 mph are present onsite). As a tropical storm or hurricane approaches landfall, high wind speeds—in excess of wind speeds that create unsafe travel conditions—are expected. During these times, the National Weather Service typically publishes a projected path of the storm. This condition will be described as the ‘‘high-wind condition’’ or ‘‘period of high winds,’’ (National Weather Service’s Tropical Cyclone Classification). For the purposes of this exemption, declaration of the entry condition allows any onsite individual who performs duties identified in 10 CFR 26.4(a)(1) through (a)(5) to not have to meet the requirements of 10 CFR 26.205(c) and (d) if they are designated as part of the storm crew. This entry condition occurs when: • The site enters the STP Hurricane Plan. • The Emergency Operations Facility (EOF) Director determines that travel conditions to the site will potentially become hazardous such that storm crew staffing will be required based on verifiable weather conditions (STP E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices procedure 0PGP03–ZV–0002, Rev. 4, ‘‘Hurricane Plan’’). • Verifiable weather conditions are defined as when the site is located within the National Hurricane Center 5day cone of probability for predicted winds of Tropical Storm or Hurricane force impact. Lessons learned that are included in NUREG–1474, ‘‘Effect of Hurricane Andrew on the Turkey Point Nuclear Generating Station from August 20–30, 1992,’’ include the acknowledgement that detailed, methodical preparations should be made prior to the onset of hurricane force winds. The NRC staff concludes that STP’s proceduralized actions are consistent with the lessons learned. Recovery Exemption Immediately Following a High-Wind Exemption The period defined as after the highwind exemption, possibly several days, when an unusual event was not declared, but a recovery period is still necessary, as high winds exist that make travel unsafe. Also, after the high-wind condition has passed, sufficient numbers of personnel may not able to access the site to relieve the sequestered storm crew. An exemption during these conditions is consistent with the intent of the 10 CFR 26.207(d) exception. erowe on DSK5CLS3C1PROD with NOTICES Recovery Exemption Immediately Following an Emergency Plan Exception Following a declared emergency under 10 CFR 26.207(d), due to high wind conditions, and once the high wind conditions have passed and the unusual event exited, the site may not be accessible by sufficient numbers of personnel to allow relief of the sequestered storm crew. During these conditions, an exemption is consistent with the intent of 10 CFR 26.207(d). Once STPNOC has entered into highwind exemption or 10 CFR 26.207(d) exception, the licensee would not need to make a declaration that it is invoking the recovery exemption. Unit Shutdown The STP exemption request states that following the declaration of an unusual event resulting from predicted natural phenomenon, the units are required to be shut down to hot standby at least 2 hours prior to hurricane force winds arriving on-site. Lessons learned from Hurricane Andrew, NUREG–1474, include having both units shut down and on residual heat removal when the storm strikes so that a loss-of-offsite power will not jeopardize core cooling. The NRC staff concludes that the STP plan is consistent with the lessons learned. VerDate Mar<15>2010 14:19 Jul 09, 2010 Jkt 220001 Storm Crew STPNOC plans to sequester sufficient individuals to staff two 12-hour shifts of workers consisting of personnel from operations, maintenance, health physics, chemistry and security to maintain the safe and secure operation of the facility. The STPNOC’S hurricane plan provides for bunking facilities in the power block that allows for restorative rest for the off-crew. This plan is consistent with managing fatigue. A 12-hour break provides each individual with an opportunity for restorative rest. However, the accommodations and potentially stressful circumstances may not be as restful as individuals would otherwise desire. The NRC staff concludes that, under the circumstances, these actions are consistent with the expected practice of fatigue management. Maintenance The NRC staff does not consider discretionary maintenance to be maintenance of SSCs that is required as a result of the storm’s high winds or required Technical Specification surveillances. In its letter dated April 19, 2010, the licensee clarified that the exemption request is not intended for performing discretionary maintenance or the direction of discretionary maintenance. The exemption is for specific work necessary to maintain the plant in a safe and secure condition, or to protect equipment required for safety or power generation from potential storm damage. The NRC staff concludes that this definition of discretionary maintenance and the exclusion of discretionary maintenance from the exemption request is consistent with the intent of this exemption. Procedural Guidance In its letter dated May 10, 2010, in response to a phone call on May 6, 2010, the licensee made a commitment to incorporate the following guidance in site procedures: • The conditions necessary to sequester site personnel are consistent with the conditions specified in the STPNOC exemption request, • Provisions for ensuring that personnel who are not performing duties are provided an opportunity as well as accommodations for restorative rest, and • The condition for departure from the exemption is based on the EOF Director’s determination that adequate staffing is available to meet the requirements of 10 CFR 26.205(c) and (d). PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 39709 Returning to Work Hour Controls The licensee must return to work hour controls when the EOF Director determines that adequate staff is available to meet the 10 CFR 26.205(c) and (d) requirements. Upon exiting the exemption, all work hour controls will apply. The individuals must have had a minimum of a 10-hour break prior to the start of the first shift following exiting the exemption. The minimum day-off requirement (10 CFR 26.205(d)(3)) is considered reset and the forward shift schedules must be designed to meet the minimum day-off requirements. Authorized by Law As stated above, this exemption would apply to the storm crew sequestered on site. The licensee’s request states that adherence to all work hour controls could impede the licensee’s ability to use whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant maintains a safe and secure status. As stated above, 10 CFR 26.9 allows the NRC to grant exemptions from the requirements of 10 CFR 26.205(c) and (d). The NRC staff has determined that granting of the licensee’s proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission’s regulations. Therefore, the exemption is authorized by law. No Undue Risk to Public Health and Safety The underlying purposes of 10 CFR 26.205(c) and (d) are to prevent impairment from fatigue due to duration, frequency, or sequencing of successive shifts. Based on the above evaluation, no new accident precursors are created by utilizing whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant maintains a safe and secure status; therefore, the probability of postulated accidents is not increased. Also, the consequences of postulated accidents are not increased, because there is no change in the types of accidents previously evaluated. Therefore, there is no undue risk to public health and safety. Consistent With Common Defense and Security The proposed exemption would allow the licensee to utilize whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant maintains a safe and secure status. This change to the operation of the plant has no relation to security issues. Therefore, the common defense and E:\FR\FM\12JYN1.SGM 12JYN1 39710 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices security is not impacted by this exemption. erowe on DSK5CLS3C1PROD with NOTICES 4.0 Conclusion Accordingly, the Commission concludes that granting the requested exemption is consistent with existing regulation at 10 CFR 26.207(d), ‘‘Plant emergencies,’’ which allows the licensee to not meet the requirements of 10 CFR 26.205(c) and (d) during declared emergencies as defined in the licensee’s emergency plan. The 10 CFR Part 26 Statements of Consideration (73 FR 17148; March 31, 2008), state that ‘‘Plant emergencies are extraordinary circumstances that may be most effectively addressed through staff augmentation that can only be practically achieved through the use of work hours in excess of the limits of § 26.205(c) and (d).’’ The objective of the exemption is to ensure that the control of work hours do not impede a licensee’s ability to use whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant maintains a safe and secure status. The actions described in the exemption request and ‘‘Hurricane Plan’’ procedure are consistent with the recommendations in NUREG–1474, ‘‘Effect of Hurricane Andrew on the Turkey Point Nuclear Generating Station from August 20–30, 1992.’’ Also consistent with NUREG–1474, NRC staff expects the licensee would have completed a reasonable amount of hurricane preparation prior to the need to sequester personnel, in order to minimize personnel exposure to high winds. The NRC staff has determined that: (1) The proposed exemption is authorized by law;(2) there is a reasonable assurance that the health and safety of the public will not be endangered by the proposed exemption; (3) such activities will be consistent with the Commission’s regulations and guidance; and (4) the issuance of the exemption will not endanger the common defense and security. Pursuant to 10 CFR 51.32, ‘‘Finding of no significant impact,’’ the Commission has previously determined that the granting of this exemption will not have a significant effect on the quality of the human environment (75 FR 21678; April 26, 2010). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 2nd day of July 2010. VerDate Mar<15>2010 14:19 Jul 09, 2010 Jkt 220001 For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–16878 Filed 7–9–10; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. MC2010–25; Order No. 483] Postal Classification Change Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently–filed Postal Service request concerning two classification changes to Address Management Services. This notice addresses procedural steps associated with these filings. DATES: Comments are due: July 13, 2010. Submit comments electronically via the Commission’s Filing Online system at http://www.prc.gov. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov. or 202–789– 6820. SUPPLEMENTARY INFORMATION: On July 2, 2010, the Postal Service filed a notice pursuant to 39 CFR 3020.90 and 3020.91 concerning two classification changes to Address Management Services.1 The first change removes ‘‘Delivery Type’’ service from the list of services included within Address Management Services. The Postal Service states that this service is limited, outdated, not widely used, and the information obtained through this service may be obtained through other services. Id. at 1. Rule 3020.91 requires that the Postal Service file a notice of proposed change no later than 15 days prior to the effective date of the change. The Postal Service intends to offer Delivery Type service subscriptions through September 30, 2010, and honor subscriptions until they expire. Id. The second change removes the specifications as to how information is provided to customers for CRIS Route, City State, Delivery Statistics, eLOT, 5– Digit ZIP, Official National Zone Charge, ADDRESSES: 1 Notice of the United States Postal Service of Classification Changes Related to Address Management Services, July 2, 2010 (Notice). PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Z4 Change, ZIP+4, ZIP Move, AMS API, and TIGER ZIP+4 services. Currently, CD–ROM, DVD, and disc are specified. Id. at 2. The Postal Service states that removing the specifications will allow it to provide information by any appropriate means. Id. The Commission establishes Docket No. MC2010–25 for consideration of matters related to the Address Management Services classification changes identified in the Postal Service’s Notice. Interested persons may submit comments on the changes proposed within the Postal Service’s Notice. Comments are due no later than July 13, 2010. The Postal Service’s Request can be accessed via the Commission’s Web site (http://www.prc.gov). Proposed edits to the draft Mail Classification Schedule are attached to the Postal Service’s Notice. The Commission appoints Emmett Rand Costich to serve as Public Representative in the captioned proceedings. It is ordered: 1. The Commission establishes Docket No. MC2010–25 for consideration of matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than July 13, 2010. 3. Pursuant to 39 U.S.C. 505, Emmett Rand Costich is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2010–16868 Filed 7–9–10; 8:45 am] BILLING CODE 7710–FW–S SECURITIES AND EXCHANGE COMMISSION [Rule 303, SEC File No. 270–450, OMB Control No. 3235–0505] Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 303, SEC File No. 270–450, OMB Control No. 3235–0505. E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 75, Number 132 (Monday, July 12, 2010)]
[Notices]
[Pages 39707-39710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16878]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0162; Docket Nos. 50-498 and 50-499]


STP Nuclear Operating Company, South Texas Project, Units 1 and 
2; Exemption

1.0 Background

    STP Nuclear Operating Company (STPNOC, the licensee) is the holder 
of Facility Operating Licenses numbered NPF-76 and NPF-80, which 
authorize operation of the South Texas Project (STP), Units 1 and 2, 
respectively. The licenses provide, among other things, that the 
facility is subject to all rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in 
effect.
    The facility consists of two pressurized-water reactors located in 
Matagorda County, Texas.

2.0 Request/Action

    By letter dated September 21, 2009 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML092720178), and supplemented 
by letters dated October 14, 2009 (ADAMS Accession No. ML092930172), 
and February 11, April 19, and May 10, 2010 (ADAMS Accession Nos. 
ML100490048, ML101160042, and ML101340116, respectively), the licensee 
requested an exemption, pursuant to Sec.  26.9, ``Specific 
exemptions,'' of Title 10 of the Code of Federal Regulations (10 CFR), 
from the requirements of 10 CFR 26.205(c) and (d) during declarations 
of severe weather conditions, such as tropical storm and hurricane 
force winds.
    The regulations in 10 CFR 26.205(c), ``Work hours scheduling,'' a 
performance-based provision, require that licensees shall schedule the 
work hours of individuals who are subject to this section consistent 
with the objective of preventing impairment from fatigue due to 
duration, frequency, or sequencing of successive shifts. The 
regulations in 10 CFR 26.205(d), ``Work hour controls,'' specify the 
maximum work hour limits, the minimum break requirements and the 
minimum day-off requirements for covered workers (defined below).
    The regulations apply to individuals designated as the ``storm 
crew'' who are sequestered on-site to perform duties identified in 10 
CFR 26.4(a)(1) through (a)(5). Those duties are: (1) Operating or 
onsite directing of the operation of structures, systems and components 
(SSCs) that a risk-informed evaluation

[[Page 39708]]

process has shown to be significant to public health and safety; (2) 
performing health physics or chemistry duties required as a member of 
the onsite emergency response organization's minimum shift complement; 
(3) performing the duties of a fire brigade member who is responsible 
for understanding the effects of fire and fire suppressants on safe 
shutdown capability; (4) performing maintenance or onsite directing of 
the maintenance of SSCs that a risk-informed evaluation process has 
shown to be significant to public health and safety; and (5) performing 
security duties as an armed security force officer, alarm station 
operator, response team leader, or watchperson [security personnel].
    The storm crew members perform these duties and are designated as 
covered workers.
    The licensee's request states that adherence to all work hour 
controls could impede the licensee's ability to use whatever staff 
resources may be necessary to respond to a plant emergency and ensure 
that the plant maintains a safe and secure status. The licensee 
requests exemption from the requirements of 10 CFR 26.205(c) and (d) 
during declaration of severe weather conditions associated with 
tropical storms and hurricane force winds. The exemption would allow 
the storm crew to sequester on-site, as travel to and from the site 
during high-wind conditions may be hazardous or not possible.
    According to the National Weather Service's Tropical Cyclone 
Classification, a sustained wind speed of 40 miles per hour (mph) makes 
travel unsafe for the common traveler (National Weather Service 
Glossary). If conditions worsen such that sustained winds of 73 mph are 
present on-site, then an unusual event will be declared. When an 
unusual event is declared, the licensee will shutdown the plant, and 
the exception under current regulations at 10 CFR 26.207(d), ``Plant 
Emergencies,'' will allow the licensee not to meet the requirements of 
10 CFR 26.205(c) and (d), from the time that the storm or hurricane 
sequestering conditions are met until severe weather exit conditions 
are sustained. The exemption will only apply to individuals in the 
storm crew who perform duties identified in 10 CFR 26.4(a)(1) through 
(5).
    The requested exemption is needed during initiation of high-wind 
conditions, and will continue after the exception under a declared 
emergency pursuant to current regulation at 10 CFR 10 CFR 26.207(d) has 
ended. The exemption will terminate upon declaration of the Emergency 
Operations Facility Director that sufficient personnel are able to 
return to the site to make the reconstitution of work hour control 
possible. When storm crew sequestering exit conditions are met, full 
compliance with 10 CFR 26.205(c) and (d) is again required.

3.0 Discussion

    The Nuclear Regulatory Commission, pursuant to 10 CFR 26.9, 
requires that upon application of any interested person or on its own 
initiative, Commission may grant such exemptions from the requirements 
of the regulations at 10 CFR 26.205(c) and (d), as ``it determines are 
authorized by law and will not endanger life or property or the common 
defense and security, and are otherwise in the public interest.''
    The NRC staff has reviewed the licensee's request using the 
regulations contained in 10 CFR 26.205 and 10 CFR 26.207 and related 
Statements of Consideration in the 10 CFR part 26 final rule published 
in the Federal Register on March 31, 2008 (73 FR 17148). Other 
references include:
     NUREG-0654, ``Criteria for Preparation of and Evaluation 
of Radiological Emergency Response Plans and Preparedness in Support of 
Nuclear Power Plants;''
     NRC Regulatory Guide 5.73, ``Fatigue Management for 
Nuclear Power Plant Personnel,'' dated March 2009 (ADAMS Accession No. 
ML083450028);
     NRC Information Notice 93-53, ``Effect of Hurricane Andrew 
on Turkey Point Nuclear Generating Station and Lessons Learned,'' dated 
July 20, 1993 (ADAMS Accession No. ML031070364);
     NRC Information Notice 93-53, Supplement 1, ``Effect of 
Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons 
Learned,'' dated April 29, 2004 (ADAMS Accession No. ML031070490);
     NUREG-0933, ``Resolution of Generic Safety Issues, Section 
3, `New Generic Issues: Issue 178: Effect of Hurricane Andrew on Turkey 
Point (Revision 2)'''; and
     NUREG-1474, ``Effect of Hurricane Andrew on the Turkey 
Point Nuclear Generating Station from August 20-30, 1992,'' produced 
jointly by the NRC and the Institute of Nuclear Power Operations (non-
publicly available).
    Based on its review, the NRC staff agrees that preparing the site 
for the onset of tropical storms and hurricanes, which includes 
sequestering enough essential personnel to provide for shift relief, is 
necessary to ensure adequate protection of the plant and personnel 
safety, would maintain protection of health and safety of the public, 
and would not adversely affect the common defense and security.
    Under 10 CFR 26.207(d), licensees need not meet the requirements of 
10 CFR 26.205(c) and (d) during declared emergencies (unusual event) as 
defined in the licensee's emergency plan. The STPNOC's exemption 
request states that during the period that STPNOC requested to be 
exempt from 10 CFR 26.205(c) and (d), STPNOC may meet the conditions 
for entering the emergency plan. Since 10 CFR 26.207(d) states that the 
licensees need not meet the requirements of 10 CFR 26.205(c) and (d) 
during the declared emergencies, there is no need for an exemption for 
members of the storm crew during the period of a declared emergency.
    Therefore, STPNOC's exemption request can be characterized as 
having three parts: (1) High-wind exemption encompassing the period 
starting with the initiating conditions to just prior to declaration of 
an unusual event; (2) a period defined as immediately following high-
wind condition, when an unusual event is not declared, but when a 
recovery period is still required; and (3) a recovery exemption 
immediately following an existing 10 CFR 26.207(d) exception as 
discussed above.

High-Wind Exemption

    A high-wind exemption encompasses the period starting with the 
initiating conditions (see list below) to just prior to the declaration 
of an unusual event (sustained winds of 73 mph are present onsite). As 
a tropical storm or hurricane approaches landfall, high wind speeds--in 
excess of wind speeds that create unsafe travel conditions--are 
expected. During these times, the National Weather Service typically 
publishes a projected path of the storm. This condition will be 
described as the ``high-wind condition'' or ``period of high winds,'' 
(National Weather Service's Tropical Cyclone Classification).
    For the purposes of this exemption, declaration of the entry 
condition allows any onsite individual who performs duties identified 
in 10 CFR 26.4(a)(1) through (a)(5) to not have to meet the 
requirements of 10 CFR 26.205(c) and (d) if they are designated as part 
of the storm crew. This entry condition occurs when:
     The site enters the STP Hurricane Plan.
     The Emergency Operations Facility (EOF) Director 
determines that travel conditions to the site will potentially become 
hazardous such that storm crew staffing will be required based on 
verifiable weather conditions (STP

[[Page 39709]]

procedure 0PGP03-ZV-0002, Rev. 4, ``Hurricane Plan'').
     Verifiable weather conditions are defined as when the site 
is located within the National Hurricane Center 5-day cone of 
probability for predicted winds of Tropical Storm or Hurricane force 
impact.
    Lessons learned that are included in NUREG-1474, ``Effect of 
Hurricane Andrew on the Turkey Point Nuclear Generating Station from 
August 20-30, 1992,'' include the acknowledgement that detailed, 
methodical preparations should be made prior to the onset of hurricane 
force winds. The NRC staff concludes that STP's proceduralized actions 
are consistent with the lessons learned.

Recovery Exemption Immediately Following a High-Wind Exemption

    The period defined as after the high-wind exemption, possibly 
several days, when an unusual event was not declared, but a recovery 
period is still necessary, as high winds exist that make travel unsafe. 
Also, after the high-wind condition has passed, sufficient numbers of 
personnel may not able to access the site to relieve the sequestered 
storm crew. An exemption during these conditions is consistent with the 
intent of the 10 CFR 26.207(d) exception.

Recovery Exemption Immediately Following an Emergency Plan Exception

    Following a declared emergency under 10 CFR 26.207(d), due to high 
wind conditions, and once the high wind conditions have passed and the 
unusual event exited, the site may not be accessible by sufficient 
numbers of personnel to allow relief of the sequestered storm crew. 
During these conditions, an exemption is consistent with the intent of 
10 CFR 26.207(d).
    Once STPNOC has entered into high-wind exemption or 10 CFR 
26.207(d) exception, the licensee would not need to make a declaration 
that it is invoking the recovery exemption.

Unit Shutdown

    The STP exemption request states that following the declaration of 
an unusual event resulting from predicted natural phenomenon, the units 
are required to be shut down to hot standby at least 2 hours prior to 
hurricane force winds arriving on-site. Lessons learned from Hurricane 
Andrew, NUREG-1474, include having both units shut down and on residual 
heat removal when the storm strikes so that a loss-of-offsite power 
will not jeopardize core cooling. The NRC staff concludes that the STP 
plan is consistent with the lessons learned.

Storm Crew

    STPNOC plans to sequester sufficient individuals to staff two 12-
hour shifts of workers consisting of personnel from operations, 
maintenance, health physics, chemistry and security to maintain the 
safe and secure operation of the facility. The STPNOC'S hurricane plan 
provides for bunking facilities in the power block that allows for 
restorative rest for the off-crew. This plan is consistent with 
managing fatigue. A 12-hour break provides each individual with an 
opportunity for restorative rest. However, the accommodations and 
potentially stressful circumstances may not be as restful as 
individuals would otherwise desire. The NRC staff concludes that, under 
the circumstances, these actions are consistent with the expected 
practice of fatigue management.

Maintenance

    The NRC staff does not consider discretionary maintenance to be 
maintenance of SSCs that is required as a result of the storm's high 
winds or required Technical Specification surveillances. In its letter 
dated April 19, 2010, the licensee clarified that the exemption request 
is not intended for performing discretionary maintenance or the 
direction of discretionary maintenance. The exemption is for specific 
work necessary to maintain the plant in a safe and secure condition, or 
to protect equipment required for safety or power generation from 
potential storm damage. The NRC staff concludes that this definition of 
discretionary maintenance and the exclusion of discretionary 
maintenance from the exemption request is consistent with the intent of 
this exemption.

Procedural Guidance

    In its letter dated May 10, 2010, in response to a phone call on 
May 6, 2010, the licensee made a commitment to incorporate the 
following guidance in site procedures:
     The conditions necessary to sequester site personnel are 
consistent with the conditions specified in the STPNOC exemption 
request,
     Provisions for ensuring that personnel who are not 
performing duties are provided an opportunity as well as accommodations 
for restorative rest, and
     The condition for departure from the exemption is based on 
the EOF Director's determination that adequate staffing is available to 
meet the requirements of 10 CFR 26.205(c) and (d).

Returning to Work Hour Controls

    The licensee must return to work hour controls when the EOF 
Director determines that adequate staff is available to meet the 10 CFR 
26.205(c) and (d) requirements.
    Upon exiting the exemption, all work hour controls will apply. The 
individuals must have had a minimum of a 10-hour break prior to the 
start of the first shift following exiting the exemption. The minimum 
day-off requirement (10 CFR 26.205(d)(3)) is considered reset and the 
forward shift schedules must be designed to meet the minimum day-off 
requirements.

Authorized by Law

    As stated above, this exemption would apply to the storm crew 
sequestered on site. The licensee's request states that adherence to 
all work hour controls could impede the licensee's ability to use 
whatever staff resources may be necessary to respond to a plant 
emergency and ensure that the plant maintains a safe and secure status. 
As stated above, 10 CFR 26.9 allows the NRC to grant exemptions from 
the requirements of 10 CFR 26.205(c) and (d). The NRC staff has 
determined that granting of the licensee's proposed exemption will not 
result in a violation of the Atomic Energy Act of 1954, as amended, or 
the Commission's regulations. Therefore, the exemption is authorized by 
law.

No Undue Risk to Public Health and Safety

    The underlying purposes of 10 CFR 26.205(c) and (d) are to prevent 
impairment from fatigue due to duration, frequency, or sequencing of 
successive shifts. Based on the above evaluation, no new accident 
precursors are created by utilizing whatever staff resources may be 
necessary to respond to a plant emergency and ensure that the plant 
maintains a safe and secure status; therefore, the probability of 
postulated accidents is not increased. Also, the consequences of 
postulated accidents are not increased, because there is no change in 
the types of accidents previously evaluated. Therefore, there is no 
undue risk to public health and safety.

Consistent With Common Defense and Security

    The proposed exemption would allow the licensee to utilize whatever 
staff resources may be necessary to respond to a plant emergency and 
ensure that the plant maintains a safe and secure status. This change 
to the operation of the plant has no relation to security issues. 
Therefore, the common defense and

[[Page 39710]]

security is not impacted by this exemption.

4.0 Conclusion

    Accordingly, the Commission concludes that granting the requested 
exemption is consistent with existing regulation at 10 CFR 26.207(d), 
``Plant emergencies,'' which allows the licensee to not meet the 
requirements of 10 CFR 26.205(c) and (d) during declared emergencies as 
defined in the licensee's emergency plan. The 10 CFR Part 26 Statements 
of Consideration (73 FR 17148; March 31, 2008), state that ``Plant 
emergencies are extraordinary circumstances that may be most 
effectively addressed through staff augmentation that can only be 
practically achieved through the use of work hours in excess of the 
limits of Sec.  26.205(c) and (d).'' The objective of the exemption is 
to ensure that the control of work hours do not impede a licensee's 
ability to use whatever staff resources may be necessary to respond to 
a plant emergency and ensure that the plant maintains a safe and secure 
status.
    The actions described in the exemption request and ``Hurricane 
Plan'' procedure are consistent with the recommendations in NUREG-1474, 
``Effect of Hurricane Andrew on the Turkey Point Nuclear Generating 
Station from August 20-30, 1992.'' Also consistent with NUREG-1474, NRC 
staff expects the licensee would have completed a reasonable amount of 
hurricane preparation prior to the need to sequester personnel, in 
order to minimize personnel exposure to high winds.
    The NRC staff has determined that: (1) The proposed exemption is 
authorized by law;(2) there is a reasonable assurance that the health 
and safety of the public will not be endangered by the proposed 
exemption; (3) such activities will be consistent with the Commission's 
regulations and guidance; and (4) the issuance of the exemption will 
not endanger the common defense and security.
    Pursuant to 10 CFR 51.32, ``Finding of no significant impact,'' the 
Commission has previously determined that the granting of this 
exemption will not have a significant effect on the quality of the 
human environment (75 FR 21678; April 26, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of July 2010.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-16878 Filed 7-9-10; 8:45 am]
BILLING CODE 7590-01-P