Florida Power and Light Company, Turkey Point, Units 3 and 4; Exemption, 802-805 [2011-10]
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802
Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–250 and 50–251; NRC–
2010–0025]
Florida Power and Light Company,
Turkey Point, Units 3 and 4; Exemption
1.0
Background
Florida Power and Light Company
(FPL, the licensee) is the holder of
Facility Operating License Nos. DPR–31
and DPR–41, which authorize operation
of Turkey Point, Unit Nos. 3 and 4
(Turkey Point 3 and 4). The license
provides, among other things, that the
facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC)
now or hereafter in effect. The facility
consists of two pressurized-water
reactors located in Florida City, Florida.
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2.0
Request/Action
By letter dated October 13, 2009
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML092950342), and
pursuant to Title 10 of the Code of
Federal Regulations (CFR), Section 26.9,
FPL requested an exemption from the
requirements of 10 CFR 26.205(c),
‘‘Work hours scheduling,’’ and (d),
‘‘Work hour controls,’’ during
declarations of severe weather
conditions such as tropical storm and
hurricane force winds at the Turkey
Point site. Supplemental responses and
responses to requests for additional
information (RAI) are dated March 9,
2010 (ADAMS Accession No.
ML100770099), September 2, 2010
(ADAMS Accession No. ML102580335),
October 6, 2010 (ADAMS Accession No.
ML102850047), and October 20, 2010
(ADAMS Accession No. ML103060463).
The requested exemption applies to
individuals who perform duties
identified in 10 CFR 26.4(a)(1) through
(a)(5) who are sequestered onsite during
the severe wind event, as travel to and
from the site during severe wind
conditions may be hazardous or not
possible. The exemption request states
that because of the unpredictable nature
and potential speed of a storm, a need
to activate the storm crew could occur
on short notice and without the ability
to meet work hour controls. The
exemption request also states that
although the plant may not meet the
criteria for declaring an emergency
based on the NRC-approved emergency
action levels, emergency preparedness
would require the implementation of
the site emergency plan.
After the high wind conditions pass,
wind damage to the plant and
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surrounding area might preclude
sufficient numbers of individuals from
immediately returning to the site.
Additionally, if mandatory civil
evacuations were ordered, this could
also delay the return of sufficient relief
personnel. The Emergency Coordinator
(a senior management official at Turkey
Point) will decide when weather
conditions permit sufficient personnel
to travel safely to and from the site.
When this declaration is made, full
compliance with 10 CFR 26.205(c) and
(d) is again required.
The exemption would allow Turkey
Point to sequester individuals onsite,
when travel to and from the site during
high wind conditions is hazardous or
not possible due to severe weather
conditions. According to the National
Weather Service, sustained wind speed
of 40 miles per hour (mph) makes travel
unsafe for the common traveler.
If conditions are such that sustained
winds of 73 mph are present onsite,
then Turkey Point will declare a Notice
of Unusual Event (UE). When this
declaration is made, an exemption from
these same work hour controls is
available under 10 CFR 26.207(d).
3.0
Discussion
The NRC staff has reviewed the
licensee’s overall request against the
regulations contained in 10 CFR 26.205
and 26.207 and related Federal Register
Notice Statements of Consideration [73
FR 16965]. Also, the NRC staff reviewed
the guidance in Regulatory Guide 5.73,
Fatigue Management for Nuclear Power
Plant Personnel. Information from the
National Hurricane Center (NHC)
(https://www.nhc.noaa.gov/) was used to
understand various conditions or effects
related to tropical storm and hurricane
wind speeds.
Section 26.205(b) of 10 CFR is the
requirement to count work hours and
days worked. Section 26.205(b)(3) is the
requirement to consider other periods of
work not included in Section 26.205(d)
so that they can be included in the work
hour control calculations when a
covered individual resumes covered
work.
Regulatory Guide 5.73
Regulatory Guide 5.73, Fatigue
Management for Nuclear Power Plant
Personnel, endorses the Nuclear Energy
Institute (NEI) report NEI 06–11,
revision 1, ‘‘Managing Personnel Fatigue
at Nuclear Power Plants,’’ with certain
clarifications, additions and exceptions.
Staff has endorsed this guidance for
use during declared emergencies. After
exiting the emergency, the licensee is
immediately subject to the scheduling
requirements of 10 CFR 26.205(c) and
the work hour/rest break/minimum day
off requirements of 10 CFR 26.205(d).
As required by 26.205(b)(3), all time
worked during the emergency must be
tracked to ensure that individuals are
not fatigued when work hour controls
are reinstated. In a public meeting on
July 2, 2010, to discuss lessons learned
regarding submitting an exemption
request from Part 26, Subpart I work
hour controls during periods of severe
winds such as a tropical storm or
hurricane, the staff concluded that it
finds NEI 06–11 Section 7.5 ‘‘Reset from
Deviations’’ to be an acceptable method
for resuming work hour controls after
the recovery period.
10 CRF Part 26 Subpart I, Managing
Fatigue
Precedence
STP Nuclear Operating Company, the
licensee for South Texas Project Units 1
and 2 has been granted a similar
exemption from severe wind conditions,
which can be found in the Federal
Register dated July 12, 2010 (75 FR
39707).
The fatigue management provisions in
10 CFR Part 26 Subpart I are designed
as an integrated approach to managing
both cumulative and acute fatigue. The
requirement to schedule individuals’
work hours consistent with the objective
of preventing impairment from fatigue is
found in 10 CFR 26.205(c). Section
26.205(d) of 10 CFR provides the actual
work hour controls—which are 16 work
hours in any 24-hour period, 26 work
hours in any 48-hour period, and 72
work hours in any 7-day period. This
section also provides limits on the
number of hours an individual may
work; limits on the minimum break
times between work periods; and limits
for the minimum number of days off an
individual must be given.
Lessons Learned
The effects of Hurricane Andrew on
the Turkey Point site were used to
identify lessons learned to consider
when evaluating this request. The
following sources were reviewed:
• NUREG–1474, ‘‘Effect of Hurricane
Andrew on the Turkey Point Nuclear
Generating Station from August 20–30,
1992.’’
• NRC Information Notice 93–53,
‘‘Effect of Hurricane Andrew on Turkey
Point Nuclear Generating Station and
Lessons Learned.’’
• NRC Information Notice 93–53,
Supplement 1, ‘‘Effect of Hurricane
Andrew on Turkey Point Nuclear
Generating Station and Lessons
Learned.’’
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Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
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• NUREG–0933, ‘‘Resolution of
Generic Safety Issues,’’ Issue 178: Effect
of Hurricane Andrew on Turkey Point
(Rev 2).
Hurricane Andrew was a Category 5
hurricane that struck the Turkey Point
site on August 24, 1992. On September
10, 1992, the NRC and the Institute of
Nuclear Power Operations jointly
sponsored a team to review the damage
of Hurricane Andrew on the nuclear
units and the utility’s actions to prepare
for the storm and recover from it and
compile lessons learned that might
benefit other nuclear utilities. The
licensee exemption request and the
licensee’s site procedures related to
severe winds were compared to the
actions and lessons learned documented
in NUREG–1474, including an
indication that detailed methodical
preparations should be made prior to
the onset of hurricane force winds.
The NRC staff has reviewed the FPL
exemption request for the Turkey Point
site and agrees that preparing the site for
the onset of severe wind conditions
such as hurricanes, including
sequestering enough essential personnel
to provide for shift relief, is prudent to
ensure plant and personnel safety.
10 CFR 26.207(d) Exemption
Pursuant to 10 CFR 26.207(d)
licensees need not meet the
requirements of Section 26.205(c) and
(d) during declared emergencies as
defined in the licensee’s emergency
plan. The FPL RAI response letter dated
March 9, 2010, clarified that the entry
condition for the exemption is when site
preparations are commenced per the
licensee’s severe weather preparation
procedure (confirmed tropical storm
watch or warning, or confirmed
hurricane watch or warning). As defined
by the NHC, a tropical storm watch is
declared when sustained winds of at
least 39 mph are expected somewhere
within the specified coastal area. The
entry condition for a Turkey Point
declaration of an Unusual Event is a
confirmed hurricane warning, which is
defined by the NHC when sustained
winds of 74 mph are expected
somewhere within the specified coastal
area. Therefore, entry conditions for the
requested exemption may precede the
declaration of a UE.
Section 26.207(d) states that licensees
need not meet the requirements of
26.205(c) and (d) during declared
emergencies, therefore there is no need
for an additional exemption to be
granted during the period of a declared
emergency for severe winds. Although
work hours, breaks, and days off are
calculated as usual during a licensedeclared plant emergency, licensees are
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unconstrained in the number of hours
they may allow individuals to work
performing covered duties or the timing
and duration of breaks they must
require them to take.
The FPL RAI response letter dated
March 9, 2010, clarifies that the exit
condition for the exemption is when the
Emergency Coordinator determines
there are sufficient personnel available
to meet the requirements of 10 CFR
26.205 (c) and (d). Therefore, exit
conditions for this exemption request
can possibly come well after the exit of
the UE.
To summarize, the FPL exemption
request for Turkey Point Units 3 and 4
can be characterized, as having three
parts: A high wind exemption; a
recovery exemption immediately
following an Emergency Plan
exemption; and a recovery exemption
immediately following a high wind
exemption.
High Wind Exemption
A high wind exemption encompasses
the period starting with the entry
conditions prior to the declaration of a
UE (confirmed hurricane warning is in
effect). 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.’’
FPL requests an exemption from 10
CFR 26.205(c) and (d) work hour
controls during periods of high winds.
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 there is a
confirmed tropical storm watch or
warning or when there is a confirmed
hurricane watch or warning and the
Emergency Coordinator indicates that
site preparations should be commenced
per the severe weather preparation
procedure.
The NHC defines a hurricane warning
as an announcement that hurricane
conditions (sustained winds of 74 mph
or higher) are expected somewhere
within the specified coastal area.
Because severe wind preparedness
activities become difficult once winds
reach tropical storm force, a hurricane
warning is issued 36 hours in advance
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803
of the anticipated onset of tropicalstorm-force winds (39 to 73 mph).
Lessons learned that are published in
NUREG–1474 include the
acknowledgement that detailed,
methodical preparations should be
made prior to the onset of hurricane
force winds. The NRC staff finds the
Turkey Point proceduralized actions are
consistent with the lessons learned.
Recovery Exemption Immediately
Following a High Wind Exemption
The period immediately following the
high wind exemption, but when the
conditions for a UE no longer exist, may
still require a recovery period. Also,
high winds that make travel unsafe but
that fall below the threshold of an
emergency, could be present for several
days. After the high wind condition has
passed, sufficient numbers of personnel
may not be able to access the site to
relieve the sequestered individuals. An
exemption during these conditions is
consistent with the intent of the 10 CFR
26.207(d) exemption.
Recovery Exemption Immediately
Following an Emergency Plan
Exemption
Following a declared emergency,
under 10 CFR 26.207(d), due to high
wind conditions, the site may not be
accessible by sufficient numbers of
personnel to allow relief of the
sequestered individuals. Once the high
wind conditions have passed and the
UE exited, a recovery period might be
necessary. An exemption during these
circumstances is consistent with the
intent of 10 CFR 26.207(d).
Once Turkey Point has entered into
either the high wind exemption or the
10 CFR 26.207(d) exemption, the
licensee should not need to make a
declaration that it is invoking the
recovery exemption.
Unit Shutdown
If a hurricane warning is in effect and
the storm is projected to reach the site
as a Category 1 or 2 hurricane, then
shutdown of the units to hot standby
(mode 3) is commenced at least two (2)
hours before the projected onset of
sustained hurricane force winds at the
site. Both units will remain offline for
the duration of the hurricane force
winds (or restoration of reliable offsite
power). If the storm is projected to reach
the site as a category 3, 4, and 5
hurricane prior to landfall, specific
shutdown conditions are established at
least two (2) hours before the projected
onset of sustained hurricane force winds
at the site. Because severe weather
preparations are likely commenced
prior to the shutdown of the units, then
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Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
this exemption will allow sufficient
personnel onsite to ensure that the
facility is properly secured for severe
weather.
Lessons learned from Hurricane
Andrew, NUREG–1474, include having
both units shutdown and on residual
heat removal when the storm strikes so
that a loss of offsite power will not
jeopardize core cooling. The NRC staff
finds the Turkey Point plan is consistent
with the lessons learned.
Storm Crew
Turkey Point plans to sequester
sufficient individuals to staff two 12hour 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
Turkey Point hurricane plan provides
for bunking facilities that provide an
accommodation for restorative rest for
the off crew. A 12-hour break provides
each individual with an opportunity for
restorative rest. Although, the
accommodations and potentially
stressful circumstances may not be ideal
for restorative rest, the NRC finds that
these actions are consistent with the
practice of fatigue management when
limited personnel are available during
severe weather conditions.
Maintenance
The FPL RAI response letter dated
September 2, 2010, clarified that the
exemption request does not apply to
discretionary maintenance activities.
Suspension of work hour controls is for
storm preparation activities and those
deemed critical for plant and public
safety. The staff finds the exclusion of
discretionary maintenance from the
exemption request to be consistent with
the intent of the exemption.
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Procedural Guidance
By letter dated October 20, 2010,
Turkey Point committed to maintain the
following guidance, applicable to this
exemption, in a site procedure:
• The conditions necessary to
sequester site personnel that are
consistent with the conditions specified
in the Turkey Point exemption request.
• Provisions for ensuring that
personnel who are not performing
duties are provided an opportunity as
well as accommodations for restorative
rest.
• The condition for departure from
the exemption is based on the
Emergency Coordinator’s determination
that adequate staffing is available to
meet the requirements of 10 CFR
26.205(c) and (d).
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Returning to Work Hour Controls
Turkey Point must return to work
hour controls when the Emergency
Coordinator determines that adequate
staff is available to meet the 10 CFR
26.205(c) and (d) requirements. Upon
exiting the exemption, the work hour
controls in Section 26.205(c) and (d)
apply and the requirements in
26.205(b)(3) must be met.
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. Even though
it might be necessary to utilize whatever
staff resources during severe weather
preparation and storm crew activation,
opportunities for restorative sleep will
be maintained. 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.
The licensee will provide sufficient
numbers of management and
supervision over the storm crew or the
resources utilized during the plant
emergency to provide additional
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oversight for monitoring the effects of
fatigue to ensure that the safety and
security of the facility are maintained.
Also, during the plant emergency,
opportunities for restorative sleep will
be maintained. Therefore, the common
defense and security is not impacted by
this exemption.
Otherwise in the Public Interest
The proposed exemption would
increase the availability of the licensee
staff. The exemption would allow
licensee staff to return to the site and
perform additional duties to ensure the
plant is in a safe configuration during
the emergency. Therefore, granting this
exemption is otherwise in the public
interest.
4.0 Conclusion
Granting this exemption is consistent
with 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 Part 26 Statements
of Consideration, page 17148 states 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 reaches and maintains a safe and
secure status.
The actions described in the
exemption request and submitted
procedures are consistent with the
recommendations in NUREG–1474.
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.
Based on the considerations discussed
above, 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 be contrary to the
common defense and security or to the
health and safety of the public.
Therefore, the staff finds this request to
be acceptable.
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Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (75FR 34776; June
18, 2010). This exemption is effective
upon issuance.
Dated at Rockville, Maryland, this 27th day
of December 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–10 Filed 1–5–11; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63624; File No. SR–
NYSEArca–2010–120]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change Relating to Listing and
Trading Shares of the SPDR Nuveen
S&P High Yield Municipal Bond ETF
December 30, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on December
21, 2010, NYSE Arca, Inc. (‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
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The Exchange proposes to list and
trade shares of the SPDR Nuveen S&P
High Yield Municipal Bond ETF under
NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and https://
www.nyse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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15:07 Jan 05, 2011
Jkt 223001
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to list and
trade shares (‘‘Shares’’) of the following
series of the SPDR Series Trust (‘‘Trust’’)
under NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02, which governs the
listing and trading of Investment
Company Units (‘‘Units’’), based on the
S&P Municipal Yield Index (‘‘Index’’):
SPDR Nuveen S&P HighYield Municipal
Bond ETF (‘‘Fund’’ or ‘‘ETF’’).3
The SPDR Nuveen S&P High Yield
Municipal Bond ETF 4 seeks to provide
investment results that, before fees and
expenses, correspond generally to the
price and yield performance of the
Index, which tracks the U.S. municipal
bond market, and to provide income
that is exempt from regular federal
income taxes.5
3 The Commission has previously approved
listing and trading of Units based on certain fixed
income indexes. See, e.g., Securities Exchange Act
Release No. 48662 (October 20, 2003), 68 FR 61535
(October 28, 2003) (SR–PCX–2003–41) (approving
listing and trading pursuant to unlisted trading
privileges (‘‘UTP’’) of fixed income funds and the
UTP trading of certain iShares® fixed income
funds). In addition, the Commission has approved
NYSE Arca generic listing rules for Units based on
a fixed income index in Securities Exchange Act
Release No. 55783 (May 17, 2007), 72 FR 29194
(May 24, 2007) (SR–NYSEArca–2007–36). The
Commission has approved pursuant to Section
19(b)(2) of the Exchange Act the listing on the
American Stock Exchange (‘‘Amex’’) of exchange
traded funds based on fixed income indexes. See,
e.g., Securities Exchange Act Release No. 48534
(September 24, 2003), 68 FR 56353 (September 30,
2003) (SR–Amex–2003–75) (order approving listing
on Amex of eight series of iShares Lehman Bond
Funds). In addition, the Commission has approved
two actively managed funds of the PIMCO ETF
Trust that hold municipal bonds. See Securities
Exchange Act Release No. 60981 (August 27, 2009)
(SR–NYSEArca–2009–79) (order approving PIMCO
Short-Term Municipal Bond Strategy Fund and
PIMCO Intermediate Municipal Bond Strategy
Fund, among others).
4 Standard & Poor’s Financial Services LLC is the
Index Sponsor with respect to the Index. The Index
Sponsor is not affiliated with a broker-dealer and
has implemented procedures designed to prevent
the use and dissemination of material, non-public
information regarding the Index.
5 See the Trust’s registration statement on Form
N–1A under the Securities Act of 1933 (15 U.S.C.
77a) and the Investment Company Act of 1940 (15
U.S.C. 80a), dated February 22, 2010 (File No. 333–
57793 and 811–08839) (‘‘Registration Statement’’).
The description of the operation of the Trust and
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805
The Exchange is submitting this
proposed rule change because the Index
for the Fund does not meet all of the
‘‘generic’’ listing requirements of
Commentary .02(a)(2) to NYSE Arca
Equities Rule 5.2(j)(3) applicable to
listing of Units based on U.S. indexes.
The Index meets all such requirements
except for those set forth in
Commentary .02(a)(2).6 Specifically, as
of December 20, 2010, 26.47% of the
weight of the Index components have a
minimum principal amount outstanding
of $100 million or more.
According to the Registration
Statement, the Index is designed to
measure the performance of high yield
municipal bonds issued by U.S. states
and territories or local governments or
agencies, such that interest on the
securities is exempt from U.S. federal
income tax, but may be subject to the
alternative minimum tax and to state
and local income taxes. High yield
securities are generally rated below
investment grade and are commonly
referred to as ‘‘junk bonds.’’ The Index
is a sub-set of the Standard & Poor’s/
Investortools Municipal Bond Index and
the Standard & Poor’s/Investortools
High Yield Bond Index and includes
publicly issued U.S. dollar
denominated, fixed rate, municipal
bonds that have a remaining maturity of
at least one year.
The Index consists of categories of
bonds in the following proportions: (i)
70% of the Index constituents are
components of the Standard & Poor’s/
Investortools High Yield Bond Index,
which are non-rated or are rated below
investment grade; (ii) 20% of the Index
constituents are components of the
Standard & Poor’s/Investortools Bond
Index that are rated Baa3, Baa2, or Baa1
by Moody’s Investors Service, or BBB-,
BBB, or BBB+ by Standard and Poor’s or
Fitch; and (iii) 10% of the Index
constituents are components of the
Standard & Poor’s/Investortools Bond
Index that are rated A3, A2, or A1 by
Moody’s Investor Services, or A-, A, or
A+ by Standard & Poor’s or Fitch. Bonds
that have been escrowed will not be
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bonds will not be included in the Index.
Where the ratings assigned by the
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will use the middle rating if three
ratings are available, and the lower of
the Fund herein is based on the Registration
Statement.
6 Commentary .02(a)(2) to NYSE Arca Equities
Rule 5.2(j)(3) provides that components that in the
aggregate account for at least 75% of the weight of
the index or portfolio each shall have a minimum
principal amount outstanding of $100 million or
more.
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 802-805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10]
[[Page 802]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251; NRC-2010-0025]
Florida Power and Light Company, Turkey Point, Units 3 and 4;
Exemption
1.0 Background
Florida Power and Light Company (FPL, the licensee) is the holder
of Facility Operating License Nos. DPR-31 and DPR-41, which authorize
operation of Turkey Point, Unit Nos. 3 and 4 (Turkey Point 3 and 4).
The license provides, among other things, that the facility is subject
to all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC) now or hereafter in effect. The facility consists of
two pressurized-water reactors located in Florida City, Florida.
2.0 Request/Action
By letter dated October 13, 2009 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML092950342), and pursuant to
Title 10 of the Code of Federal Regulations (CFR), Section 26.9, FPL
requested an exemption from the requirements of 10 CFR 26.205(c),
``Work hours scheduling,'' and (d), ``Work hour controls,'' during
declarations of severe weather conditions such as tropical storm and
hurricane force winds at the Turkey Point site. Supplemental responses
and responses to requests for additional information (RAI) are dated
March 9, 2010 (ADAMS Accession No. ML100770099), September 2, 2010
(ADAMS Accession No. ML102580335), October 6, 2010 (ADAMS Accession No.
ML102850047), and October 20, 2010 (ADAMS Accession No. ML103060463).
The requested exemption applies to individuals who perform duties
identified in 10 CFR 26.4(a)(1) through (a)(5) who are sequestered
onsite during the severe wind event, as travel to and from the site
during severe wind conditions may be hazardous or not possible. The
exemption request states that because of the unpredictable nature and
potential speed of a storm, a need to activate the storm crew could
occur on short notice and without the ability to meet work hour
controls. The exemption request also states that although the plant may
not meet the criteria for declaring an emergency based on the NRC-
approved emergency action levels, emergency preparedness would require
the implementation of the site emergency plan.
After the high wind conditions pass, wind damage to the plant and
surrounding area might preclude sufficient numbers of individuals from
immediately returning to the site. Additionally, if mandatory civil
evacuations were ordered, this could also delay the return of
sufficient relief personnel. The Emergency Coordinator (a senior
management official at Turkey Point) will decide when weather
conditions permit sufficient personnel to travel safely to and from the
site. When this declaration is made, full compliance with 10 CFR
26.205(c) and (d) is again required.
The exemption would allow Turkey Point to sequester individuals
onsite, when travel to and from the site during high wind conditions is
hazardous or not possible due to severe weather conditions. According
to the National Weather Service, sustained wind speed of 40 miles per
hour (mph) makes travel unsafe for the common traveler.
If conditions are such that sustained winds of 73 mph are present
onsite, then Turkey Point will declare a Notice of Unusual Event (UE).
When this declaration is made, an exemption from these same work hour
controls is available under 10 CFR 26.207(d).
3.0 Discussion
The NRC staff has reviewed the licensee's overall request against
the regulations contained in 10 CFR 26.205 and 26.207 and related
Federal Register Notice Statements of Consideration [73 FR 16965].
Also, the NRC staff reviewed the guidance in Regulatory Guide 5.73,
Fatigue Management for Nuclear Power Plant Personnel. Information from
the National Hurricane Center (NHC) (https://www.nhc.noaa.gov/) was used
to understand various conditions or effects related to tropical storm
and hurricane wind speeds.
10 CRF Part 26 Subpart I, Managing Fatigue
The fatigue management provisions in 10 CFR Part 26 Subpart I are
designed as an integrated approach to managing both cumulative and
acute fatigue. The requirement to schedule individuals' work hours
consistent with the objective of preventing impairment from fatigue is
found in 10 CFR 26.205(c). Section 26.205(d) of 10 CFR provides the
actual work hour controls--which are 16 work hours in any 24-hour
period, 26 work hours in any 48-hour period, and 72 work hours in any
7-day period. This section also provides limits on the number of hours
an individual may work; limits on the minimum break times between work
periods; and limits for the minimum number of days off an individual
must be given.
Section 26.205(b) of 10 CFR is the requirement to count work hours
and days worked. Section 26.205(b)(3) is the requirement to consider
other periods of work not included in Section 26.205(d) so that they
can be included in the work hour control calculations when a covered
individual resumes covered work.
Regulatory Guide 5.73
Regulatory Guide 5.73, Fatigue Management for Nuclear Power Plant
Personnel, endorses the Nuclear Energy Institute (NEI) report NEI 06-
11, revision 1, ``Managing Personnel Fatigue at Nuclear Power Plants,''
with certain clarifications, additions and exceptions.
Staff has endorsed this guidance for use during declared
emergencies. After exiting the emergency, the licensee is immediately
subject to the scheduling requirements of 10 CFR 26.205(c) and the work
hour/rest break/minimum day off requirements of 10 CFR 26.205(d). As
required by 26.205(b)(3), all time worked during the emergency must be
tracked to ensure that individuals are not fatigued when work hour
controls are reinstated. In a public meeting on July 2, 2010, to
discuss lessons learned regarding submitting an exemption request from
Part 26, Subpart I work hour controls during periods of severe winds
such as a tropical storm or hurricane, the staff concluded that it
finds NEI 06-11 Section 7.5 ``Reset from Deviations'' to be an
acceptable method for resuming work hour controls after the recovery
period.
Precedence
STP Nuclear Operating Company, the licensee for South Texas Project
Units 1 and 2 has been granted a similar exemption from severe wind
conditions, which can be found in the Federal Register dated July 12,
2010 (75 FR 39707).
Lessons Learned
The effects of Hurricane Andrew on the Turkey Point site were used
to identify lessons learned to consider when evaluating this request.
The following sources were reviewed:
NUREG-1474, ``Effect of Hurricane Andrew on the Turkey
Point Nuclear Generating Station from August 20-30, 1992.''
NRC Information Notice 93-53, ``Effect of Hurricane Andrew
on Turkey Point Nuclear Generating Station and Lessons Learned.''
NRC Information Notice 93-53, Supplement 1, ``Effect of
Hurricane Andrew on Turkey Point Nuclear Generating Station and Lessons
Learned.''
[[Page 803]]
NUREG-0933, ``Resolution of Generic Safety Issues,'' Issue
178: Effect of Hurricane Andrew on Turkey Point (Rev 2).
Hurricane Andrew was a Category 5 hurricane that struck the Turkey
Point site on August 24, 1992. On September 10, 1992, the NRC and the
Institute of Nuclear Power Operations jointly sponsored a team to
review the damage of Hurricane Andrew on the nuclear units and the
utility's actions to prepare for the storm and recover from it and
compile lessons learned that might benefit other nuclear utilities. The
licensee exemption request and the licensee's site procedures related
to severe winds were compared to the actions and lessons learned
documented in NUREG-1474, including an indication that detailed
methodical preparations should be made prior to the onset of hurricane
force winds.
The NRC staff has reviewed the FPL exemption request for the Turkey
Point site and agrees that preparing the site for the onset of severe
wind conditions such as hurricanes, including sequestering enough
essential personnel to provide for shift relief, is prudent to ensure
plant and personnel safety.
10 CFR 26.207(d) Exemption
Pursuant to 10 CFR 26.207(d) licensees need not meet the
requirements of Section 26.205(c) and (d) during declared emergencies
as defined in the licensee's emergency plan. The FPL RAI response
letter dated March 9, 2010, clarified that the entry condition for the
exemption is when site preparations are commenced per the licensee's
severe weather preparation procedure (confirmed tropical storm watch or
warning, or confirmed hurricane watch or warning). As defined by the
NHC, a tropical storm watch is declared when sustained winds of at
least 39 mph are expected somewhere within the specified coastal area.
The entry condition for a Turkey Point declaration of an Unusual Event
is a confirmed hurricane warning, which is defined by the NHC when
sustained winds of 74 mph are expected somewhere within the specified
coastal area. Therefore, entry conditions for the requested exemption
may precede the declaration of a UE.
Section 26.207(d) states that licensees need not meet the
requirements of 26.205(c) and (d) during declared emergencies,
therefore there is no need for an additional exemption to be granted
during the period of a declared emergency for severe winds. Although
work hours, breaks, and days off are calculated as usual during a
license-declared plant emergency, licensees are unconstrained in the
number of hours they may allow individuals to work performing covered
duties or the timing and duration of breaks they must require them to
take.
The FPL RAI response letter dated March 9, 2010, clarifies that the
exit condition for the exemption is when the Emergency Coordinator
determines there are sufficient personnel available to meet the
requirements of 10 CFR 26.205 (c) and (d). Therefore, exit conditions
for this exemption request can possibly come well after the exit of the
UE.
To summarize, the FPL exemption request for Turkey Point Units 3
and 4 can be characterized, as having three parts: A high wind
exemption; a recovery exemption immediately following an Emergency Plan
exemption; and a recovery exemption immediately following a high wind
exemption.
High Wind Exemption
A high wind exemption encompasses the period starting with the
entry conditions prior to the declaration of a UE (confirmed hurricane
warning is in effect). 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.''
FPL requests an exemption from 10 CFR 26.205(c) and (d) work hour
controls during periods of high winds. 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 there is a confirmed tropical storm watch or warning or
when there is a confirmed hurricane watch or warning and the Emergency
Coordinator indicates that site preparations should be commenced per
the severe weather preparation procedure.
The NHC defines a hurricane warning as an announcement that
hurricane conditions (sustained winds of 74 mph or higher) are expected
somewhere within the specified coastal area. Because severe wind
preparedness activities become difficult once winds reach tropical
storm force, a hurricane warning is issued 36 hours in advance of the
anticipated onset of tropical-storm-force winds (39 to 73 mph).
Lessons learned that are published in NUREG-1474 include the
acknowledgement that detailed, methodical preparations should be made
prior to the onset of hurricane force winds. The NRC staff finds the
Turkey Point proceduralized actions are consistent with the lessons
learned.
Recovery Exemption Immediately Following a High Wind Exemption
The period immediately following the high wind exemption, but when
the conditions for a UE no longer exist, may still require a recovery
period. Also, high winds that make travel unsafe but that fall below
the threshold of an emergency, could be present for several days. After
the high wind condition has passed, sufficient numbers of personnel may
not be able to access the site to relieve the sequestered individuals.
An exemption during these conditions is consistent with the intent of
the 10 CFR 26.207(d) exemption.
Recovery Exemption Immediately Following an Emergency Plan Exemption
Following a declared emergency, under 10 CFR 26.207(d), due to high
wind conditions, the site may not be accessible by sufficient numbers
of personnel to allow relief of the sequestered individuals. Once the
high wind conditions have passed and the UE exited, a recovery period
might be necessary. An exemption during these circumstances is
consistent with the intent of 10 CFR 26.207(d).
Once Turkey Point has entered into either the high wind exemption
or the 10 CFR 26.207(d) exemption, the licensee should not need to make
a declaration that it is invoking the recovery exemption.
Unit Shutdown
If a hurricane warning is in effect and the storm is projected to
reach the site as a Category 1 or 2 hurricane, then shutdown of the
units to hot standby (mode 3) is commenced at least two (2) hours
before the projected onset of sustained hurricane force winds at the
site. Both units will remain offline for the duration of the hurricane
force winds (or restoration of reliable offsite power). If the storm is
projected to reach the site as a category 3, 4, and 5 hurricane prior
to landfall, specific shutdown conditions are established at least two
(2) hours before the projected onset of sustained hurricane force winds
at the site. Because severe weather preparations are likely commenced
prior to the shutdown of the units, then
[[Page 804]]
this exemption will allow sufficient personnel onsite to ensure that
the facility is properly secured for severe weather.
Lessons learned from Hurricane Andrew, NUREG-1474, include having
both units shutdown and on residual heat removal when the storm strikes
so that a loss of offsite power will not jeopardize core cooling. The
NRC staff finds the Turkey Point plan is consistent with the lessons
learned.
Storm Crew
Turkey Point 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 Turkey Point hurricane
plan provides for bunking facilities that provide an accommodation for
restorative rest for the off crew. A 12-hour break provides each
individual with an opportunity for restorative rest. Although, the
accommodations and potentially stressful circumstances may not be ideal
for restorative rest, the NRC finds that these actions are consistent
with the practice of fatigue management when limited personnel are
available during severe weather conditions.
Maintenance
The FPL RAI response letter dated September 2, 2010, clarified that
the exemption request does not apply to discretionary maintenance
activities. Suspension of work hour controls is for storm preparation
activities and those deemed critical for plant and public safety. The
staff finds the exclusion of discretionary maintenance from the
exemption request to be consistent with the intent of the exemption.
Procedural Guidance
By letter dated October 20, 2010, Turkey Point committed to
maintain the following guidance, applicable to this exemption, in a
site procedure:
The conditions necessary to sequester site personnel that
are consistent with the conditions specified in the Turkey Point
exemption request.
Provisions for ensuring that personnel who are not
performing duties are provided an opportunity as well as accommodations
for restorative rest.
The condition for departure from the exemption is based on
the Emergency Coordinator's determination that adequate staffing is
available to meet the requirements of 10 CFR 26.205(c) and (d).
Returning to Work Hour Controls
Turkey Point must return to work hour controls when the Emergency
Coordinator determines that adequate staff is available to meet the 10
CFR 26.205(c) and (d) requirements. Upon exiting the exemption, the
work hour controls in Section 26.205(c) and (d) apply and the
requirements in 26.205(b)(3) must be met.
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. Even though it might be
necessary to utilize whatever staff resources during severe weather
preparation and storm crew activation, opportunities for restorative
sleep will be maintained. 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. The licensee
will provide sufficient numbers of management and supervision over the
storm crew or the resources utilized during the plant emergency to
provide additional oversight for monitoring the effects of fatigue to
ensure that the safety and security of the facility are maintained.
Also, during the plant emergency, opportunities for restorative sleep
will be maintained. Therefore, the common defense and security is not
impacted by this exemption.
Otherwise in the Public Interest
The proposed exemption would increase the availability of the
licensee staff. The exemption would allow licensee staff to return to
the site and perform additional duties to ensure the plant is in a safe
configuration during the emergency. Therefore, granting this exemption
is otherwise in the public interest.
4.0 Conclusion
Granting this exemption is consistent with 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 Part 26 Statements of Consideration,
page 17148 states 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
reaches and maintains a safe and secure status.
The actions described in the exemption request and submitted
procedures are consistent with the recommendations in NUREG-1474. 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.
Based on the considerations discussed above, 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 be contrary to
the common defense and security or to the health and safety of the
public. Therefore, the staff finds this request to be acceptable.
[[Page 805]]
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (75FR 34776; June 18, 2010). This
exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of December 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2011-10 Filed 1-5-11; 8:45 am]
BILLING CODE 7590-01-P
