Florida Power and Light Company, St. Lucie, Unit Nos. 1 and 2; Exemption, 24062-24064 [2011-10404]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 24062 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices graduate fellowships for scientific study or scientific work in the mathematical, physical, biological, engineering, social, and other sciences at accredited U.S. institutions selected by the recipient of such aid, for stated periods of time.’’ The Graduate Research Fellowship Program is designed to meet the following objectives: • To select, recognize, and financially support individuals with the demonstrated potential to be high achieving scientists and engineers. • To broaden participation in science and engineering. The list of GRFP Fellows sponsored by the Foundation may be found via FastLane through the NSF Web site: http://www.fastlane.nsf.gov. The GRF Program is described in the Solicitation available at: http://www.nsf.gov/ publications/pub_summ.jsp?WT.z_ pims_id=6201&ods_key=nsf10604. Estimate of Burden: This is an annual application program providing three years of support to individuals, usable over a five-year fellowship period. The application deadline is the third week in November. It is estimated that each submission is averaged to be 12 hours per respondent. Respondents: Individuals. Estimated Number of Responses: 12,000. Estimated Total Annual Burden on Respondents: 144,000 hours. Frequency of Responses: Annually. Comments: Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Dated: April 25, 2011. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2011–10300 Filed 4–28–11; 8:45 am] BILLING CODE 7555–01–P VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92–463, as amended), the National Science Foundation announces the following meeting: Name: Business and Operations Advisory Committee (9556). Date/Time: May 17, 2011; 1 p.m. to 6 p.m. (EST). May 18, 2011; 8 a.m. to 12 p.m. (EST). Place: National Science Foundation, 4201 Wilson Boulevard,. Stafford I, Room 375, Arlington, VA. Type of Meeting: Open. Contact Person: Patty Balanga, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230 (703) 292–8100. Purpose of Meeting: To provide advice concerning issues related to the oversight, integrity, development and enhancement of NSF’s business operations. Agenda: May 17, 2011 Welcome/Introductions; BFA/OIRM/ CHCO/CIO Overview Presentations; Innovative Technologies; International Facilities Subcommittee; Sensitive and Personally Identifiable Information; State of the B&O Committee. May 18, 2011 NSF Recompetition Policy; Committee Discussion: Prepare for Meeting with NSF Deputy Director; Discussion with Deputy Director; Closing Committee Discussion/ Wrap-Up. Dated: April 26, 2011. Susanne Bolton, Committee Management Officer. Summary of Minutes: May be obtained from contact person listed above. Purpose of Meeting: To provide advice and recommendations to the National Science Foundation on major goals and policies pertaining to Social, Behavioral and Economic Sciences Directorate programs and activities. Agenda: Thursday, May 19, 2011 Updates and discussions on continuing activities • Budget priorities for FY 2012 • SBE/SES COV Report • Science of Learning Centers (SLC) Program • AC Report on SBE Futures • NCSES (formerly SRS) Update SBE 2020 Activity New SBE Data & Infrastructure Activities Friday, May 20, 2011 Discussion with NSF Director and Deputy Director Overview and discussion • Science, Engineering & Education for Sustainability (SEES) • Cyberinfrastructure Framework for the 21st Century (CIF21) Opportunities for International Partnerships with ESRC Dated: April 26, 2011. Susanne Bolton, Committee Management Officer. [FR Doc. 2011–10365 Filed 4–28–11; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0363; Docket Nos. 50–335 and 50–389] [FR Doc. 2011–10364 Filed 4–28–11; 8:45 am] BILLING CODE 7555–01–P Florida Power and Light Company, St. Lucie, Unit Nos. 1 and 2; Exemption NATIONAL SCIENCE FOUNDATION 1.0 Advisory Committee for Social, Behavioral and Economic Sciences; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92–463, as amended), the National Science Foundation announces the following meeting: Name: Advisory Committee for Social, Behavioral and Economic Sciences (#1171) Date/Time: May 19, 2011; 9 a.m. to 5:30 p.m. May 20, 2011; 9 a.m. to 1 p.m. Place: National Science Foundation, 4201 Wilson Boulevard, Stafford II, Room 555, Arlington, VA 22230. Type of Meeting: Open. Contact Person: Ms. Lisa Jones, Office of the Assistant Director, Directorate for Social, Behavioral and Economic Sciences, National Science Foundation, 4201 Wilson Boulevard, Room 905, Arlington, Virginia 22230, 703– 292–8700 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Background Florida Power & Light Company, et al. (FPL, the licensee), is the holder of Facility Operating License Nos. DPR–67 and NPF–16, which authorize operation of St. Lucie, Unit 1 and 2 (St. Lucie 1 and 2). 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 on Hutchinson Island in St. Lucie County, Florida. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR), Part 26, Subpart I, Managing Fatigue, requires that an individual’s work hours be scheduled consistent with the objective of preventing impairment from fatigue as E:\FR\FM\29APN1.SGM 29APN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices found in 10 CFR 26.205(c). Section 26.205(d) of 10 CFR provides the actual work hour controls—which include a maximum of 16 work hours in any 24hour period, 26 work hours in any 48hour period, and 72 work hours in any 7-day period. This section also provides the minimum break times between work periods and limits for the minimum number of days off an individual must be given. The licensee has requested an exemption from 10 CFR 26.205(c) and (d) for meeting work hour controls during preparation for severe weather conditions involving tropical storm or hurricane force winds. 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 a severe wind event, as travel to and from the site during severe wind conditions may be hazardous or not possible. According to the National Weather Service, a sustained wind speed of 40 miles per hour (mph) makes travel unsafe for the common traveler. 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. The exemption does not apply to discretionary maintenance activities. Suspension of work hour controls is for storm preparation activities, and those activities deemed critical for plant and public safety. Section 26.207(d) of 10 CFR states that licensees need not meet the requirements of 26.205(c) and (d) during declared emergencies, as defined in the licensee’s emergency plan. A confirmed hurricane warning, defined by the National Hurricane Center (NHC) as when sustained winds of 74 mph are expected somewhere within the specified coastal area, is an entry condition for a declared emergency under the St. Lucie emergency plan. Therefore, this exemption is not needed, and does not apply, during the period of a St. Lucie declared emergency for severe winds. Although work hours, breaks, and days off are calculated as usual during a licensee-declared plant emergency, licensees are unconstrained in the number of hours that they may allow individuals to work performing covered duties or the timing and VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 duration of breaks they must require them to take. The entry condition for this exemption occurs when there is a confirmed tropical storm watch or warning or when there is a confirmed hurricane watch or warning and the St. Lucie Hurricane Response Coordinator (a senior management official at St. Lucie) indicates that site preparations should be commenced per the severe weather preparation procedure. As defined by the National Hurricane Center (NHC), a tropical storm watch is declared when sustained winds of at least 39 mph are expected somewhere within the specified coastal area. Therefore, entry conditions for the exemption may precede the declaration of an emergency due to a confirmed hurricane warning. The exit condition for the exemption is when the Hurricane Response Coordinator determines that conditions and available personnel are sufficient to safely 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 a declared emergency. After high wind conditions pass, damage to the plant and surrounding area might preclude sufficient numbers of individuals from immediately returning to the site. Additionally, mandatory civil evacuations could also delay the return of sufficient relief personnel. When the Hurricane Response Coordinator determines that conditions permit sufficient personnel to be available following a severe wind event, full compliance with 10 CFR 26.205(c) and (d) is again required. 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. The NRC 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. The staff has previously determined that NEI 06–11, Revision 1, Section 7.5 ‘‘Reset from Deviations’’ is an acceptable method for resuming work hour controls after a Plant Emergency exception. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 24063 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 NRC staff granted a similar exemption to FPL for Turkey Point, Units 3 and 4. The exemption can be found in the Federal Register dated January 6, 2011 (76 FR 802). 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.’’ • 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. Lessons learned from Hurricane Andrew, NUREG–1474, include having all units shutdown and on residual heat removal when a storm strikes so that a loss of offsite power will not jeopardize core cooling. The licensee exemption request for St. Lucie 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, and are consistent with the lessons learned. The licensee’s site procedures provide that 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 E:\FR\FM\29APN1.SGM 29APN1 srobinson on DSKHWCL6B1PROD with NOTICES 24064 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Notices winds (or restoration of reliable offsite power). If the storm is projected to reach the site as a category 3, 4, or 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 will likely commence prior to the shutdown of the units, this exemption will allow sufficient personnel onsite to ensure that the facility is properly secured for severe weather. The NRC staff has reviewed the FPL exemption request for the St. Lucie 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. The licensee plans to sequester sufficient individuals to staff two 12hour shifts of workers consisting of personnel from operations, maintenance, health physics, chemistry, engineering, and security to maintain the safe and secure operation of the facility. The St. Lucie hurricane plan provides for bunking facilities that provide an accommodation for restorative rest for the off crew. A 12hour 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. In summary, by letter dated October 16, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092990394), and pursuant to Title 10 of the Code of Federal Regulations (CFR) 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 St. Lucie site. Supplemental responses and responses to requests for additional information are dated March 11, 2010 (ADAMS Accession No. ML100750658), September 16, 2010 (ADAMS Accession No. ML102640111), December 10, 2010 (ADAMS Accession No. ML103560079), and December 22, 2010 (ADAMS Accession No. ML103630360). 3.0 Discussion Pursuant to 10 CFR 26.9, the Commission may, upon application of any interested person or on its own initiative, grant such exemptions from VerDate Mar<15>2010 17:39 Apr 28, 2011 Jkt 223001 the requirements of 10 CFR Part 26 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. Authorized by Law As stated above, this exemption would allow the licensee to sequester the storm crew on site when conditions are met and suspend work hour controls for the stated reasons. 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. Will Not Endanger Life or Property 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 the licensee maintaining the additional staff on site necessary to respond to a plant emergency during a severe storm to ensure that the plant maintains a safe and secure status; therefore, the probability of postulated accidents is not increased. Even though the licensee will utilize whatever staff resources may be necessary 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, the exemption will not endanger life or property. Will Not Endanger the 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. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 Otherwise in the Public Interest The proposed exemption would increase the availability of the licensee staff. The exemption would allow licensee staff to remain at or 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 Accordingly, the Commission has determined that, pursuant to 10 CFR 26.9, the exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants Florida Power & Light Company an exemption from the requirements of 10 CFR 26.205(c) and (d) under the conditions specified above for St. Lucie 1 and 2. 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 (75 FR 73134). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 22nd day of April 2011. For the Nuclear Regulatory Commission. Robert A. Nelson, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–10404 Filed 4–28–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–528, 50–529, 50–530; NRC– 2009–0012 Arizona Public Service Company, Palo Verde Nuclear Generating Station, Units 1, 2, and 3, Notice of Issuance of Renewed Facility Operating License Nos. NPF–41, NPF–51, and NPF–74 for an Additional 20-Year Period; Record of Decision Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued Renewed Facility Operating License Nos. NPF–41, NPF–51, and NPF–74 to Arizona Public Service Company (licensee), the operator of the Palo Verde Nuclear Generating Station, Units 1, 2, and 3 (PVNGS). Renewed Facility Operating License Nos. NPF–41, NPF–51, and NPF–74 authorize the licensee to operate PVNGS at reactor core power levels not in excess of 3990 megawatts E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24062-24064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10404]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0363; Docket Nos. 50-335 and 50-389]


Florida Power and Light Company, St. Lucie, Unit Nos. 1 and 2; 
Exemption

1.0 Background

    Florida Power & Light Company, et al. (FPL, the licensee), is the 
holder of Facility Operating License Nos. DPR-67 and NPF-16, which 
authorize operation of St. Lucie, Unit 1 and 2 (St. Lucie 1 and 2). 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 on Hutchinson Island in St. 
Lucie County, Florida.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 26, 
Subpart I, Managing Fatigue, requires that an individual's work hours 
be scheduled consistent with the objective of preventing impairment 
from fatigue as

[[Page 24063]]

found in 10 CFR 26.205(c). Section 26.205(d) of 10 CFR provides the 
actual work hour controls--which include a maximum of 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 the minimum break 
times between work periods and limits for the minimum number of days 
off an individual must be given. The licensee has requested an 
exemption from 10 CFR 26.205(c) and (d) for meeting work hour controls 
during preparation for severe weather conditions involving tropical 
storm or hurricane force winds.
    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 a severe wind event, as travel to and from the site 
during severe wind conditions may be hazardous or not possible. 
According to the National Weather Service, a sustained wind speed of 40 
miles per hour (mph) makes travel unsafe for the common traveler. 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.
    The exemption does not apply to discretionary maintenance 
activities. Suspension of work hour controls is for storm preparation 
activities, and those activities deemed critical for plant and public 
safety.
    Section 26.207(d) of 10 CFR states that licensees need not meet the 
requirements of 26.205(c) and (d) during declared emergencies, as 
defined in the licensee's emergency plan. A confirmed hurricane 
warning, defined by the National Hurricane Center (NHC) as when 
sustained winds of 74 mph are expected somewhere within the specified 
coastal area, is an entry condition for a declared emergency under the 
St. Lucie emergency plan. Therefore, this exemption is not needed, and 
does not apply, during the period of a St. Lucie declared emergency for 
severe winds. Although work hours, breaks, and days off are calculated 
as usual during a licensee-declared plant emergency, licensees are 
unconstrained in the number of hours that they may allow individuals to 
work performing covered duties or the timing and duration of breaks 
they must require them to take.
    The entry condition for this exemption occurs when there is a 
confirmed tropical storm watch or warning or when there is a confirmed 
hurricane watch or warning and the St. Lucie Hurricane Response 
Coordinator (a senior management official at St. Lucie) indicates that 
site preparations should be commenced per the severe weather 
preparation procedure. As defined by the National Hurricane Center 
(NHC), a tropical storm watch is declared when sustained winds of at 
least 39 mph are expected somewhere within the specified coastal area. 
Therefore, entry conditions for the exemption may precede the 
declaration of an emergency due to a confirmed hurricane warning.
    The exit condition for the exemption is when the Hurricane Response 
Coordinator determines that conditions and available personnel are 
sufficient to safely 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 a declared emergency. After high wind conditions 
pass, damage to the plant and surrounding area might preclude 
sufficient numbers of individuals from immediately returning to the 
site. Additionally, mandatory civil evacuations could also delay the 
return of sufficient relief personnel. When the Hurricane Response 
Coordinator determines that conditions permit sufficient personnel to 
be available following a severe wind event, full compliance with 10 CFR 
26.205(c) and (d) is again required.
    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.
    The NRC 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. The staff has previously determined that NEI 
06-11, Revision 1, Section 7.5 ``Reset from Deviations'' is an 
acceptable method for resuming work hour controls after a Plant 
Emergency exception.
    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 NRC staff granted a similar exemption to FPL 
for Turkey Point, Units 3 and 4. The exemption can be found in the 
Federal Register dated January 6, 2011 (76 FR 802).
    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.''
     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. 
Lessons learned from Hurricane Andrew, NUREG-1474, include having all 
units shutdown and on residual heat removal when a storm strikes so 
that a loss of offsite power will not jeopardize core cooling. The 
licensee exemption request for St. Lucie 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, and are consistent with the lessons learned.
    The licensee's site procedures provide that 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

[[Page 24064]]

winds (or restoration of reliable offsite power). If the storm is 
projected to reach the site as a category 3, 4, or 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 will likely commence 
prior to the shutdown of the units, this exemption will allow 
sufficient personnel onsite to ensure that the facility is properly 
secured for severe weather. The NRC staff has reviewed the FPL 
exemption request for the St. Lucie 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.
    The licensee plans to sequester sufficient individuals to staff two 
12-hour shifts of workers consisting of personnel from operations, 
maintenance, health physics, chemistry, engineering, and security to 
maintain the safe and secure operation of the facility. The St. Lucie 
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.
    In summary, by letter dated October 16, 2009 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML092990394), and 
pursuant to Title 10 of the Code of Federal Regulations (CFR) 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 St. Lucie site. Supplemental responses and 
responses to requests for additional information are dated March 11, 
2010 (ADAMS Accession No. ML100750658), September 16, 2010 (ADAMS 
Accession No. ML102640111), December 10, 2010 (ADAMS Accession No. 
ML103560079), and December 22, 2010 (ADAMS Accession No. ML103630360).

3.0 Discussion

    Pursuant to 10 CFR 26.9, the Commission may, upon application of 
any interested person or on its own initiative, grant such exemptions 
from the requirements of 10 CFR Part 26 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.

Authorized by Law

    As stated above, this exemption would allow the licensee to 
sequester the storm crew on site when conditions are met and suspend 
work hour controls for the stated reasons. 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.

Will Not Endanger Life or Property

    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 the licensee maintaining the additional staff 
on site necessary to respond to a plant emergency during a severe storm 
to ensure that the plant maintains a safe and secure status; therefore, 
the probability of postulated accidents is not increased. Even though 
the licensee will utilize whatever staff resources may be necessary 
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, 
the exemption will not endanger life or property.

Will Not Endanger the 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 remain at 
or 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

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
26.9, the exemption is authorized by law and will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the Commission hereby grants Florida Power 
& Light Company an exemption from the requirements of 10 CFR 26.205(c) 
and (d) under the conditions specified above for St. Lucie 1 and 2.
    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 (75 FR 73134).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd day of April 2011.

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2011-10404 Filed 4-28-11; 8:45 am]
BILLING CODE 7590-01-P