Carolina Power & Light Company, Brunswick Steam Electric Plant Units 1 and 2; Exemption, 34105-34108 [2011-14425]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC PDR reference staff by
telephone at (800) 397–4209 or (301)
415–4737 (available between 8 a.m. and
4 p.m. ET, Monday through Friday
except federal holidays), or by e-mail to
pdr@nrc.gov.
H. Information Updates to Schedule
Any updates or revisions to the
mandatory hearing schedule or the
schedule for limited appearance
sessions can be found on the NRC Web
site at https://www.nrc.gov/publicinvolve/public-meetings/index.cfm, or
by calling (800) 368–5642, extension
5036 (available between 7 a.m. and 9
p.m. ET, Monday through Friday, except
federal holidays), or by calling (301)
415–5036 (available seven days a week,
twenty-four hours a day).
It is so ordered.
Dated: June 2, 2011.
For the Atomic Safety and Licensing
Board.
G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. 2011–14416 Filed 6–9–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–320; License No. DPR–73;
NRC–2010–0358]
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
FirstEnergy Nuclear Operating
Company; Notice of Issuance of
Director’s Decision
Notice is hereby given that the
Director, Office of Federal and State
Materials and Environmental
Management Programs (FSME), has
issued a Director’s Decision with regard
to a petition dated September 30, 2010,
filed by Eric J. Epstein, hereinafter
referred to as the ‘‘Petitioner.’’ The
petition was supplemented during an
October 19, 2010, Petition Review Board
(PRB) meeting, via teleconference, with
the Petitioner and FirstEnergy
Corporation, hereinafter referred to as
FENOC. [NOTE: GPU Nuclear is the
license holder for Three Mile Island,
Unit 2 (TMI–2).] The transcript of this
teleconference is available in the
Agencywide Documents Access and
Management System (ADAMS No.
ML103120216). The petition concerns
the decommissioning funding for
TMI–2.
The petition requested that the U.S.
Nuclear Regulatory Commission (NRC)
take enforcement action in the form of
a Demand for Information from FENOC
VerDate Mar<15>2010
14:33 Jun 09, 2011
Jkt 223001
relating to inadequate financial
assurance provided by the licensee for
TMI–2’s nuclear decommissioning fund.
As the basis for the September 30,
2010, request, the Petitioner states that
the current radiological
decommissioning cost estimate is
$831.5 million and the current amount
in the decommissioning trust fund is
$484.5 million, as of December 31, 2008.
Further, the Petitioner states that
FENOC’s decommissioning report is
inadequate, and fails to account for the
special status of TMI–2, the current
level of underfunding, or the fact that
decommissioning rate recovery for
Metropolitan Edison and Pennsylvania
Electric ceases per Pennsylvania Public
Utility Commission Orders on
December 31, 2010.
On October 19, 2010, the Petitioner
and licensee met with the staff’s PRB via
teleconference. The meeting gave the
Petitioner and the licensee an
opportunity to provide additional
information and to clarify issues
identified in the petition.
The NRC sent a copy of the proposed
Director’s Decision to the Petitioner and
to the licensee for comment on April 5,
2011 (ADAMS Nos. ML110680183 and
ML110940183). The Petitioner
responded with comments on May 1,
2011 (ADAMS No. ML111260128) and
the licensee responded on April 18,
2011 (ADAMS No. ML11116A073).
Comments submitted by the Petitioner
and licensee, and the NRC staff
responses, are discussed in the
attachment to the Director’s Decision.
The Director of FSME has determined
that the request for NRC to demand
information relating to inadequate
financial assurance provided by the
licensee for TMI–2’s nuclear
decommissioning fund, be denied. The
request is denied because the updated
decommissioning funding status report
submitted by GPU Nuclear on March 29,
2010, for TMI–2, which is the latest sitespecific decommissioning funding plan,
provides adequate decommissioning
funding assurance in accordance with
NRC regulations. GPU Nuclear is owned
by FENOC. A complete discussion of
the reasons for this decision are
explained in the Director’s Decision
pursuant to 10 CFR 2.206 (DD–11–04),
the complete text of which is available
in ADAMS for inspection at the
Commission’s Public Document Room,
located at One White Flint, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852, and from the ADAMS
Public Library component on the NRC’s
Web site, https://www.nrc.gov (the public
Electronic Reading Room).
As provided in 10 CFR 2.206(c), a
copy of this Director’s Decision will be
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
34105
filed with the Secretary of the
Commission for the Commission to
review. As provided for by this
regulation, the Decision will constitute
the final action of the Commission 25
days after the date of the Decision
unless the Commission, on its own
motion, institutes a review of the
Decision within that time.
Dated at Rockville, Maryland, this 2nd day
of June 2011.
For the Nuclear Regulatory Commission.
Scott W. Moore,
Acting Director, Office of Federal and State
Materials and Environmental Management
Programs.
[FR Doc. 2011–14424 Filed 6–9–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0107; Docket Nos. 50–325 and
50–324]
Carolina Power & Light Company,
Brunswick Steam Electric Plant Units 1
and 2; Exemption
1.0
Background
Carolina Power & Light Company, et
al. (the licensee), is the holder of
Facility Operating License Nos. DPR–71
and DPR–62, which authorize operation
of the Brunswick Steam Electric Plant
(BSEP), 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,
Commission) now or hereafter in effect.
The facility consists of two boiling
water reactors located in Southport,
North Carolina.
2.0
Request/Action
By letter dated December 16, 2010
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML103630405, as
supplemented by letter dated January
27, 2011 (ADAMS Accession No.
ML110400193), and pursuant to Title 10
of the Code of Federal Regulations (10
CFR) 26.9, ‘‘Specific exemptions,’’ the
licensee 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 BSEP site.
Subsequent letters dated March 7 and
April 13, 2011 (ADAMS Accession Nos.
ML110730275 and ML11110A021,
respectively) provided responses to the
NRC staff’s requests for additional
information (RAIs).
E:\FR\FM\10JNN1.SGM
10JNN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
34106
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices
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 Statement of
Considerations in the 10 CFR Part 26,
‘‘Fitness for Duty Programs’’ Final Rule
published in the Federal Register on
March 31, 2008 (73 FR 16966–17235).
As stated in 10 CFR Part 26, Subpart
I, ‘‘Managing Fatigue,’’ the requirements
in 10 CFR 26.205 apply to individuals
identified in 10 CFR 26.4(a)(1) through
(a)(5). These individuals’ duties are: (1)
Operating or onsite directing of the
operation of structures, systems and
components (SSCs) that a risk-informed
evaluation 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 riskinformed 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.
The regulations in 10 CFR 26.205(c)
require that an individual’s work hours
be scheduled consistent with the
objective of preventing impairment from
fatigue due to the duration, frequency,
or sequencing of successive shifts.
Paragraph 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 specifies the minimum
break times between work periods and
the minimum number of days off that
should be provided by a licensee to the
identified individuals.
Paragraph 10 CFR 26.205(b) provides
the requirement and method to calculate
work hours and days worked. Paragraph
10 CFR 26.205(b)(3) provides the
requirement to include in the
‘‘calculation period’’ all work hours
performed for the licensee prior to
beginning or resuming duties subject to
work hour controls.
Paragraph 10 CFR 26.207(d) provides
an allowance for licensees 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 licensee in its letter dated
December 16, 2010, states that the
VerDate Mar<15>2010
14:33 Jun 09, 2011
Jkt 223001
requested exemption applies to
individuals who perform duties
identified in 10 CFR 26.4(a)(1) through
(a)(5) who are designated by BSEP as
‘‘covered workers.’’ The requested
exemption is to support effective
response to severe weather conditions
when travel to and from the BSEP site
may not be safe or even possible. During
these times, the licensee sequesters
sufficient individuals, including
covered workers, to perform work as a
member of the storm crew. The licensee
staffs those who will be sequestered
onsite during the severe wind event to
perform two 12-hour shifts. The licensee
states that the storm crews are
augmented by the emergency response
organization (ERO) personnel based on
the severity category of the storm.
Therefore, the exemption request would
also apply to members of the ERO who
are subject to work hour controls and
who will also be sequestered on site
during the severe weather conditions.
The exemption request specifies that the
exemption is not for discretionary
maintenance activities.
The licensee requested an exemption
from the requirements of 10 CFR
26.206(c) and (d) during the period of
time defined by the following entry and
exit conditions.
Entry Condition: This is the start time
when individuals designated to the
storm crew performing duties identified
in 10 CFR 26.4(a)(1) through (a)(5) will
not have to meet the requirements of 10
CFR 26.205(c) and (d). This occurs
when the site enters procedure 0AI–68,
‘‘Brunswick Nuclear Plant Response to
Severe Weather Warnings,’’ and senior
plant management determines that
travel conditions to the site will
potentially become hazardous such that
storm crew staffing will be required
based on verifiable weather conditions.
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 hurricaneforce impact.
Exit Condition: This is the time when
BSEP personnel must fully comply with
the requirements of 10 CFR 26.205(c)
and (d) following severe weather
involving tropical storm or hurricane
force winds. This date and time will be
determined by senior plant management
and will be when sufficient personnel
are available to meet the requirements of
10 CFR 26.205(c) and (d).
The licensee added that upon exiting
the exemption the work hour controls
will be applied and that the affected
individuals will be provided a
minimum of a 10-hour break prior to the
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
start of the first shift following exiting
the exemption.
The licensee states that there is no
need for an exemption for BSEP covered
workers during the period of declared
emergency when the sustained wind
speed is greater than 100 miles per hour
(mph), since, in accordance with 10 CFR
26.207(d), licensees are not required to
meet the requirements of 10 CFR
26.205(c) and (d) during a declared
emergency. The licensee indicated that
the exemption will be applied during
the period defined by the entry and exit
conditions, regardless of whether BSEP
enters the period of declared emergency.
As a result, there will be only one set
of entry and exit conditions.
In its letter dated December 16, 2010,
the licensee committed to maintain the
following guidance in a site procedure:
• The entry conditions necessary to
sequester site personnel that are
consistent with the conditions specified
in the BSEP 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, consistent with
conditions specified in the exemption
request.
3.0
Discussion
Pursuant to 10 CFR 26.9, the
Commission may, upon application of
an interested person or on its own
initiative, grant exemptions from the
requirements of 10 CFR part 26 when it
determines the exemptions 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
The exemption being requested for
BSEP would allow the site to sequester
specific individuals on site and to not
meet the work hour scheduling and
control requirements of 10 CFR
26.205(c) and (d) prior and subsequent
to severe weather conditions such as
tropical storms and hurricanes. As
stated above, 10 CFR 26.9 allows the
NRC to grant exemptions from the
requirements of 10 CFR part 26. 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,
and is authorized by the Commission’s
regulations. Therefore, the exemption is
authorized by law.
E:\FR\FM\10JNN1.SGM
10JNN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices
Will Not Endanger Life or Property or
the Common Defense and Security
The fatigue management provisions
found in 10 CFR Part 26, Subpart I are
designed as an integrated approach to
managing both cumulative and acute
fatigue by the licensees and individuals
employed at licensed facilities. It is the
responsibility of the licensees to provide
training to individuals regarding fatigue
management. It is also the responsibility
of the licensee to provide covered
workers with work schedules that are
consistent with the objective of
preventing impairment from fatigue due
to duration, frequency or sequencing of
successive shifts. Individuals are
required to remain fit for duty while at
work.
BSEP Units 1 and 2 are located in
southeastern North Carolina, at the
mouth of the Cape Fear River. As such,
the site can be impacted by tropical
storms and hurricane force winds,
typically from June to November. The
proposed exemption would support
effective response to severe weather
conditions when travel to and from the
BSEP site may not be safe or even
possible. During these times BSEP plans
to sequester sufficient individuals to
staff two 12-hour shifts to maintain the
safe and secure operation of the facility.
As a tropical storm or hurricane
approaches landfall, high wind speeds
in excess of wind speeds that create
unsafe travel conditions may occur. The
National Hurricane Center defines
hurricane-force winds as sustained
winds of 74 mph or higher. Severe wind
preparedness activities become difficult
once winds reach tropical storm force;
a tropical storm warning is issued 36
hours in advance of the anticipated
onset of tropical storm-force winds (39
to 73 mph). 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 hurricaneforce winds. The NRC staff finds the
BSEP proceduralized severe weather
actions are consistent with the lessons
learned.
The entry condition for the exemption
can occur, even though the wind speed
necessary for the declaration of an
unusual event (defined in the licensee’s
emergency response plan as when
sustained wind speed is greater than
100 mph) is not reached. This
circumstance may still require
sequestering a storm crew and a
recovery period. Also, high winds that
make travel unsafe but that fall below
VerDate Mar<15>2010
14:33 Jun 09, 2011
Jkt 223001
the threshold of a declared emergency,
could be present for several days. After
the high wind condition has passed,
with or without a declared emergency,
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 10 CFR 26.207(d).
The exemption allows the licensee to
sequester individuals, who are needed
to maintain the safe operation of the
facility during storm conditions, to staff
two 12-hour shifts of workers consisting
of personnel from operations,
maintenance, health physics, chemistry
and security and augmented by ERO
individuals. Sequestered individuals
will be allowed a 12-hour break between
successive work periods and no worker
will be scheduled to work more than 12
consecutive hours. The BSEP site
procedure 0AI–68 provides for the
establishment of sleeping areas (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. However, the
accommodations and potentially
stressful circumstances may not be as
restful as individuals would otherwise
desire. Under the circumstances, these
actions are consistent with the
acceptable practice of fatigue
management.
The exemption allows the licensee to
provide for the use of whatever plant
staff and resources are necessary to
respond to a plant emergency and
ensure that the BSEP units achieve and
maintain a safe and secure status and
can be safely restarted. The exemption
also allows maintenance activities for
structures, systems and components that
are significant to public health and
safety to be performed, if required.
However, the exemption does not apply
to discretionary maintenance activities.
The NRC staff finds the exclusion of
discretionary maintenance from the
exemption consistent with the intent of
the exemption, since it supports the use
of necessary plant staff resources to
respond to a plant emergency.
Following the severe weather event,
BSEP will return to work hour controls
when senior plant management
determines that sufficient personnel are
available to return to the site to make
the reinstitution of work hour controls
possible. When this determination is
made, full compliance with 10 CFR
26.205(c) and (d) is again required.
When the exemption period(s) ends,
the licensee is immediately subject to
the scheduling requirements of 10 CFR
26.205(c) and the work hour/rest break/
days off requirements of 10 CFR
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
34107
26.205(d), and must ensure that any
individual performing covered work
complies with these requirements.
Paragraph 10 CFR 26.205(b)(3) requires
the licensee to ‘‘look back’’ over the
calculation period and count the hours
the individual has worked and the rest
breaks and days off he/she has had,
including those that occurred during the
licensee-declared emergency. Hours
worked must be below the maximum
limits and rest breaks must be above the
minimum requirements in order for the
licensee to allow the individual to
perform covered work. Days off and
hours and shifts worked during the
licensee-declared emergency and the
exempted period before and after the
declared emergency, would be counted
as usual in the establishment of the
applicable shift schedule and
compliance with the minimum number
of days off requirements.
Granting this exemption is consistent
with the intent of 10 CFR 26.207(d) that
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 Final Rule (73
FR 17148) states, ‘‘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 10
CFR 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,
‘‘Effect of Hurricane Andrew on the
Turkey Point Nuclear Generating
Station from August 20–30, 1992.’’
Consistent with NUERG–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 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
E:\FR\FM\10JNN1.SGM
10JNN1
34108
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices
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. Further,
the exemption supports sequestering
enough essential security personnel to
provide for shift relief, which is
necessary to ensure adequate protection
of the plant and personnel safety.
Therefore, the exemption will not
endanger life or property or the common
defense and security.
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 in
the public interest.
4.0
Conclusion
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Accordingly, the Commission has
determined that, pursuant to 10 CFR
26.9, the exemption is authorized by
law, will not endanger life or property
or the common defense and security,
and is otherwise in the public interest.
Therefore, the Commission hereby
grants Carolina Power & Light Company
an exemption from the requirements of
10 CFR 26.205(c) and (d) for BSEP,
Units 1 and 2 during periods of severe
weather conditions such as tropical
storm and hurricane force winds at the
site.
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 (76 FR 28481).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 2nd day
of June 2011.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–14425 Filed 6–9–11; 8:45 am]
BILLING CODE 7590–01–P
VerDate Mar<15>2010
14:33 Jun 09, 2011
Jkt 223001
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review:
Representative Payee Survey (RI 38–
115)
U.S. Office of Personnel
Management.
ACTION: 30-Day Notice and request for
comments.
AGENCY:
The Retirement Services,
Office of Personnel Management (OPM)
offers the general public and other
federal agencies the opportunity to
comment on an existing information
collection request (ICR) 3206–0208,
Representative Payee Survey. As
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is
soliciting comments for this collection.
The information collection was
previously published in the Federal
Register on March 21, 2011 at Volume
76 FR 15350 allowing for a 60-day
public comment period. No comments
were received for this information
collection. The purpose of this notice is
to allow an additional 30 days for public
comments. The Office of Management
and Budget is particularly interested in
comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of functions
of the agency, including whether the
information will have practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. 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,
e.g., permitting electronic submissions
of responses.
DATES: Comments are encouraged and
will be accepted until July 11, 2011.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
SUMMARY:
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
Management or sent via electronic mail
to oira_submission@omb.eop.gov or
faxed to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Officer for the
Office of Personnel Management or sent
via electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–6974.
SUPPLEMENTARY INFORMATION: The
Representative Payee Survey is used to
collect information about how the
benefits paid to a representative payee
have been used or conserved for the
benefit of the incompetent annuitant.
Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
Title: Representative Payee Survey.
OMB Number: 3206–0208.
Frequency: Annually.
Affected Public: Individuals or
Households.
Number of Respondents: 11,000.
Estimated Time per Respondent: 20
minutes.
Total Burden Hours: 3,667.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2011–14456 Filed 6–9–11; 8:45 am]
BILLING CODE 6325–38–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Alternative
Annuity Election (RI 20–80)
U.S. Office of Personnel
Management.
ACTION: 60-Day Notice and request for
comments.
AGENCY:
The Retirement Services,
Office of Personnel Management (OPM)
offers the general public and other
federal agencies the opportunity to
comment on a revised information
collection request (ICR) 3206–0168,
Alternative Annuity Election. As
required by the Paperwork Reduction
Act of 1995, (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is
soliciting comments for this collection.
The Office of Management and Budget
is particularly interested in comments
that:
SUMMARY:
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34105-34108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14425]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0107; Docket Nos. 50-325 and 50-324]
Carolina Power & Light Company, Brunswick Steam Electric Plant
Units 1 and 2; Exemption
1.0 Background
Carolina Power & Light Company, et al. (the licensee), is the
holder of Facility Operating License Nos. DPR-71 and DPR-62, which
authorize operation of the Brunswick Steam Electric Plant (BSEP), 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, Commission) now or hereafter
in effect.
The facility consists of two boiling water reactors located in
Southport, North Carolina.
2.0 Request/Action
By letter dated December 16, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML103630405, as supplemented by
letter dated January 27, 2011 (ADAMS Accession No. ML110400193), and
pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 26.9,
``Specific exemptions,'' the licensee 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 BSEP
site. Subsequent letters dated March 7 and April 13, 2011 (ADAMS
Accession Nos. ML110730275 and ML11110A021, respectively) provided
responses to the NRC staff's requests for additional information
(RAIs).
[[Page 34106]]
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
Statement of Considerations in the 10 CFR Part 26, ``Fitness for Duty
Programs'' Final Rule published in the Federal Register on March 31,
2008 (73 FR 16966-17235).
As stated in 10 CFR Part 26, Subpart I, ``Managing Fatigue,'' the
requirements in 10 CFR 26.205 apply to individuals identified in 10 CFR
26.4(a)(1) through (a)(5). These individuals' duties are: (1) Operating
or onsite directing of the operation of structures, systems and
components (SSCs) that a risk-informed evaluation 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.
The regulations in 10 CFR 26.205(c) require that an individual's
work hours be scheduled consistent with the objective of preventing
impairment from fatigue due to the duration, frequency, or sequencing
of successive shifts.
Paragraph 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 specifies the minimum break times
between work periods and the minimum number of days off that should be
provided by a licensee to the identified individuals.
Paragraph 10 CFR 26.205(b) provides the requirement and method to
calculate work hours and days worked. Paragraph 10 CFR 26.205(b)(3)
provides the requirement to include in the ``calculation period'' all
work hours performed for the licensee prior to beginning or resuming
duties subject to work hour controls.
Paragraph 10 CFR 26.207(d) provides an allowance for licensees 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 licensee in its letter dated December 16, 2010, states that the
requested exemption applies to individuals who perform duties
identified in 10 CFR 26.4(a)(1) through (a)(5) who are designated by
BSEP as ``covered workers.'' The requested exemption is to support
effective response to severe weather conditions when travel to and from
the BSEP site may not be safe or even possible. During these times, the
licensee sequesters sufficient individuals, including covered workers,
to perform work as a member of the storm crew. The licensee staffs
those who will be sequestered onsite during the severe wind event to
perform two 12-hour shifts. The licensee states that the storm crews
are augmented by the emergency response organization (ERO) personnel
based on the severity category of the storm. Therefore, the exemption
request would also apply to members of the ERO who are subject to work
hour controls and who will also be sequestered on site during the
severe weather conditions. The exemption request specifies that the
exemption is not for discretionary maintenance activities.
The licensee requested an exemption from the requirements of 10 CFR
26.206(c) and (d) during the period of time defined by the following
entry and exit conditions.
Entry Condition: This is the start time when individuals designated
to the storm crew performing duties identified in 10 CFR 26.4(a)(1)
through (a)(5) will not have to meet the requirements of 10 CFR
26.205(c) and (d). This occurs when the site enters procedure 0AI-68,
``Brunswick Nuclear Plant Response to Severe Weather Warnings,'' and
senior plant management determines that travel conditions to the site
will potentially become hazardous such that storm crew staffing will be
required based on verifiable weather conditions. 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.
Exit Condition: This is the time when BSEP personnel must fully
comply with the requirements of 10 CFR 26.205(c) and (d) following
severe weather involving tropical storm or hurricane force winds. This
date and time will be determined by senior plant management and will be
when sufficient personnel are available to meet the requirements of 10
CFR 26.205(c) and (d).
The licensee added that upon exiting the exemption the work hour
controls will be applied and that the affected individuals will be
provided a minimum of a 10-hour break prior to the start of the first
shift following exiting the exemption.
The licensee states that there is no need for an exemption for BSEP
covered workers during the period of declared emergency when the
sustained wind speed is greater than 100 miles per hour (mph), since,
in accordance with 10 CFR 26.207(d), licensees are not required to meet
the requirements of 10 CFR 26.205(c) and (d) during a declared
emergency. The licensee indicated that the exemption will be applied
during the period defined by the entry and exit conditions, regardless
of whether BSEP enters the period of declared emergency. As a result,
there will be only one set of entry and exit conditions.
In its letter dated December 16, 2010, the licensee committed to
maintain the following guidance in a site procedure:
The entry conditions necessary to sequester site personnel
that are consistent with the conditions specified in the BSEP 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, consistent
with conditions specified in the exemption request.
3.0 Discussion
Pursuant to 10 CFR 26.9, the Commission may, upon application of an
interested person or on its own initiative, grant exemptions from the
requirements of 10 CFR part 26 when it determines the exemptions 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
The exemption being requested for BSEP would allow the site to
sequester specific individuals on site and to not meet the work hour
scheduling and control requirements of 10 CFR 26.205(c) and (d) prior
and subsequent to severe weather conditions such as tropical storms and
hurricanes. As stated above, 10 CFR 26.9 allows the NRC to grant
exemptions from the requirements of 10 CFR part 26. 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, and
is authorized by the Commission's regulations. Therefore, the exemption
is authorized by law.
[[Page 34107]]
Will Not Endanger Life or Property or the Common Defense and Security
The fatigue management provisions found in 10 CFR Part 26, Subpart
I are designed as an integrated approach to managing both cumulative
and acute fatigue by the licensees and individuals employed at licensed
facilities. It is the responsibility of the licensees to provide
training to individuals regarding fatigue management. It is also the
responsibility of the licensee to provide covered workers with work
schedules that are consistent with the objective of preventing
impairment from fatigue due to duration, frequency or sequencing of
successive shifts. Individuals are required to remain fit for duty
while at work.
BSEP Units 1 and 2 are located in southeastern North Carolina, at
the mouth of the Cape Fear River. As such, the site can be impacted by
tropical storms and hurricane force winds, typically from June to
November. The proposed exemption would support effective response to
severe weather conditions when travel to and from the BSEP site may not
be safe or even possible. During these times BSEP plans to sequester
sufficient individuals to staff two 12-hour shifts to maintain the safe
and secure operation of the facility.
As a tropical storm or hurricane approaches landfall, high wind
speeds in excess of wind speeds that create unsafe travel conditions
may occur. The National Hurricane Center defines hurricane-force winds
as sustained winds of 74 mph or higher. Severe wind preparedness
activities become difficult once winds reach tropical storm force; a
tropical storm warning is issued 36 hours in advance of the anticipated
onset of tropical storm-force winds (39 to 73 mph). 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 finds the BSEP proceduralized severe weather actions are
consistent with the lessons learned.
The entry condition for the exemption can occur, even though the
wind speed necessary for the declaration of an unusual event (defined
in the licensee's emergency response plan as when sustained wind speed
is greater than 100 mph) is not reached. This circumstance may still
require sequestering a storm crew and a recovery period. Also, high
winds that make travel unsafe but that fall below the threshold of a
declared emergency, could be present for several days. After the high
wind condition has passed, with or without a declared emergency,
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 10 CFR 26.207(d).
The exemption allows the licensee to sequester individuals, who are
needed to maintain the safe operation of the facility during storm
conditions, to staff two 12-hour shifts of workers consisting of
personnel from operations, maintenance, health physics, chemistry and
security and augmented by ERO individuals. Sequestered individuals will
be allowed a 12-hour break between successive work periods and no
worker will be scheduled to work more than 12 consecutive hours. The
BSEP site procedure 0AI-68 provides for the establishment of sleeping
areas (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. However, the
accommodations and potentially stressful circumstances may not be as
restful as individuals would otherwise desire. Under the circumstances,
these actions are consistent with the acceptable practice of fatigue
management.
The exemption allows the licensee to provide for the use of
whatever plant staff and resources are necessary to respond to a plant
emergency and ensure that the BSEP units achieve and maintain a safe
and secure status and can be safely restarted. The exemption also
allows maintenance activities for structures, systems and components
that are significant to public health and safety to be performed, if
required. However, the exemption does not apply to discretionary
maintenance activities. The NRC staff finds the exclusion of
discretionary maintenance from the exemption consistent with the intent
of the exemption, since it supports the use of necessary plant staff
resources to respond to a plant emergency.
Following the severe weather event, BSEP will return to work hour
controls when senior plant management determines that sufficient
personnel are available to return to the site to make the reinstitution
of work hour controls possible. When this determination is made, full
compliance with 10 CFR 26.205(c) and (d) is again required.
When the exemption period(s) ends, the licensee is immediately
subject to the scheduling requirements of 10 CFR 26.205(c) and the work
hour/rest break/days off requirements of 10 CFR 26.205(d), and must
ensure that any individual performing covered work complies with these
requirements. Paragraph 10 CFR 26.205(b)(3) requires the licensee to
``look back'' over the calculation period and count the hours the
individual has worked and the rest breaks and days off he/she has had,
including those that occurred during the licensee-declared emergency.
Hours worked must be below the maximum limits and rest breaks must be
above the minimum requirements in order for the licensee to allow the
individual to perform covered work. Days off and hours and shifts
worked during the licensee-declared emergency and the exempted period
before and after the declared emergency, would be counted as usual in
the establishment of the applicable shift schedule and compliance with
the minimum number of days off requirements.
Granting this exemption is consistent with the intent of 10 CFR
26.207(d) that 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 Final Rule (73 FR 17148)
states, ``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 10 CFR 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, ``Effect of Hurricane Andrew on the Turkey Point Nuclear
Generating Station from August 20-30, 1992.'' Consistent with NUERG-
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 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
[[Page 34108]]
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. Further, the exemption supports
sequestering enough essential security personnel to provide for shift
relief, which is necessary to ensure adequate protection of the plant
and personnel safety. Therefore, the exemption will not endanger life
or property or the common defense and security.
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 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, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants Carolina Power
& Light Company an exemption from the requirements of 10 CFR 26.205(c)
and (d) for BSEP, Units 1 and 2 during periods of severe weather
conditions such as tropical storm and hurricane force winds at the
site.
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 (76 FR 28481).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 2nd day of June 2011.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2011-14425 Filed 6-9-11; 8:45 am]
BILLING CODE 7590-01-P
