Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Exemption, 47121-47123 [2012-19268]

Download as PDF Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Notices pursuant to Section 801(b)(3)(C) of the Copyright Act. Under that section of the Copyright Act, before ruling on a partial distribution motion the Judges must publish a notice in the Federal Register seeking responses to the motion to ascertain whether any claimant entitled to receive such royalty fees has a reasonable objection to the proposed distribution. Consequently, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 98% of the 2011 DART Sound Recordings Royalty funds (Featured Recording Artists Subfund and Copyright Owners Subfund) to the Settling Claimants. The Judges must be advised of the existence and extent of all such objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of that period. The Notice and Request is posted on the Copyright Royalty Board Web site at https://www.loc.gov/crb. Dated: August 1, 2012. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of a permit modification issued under the Antarctic Conservation of 1978, Public Law 95–541. AGENCY: ACTION: The National Science Foundation (NSF) is required to publish notice of permit modifications issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On June 21, 2012, the National Science Foundation published a notice in the Federal Register of a permit modification request received. The permit modification was issued on August 1, 2012 to: David Ainley—Permit No. 2011–002 Mod. #2. SUMMARY: Nadene G. Kennedy, Permit Officer. [FR Doc. 2012–19155 Filed 8–6–12; 8:45 am] [FR Doc. 2012–19259 Filed 8–6–12; 8:45 am] BILLING CODE 1410–72–P BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION NUCLEAR REGULATORY COMMISSION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 [Docket Nos. 50–317 and 50–318; NRC– 2012–0183] National Science Foundation. Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95–541. Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Exemption AGENCY: ACTION: The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On June 29, 2012, the National Science Foundation published a notice in the Federal Register of a permit application received. The permit was issued on August 1, 2012 to: Diane H. Tuft—Permit No. 2013–010 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: Nadene G. Kennedy, Permit Officer. [FR Doc. 2012–19258 Filed 8–6–12; 8:45 am] BILLING CODE 7555–01–P VerDate Mar<15>2010 16:52 Aug 06, 2012 Jkt 226001 1.0 Background Calvert Cliffs Nuclear Power Plant, LLC (the licensee) is the holder of Renewed Facility Operating License Nos. DPR–53 and DPR–69, which authorizes operation of the Calvert Cliffs Nuclear Power Plant, Units 1 and 2 (Calvert Cliffs). 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 or the Commission) now or hereafter in effect. The facility consists of two pressurized-water reactors (PWRs) located in Calvert County, Maryland. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR) Part 26, Subpart I requires licensees to establish a policy for the management of fatigue for all individuals who are subject to the PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 47121 licensee’s fitness for duty program. 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 clarifications, additions and exceptions. NRC staff has endorsed this guidance for use during a plant emergency. 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). All time worked during the emergency must be tracked to help ensure that individuals are not fatigued on the first day of reinstated work hour controls per 10 CFR 26.205(b)(3). On June 2, 2010, during a lessons learned public meeting regarding Part 26 Subpart I exemption request submissions, work hour controls during periods of severe winds such as a tropical storm or hurricane, the NRC staff indicated 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. Section 26.205(b) contains the requirement to count work hours and days worked; and (b)(2) was reviewed to understand if the licensee had provided a reasonable opportunity and accommodations for restorative sleep. Calvert Cliffs is located along the western shore of the Chesapeake Bay and can be impacted by tropical storms and hurricanes during the hurricane season and severe winter precipitation conditions during January and February. By letter dated July 21, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11203A513), as supplemented by letter dated March 1, 2012 (ADAMS Accession No. ML12065A182) and electronic mail dated July 10, 2012 (ADAMS Accession No. ML12193A488), the licensee requested an exemption from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour rule controls during declarations of severe weather conditions involving tropical storm or hurricane force winds or severe winter precipitation. According to the application, adherence to work hour control requirements could impede the ability to respond to an emergency condition at the site when travel to and from the site may be impeded. Specifically, the exemption would allow Calvert Cliffs to sequester sufficient individuals to staff two 12-hour shifts to maintain safe and secure operation during severe weather conditions. E:\FR\FM\07AUN1.SGM 07AUN1 47122 3.0 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Notices Discussion Pursuant to 10 CFR 26.9, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 26 when 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. mstockstill on DSK4VPTVN1PROD with NOTICES 3.1 Exemption From Sections 26.205(c) and (d) 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 entry condition for the Calvert Cliffs declaration of an Unusual Event is a sustained wind speed greater than 75 miles per hour (mph). The criteria for sequestering essential personnel include travel conditions forecasted to be hazardous for employee commutes to and from the site such as sustained wind speeds greater than 40 mph as determined by the National Weather Service. Therefore, the exemption request covers a period which precedes the declared emergency, as individuals need to be sequestered before the severe weather conditions. Similarly, the entry conditions for severe winter weather are based on forecasts issued by the National Weather Service. The entry conditions include the issuance of a winter storm watch, a blizzard warning or an ice storm warning by the National Weather Service. A winter storm watch is issued by the National Weather Service when there is a potential for heavy snow or significant ice accumulations, usually 24 to 36 hours in advance. A winter storm warning is issued by the National Weather Service when a winter storm is producing or is forecasted to produce heavy snow or significant ice accumulations. Blizzard warnings are issued for winter storms with sustained or frequent winds of 35 mph or higher with considerable falling and/or blowing snow that frequently reduces visibility to 1⁄4 mile or less. An example of the severity of a winter storm that would likely rise to the level of a winter storm warning or watch for the area surrounding Calvert Cliffs is one that is expected to produce an accumulation of 12 inches or more of snow. 3.2 Recovery Exemption Immediately Following a Severe Weather Exemption The period immediately following the severe weather conditions may require a recovery period. Also, high winds and inadequate road conditions that make VerDate Mar<15>2010 16:52 Aug 06, 2012 Jkt 226001 travel unsafe, but fall below the threshold of an emergency, could be present for several days. After the severe weather 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). 3.3 Fatigue Management Calvert Cliffs plans to establish a 12hour duty schedule comprised of a day shift and a night shift. When personnel are to be sequestered on site, Calvert Cliffs provides arrangements for onsite reliefs and bunking in order to allow for a sufficient period of restorative sleep for personnel. The relief and bunking areas will be developed prior to sequestering personnel. The NRC staff finds the actions presented are consistent with the practice of fatigue management. 3.4 Maintenance The exemption request stated that it would only apply to individuals involved in severe weather response activities that perform duties identified in 10 CFR 26.4(a)(1) through (5). The exemption does not apply to discretionary maintenance activities. 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 Calvert Cliffs achieves and maintains a safe and secure status and can be safely restarted. Suspension of work hour controls is for site preparation activities and those deemed critical for plant and public safety only. This does not include activities required to actually restart the units following any severe weather condition. 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. 3.7 Will Not Endanger Life or Property Section 26.207 provides an exception to the requirements of 10 CFR 26.205(c) and (d) during declared emergencies as defined in the licensee’s Emergency Response Plan. The proposed exemption expands that allowance for severe weather conditions involving tropical storm or hurricane force winds or severe winter precipitation that may or may not result in the declaration of an emergency. Such an allowance supports sequestering enough required personnel to provide for shift relief, which is necessary to provide a safe and secure status of the units and ensure adequate protection of the health and safety of plant personnel and the public. Therefore, granting this exemption will not endanger life or property. 3.8 Will Not Endanger the Common Defense and Security The proposed exemption would allow Calvert Cliffs to sequester sufficient individuals to staff two 12-hour shifts to maintain safe and secure operation during severe weather conditions. This change to the operation of the plant has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption. 3.5 Returning to Work Hour Controls Calvert Cliffs must return to work hour controls when the plant management determines that adequate personnel are available, and both onsite and relief crews have had sufficient time off before resuming their normal work duties. Upon exiting the exemption, the work hour controls in Section 26.205(c) and (d) apply, and the requirements in Section 26.205(3)(b) must be met. 3.9 In the Public Interest The proposed exemption expands an exception already provided in 10 CFR 26.207, which allows the requirements of 10 CFR 26.205(c) and (d) to not be met during declared emergencies as defined in the licensee’s Emergency Response Plan. The exemption is needed for a unique set of circumstances to (1) ensure that the control of work hours and management of worker fatigue does not impede the ability to use available staff resources to respond to severe weather threat and (2) ensure that the plant maintains a safe and secure status. Therefore, the public interest is served by this focus on nuclear safety and security. 3.6 Authorized by Law This exemption would allow Calvert Cliffs to sequester sufficient individuals to staff two 12-hour shifts to maintain safe and secure operation during severe weather conditions. 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 4.0 Environmental Consideration The exemption would authorize exemption from the requirements of 10 CFR 26.205(c) and (d) to allow Calvert Cliffs to sequester sufficient individuals to staff two 12-hour shifts to maintain safe and secure operation during severe weather conditions. Using the standard set forth in 10 CFR 50.92 for PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Notices amendments to operating licenses, the NRC staff determined that the subject exemption sought involves employment suitability requirements. The NRC has determined that this exemption involves no significant hazards considerations: (1) The proposed exemption is administrative in nature and is limited to allowing a temporary exception from meeting the requirements of 10 CFR 26.205(c) and (d) during severe weather to ensure that work hour controls do not impede the ability to use available staff resources to respond to a severe weather event. The proposed exemption does not make any physical changes to the facility and does not alter the design, function or operation of any plant equipment. Therefore, issuance of this exemption does not significantly increase the probability or consequences of an accident previously evaluated. (2) The proposed exemption does not make any changes to the facility and would not create any new accident initiators. Therefore, this exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated. (3) The proposed exemption does not alter the design, function or operation of any plant equipment. Therefore, this exemption does not involve a significant reduction in the margin of safety. Based on the above, the NRC has concluded that the proposed exemption does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92, and accordingly, a finding of ‘‘no significant hazards consideration’’ is justified. The NRC staff has also determined that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative occupational radiation exposure; that there is no significant construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirement from which the licensee will be exempted involves scheduling requirements. Accordingly, the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment is required to be prepared in connection with the issuance of the exemption. 5.0 Conclusion The Commission has determined that granting these exemptions is consistent with 10 CFR 26.207(d), ‘‘Plant VerDate Mar<15>2010 16:52 Aug 06, 2012 Jkt 226001 Emergencies,’’ which allows the licensee to not meet the requirements of 10 CFR 26.205(c) and (d) during declared emergencies as defined in the licensee’s emergency plan. The 10 CFR Part 26 Statement of Consideration (73 FR 17148; March 31, 2008), 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).’’ 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 the licensee an exemption from the requirements of 10 CFR 26.205(c) and (d) for Calvert Cliffs. 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. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 31st day of July 2012. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2012–19268 Filed 8–6–12; 8:45 am] 47123 hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from July 12, 2012 to July 25, 2012. The last biweekly notice was published on July 24, 2012 (77 FR 43374). ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and are publicly available, by searching on https://www.regulations.gov under Docket ID NRC–2012–0181. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0181. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. SUPPLEMENTARY INFORMATION: BILLING CODE 7590–01–P I. Accessing Information and Submitting Comments NUCLEAR REGULATORY COMMISSION A. Accessing Information Please refer to Docket ID NRC–2012– 0181 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and are publicly available, by any of the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0181. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. Documents may be viewed in ADAMS [NRC–2012–0181] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations Background Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47121-47123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19268]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317 and 50-318; NRC-2012-0183]


Calvert Cliffs Nuclear Power Plant, LLC; Calvert Cliffs Nuclear 
Power Plant, Units 1 and 2; Exemption

1.0 Background

    Calvert Cliffs Nuclear Power Plant, LLC (the licensee) is the 
holder of Renewed Facility Operating License Nos. DPR-53 and DPR-69, 
which authorizes operation of the Calvert Cliffs Nuclear Power Plant, 
Units 1 and 2 (Calvert Cliffs). 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 or the 
Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors (PWRs) 
located in Calvert County, Maryland.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 26, 
Subpart I requires licensees to establish a policy for the management 
of fatigue for all individuals who are subject to the licensee's 
fitness for duty program. 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 clarifications, additions and 
exceptions. NRC staff has endorsed this guidance for use during a plant 
emergency. 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). All 
time worked during the emergency must be tracked to help ensure that 
individuals are not fatigued on the first day of reinstated work hour 
controls per 10 CFR 26.205(b)(3). On June 2, 2010, during a lessons 
learned public meeting regarding Part 26 Subpart I exemption request 
submissions, work hour controls during periods of severe winds such as 
a tropical storm or hurricane, the NRC staff indicated 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.
    Section 26.205(b) contains the requirement to count work hours and 
days worked; and (b)(2) was reviewed to understand if the licensee had 
provided a reasonable opportunity and accommodations for restorative 
sleep.
    Calvert Cliffs is located along the western shore of the Chesapeake 
Bay and can be impacted by tropical storms and hurricanes during the 
hurricane season and severe winter precipitation conditions during 
January and February. By letter dated July 21, 2011 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML11203A513), as supplemented by letter dated March 1, 2012 (ADAMS 
Accession No. ML12065A182) and electronic mail dated July 10, 2012 
(ADAMS Accession No. ML12193A488), the licensee requested an exemption 
from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour 
rule controls during declarations of severe weather conditions 
involving tropical storm or hurricane force winds or severe winter 
precipitation. According to the application, adherence to work hour 
control requirements could impede the ability to respond to an 
emergency condition at the site when travel to and from the site may be 
impeded. Specifically, the exemption would allow Calvert Cliffs to 
sequester sufficient individuals to staff two 12-hour shifts to 
maintain safe and secure operation during severe weather conditions.

[[Page 47122]]

3.0 Discussion

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

3.1 Exemption From Sections 26.205(c) and (d)

    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 entry condition for 
the Calvert Cliffs declaration of an Unusual Event is a sustained wind 
speed greater than 75 miles per hour (mph). The criteria for 
sequestering essential personnel include travel conditions forecasted 
to be hazardous for employee commutes to and from the site such as 
sustained wind speeds greater than 40 mph as determined by the National 
Weather Service. Therefore, the exemption request covers a period which 
precedes the declared emergency, as individuals need to be sequestered 
before the severe weather conditions. Similarly, the entry conditions 
for severe winter weather are based on forecasts issued by the National 
Weather Service. The entry conditions include the issuance of a winter 
storm watch, a blizzard warning or an ice storm warning by the National 
Weather Service. A winter storm watch is issued by the National Weather 
Service when there is a potential for heavy snow or significant ice 
accumulations, usually 24 to 36 hours in advance. A winter storm 
warning is issued by the National Weather Service when a winter storm 
is producing or is forecasted to produce heavy snow or significant ice 
accumulations. Blizzard warnings are issued for winter storms with 
sustained or frequent winds of 35 mph or higher with considerable 
falling and/or blowing snow that frequently reduces visibility to \1/4\ 
mile or less. An example of the severity of a winter storm that would 
likely rise to the level of a winter storm warning or watch for the 
area surrounding Calvert Cliffs is one that is expected to produce an 
accumulation of 12 inches or more of snow.

3.2 Recovery Exemption Immediately Following a Severe Weather Exemption

    The period immediately following the severe weather conditions may 
require a recovery period. Also, high winds and inadequate road 
conditions that make travel unsafe, but fall below the threshold of an 
emergency, could be present for several days. After the severe weather 
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).

3.3 Fatigue Management

    Calvert Cliffs plans to establish a 12-hour duty schedule comprised 
of a day shift and a night shift. When personnel are to be sequestered 
on site, Calvert Cliffs provides arrangements for onsite reliefs and 
bunking in order to allow for a sufficient period of restorative sleep 
for personnel. The relief and bunking areas will be developed prior to 
sequestering personnel. The NRC staff finds the actions presented are 
consistent with the practice of fatigue management.

3.4 Maintenance

    The exemption request stated that it would only apply to 
individuals involved in severe weather response activities that perform 
duties identified in 10 CFR 26.4(a)(1) through (5). The exemption does 
not apply to discretionary maintenance activities. 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 
Calvert Cliffs achieves and maintains a safe and secure status and can 
be safely restarted. Suspension of work hour controls is for site 
preparation activities and those deemed critical for plant and public 
safety only. This does not include activities required to actually 
restart the units following any severe weather condition.

3.5 Returning to Work Hour Controls

    Calvert Cliffs must return to work hour controls when the plant 
management determines that adequate personnel are available, and both 
onsite and relief crews have had sufficient time off before resuming 
their normal work duties. Upon exiting the exemption, the work hour 
controls in Section 26.205(c) and (d) apply, and the requirements in 
Section 26.205(3)(b) must be met.

3.6 Authorized by Law

    This exemption would allow Calvert Cliffs to sequester sufficient 
individuals to staff two 12-hour shifts to maintain safe and secure 
operation during severe weather conditions. 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, or the Commission's regulations. Therefore, 
the exemption is authorized by law.

3.7 Will Not Endanger Life or Property

    Section 26.207 provides an exception to the requirements of 10 CFR 
26.205(c) and (d) during declared emergencies as defined in the 
licensee's Emergency Response Plan. The proposed exemption expands that 
allowance for severe weather conditions involving tropical storm or 
hurricane force winds or severe winter precipitation that may or may 
not result in the declaration of an emergency. Such an allowance 
supports sequestering enough required personnel to provide for shift 
relief, which is necessary to provide a safe and secure status of the 
units and ensure adequate protection of the health and safety of plant 
personnel and the public. Therefore, granting this exemption will not 
endanger life or property.

3.8 Will Not Endanger the Common Defense and Security

    The proposed exemption would allow Calvert Cliffs to sequester 
sufficient individuals to staff two 12-hour shifts to maintain safe and 
secure operation during severe weather conditions. This change to the 
operation of the plant has no relation to security issues. Therefore, 
the common defense and security is not impacted by this exemption.

3.9 In the Public Interest

    The proposed exemption expands an exception already provided in 10 
CFR 26.207, which allows the requirements of 10 CFR 26.205(c) and (d) 
to not be met during declared emergencies as defined in the licensee's 
Emergency Response Plan. The exemption is needed for a unique set of 
circumstances to (1) ensure that the control of work hours and 
management of worker fatigue does not impede the ability to use 
available staff resources to respond to severe weather threat and (2) 
ensure that the plant maintains a safe and secure status. Therefore, 
the public interest is served by this focus on nuclear safety and 
security.

4.0 Environmental Consideration

    The exemption would authorize exemption from the requirements of 10 
CFR 26.205(c) and (d) to allow Calvert Cliffs to sequester sufficient 
individuals to staff two 12-hour shifts to maintain safe and secure 
operation during severe weather conditions. Using the standard set 
forth in 10 CFR 50.92 for

[[Page 47123]]

amendments to operating licenses, the NRC staff determined that the 
subject exemption sought involves employment suitability requirements. 
The NRC has determined that this exemption involves no significant 
hazards considerations:
    (1) The proposed exemption is administrative in nature and is 
limited to allowing a temporary exception from meeting the requirements 
of 10 CFR 26.205(c) and (d) during severe weather to ensure that work 
hour controls do not impede the ability to use available staff 
resources to respond to a severe weather event. The proposed exemption 
does not make any physical changes to the facility and does not alter 
the design, function or operation of any plant equipment. Therefore, 
issuance of this exemption does not significantly increase the 
probability or consequences of an accident previously evaluated.
    (2) The proposed exemption does not make any changes to the 
facility and would not create any new accident initiators. Therefore, 
this exemption does not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    (3) The proposed exemption does not alter the design, function or 
operation of any plant equipment. Therefore, this exemption does not 
involve a significant reduction in the margin of safety.
    Based on the above, the NRC has concluded that the proposed 
exemption does not involve a significant hazards consideration under 
the standards set forth in 10 CFR 50.92, and accordingly, a finding of 
``no significant hazards consideration'' is justified.
    The NRC staff has also determined that the exemption involves no 
significant increase in the amounts, and no significant change in the 
types, of any effluents that may be released offsite; that there is no 
significant increase in individual or cumulative occupational radiation 
exposure; that there is no significant construction impact; and there 
is no significant increase in the potential for or consequences from a 
radiological accident. Furthermore, the requirement from which the 
licensee will be exempted involves scheduling requirements. 
Accordingly, the exemption meets the eligibility criteria for 
categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 
CFR 51.22(b), no environmental impact statement or environmental 
assessment is required to be prepared in connection with the issuance 
of the exemption.

5.0 Conclusion

    The Commission has determined that granting these exemptions 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 10 CFR Part 26 Statement of Consideration (73 FR 17148; March 
31, 2008), 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).''
    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 the licensee 
an exemption from the requirements of 10 CFR 26.205(c) and (d) for 
Calvert Cliffs.
    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.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 31st day of July 2012.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2012-19268 Filed 8-6-12; 8:45 am]
BILLING CODE 7590-01-P
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