AEP-NRC-2009-68, Request for One-Time Schedular Exemption from Requirements of 10 CFR 26.205(d)(4) for Operations and Maintenance Personnel
| ML092680722 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/18/2009 |
| From: | Hruby R Indiana Michigan Power Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| AEP-NRC-2009-68 | |
| Download: ML092680722 (9) | |
Text
Indiana Michigan Power Company IMDIAMA Nuclear Generation Group One Cook Place MICHIGAN Bridgman, MI 49106 PCOWER aep.com September 18, 2009 AEP-NRC-2009-68 10 CFR 26.9 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk 11555 Rockville Pike Rockville,. MD 20852
SUBJECT:
Donald C. Cook Nuclear Plant Unit 1 Docket No. 50-315 Request for One-Time Schedular Exemption from Requirements of 10 CFR 26.205(d)(4) for Operations and Maintenance Personnel
Dear Sir or Madam:
Pursuant to 10 CFR 26.9, Indiana Michigan Power Company (I&M), the licensee for Donald C. Cook Nuclear Plant (CNP) Unit 1, requests a one-time schedular exemption from the provisions of 10 CFR 26.205(d)(4) that allow certain less restrictive working hour limitations during the first 60 days of a unit outage. The proposed exemption would allow the less restrictive working hour limitations during a 60-day period starting on a date established by I&M, consistent with the restart of CNP Unit 1 from its current extended outage. The proposed exemption would apply only to CNP operations and maintenance personnel. The affected personnel in these departments will not have worked excessive overtime during the period preceding the restart.. The requested exemption will provide additional flexibility in accommodating the temporary increase in workload that will result from restart of the unit following the extended outage.
I&M requests approval of the proposed exemption no later than October 23, 2009, to support the planned restart of Unit 1. to this letter provides the details of I&M's evaluation which concludes that the proposed one-time schedular exemption meets the criteria stated in 10 CFR 26.9. Attachment 2 provides information that may be used in an environmental assessment pursuant to 10 CFR 51.30. provides a listing of the regulatory commitment made in this letter.
Should you have any questions, please contact Mr. James M. Petro, Jr., Regulatory Affairs Manager, at (269) 466-2489.
Sincerely, Raymond A. Hruby, Jr.
Vice President - Site Support Services JRW/rdw
U. S. Nuclear Regulatory Commission AEP-NRC-2009-68 Page 2 Attachments:
- 1. Request for One-Time Schedular Exemption from Requirements of 10 CFR 26.205(d)(4).for Operations and Maintenance Personnel.
- 2. Environmental Assessment Information
- 3. Regulatory Commitment c: T. A. Beltz, NRC Washington DC J. T. King, MPSC S. M. Krawec, Ft. Wayne AEP, w/o attachments MDEQ - WHMD/RPS NRC Resident Inspector M. A. Satorius, NRC Region III
Attachment 1 to AEP-NRC-2009-68 REQUEST FOR ONE-TIME SCHEDULAR EXEMPTION FROM REQUIREMENTS OF 10 CFR 26.205(d)(4) FOR OPERATIONS AND MAINTENANCE PERSONNEL BACKGROUND Donald C. Cook Nuclear Plant (CNP) Unit 1 began an extended unscheduled outage on September 20, 2008, as a result of a main turbine failure. The unit has been in Mode 5 since September 22, 2008, while repairs to secondary and electrical generation systems .and components are conducted. The repairs are being performed primarily by contracted.;
supplemental workers.. Since the end of the Unit 2 refueling outage in May 2009, the:worklo'ad .
for CNP operations-and maintenance personnel has consisted primarily of normal activities-"
necessary to maintain Unit 1 in Mode 5, and normal activities necessary to maintain, Unit .2 -
operating in Mode 1, except for a 13-day unscheduled Unit 2.outage that ended in August:2009:. "
Restart of Unit 1 is expected in the fourth quarter, 2009. During the restart period, the workload for CNP operations and maintenance personnel will undergo a temporary but significant increase due to filling, venting, flushing, calibration, and testing evolutions necessitated by the repairs to the secondary and electrical generation systems and components. These evolutions are in addition to normal unit startup activities involving operation and surveillance testing of primary systems and components. The CNP operations and maintenance personnel affected by this increased workload will be subject to the new working hour limitations specified in 10 CFR 26 Subpart I, since these working hour limitations must be implemented by licensees no later than October 1, 2009 (Federal Register Notice 73 FR 16966). As detailed below under "10CFR 26 Requirements," 10CFR26 Subpart I provides less restrictive requirements regarding the minimum number of days off per 15-day period, or per 7-day period, for certain categories of individuals, including operations and maintenance personnel, during the first 60 days of a unit outage. However, since Unit 1 will have been in an outage for over a year prior to the implementation of 10 CFR 26 Subpart I, the scheduling flexibility provided by these less restrictive requirements would not be available -to accommodate the short-term but significant increase in CNP operations and maintenance workload resulting from restart of Unit 1.
10 CFR 26 REQUIREMENTS The 10 CFR 26 requirements involved in the proposed exemption are described below. In some cases, the text from 10 CFR 26 has been paraphrased or editorially enhanced to provide clarity and focus on the requirements of interest.
10 CFR 26.4(a) and 10 CFR 26.201 define the categories of individuals that must be subject to the work hour controls specified in 10 CFR 26.205. These categories include persons performing the following duties:
Operating or onsite directing of the operation of systems and components that a risk-informed evaluation process has shown to be significant to public health and safety (10 CFR 26.4(a)(1));
and to AEP-NRC-2009-68 Page 2 Performing maintenance or onsite directing of the maintenance of structures, systems, and components that a risk-informed evaluation process has shown to be significant to public health and safety (10 CFR 26.4(a)(4)).
10 CFR 26.205(d)(3) requires licensees to ensure that individuals have, at a minimum, the number of days off specified below:
Individuals who are working 12-hour shift schedules while, performing the duties described in
.10.CFR 26-.4(a)(1). shall have at least 2.5 days off per week, averaged over the'shift cycle" (10 CFR:26.205(d)(3)(iii)); "
and Individuals who are working 12-hour shift schedules while performing the duties described in 10 CFR 26&4(a)(4) shall have at least 2 days off-,per *eek, averaged over the shift cycle (10 CFR 26.205(d)(3)(iv)).
10 CFR 26.205(d)(4) provides the following allowance regarding the above described requirements:
During the first 60 days of a unit outage, licensees need not meet the requirements of paragraph 10 CFR 26.205(d)(3) for individuals specified in 10 CFR 26.4(a)(1) through (a)(4),
while those individuals are working on outage activities. However, the licensee shall ensure that the individuals specified in 10 CFR 26.4(a)(1) through (a)(3) have at least 3 days off in each successive (i.e., non-rolling) 15-day period and that the individuals specified in 10 CFR 26.4(a)(4) have at least 1 day off in any 7-day period; 10 CFR 26.9 states that:
Upon application of any interested person or on- its own initiative, the Commission may grant such exemptions from the requirements of the regulations in 10 CFR 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.
REQUESTED EXEMPTION Indiana Michigan Power Company (I&M) requests a one-time schedular exemption such that, for the individuals specified in 10 CFR 26.4(a)(1) and 10 CFR 26.4(a)(4), the 60-day period specified in 10 CFR 26.205(d)(4) may be started on a date established by I&M, consistent. with the restart of CNP Unit 1 from its current extended outage. I&M will notify the Nuclear Regulatory Commission (NRC) Licensing Project Manager of the start date for the 60-day period.
Following implementation of 10 CFR 26 Subpart I on October 1, 2009, I&M will meet all other applicable requirements of the regulation, including the requirement in 10 CFR 26.205(d)(4) that it shall ensure that the individuals specified in 10 CFR 26.4(a)(1) through (a)(3) have at least 3 days off in each successive (i.e., non-rolling) 15-day period and that the individuals specified in 10 CFR 26.4(a)(4) have at least 1 day off in any 7-day period.
to AEP-NRC-2009-68 Page 3 BASIS FOR EXEMPTION I&M considers that the proposed exemption allowing application of the of less restrictive requirements of 10 CFR 26.205(d)(4) to a 60-day period encompassing to the Unit 1 restart will continue to serve the underlying purpose of the rule. The provisions of 10 CFR 26.205(d)(4) allow a 60-day period in which the average-days-off-per-week requirements *of 10 CFR 26.205(d)(3) are replaced by less restrictive requirements. As described in the Federal Register notice publishing the final rule (73 FR 16966), the more restrictive minimum day off requirements*of'-10.CFR26.205(d)(3) address the long-term control of work hours While ..
permitting the occasional use of extended work hours for short duration circumstances such.as equipment failure, personnel illness, or attrition. The requirements in 10 CFR 26.205(d)(4) address the control of work hours for unique plant conditions (i:e:,- unit outages) which require.
extended work hoursifor a more sustained period of.time.. The less.restrictive requirements of,-
10CFR26.205(d)(4) provide licensees flexibility in scheduling required days off while accommodating the more intensive work schedules that accompany a unit outage. By limiting-,'.
the period, in which the less restrictive requirements may be applied, 10 CFR 26.205(d)(4) provides this flexibility while continuing to address the underlying purpose of the regulation, i.e.,
assuring that cumulative fatigue does not compromise the abilities of individuals to safely'and competently perform their duties.
The less restrictive requirements of 10 CFR 26.205(d)(4) would typically be applied following a period of normal plant operation in which the workload and overtime levels are significantly less than those occurring during a unit outage. The Unit 1 restart represents an analogous condition in that, subsequent to a Unit 2 refueling outage which ended May 1, 2009, the workload for CNP operations and maintenance personnel has consisted primarilyof normal activities necessary to maintain Unit 1 in Mode 5, and normal activities necessary to maintain Unit 2 operating in Mode 1, except for a 13-day unscheduled Unit 2 outage that ended in.August 2009. During the period starting with the end of the Unit 2 refueling -outage through September 13, 2009 (including the unscheduled Unit 2 outage period), the average number of overtime hours per week, per person, for individuals covered by 10 CFR 26 Subpart I has been approximately 5.7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> for operations personnel within the 10 CFR 26.4(a)(1) category and approximately 3.9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> for maintenance personnel within the 10 CFR 26.4(a)(4) category.
With respect to individual average overtime levels, a total of 6 of the 171 covered operations individuals and 3 of the 184 covered maintenance individuals had greater than an average of 54 hours6.25e-4 days <br />0.015 hours <br />8.928571e-5 weeks <br />2.0547e-5 months <br /> per week (excluding turnover) during the 5-week period between ,the end of the unscheduled Unit 2 outage and September 13, 2009. Throughout the remainder of the period preceding implementation of 10 CFR 26 Subpart I on October 1, 2009, I&M will manage overtime levels for all 10 CFR 26.4(a)(1) category operations personnel and *10 CFR 26.4(a)(4) category maintenance personnel such that the limits in 10 CFR 26 Subpart I are maintained.
Since these personnel will not have experienced excessive overtime prior to application of the less restrictive requirements of 10 CFR 26.205(d)(4), the underlying purpose of the regulation will continue to be served.
10 CFR 26.9 CRITERIA In accordance with 10 CFR 26.9, the NRC may grant an exemption from the requirements of 10 CFR 26 if the exemption is authorized by law and will not endanger life or property or the to AEP-NRC-2009-68 Page.4 common defense and security, and is otherwise in the public interest. The proposed exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by exemption. The provisions of 10 CFR 26.9 allow the NRC to grant exemptions from the requirements of 10 CFR 26. Therefore, the proposed exemption is authorized by law.
The proposed exemption will continue to serve the underlying purpose of the regulation. The
-underlying purpose 10 CFR 26 Subpart I, as described in 73 FR 16966, is to provide assurance that- cumulative fatigue: does ,not compromise the abilities of individuals to safely and competently perform their duties..*Thefcurrent. regulation allows certain; less.restrictive; working hour limitations for specified individuals, during the:first 60.days of. a unit'outage. The proposed exemption would allowthe less restrictive'working.hourlimitations during a. 60Mday period that Will encompass restart of -CNP Unit !1 from:its-current.:extended outage,'rather than the first 60 days of the outage.. The proposed exemption is requested to provide flexibility in scheduling required days off while accommodating the more intensive work schedules that will result from restart of CNP Unit 1 following an extended outage. The exemption will apply only to CNP operations and maintenance personnel covered. by 10 CFR 26 Subpart I. These personnel will not have worked excessive, overtime during the period preceding the application of the less:
restrictive working hour limitations. Consequently, assurance will be provided that cumulative fatigue will not compromise the abilities of these individuals to safely and competently perform their duties. Therefore, the proposed exemption will not endanger life or property or the common defense and security, and is otherwise in the public interest.
Attachment 2 to AEP-NRC-2009-68 ENVIRONMENTAL ASSESSMENT INFORMATION Indiana Michigan Power Company is providing the following information for use in preparation of an Environmental Assessment pursuant to 10 CFR 51.30.
Identification of the Proposed Action The proposed action is a one-time schedular exemption from the requirements of
.. 10.CFR 26.205(d)(4). Regulation 10,CFR26..205(d)(4) specifies working hour limitations- for
- operations..and maintenance, personnel that -are .-less restrictive, that.- the limitations of 10 CFR'26.205(d)(3). ' . . ... ........ '... -
Regulation ;10 CFR 26.205(d)(3) requires operations personnel covered -by the. regulation to have at least 2.5 days off per week, averaged over the shift cycle, and maintenance personnel covered by the regulation to have at least 2 days off per week, averaged over.the shift cycle.
Regulation 10 CFR 26.205(d)(4) requires operations personnel covered by the regulation to have at least 3 days off in each successive (i.e., non-rolling) 15-day period, and maintenance personnel have at least 1 day off in any 7-day period. The less restrictive requirements. of 10 CFR 26.205(d)(4) are allowed only during the first 60 days of a unit outage., The' proposed exemption would allow the less restrictive working hour limitations of 10 CFR 26.205(d)(4) during a 60-day period that will encompass restart of Donald C. Cook Nuclear Plant (CNP)
Unit 1 from its current extended outage, rather than the first 60 days of the outage.
Need for the Proposed Action The proposed exemption is needed to provide flexibility in scheduling, required days off while accommodating the more intensive work schedules that will result from restart'of CNP Unit 1 following an extended outage.
Environmental Impacts of the Proposed Action The affected CNP operations and maintenance personnel will not have worked excessive overtime during the period preceding the Unit 1 restart. Therefore, assurance will be provided that cumulative fatigue will not compromise the abilities of these individuals to safely and competently perform their duties.
The proposed action will not significantly increase the probabilityor consequences of accidents.
No changes are being made in the types of effluents that may be released off site, and there is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. Accordingly, granting the proposed exemption would result in no significant radiological environmental impact.
With regard to potential non-radiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental
Attachment 2 to AEP-NRC-2009-68 Page 2 impacts associated with the proposed action. Accordingly, there are no significant environmental impacts associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action The alternative to the proposed action would be denial of the proposed action (i.e., a "no-action" alternative). Denial of the proposed exemption would result in no change in current environmental impacts. Therefore, -the environmental impacts of the proposed action.,and the alternative action are similar..
Alternative Use of Resources
.. *The-action does' not involve the use of any different resources than those, previously considered
-in. the Final Environmental Statement Related to the Operation of Donald C.- Cook Nuclear Plant
- .:Units 1 and 2, dated August 1973:
Attachment 3 to AEP-NRC-2009-68 Regulatory Commitment The following table identifies those actions committed to by Indiana Michigan Power Company (I&M) in this document. Any other actions discussed in this submittal represent intended or planned actions by I&M. They are described to the Nuclear Regulatory Commission (NRC) for the NRC's information and are not regulatory commitments.
Commitment Date I&M will manage overtime levels for 10 CFR 26.4(a)(1) category Th-*oughout the remainder operations personnel and 10 CFR 26.4(a)(4) category bf the period preceding maintenan-re personnel such that the limits in 10 CFR 26 "Iimplementation of 10 CFR' Subpart I are maintained. 26 Subpart I on October 1, 2009.