BVY 04-084, Security Group Work Hour Controls

Security Group Work Hour Controls

ML042390101
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	08/16/2004
From:	Thayer J Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
BVY 04-084, EA-03-038
Download: ML042390101 (6)

Text

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

Vermont Yankee

'IEntergy 185 Old Ferry Rd.

RO. Box 500 Brattleboro, Vr 05302 Tel 802-257-5271 August 16, 2004 Docket No. 50-271 BVY 04-084 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

SUBJECT:

Vermont Yankee Nuclear Power Station Security Group Work Hour Controls Pursuant to provisions in Section III.D of the NRC Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel (EA 038, dated April 29, 2003) Entergy requests a temporary relaxation of the Compensatory Measures of the Order regarding the group average work hour limits specified in Section C.2.a.

Attachment 1 contains justification for the requested relaxation of security group work hour limits. Commitments made by Entergy in this letter are listed in Attachment 2.

NRC approval of the attached relaxation is requested by August 19, 2004, to support the activities discussed. If the request is not approved by August 19, 2004, enforcement discretion is requested until such time as the request is approved. If you have any questions or require additional information, please contact James M. DeVincentis at (802) 258-4236.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 16th day of August 2004.

Sincerely, Jay K. Thayer Site Vice President Vermont Yankee Nuclear Power Station

<4;) A

Docket No. 50-271 BVY 04- 084 Page 2 of 2 Attachments 1. Justification for Relaxation of Security Group Work Hour Limits

2. Regulatory Commitments cc: Mr. Richard B. Ennis, Project Manager Project Directorate 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Mail Stop: 0-8B-1 Washington, DC 20555 Mr. Samuel J. Collins Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 USNRC Resident Inspector Entergy Nuclear Vermont Yankee, LLC PO Box 157 Vernon, Vermont 05354 Mr, David O'Brien, Commissioner VT Department of Public Service 112 State Street - Drawer 20 Montpelier, Vermont 05620-2601

BW 04-084 Attachment I Page 1 REQUEST FOR RELAXATION OF SECURITY GROUP WORK HOUR LIMITS A. Introduction Pursuant to provisions in Section III.D of the NRC Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel (EA-03-038, dated April 29, 2003) Entergy requests a temporary relaxation of the Compensatory Measures of the Order regarding the group average work hour limits specified in Section C.2.a.

Specifically, Entergy is preparing to execute a contingency plan in preparation for, and in the event of a labor disruption at Vermont Yankee Nuclear Power Station potentially beginning as early as August 19, 2004. This potential labor disruption does not include security personnel at this time. The contingency plan increases the level of security protection for the Vermont Yankee Station, including increasing protection at the Owner Controlled Area (OCA) boundary and at other Vermont Yankee facilities outside the OCA. During implementation of the contingency plan, security force personnel may exceed the 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> per week group average, when averaged over consecutive periods not to exceed the six week limit set forth in the Order.

B. Group Work Hour Limits Proposed The proposed group work hour limit is 60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> per week. If the extended hours are necessary this proposal will allow a work schedule of 5 days per week x 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> per day with 2 days off per week. A ramp-up and monitoring period is planned to commence prior to the potential start of an imminent labor disruption and a one week ramp-down period is planned upon cessation of any labor disruption.

C. Length of Requested Relaxation Period The relaxation is needed to effectively compensate for a potential labor disruption. The duration that the potential labor disruption may be in effect is unknown and there is no reliable way to predict the duration in advance. Entergy requests the relaxation extend until the first Sunday greater than one week subsequent to the end of the labor action not to exceed 90 days from implementation of the extended working hours.

D. Reason it is Impractical to Meet the Order Requirements The request is being made to compensate for an expected need for increased security to monitor organized strike activities at company facilities and to protect company personnel, property and other assets during the time leading into and during a potential labor disruption at the Vermont Yankee station. Both parties involved in contract negotiations have been, and continue to be working diligently

BW 04-084 Attachment I Page 2 on a new contract with the goal being to have one in place on or before the August 19 contract expiration, thereby avoiding a potential labor disruption.

It is prudent and practical to prepare a contingency plan to compensate for a potential labor disruption but it is not practical to hire, train, familiarize and qualify new security force personnel. This impracticality is due to the uncertainty of a labor disruption, including sympathy actions, occurring along with ongoing efforts to avoid a labor action, compounded by the short time frame in which to complete the hiring and qualification process for new security force personnel. Although Entergy has resources from its other sites to supplement the Vermont Yankee security force, it is believed that utilizing currently qualified nuclear security force personnel while maintaining a reasonable work hour schedule combined with enhanced oversight and compensatory measures to mitigate and detect fatigue is the most effective means of protecting the public health and safety, the physical plant, other company property, and employees during a potential labor disruption.

The impact of labor actions, including sympathy strikes and unauthorized actions, are not controllable by the licensee due to worker rights to organize and strike under national labor relations laws. Entergy will continue to work in good faith to prevent future labor actions and thereby avoid recurrence of this condition in the future.

E. Compensatory Measures to be Taken to Address Fatigue Issues The following actions are planned to monitor and address fatigue issues:

• Selected patrols will be doubled-up to minimize potential for fatigue to go undetected.

• Frequency of rotation for selected posts will be increased so that the length of time at any one location will be less than what is normally scheduled.

• Continual behavior observation (CBOP) techniques will be employed at the beginning of shift and during the shift to monitor fitness for duty (FFD).

• Security personnel will be reminded of their right and obligation to self-identify any concerns they have regarding their own FFD as well as that of other personnel as part of CBOP.

. Radio checks will be performed at selected frequencies to monitor the Security force.

The necessary defensive posture and the resultant work hours for the security force will be periodically evaluated and work hours will be reduced from the 60 hours6.944444e-4 days <br />0.0167 hours <br />9.920635e-5 weeks <br />2.283e-5 months <br /> average if conditions support the decrease in security working hours.

Following 30 days of implementation of the increased work hours, the status of the negotiations will be evaluated and additional assistance to reduce working hours will be pursued if deemed prudent based on the expected strike length.

BW 04-084 Attachment I Page 3 F. Actions to Restore Compliance During An Extended Labor Action The following action will be taken to restore compliance during an extended labor action. Following 60 days of implementation of the increased work hours, the status of the negotiations will be evaluated and additional assistance will be pursued to reduce the working hours to within the order requirements, if deemed prudent based on the expected strike length.

BVY 04-084 Attachment 2 Page 1 REGULATORY COMMITMENTS Commitment Description Due Date

1. Implement actions to identify and mitigate fatigue Continuous during issues. implementation of requested relief.

2. The status of the negotiations will be evaluated and 30 days following additional assistance to reduce working hours will be implementation of pursued, if deemed prudent, based on the expected the increased strike length. working hours.

3. The status of the negotiations will be evaluated and 60 days following additional assistance will be pursued to reduce the implementation of working hours to within the order requirements, if the increased deemed prudent, based on the expected strike length. working hours.

4. Return to a schedule which supports the 48 hour5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> The first Sunday average group limitation. greater than one week subsequent to the end of the labor action not to exceed 90 days from implementation of the increased working hours.