ML092530716

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Affirmation of 10 CFR 26, Subpart I, Implementation Prior to October 1, 2009
ML092530716
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 09/08/2009
From: Maguire W
Exelon Generation Co, Exelon Nuclear
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
EA-03-038
Download: ML092530716 (2)


Text

Exelkn Exelon Nuclear www.exeloncorp.com NUClea Peach Bottom Atomic Power Station 1848 Lay Road Delta, PA 17314-9032 10 CFR 50.4 September 8, 2009 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 Peach Bottom Atomic Power Station, Units 2 and 3 Renewed Facility Operating License Nos. DPR-44 and DPR-56 NRC Docket Nos. 50-277 and 50-278

Subject:

Affirmation of 10 CFR 26, Subpart I, Implementation Prior to October 1, 2009

References:

1)

Letter from U.S. NRC (S. J. Collins) to Holders of Licenses for Operating Power Reactors as Listed in Attachment 1 to the Order, "Issuance of Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel", dated April 29, 2003

2)

Letter from U.S. NRC (E. J. Leeds) to Holders of Licenses for Operating Power Reactors as Listed in Enclosure 1, "Relaxation of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel," dated June 8, 2009 In Reference 1, the U.S. Nuclear Regulatory Commission (NRC) issued Order EA-03-038 requiring compliance with specified compensatory measures related to fitness-for-duty (FFD) enhancements applicable to nuclear facility security personnel. Order EA-03-038 states that "all measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise."

In Reference 2, the NRC acknowledged that the amendment of 10 CFR 26 strengthened the effectiveness of fitness-for-duty programs and established clear and enforceable requirements for the management of worker fatigue, including security personnel. The rule became effective on April 30, 2008. The NRC further recognized that Order EA-03-038 would need to be relaxed prior to 10 CFR 26, Subpart I, implementation due to some conflicting terminology and work hour calculation methodology.

Due to a scheduled fall refueling outage, PBAPS has implemented 10 CFR 26, Subpart I, today.

Should you have any questions concerning this letter, please contact Mr. James Armstrong at (717) 456-3351.

U.S. Nuclear Regulatory Commission September 8, 2009 Page 2 I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 8 th day of September 2009.

Respectfully, Willia uire Site Vice President Peach Bottom Atomic Power Station Exelon Generation Company, LLC cc:

USNRC Region I, Regional Administrator USNRC Senior Resident Inspector, PBAPS USNRC Project Manager, PBAPS R. R. Janati, Bureau of Radiation Protection S. T. Gray, State of Maryland CCN 09-63