Text

Units 1 & 2 - Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue
	ML110450583
Person / Time
Site:	Millstone, Surry, North Anna
Issue date:	02/10/2011
From:	Hartz L; Virginia Electric & Power Co (VEPCO)
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	10-448, FOIA/PA-2011-0115
	Download: ML110450583 (42)
	v • d • e

Dominion Resources Services, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard, 2SE, Glen Allen, VA 23060 February 10, 2011 10 CFR 26.9 10 CFR 26.205 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555 Serial No.

NL&OS/GDM Docket Nos.

License Nos.10-448 R1 50-245/336/423 50-338/339 50-280/281 DPR-21/65/NPF-49 NPF-4/7 DPR-32/37 DOMINION NUCLEAR CONNECTICUT, INC.

VIRGINIA ELECTRIC AND POWER COMPANY MILLSTONE POWER STATION UNITS 1, 2 AND 3 NORTH ANNA AND SURRY POWER STATIONS UNITS 1 AND 2 REQUESTS FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF THE FITNESS FOR DUTY RULE FOR MANAGING FATIGUE This letter provides requests for exemption from certain requirements of the Fitness for Duty Rule for Managing Fatigue.

Specifically, the letter requests exemptions from certain requirements of 10 CFR 26 during declarations of severe weather conditions.

During severe weather conditions (i.e., tropical storm or hurricane force winds),

adherence to all work hour control requirements could impede a licensee's ability to use staff resources as necessary to respond to a plant emergency and ensure that the plant reaches and maintains a safe and secure status.

Pursuant to 10 CFR 26.9, Dominion Nuclear Connecticut, Inc., (DNC) and Virginia Electric and Power Company (Dominion) request for Millstone Power Station Units 1, 2 and 3 and North Anna and Surry Power Stations Units 1 and 2, respectively, Nuclear Regulatory Commission (NRC) approval of exemptions from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour controls during declarations of severe weather conditions involving tropical storm or hurricane force winds.

Parts 26.205(c) and (d) establish requirements for work hour scheduling and work hour controls for individuals (covered workers) subject to these controls.

Entry into a severe weather situation involving tropical storm or hurricane force winds can impose conditions similar to entry into the site emergency plan where the imposition of work hour controls on vital personnel could impede the ability to focus on plant safety and security and may be detrimental to the health and safety of the public.

The enclosed exemption requests propose to extend the exception provided by 26.207(d) to include pre-defined entry and exit conditions related to hurricane events because the sequestering of plant personnel and related staff resource limitations may occur at times prior to and following the current entry and exit conditions

Serial Number 10-448 Docket Nos. 50-245/336/423/338/339/280/281 Page 2 of4 (Le., emergency declaration) specified in 26.207(d).

The objective of the exception provided by 26.207(d) is stated in NRC Enforcement Guidance Memorandum EGM 008, "Dispositioning Violations of NRC Requirements for Work Hour Controls Before and Immediately After a Hurricane Emergency Declaration," dated September 24, 2009 as follows: "... to ensure that the control of work hours and the management of worker fatigue do not prevent a licensee from using whatever staff resources may be available to respond to a plant emergency and ensure that the plant reaches and maintains a safe and secure status."

The enclosed exemption requests are consistent with the Enforcement Guidance Memorandum referenced above.

Millstone Power Station Units 1, 2 and 3 and North Anna and Surry Power Stations Units 1 and 2 are most vulnerable to tropical storms and hurricanes from June through November. Consequently, DNC and Dominion respectfully request prompt NRC review of the attached exemption requests.

As demonstrated in the attachments to this letter, the requested exemptions:

Are authorized by law; Will not endanger life or property or the common defense and security; and Are otherwise in the public interest.

This exemption from the Fitness for Duty Rule for Managing Fatigue is necessary until the Rule is changed so that the exemptions are no longer needed.

When the Rule is changed and the exemptions are no longer needed, DNC and Dominion will submit a letter to the NRC stating that the exemptions are no longer required. This commitment is included in Enclosure 4 to this letter.

The requests for exemption for Millstone Power Station Units 1, 2 and 3, North Anna Power Station Units 1 and 2 and Surry Power Station Units 1 and 2 from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour scheduling and controls during declarations of severe weather conditions involving tropical storm or hurricane force winds are provided in Enclosures 1, 2 and 3, respectively.

If there are any questions regarding this request, please contact Mr. Gary D. Miller at (804) 273-2771.

Sincerely, L. N. Hartz Vice President - Nuclear Support Services Dominion Nuclear Connecticut, Inc.

Virginia Electric and Power Company

Serial Number 10-448 Docket Nos. 50-245/336/423/338/339/280/281 Page 3 of 4 Commitments made in this correspondence:

See Enclosure 4.

Enclosures:

1. Request for Exemption from the Requirements of 10 CFR 26.205(c) and (d) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds - Millstone Power Station Units 1,2 and 3.

2.

Request for Exemption from the Requirements of 10 CFR 26.205(c) and (d) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds - North Anna Power Station Units 1 and 2

3. Request for Exemption from the Requirements of 10 CFR 26.205(c) and (d) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds - Surry Power Station Units 1 and 2

4. Regulatory Commitments cc:

U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, Pennsylvania 19406-1415 U.S. Nuclear Regulatory Commission - Region II Marquis One Tower, NE Suite 1200 Atlanta, Georgia 30303-1257 NRC Senior Resident Inspector Millstone Power Station Units 2 and 3 L. A. Kaufmann U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, Pennsylvania 19406-1415 NRC Senior Resident Inspector North Anna Power Station NRC Senior Resident Inspector Surry Power Station

Serial Number 10-448 Docket Nos. 50-245/336/423/338/339/280/281 Page 4 of4 C. J. Sanders NRC Project Manager - Millstone Power Station Units 2 and 3 U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 08 B-3 Rockville, Maryland 20852-2738 J. B. Hickman NRC Project Manager - Millstone Power Station Unit 1 U. S. Nuclear Regulatory Commission Two White Flint North Mail Stop T88 F5 11545 Rockville Pike Rockville, MD 20852-2738 K. R. Cotton NRC Project Manager U. S. Nuclear Regulatory Commission One White Flint North Mail Stop 8 G9A 11555 Rockville Pike Rockville, MD 20852-2738 J. S. Wiebe NRC Project Manager U. S. Nuclear Regulatory Commission One White Flint North Mail Stop 8 G9A 11555 Rockville Pike Rockville, MD 20852-2738

Serial Number 10-448 Docket Nos. 50-245/336/423 Request for Exemption from the Requirements of 10 CFR 26.205Cc) and Cd) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds Dominion Nuclear Connecticut, Inc. (DNC)

Millstone Power Station Units 1, 2 and 3

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request Request for Exemption from the Requirements of 10 CFR 26.205Cc) and Cd) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds Millstone Power Station Units 1, 2 and 3 1.0 PURPOSE This request provides supporting justification pursuant to 10 CFR 26.9 for an exemption from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour controls during declarations of severe weather conditions involving tropical storm or hurricane force winds.

Specifically, the exemption would only apply to severe weather conditions where tropical storm or hurricane force winds are predicted onsite requiring the sequestering of station hurricane response organization (HRO) staff.

Dominion Nuclear Connecticut, Inc. (DNC) would not need to meet the requirements of 10 CFR 26.205(c) and (d) for Millstone Power Station (MPS) Units 1, 2 and 3 from the time that entry conditions for staff sequestering are met until exit conditions are satisfied. The specific entry and exit conditions are specified in Section 3.0 of this enclosure.

The exemption would only apply to individuals on the station HRO staff who perform duties identified in Parts 26.4(a)(1) through (a)(5). When exit conditions for sequestering are met for the station HRO staff, full compliance with 10 CFR 26.205(c) and (d) will again be required.

It should be noted that the requested exemption is from the work hour control requirements noted above, not overall fatigue management.

2.0 BACKGROUND

10 CFR 26.205Cc) and Cd) 10 CFR 26.205(c) and (d) establish requirements for work hour scheduling and work hour controls for any individual who performs duties identified in Parts 26.4(a)(1) through (a)(5).

The individuals performing these duties are referred to as "covered workers."

Part 26.205(c) requires licensees to schedule the work hours of covered workers with the objective of preventing impairment from fatigue due to the duration, frequency, or sequencing of successive shifts. Part 26.205(d) provides for specific work hour controls as follows:

Work hour limits over specified periods of time; Specified break periods; and Minimum days off averaged over a shift schedule.

Separate days off requirements are established for non-outage versus outage periods.

Page 1 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request Part 26.207(d) states that licensees need not meet the requirements of Parts 26.205(c) and (d) during declared emergencies, as defined in the licensee's emergency plan.

NRC Enforcement Guidance Memorandum and NRC Public Meetings The NRC held a series of public meetings during 2008 and 2009 to support the efforts of the industry in implementing the Fatigue Management Rule, which included development of new procedures, software tools, and employee training.

During one of these public meetings with the NRC on July 15, 2009, industry representatives discussed potential concerns with the wording of 26.207(d) which may not allow the work hour controls exception for a declared emergency to be applied in certain situations when it would be appropriate and consistent with the intent of this section.

One scenario involves the preparation, response and recovery actions associated with tropical storm or hurricane force winds in which the duration of the circumstances needing relief from the requirements of 26.205(c) and (d) may be driven by factors other than those which dictate entry into a declared emergency.

A follow-up public meeting with the NRC was held on August 4, 2009 to further discuss this issue.

In response to this

meeting, one licensee (South Texas Project Nuclear Operating Company) submitted a

draft exemption request to provide written information for NRC consideration.

The NRC's position on this subject was subsequently documented in Enforcement Guidance Memorandum (EGM-09-008) dated September 24, 2009, which states, in part, that enforcement discretion may be granted when:

The licensee has determined that conditions warrant a site lockdown. The licensee must document this determination and the times and dates that personnel were sequestered.

Local weather conditions will reasonably reach conditions hazardous for personnel travel to or from the site (Le., sustained winds greater than 40 mph).

The site is located within the National Hurricane Center's forecasted Hurricane Watch Area.

The licensee has site-specific procedural guidance that specifies the conditions necessary to sequester site personnel and provides provisions for opportunity and accommodations for rest when those individuals are not performing required duties.

The licensee has requested an exemption from 10 CFR 26.205(c) and (d), or any part thereof, to allow for sequestering site personnel before and immediately after a hurricane.

DNC is therefore submitting this exemption request consistent with the information provided in the EGM.

In addition, an NRC public meeting was held on June 2, 2010 to discuss the NRC expectations and the lessons learned regarding industry severe weather exemption requests.

Dominion nuclear fleet personnel participated in this meeting via Page 2 of 11

Serial NO.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request teleconference.

The items discussed during the meeting have been appropriately addressed in this exemption request, where applicable.

3.0 DISCUSSION The MPS site is located in the Town of Waterford, New London County, Connecticut, on the north shore of Long Island Sound.

The 524-acre site occupies the tip of Millstone Point between Niantic Bay on the west and Jordan Cove on the east and is situated 3.2 miles west-southwest of New London and 40 miles southeast of Hartford, Connecticut.

Storms of tropical origin occasionally affect the region during the summer and fall months.

According to a statistical study (1971), the 50-mile segment of coastline on which Millstone is located was crossed by five hurricanes during a period of approximately eighty-four (84) years.

From 1973 to 1994, four hurricanes caused severe regional power outages. Therefore, based on the location of the plant, there is a sufficient likelihood of being affected by hurricane watches and warnings or inland hurricane wind watches and warnings caused by a tropical storm or hurricane impacting the Atlantic coast.

Should such severe weather conditions occur, certain plant staff would be required to remain onsite to perform preparation, response and recovery actions associated with the severe weather event.

Advanced Site Preparation for Projected High Wind Conditions Site preparation activities in advance of the tropical storm and hurricane force winds are important for ensuring the safe operation of the facility and are directed by station procedures using normal on-shift personnel.

Preparatory activities include, but are not limited to, the following: monitoring of storm position, direction of movement, speed, wind speed and pressure; monitoring of sea water level at the intake structure; monitoring of the condensers for indication of fouling; securing plant external doors, roof hatches, gates and windows; tying down and/or moving plant equipment and materials; site inspection and cleanup of loose material, debris and equipment; topping off tanks as necessary; checking storm drains to ensure they are free of obstructions; installation of flood protection devices, if required; review of procedures associated with a loss of electrical power; verification of the operability of critical equipment (e.g., Emergency Diesel Generators (EDGs), Service Water Pumps, Turbine-Driven Auxiliary Feedwater Pump); independently powering an emergency bus with an EDG, and even taking the units offline if weather conditions warrant.

Hurricane Response Plan (Nuclear) and Station Severe Weather Procedures Dominion maintains a fleet Hurricane Response Plan (Nuclear) (HRP-N) that is applicable to MPS for coping with tropical storm or hurricane force winds.

In addition, MPS maintains several plant-specific procedures that address severe weather conditions and the necessary station activities to respond to such conditions. The HRP-N and station procedures ensure that adequate resources and guidance are in place to prepare for, respond to, and recover from severe weather conditions associated with tropical storm or hurricane force winds.

The HRP-N and station procedures direct the Page 3 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request assessment of pre-storm preparedness and implementation of associated contingency activities, establish post-storm guidelines, and address station emergency staffing in terms of management, supervision and support, as needed.

The HRP-N and station procedures also include provisions for the assignment and activation of station HRO staffing at the facility to ensure the safe operation of the MPS units during severe weather conditions.

The staffing plans address retaining selected onsite personnel (in key response positions) due to station operating requirements and projected meteorological conditions. The HRP-N and station procedures also provide direction for establishing lodging and meal arrangements. As necessary, site personnel that are not part of the station HRO staff will be released from the site with sufficient time to avoid the path of the storm.

Exemption Entry/Exit Criteria The existing entry conditions contained in the MPS Emergency Plan for declaring an emergency based on high winds are shown in the following table:

EMERGENCY PLAN CLASSIFICATION ENTRY CRITERIA FOR SEVERE WEATHER NOTIFICATION OF UNUSUAL EVENT (NOUE)

(MPS 1, 2 and 3) Onsite sustained windspeeds >75 mph or (MPS 2 and 3) Visible damage to structures within the Protected Area ALERT (MPS 1) An event that damages systems, structures, or components needed to maintain spent fuel integrity that may result in overexposure of site personnel or results in a decrease in the spent fuel pool water level or damage Areas of Concern for Safe Shutdown (MPS2) to spent fuel.

Control Room (MPS 2 and 3) Onsite sustained windspeeds >90 mph Cable Vaults Turbine Building or Penetration Area Visible damage to structures or equipment AND affecting Reactor Building Component Cooling Water safe shutdown.

Rooms Areas of Concern for Safe Shutdown (MPS3)

Diesel Generators Rooms Containment Building Charging Pump Cubicles Auxiliary Building Switchyard*

Control Building Switchgear Room Main Steam Valve Building Intake Structure Demineralized Water Storage Tank Switchgear Area Engineered Safeguards Features Building Coolant Tanks Area Intake Structure Containment Station Transformers.

DC Equipment and Battery Rooms Emergency Generator Enclosure Safety Injection Pump Rooms Fuel Building Page 4 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request For the purposes of this exemption request, the following definitions will apply regarding entry into or exit from the exemption:

ENTRY CONDITION:

This is the start date and time when any individual on site who performs duties identified in Parts 26.4(a)(1) through (a)(5) of 10 CFR will not have to meet the requirements of 10 CFR 26.205(c) and (d). This occurs when the site activates the Station Hurricane Command Center and the Site Vice-President (or his designee) determines that travel conditions to the site will potentially become hazardous such that station hurricane response organization staffing will be required based on verifiable weather conditions. Verifiable weather conditions are defined as when the National Weather Service issues an "Inland High Wind Warning for Hurricane Force Winds" for New London County, or when the Dominion Weather Center projects tropical storm or hurricane force winds onsite within 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months .

EXIT CONDITION:

This is the date and time when Millstone Power Station 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 is based upon meeting the following conditions:

Hurricane Watches / Warnings or Inland Hurricane Watches / Warnings have been canceled, Weather conditions and highway infrastructure support safe travel, and The Site Vice President or his designee has determined that sufficient personnel who perform duties identified in 10 CFR 26.4(a)(1) through (a)(5) are available to restore normal shift rotation and thereby meet the requirements of 10 CFR 26.205(c) and (d).

This exemption timeframe may include a period during recovery when the station has exited the emergency condition but sufficient personnel and resources are not available from offsite.

The HRP-N and/or applicable station procedure(s) will be revised to include direction for specifically documenting when the Work Hours Exemption is entered and exited based on the definitions stated above.

After the storm has passed, it is difficult to predict when relief personnel could return to the site based on the degree of surrounding infrastructure damage caused by the storm and the different locations that personnel chose to evacuate to avoid the storm.

Typically, access to the plant area following storm damage is controlled by local government officials.

The goal is to provide relief as soon as circumstances allow.

When enough personnel are available to support meeting the requirements of Part 26.205(c) and (d), full compliance with the work hour rule can be met and exercise of the exemption exited.

Page 5 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request During the period that DNC is requesting exemption from Parts 26.205(c) and (d), MPS may meet the conditions for entering the Emergency Plan.

Since Part 26.207(d) already states that licensees need not meet the requirements of Parts 26.205(c) and (d) during declared emergencies, there is no need for exemption for station HRO staff during the period of the declared emergency.

This exemption would be applied to the period established by the entry and exit conditions defined above regardless of whether the Emergency Plan is entered or not.

While certain overlap is recognized, multiple exemption entries and exits would be needlessly complex, counterproductive and distracting to those responding to the severe weather event.

Therefore, the MPS exemption request can be characterized as having three parts: (1) high-wind exemption encompassing the period starting with the initiating conditions to just prior to declaration of an unusual event, (2) a period defined as immediately following a high-wind condition, when an unusual event is not declared, but when a recovery period is still required, and (3) a recovery exemption immediately following an existing 10 CFR 26.207(d) exception as discussed above.

Once MPS has entered into a high-wind exemption or 10 CFR 26.207(d) exception, it would not need to make a declaration that it is invoking the recovery exemption.

Hurricane Response Organization (HRO) Staff The HRP-N and station procedures identify recommended station HRO staffing.

Management discretion may be exercised when deciding which positions are to be staffed. The station HRO will typically provide 24-hour per day support until hurricane activities subside, or as determined by the Site Vice President or his designee.

The station HRO staff will typically consist of enough individuals to man two 12-hour shifts of workers consisting of personnel from Operations, Maintenance, Engineering, Emergency Planning, Radiation Protection, Chemistry, Site Services and Security to maintain the safe and secure operation of the facility.

If station weather conditions deteriorate such that declaration of an Alert is anticipated, the Emergency Response Organization would be contacted in accordance with the station Emergency Plan.

Implementation of callout procedures may be adjusted or waived as minimum staff assignments may already be filled via the station HRO staff. Consideration is given to providing the station HRO staff sufficient time to attend to personal needs, secure homes, etc., as well as identifying off-duty, non-essential personnel and advising them against reporting for upcoming shifts.

Consideration is also given concerning onsite non-essential personnel regarding their release in a phased, controlled manner in advance of severe weather to allow safe arrival at their destination.

The need to provide accommodations for the station HRO staff remaining onsite is anticipated, whether due to extended work schedules or the possibility of normal station facilities being unavailable.

The HRP-N and/or station procedures identify the designated positions responsible for facilitating meals, sleeping, bathing and toilet facilities.

The specific assignments identified in the HRP-N and/or station procedures ensure that the necessary personnel arrangements have been appropriately considered prior to the arrival of severe weather onsite.

A Rest Area Log is also provided in the HRP-N for documentation of personnel accountability in designated sleeping quarters.

Page 6 of 11

Serial NO.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request Maintenance The requested exemption provides for use of whatever plant staff resources may be necessary to respond to a plant emergency and ensure that the plant achieves and maintains a safe and secure status and can be safely restarted. Maintenance activities for structures, systems, and components (SSCs) that a risk-informed evaluation process has shown to be significant to public health and safety will be performed, if required, to maintain the plant in a safe and secure status or to assure the ability to safely restart.

The exemption is not for discretionary maintenance or onsite direction of discretionary maintenance activities for SSCs that a risk-informed evaluation process has shown to be significant to public health and safety.

Work necessary to maintain the plant in a safe and secure condition, or to protect equipment required for safety or power generation from potential storm damage, may be performed during periods when the exemption applies. Because of the importance and high priority assigned to restoration of power to the area affected by the storm, MPS does not consider work required to allow the plant to restart after the storm to be discretionary.

Examples of activities involving risk-significant SSCs that may be performed include:

Surveillances; Maintenance needed to assure SSCs required by the Technical Specifications are operable; Maintenance needed to assure SSCs needed for reliable operation are functional; Protecting SSCs required for safety or power generation from potential storm damage; Post-storm corrective maintenance to repair damage to safety-related SSCs to support restart of the units; Post-storm maintenance to restore the units to operable status to support restoration of power to the grid; Restoration of Siren System; and Restoration of Emergency Notification System pager system.

Procedural Guidance DNC will maintain the following information in the HRP-N or other applicable site procedure(s):

The conditions necessary to sequester site personnel consistent with the conditions specified in this exemption request, The provisions for ensuring that personnel who are not performing duties are provided an opportunity and accommodations for restorative rest, and Page 7 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request The condition for departure from this exemption based on the Site Vice-President's (or his designee's) determination that adequate staffing is available to meet the requirements of Part 26.205 (c) and (d).

4.0 ANALYSIS The impact of severe weather involving tropical storm or hurricane force winds on nuclear power plant operations is difficult to predict. The unpredictability of the path and speed of advance of the storm could result in a short-notice manning of the station HRO without the ability to adhere to work hour controls. The plant mayor may not meet the criteria for declaring an emergency, as defined in the licensee's Emergency Plan.

In either case, it is anticipated that the HRP-N and the applicable severe weather procedures would be implemented including manning of the station HRO staff. After the storm has passed, offsite infrastructure damage may occur that would complicate and delay the ability of providing relief crews to the station HRO staff personnel maintained onsite.

The impact on personnel manning for implementation of the HRP-N is similar to entering the station Emergency Plan. Plant staff resources are necessary to respond to a tropical storm or hurricane threat that could escalate to a declared plant emergency.

In addition, manning for a tropical storm or hurricane threat is complicated by the inability to readily move relief crews on and off site during the tropical storm or hurricane threat or after the passing of the storm depending on surrounding infrastructure damage.

Implementation of the HRP-N is an extraordinary circumstance that is 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 control of work hours should not impede the ability to ensure the plant reaches and maintains a safe and secure status.

Although an exemption from meeting all the requirements of 10 CFR 26.205(c) and (d) during activation of the station HRO staff is requested, opportunities for restorative sleep will be maintained. The HRP-N and station procedures direct the establishment of lodging facilities in safe locations (Le., protected from high winds) for the off-shift. It is expected that exempted staff will be allowed a 12-hour break between successive work periods unless specific plant conditions necessitate otherwise (e.g., the need for posting a limited number of security personnel at a compromised security barrier due to storm damage.)

Sufficient numbers of management and supervision are available on the HRO staff to provide additional oversight for monitoring the effects of fatigue to ensure that the safety and security of the facility are maintained.

5.0 PRECEDENCE In a letter dated September 21, 2009 [ML092720178], South Texas Project Nuclear Operating Company (STPNOC) requested an exemption from the work hour control Page 8 of 11

Serial No.10-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request requirements of 10 CFR 26.205(c) and (d) for South Texas Project Units 1 and 2 for severe weather associated with tropical storm or hurricane force winds.

STPNOC submitted a revised exemption request on October 14, 2009 [ML092930172], and supplemented the submittal by letters dated February 11 [ML100490048], April 19

[ML101160042], and May 10, 2010 [ML101340116]. The NRC approved the STPNOC exemption request in their letter dated July 2, 2010 [ML101690107].

By letter dated October 13, 2009, Florida Power and Light Company (FPL) also requested an exemption from the work hour control requirements of 10 CFR 26.205(c) and (d) [ML092950342] for Turkey Point Units 3 and 4 for severe weather associated with tropical storm or hurricane force winds and supplemented their submittal by letters dated March 9, 2010 [ML100770099], September 2, 2010 [ML102580335], October 6, 2010 [ML102850047], and October 20,2010 [ML103060463]. The NRC approved the exemption request as noted in the Federal Register dated January 6,

2011

[ML103020261].

The above correspondence, including the responses to NRC requests for additional information, has been reviewed, and the identified issues have been addressed within this request.

NUREG-1471, "Effect of Hurricane Andrew on the Turkey Point Nuclear Generating Station from August 20 -

30, 1992," March 1993 was also reviewed.

This event resulted in the invocation of the provisions of 10 CFR 50.54(x) that allows senior licensed personnel to take reasonable action that departs from a license condition or technical specification in an emergency when this action is immediately needed to protect the plant and the public safety, and when no action consistent with license conditions and technical specifications that can give adequate and equivalent protection is immediately apparent.

This provision was invoked by Turkey Point to relocate fire watch and security personnel for their personal safety during the hurricane. The report did not indicate that regulatory relief was required to extend work hours beyond limits.

6.0 JUSTIFICATION OF EXEMPTION 10 CFR 26.9, "Specific exemptions," states that the Nuclear Regulatory Commission may grant exemptions from the requirements of this part provided:

The exemption is authorized by law; The exemption will not endanger life or property or the common defense and security; and The exemption is otherwise in the public interest.

The exemption would only apply to severe weather conditions where tropical storm or hurricane force winds are predicted onsite requiring the sequestering of MPS station HRO staff. MPS would not need to meet the requirements of 10 CFR 26.205(c) and (d) from the time that entry conditions for sequestering station HRO staff are met until exit Page 9 of 11

Serial No.1 0-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request conditions are satisfied.

The exemption would only apply to individuals on the station HRO staff who perform duties identified in Parts 26.4(a)(1) through (a)(5) of 10 CFR.

When exit conditions for the sequestering of station HRO staff are met as defined in the exemption, full compliance with 10 CFR 26.205(c) and (d) will again be required.

The criteria are satisfied as described below:

This exemption is authorized by law.

No law exists which precludes the activities covered by this exemption request.

The NRC has the authority under the Atomic Energy Act of 1954, as amended, to grant exemptions from its regulations if doing so would not violate the requirements of law. The granting of this exemption to 10 CFR 26.205(c) and (d) for limited and specific circumstances is authorized pursuant to 10 CFR 26.9.

The regulations established in 10 CFR 26 for Fitness for Duty Programs are not mandated,by statute and the granting of the requested exemption would not violate the requirements of law.

This exemption will not endanger life or property or the common defense and security.

The Fatigue Management Rule allows for licensees not meeting the requirements of Parts 26.205(c) and (d) during declared emergencies as defined in the licensee's emergency plan.

This exemption expands that allowance for severe weather conditions involving tropical storm or hurricane force winds that mayor may not result in the declaration of an emergency.

Although work hour controls would not need to be met during activation of the station HRO staff, sufficient manning is available to provide for restorative sleep of the shift crews.

Additionally, sufficient numbers of management and supervision are available on the station HRO staff to provide additional oversight for monitoring the effects of fatigue ensuring the safety and security of the facility. Therefore, this exemption will not endanger life or property or the common defense and security.

This exemption is otherwise in the public interest.

This exemption request will only expand an exception already provided in the Fatigue Management Rule during declared emergencies to circumstances where severe weather conditions, due to tropical storm or hurricane force winds, require the manning of station HRO staff. The exemption would seldom be needed, but in a unique set of circumstances is necessary to ensure that the control of work hours and management of worker fatigue does not impede the ability to use whatever staff resources may be necessary to respond to the severe weather threat and ensure that the plant reaches and maintains a safe and secure status.

Therefore, the focus will be on nuclear safety and security and thus is in the interest of public health and safety.

Page 10 of 11

7.0 ENVIRONMENTAL ASSESSMENT Serial No.10-448 Docket Nos. 50-245/336/423 Severe Weather Exemption Request J

The proposed exemption does not involve (i) a significant hazards consideration, (ii) a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure.

Accordingly, the proposed exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(9).

Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.

8.0 CONCLUSION

The requested exemption from meeting the requirements of 10 CFR 26.205(c) and (d) during activation of the station HRO staff in response to a tropical storm or hurricane threatening the site is justified to ensure that work hour controls do not impede the ability of MPS to use whatever staff resources may be necessary to respond to a severe weather threat and ensure that the plant reaches and maintains a safe and secure status.

Entry and exit into the condition where the exemption will apply will be determined by the Site Vice President or his designee based on specific, defined, criteria, as discussed above.

Management and supervision will provide oversight of personnel for signs of fatigue to ensure that safety and security of the facility is maintained.

Upon exit of conditions requiring sequestering of station HRO staff, MPS would again comply with the work hour controls.

As required by 10 CFR 26.9, the requested exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest.

In addition, there are no significant environmental impacts associated with the proposed action.

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Serial Number 10-448 Docket Nos. 50-338/339 Request for Exemption from the Requirements of 10 CFR 26.205Cc) and Cd) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds Virginia Electric and Power Company (Dominion)

North Anna Power Station Units 1 and 2

Serial No.1 0-448 Docket Nos. 50-338/339 Severe Weather Exemption Request Request for Exemption from the Requirements of 10 CFR 26.205(c) and (d) for Meeting Work Hour Controls During Declarations of Severe Weather Conditions Involving Tropical Storm or Hurricane Force Winds North Anna Power Station Units 1 and 2 1.0 PURPOSE This request provides supporting justification pursuant to 10 CFR 26.9 for an exemption from the requirements of 10 CFR 26.205(c) and (d) for meeting work hour controls during declarations of severe weather conditions involving tropical storm or hurricane force winds.

Specifically, the exemption would only apply to severe weather conditions where tropical storm or hurricane force winds are predicted onsite requiring the sequestering of the station hurricane response organization (HRO) staff.

Dominion would not need to meet the requirements of 10 CFR 26.205(c) and (d) for North Anna Power Station (North Anna) Units 1 and 2 from the time that entry conditions for staff sequestering are met until exit conditions are satisfied.

The specific entry and exit conditions are specified in Section 3.0 of this enclosure.

The exemption would only apply to individuals on the station HRO staff who perform duties identified in Parts 26.4(a)(1) through (a)(5). When sequestering exit conditions are met for the station HRO staff, full compliance with 10 CFR 26.205(c) and (d) will again be required.

It should be noted that the requested exemption is from the work hour control requirements noted above, not overall fatigue management.

2.0 BACKGROUND

10 CFR 26.205(c) and (d) 10 CFR 26.205(c) and (d) establish requirements for work hour scheduling and work hour controls for any individual who performs duties identified in Parts 26.4(a)(1) through (a)(5).

The individuals performing these duties are referred to as "covered workers."

Part 26.205(c) requires licensees to schedule the work hours of covered workers with the objective of preventing impairment from fatigue due to the duration, frequency, or sequencing of successive shifts. Part 26.205(d) provides for specific work hour controls as follows:

Work hour limits over specified periods of time; Specified break periods; and Minimum days off averaged over a shift schedule.

Separate days off requirements are established for non-outage versus outage periods.

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Serial NO.1 0-448 Docket Nos. 50-338/339 Severe Weather Exemption Request Part 26.207(d) states that licensees need not meet the requirements of Parts 26.205(c) and (d) during declared emergencies, as defined in the licensee's emergency plan.

NRC Enforcement Guidance Memorandum and NRC Public Meetings The NRC held a series of public meetings during 2008 and 2009 to support the efforts of the industry in implementing the Fatigue Management Rule, which included development of new procedures, software tools, and employee training.

During one of these public meetings with the NRC on July 15, 2009, industry representatives discussed potential concerns with the wording of 26.207(d) which may not allow the work hour controls exception for a declared emergency to be. applied in certain situations when it would be appropriate and consistent with the intent of this section.