ML11203A513

Request for Exemption from Certain Requirements of the Fitness for Duty Rule, Subpart I

ML11203A513
Person / Time
Site:	Calvert Cliffs
Issue date:	07/21/2011
From:	George Gellrich Constellation Energy Nuclear Group, Calvert Cliffs, EDF Group
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML11203A513 (7)

Text

George H. Gellrich Calvert Cliffs Nuclear Power Plant, LLC Vice President 1650 Calvert Cliffs Parkway Lusby, Maryland 20657 410.495.5200 410.495.3500 Fax CENGS.

a joint venture of 0 nseatnEnergy- *,"obeDF CALVERT CLIFFS NUCLEAR POWER PLANT July 21, 2011 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Document Control Desk

SUBJECT:

Calvert Cliffs Nuclear Power Plant Unit Nos. 1 & 2; Docket Nos. 50-317 & 50-318 Request for Exemption from Certain Requirements of the Fitness for Duty Rule, Suboart I In accordance with 10 CFR 26.9, Calvert Cliffs Nuclear Power Plant, LLC hereby requests an exemption from certain requirements of 10 CFR Part 26, Fitness for Duty Programs for Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2. Specifically, an exemption is requested for 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. During these conditions, adherence to work hour control requirements could impede the ability to respond to an emergency condition at the site and ensure that the Units maintain a safe and secure status.

Attachment (1) provides the evaluation for the exemption from 10 CFR 26.205(c) and (d).

The Calvert Cliffs site is most vulnerable to tropical storm or hurricane force winds in August and September and to severe winter precipitation conditions in January and February. We therefore request approval of this request as soon as practicable.

Document Control Desk July 21, 2011 Page 2 Should you have questions regarding this matter, please contact Mr. Douglas E. Lauver at (410) 495-5219.

Very truly yours, GHG/PSF/bjd

Attachment:

(1) Proposed Exemption from 10 CFR 26.205 (c) and (d) cc: D. V. Pickett, NRC Resident Inspector, NRC W. M. Dean, NRC S. Gray, DNR

ATTACHMENT (1)

PROPOSED EXEMPTION FROM 10 CFR 26.205(c) AND (d)

Calvert Cliffs Nuclear Power Plant, LLC July 21, 2011

ATTACHMENT (1)

PROPOSED EXEMPTION FROM 10 CFR 26.205(c) AND (d)

Request for the Exemption Calvert Cliffs Nuclear Power Plant, Units 1 and 2 are located in Calvert County, along the western shore of the Chesapeake Bay, about 10.5 southeast of Prince Frederick, Maryland. As such, the site can be impacted by tropical storms and hurricanes during the hurricane season defined by the National Weather Service and can be impacted by severe winter precipitation conditions typically during January and February.

Title 10 CFR Part 26, Subpart I, Managing Fatigue, was implemented in 2009. Subpart I of 10 CFR Part 26 includes Parts 26.205(c) and (d), which establishes 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.

The proposed exemption is needed to support effective response to severe weather conditions when travel to and from the Calvert Cliffs site may not be safe or even possible. During these times, Calvert Cliffs plans to sequester sufficient individuals, including covered workers, to staff two 12-hour shifts to maintain safe and secure operation of the facility. The duties identified in 26.4(a)(1) through (a)(5) performed by these individuals are:

(1) 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; (2) Performing health physics or chemistry duties required as a member of the onsite emergency response organization minimum shift complement; (3) Performing the duties of a fire brigade member who is responsible for understanding the effects of fire and fire suppressants on safe shutdown capability; (4) Performing maintenance or onsite directing of the maintenance of structures, systems, and components (SSCs) that a risk informed evaluation process has shown to be significant to the public health and safety; and (5) Performing security duties as an armed security force officer, alarm station operator, response team leader, or watchperson.

The proposed exemption provides for use of whatever plant staff resources may be necessary to respond to a plant emergency and ensure that the Units maintain a safe and secure status and can be safely restarted, if shutdown was required. Maintenance activities for SSCs that are significant to public health and safety are performed, if required, to maintain the Units in a safe and secure status or to assure the ability of the plant to safely restart. The proposed exemption does not include discretionary maintenance.

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 proposed exemption would apply. Because of the importance and high priority assigned to restoration of electrical power to the area affected by the storm, Calvert Cliffs does not consider work required to allow the plant to restart following a storm to be discretionary. Examples of activities involving the SSCs which may be performed include:

• Technical Specification Surveillances

• Maintenance needed to assure that Technical Specification SSCs 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 I

ATTACHMENT (1)

PROPOSED EXEMPTION FROM 10 CFR 26.205(c) AND (d)

• 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 the power of the grid

• Maintaining the security of the site During the exemption period, Calvert Cliffs may meet the conditions for entering the Emergency Response Plan. The declaration of a wind-related Unusual Event occurs when the sustained wind speed is greater than 75 mph. An Alert would be declared if the sustained wind speed is greater than 100 mph and resulted in visible damage to plant equipment or structures needed for safe shutdown; or affected safety system performance is degraded indicating damage to safety systems. Since 10 CFR 26.207(d) states that licensees need not meet the requirements of 10 CFR 26.205(c) and (d) during declared emergencies, the exemption is not needed for covered workers during the period of a declared emergency. However, the proposed exemption would be applied to the period established by the entry and exit conditions defined below, regardless of whether an emergency is declared or not. The proposed exemption period bounds the period for a declared emergency condition due to weather-related conditions. As a result, it establishes one set of entry and exit conditions for the exemption period, rather than multiple entry and exit conditions when transitioning to and from a declared emergency condition.

Calvert Cliffs procedure ERPIP 3.0, Attachment 20, Severe Weather, and EP-1-108, Severe Weather Preparation, provide guidance for preparing the plant due to impending severe weather. EP-1-108 provides specific guidance for the process of sequestering required personnel and establishing shift staffing during and immediately following the storm. It includes provisions for augmenting required personnel by recalling the Emergency Response Organization and/or the Outage Control Center organization. During preparations for a storm, required personnel are released, if possible, to prepare their homes and families for the approaching storm. The required personnel return to site in sufficient time to staff their designated posts. Personnel who are not required to respond to the storm are released from site. However, a fast moving storm or a storm that unpredictably changes direction may not allow required personnel time off prior to being sequestered.

Although the proposed exemption covers the requirements of 10 CFR 26.205(c) and (d) during implementation of ERPIP 3.0, Attachment 20, opportunities for restorative sleep are maintained. Shift staffing during severe weather is sufficient that it is expected that personnel will be allowed a 12-hour break between successive work periods, thereby meeting the work hour limits of 10 CFR 26.205(d)(1).

While meeting the work hour limits in 10 CFR 26.205(d)(2)(ii) and 26.205(d)(3) are considered the primary challenge during severe weather, personnel may be faced with unforeseen challenges, therefore it is prudent to request that Calvert Cliffs be granted an exemption from all of the requirements of 10 CFR 26.205(c) and (d).

Entry Conditions The site preparations are implemented at the direction of the General Supervisor - Online Scheduling and the Operations Shift Manager. Enough individuals (including covered workers) are sequestered to maintain the safe and secure operation of the Units. These personnel are augmented by Emergency Response Organization and Outage Control Center personnel based on the severity of the storm. Areas of the site are designated as rest areas and are sufficiently stocked and appropriately remote to allow for restorative sleep for personnel who are not on shift.

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ATTACHMENT (1)

PROPOSED EXEMPTION FROM 10 CFR 26.205(c) AND (d)

Exit Conditions 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 or access challenges caused by the storm. Typically, access to the plant site area following a storm is controlled by the 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 10 CFR 26.205(c) and (d), full compliance with the work hour rule can be met. Senior plant management will make this decision.

Justification for the Exemption Pursuant to 10 CFR 26.9, Specific Exemptions, the Commission may grant exemptions from the requirements of 10 CFR Part 26 provided that a determination is made 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. These factors are discussed below.

(1) Authorized by law The NRC has authority to grant exemptions from the requirements of 10 CFR 26.205(c) and (d).

Additionally, granting of the proposed exemption does not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions' regulations. Therefore, the exemption is authorized by law.

(2) Will not Endanger Life or Property or the Common Defense and Security 10 CFR 26.207 provides an exception to the requirements of 10 CFR 26.205 (c) and (d) during declared emergencies as defined in the 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. As such, the proposed exemption does not endanger life or property and does not adversely affect the common defense and security.

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 involve 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. Additionally, the proposed exemption does not make any changes to the facility and would not create any new accident initiators. Therefore, this proposed exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated. Since the proposed exemption does not alter the design, function or operation of any plant equipment, the proposed exemption does not involve a significant reduction in the margin of safety.

(3) 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 Emergency Response Plan. The exemption is needed for a unique set of circumstances to ensure that the control of work hours and management of worker fatigue does not 3

ATTACHMENT (1)

PROPOSED EXEMPTION FROM 10 CFR 26.205(c) AND (d) impede the ability to use available staff resources to respond to the severe weather threat and ensure the plant maintains a safe and secure status. Therefore, the public interest is served by this focus on nuclear safety and security.

Environmental Assessment Calvert Cliffs is requesting an exemption from certain requirements of 10 CFR Part 26 for Calvert Cliffs Nuclear Power Plant, Units I and 2. Specifically, Calvert Cliffs is requesting 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 and severe winter precipitation. The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exemption.

Calvert Cliffs has 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 not significant increase in individual or cumulative public or occupational radiation exposure; that there is no construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirements for which an exemption is being requested involve work hour scheduling requirements. Accordingly, the proposed 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 need be prepared in connection with the issuance of this proposed exemption request.

Commitments The following'action is committed to by Calvert Cliffs in this document. Any other statements in this submittal are provided for information purposes and are not considered to be regulatory commitments.

The following information will be maintained in site or corporate procedures:

(1) The entry conditions necessary to sequester site personnel that are consistent with the conditions specified in the exemption request.

(2) Provisions for ensuring that personnel not performing duties are provided an opportunity as well as accommodations for restorative rest.

(3) The exit conditions for departure from the exemption consistent with the conditions specified in the exemption request.

This information will be incorporated in the appropriate procedures before the exemption is invoked and no later than 120 days from exemption approval.

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