ML20198Q125
| ML20198Q125 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 11/06/1997 |
| From: | Meisner M Maine Yankee |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| MJM-97-20, MN-97-125, NUDOCS 9711120116 | |
| Download: ML20198Q125 (7) | |
Text
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..o MaineYankee w o*at tiTchoty na uAINE siutt 199
. F-i x ( 408 WISCASSET. MAINL 04576 (204 B824321 November 6,1997 MN 97125 h0M 97 20 UNITED STATES NUCLEAR REG ' ATORY COMMISSION Attention: Document Control Desk Washington, DC 20555
References:
(a) License No. DpR 36 (Docket No. 50-309)
(b) Letter: M.13. Sellman to USNRC; Cc.tifications of Pennanent Cessation of Power Operation and Pennanent Removal of Fuel from the Reactor; MN 97 89, dated August 7.1997
Subject:
10 CFR 26, Fitness For Duty Programs Gentlemen:
In Reference (b), Maine Yankee infonned the USNRC that the Board of Directors of Maine Yankee had decided to pennanently cease operations at the Maine Yankee Plant and that the fuel had been pennanently removed from the reactor. In accordance with 10CFR50.82(a)(2),
the certifications in the letter modified the Maine Yankee license to pennanently withdraw Maine Yankee's authority tc operate the reactor and place fuel in the reactor vessel. As a consequence of these certifications, the t elevance of the Fitness For Duty Programs Rule has changed.
The Fitness For Duty Programs Rule,10 CFR 26. requires licensees authorized to operate a nuclear power reactor to establish and maintain fitness for-duty programs and procedures which meet the requirements and standards of pan 26. Specifically the regulations in part 26 apply to:
26.'e(a)- 1.icensees authorized to operate a nuclear power reactor; licensees authorized to possess or use fonnula quantities of Strategic Special Nuclear Material (SSNM); and licensees authorized to transport fomuita quantities of SSNM.10CFR26.2(a) funher directs which licensee personnel the provisions of part 26 apply to.
)l 26.2(c)- Licensees holding permits to construct a nuclear power plant.
26.2(d) - Corporations required to obtain a cenificate in accordance with part 76 (Certification of Gaseous Diffusion Plants).
10CFR26.2(h) funher detines panicuh r personnel and licensees which are exempt from part 26:"The regulations in this part do not apply to spent fuel storage facility licenso-s or non-power reactor licensees who possess, use, or transport fonnula quantities ofirradiawd SSNM as these materials are exempt f.om the category I physical protection requirements as set forth in 10CFR73.6." [ Although Maine Yankee is a spent fuel storage facility licensee, it appears this exemption pertains only to SSNM licensees.)
MaineYankee UNI FED STATES NUCLEAR REGULATORY COMMISSION MN 97-125 Attention: Document Control Desk Page Two With regard to 10CFR26.2(a),(c), and (d), the Maine Yankee 10CFR50 license no longer authorizes operation of a nuclear power reactor; Maine Yankee is not authorized to possess, use, or transport formula quantities of SSNM; Maine Yankee no longer holds a construction permit; and 26.2(d)is not applicable to a pre surized water reactor licensee. Therefore the regulations in part 26 no longer apply to Maine Yankee. Further discussion is ontained in Attachment 2.
As a practical matter (but not as a matter of regulatory compiiance or commitment) , Maine Yankee currently intends to maintain its fitness for-duty program and procedures to be in agreement with the standards of 10 CFR 26, with the annual testing rate exception taken below. The program would remain applicable to all persons granted unese. sted access to nuclear power plant protected areas and to personnel required to physically report to the Technical Support Center or Emergency Operations Facility in accordance with the Maine Yankee Emergency Plan. During the first quarter of 1998, Maine Yankee intends to reduce the random testing annual rate from at least 50 percent of the workforce [10CFR26.24(a)(2)],
to at least 10 percent.
Maine Yankee is planning to physically isolate the systems important to storage, control, and maintenance of spent fuel in a safe condition from those systems being decommissioned.
Appropriate Security Plan changes will be processed in accordance with 10CFR50.54 ano 10CFR73 to reduce me protected area to those systems important to spent fuel safety.
Although not required by regulations (nor constituting a commitment), Maine Yankee also currently intends to apply a fitness for-duty program to personnel involved with decommissioning activities in the plant.
We recognize that NRC views on the relevance of 10CFR26 to permanently shutdown facilities have not been finalized. Should the NRC believe that exemption to 10CFR26 is required, please consider this submittal a request for exemption in accordance with 10CFR26.6 as discussed in Attachment 1.
Very trul urs, ,
h '4iae J. Meisner Vice President N Safety & Regulatory Affairs Attachments (2) cc: Mr. Ilubert Miller Mr. Richard A Rasmussen Mr Michael Webb Mr. Patrick J. Dostie Mr. Uldis Vanags Mr. Michael T. Masnik
i i
Attachment I ,
Page1of3 MN-97125 REQUEST FOR EXEMPTION FROM TITI.E 10 OF Tile CODE OF FEDERAL REGULATIONS, PART 26.24(a)(2) and 26.71(d)
I, REQUEST FOR EXEMPTION:
Maine Yankee hereby requests exemption in accordance with 10CFR26.6, Exemptions, from the ;
specific requirement of 10CFR26.24(a)(2) which requires that " Random testing must be conducted at an annual rate equal to at least 50 percent of the workforce." Maine Yankee instead proposes to
, conduct random testing at an annual rate equal to at least 10 percent of the workforce.
Maine Yankee also requests exemption in accordance with 10CFR26.6 from the specific requirement of 10CFR26.71(d) which requires licensees to " Collect and compile fitness for-duty program performance data on a standard form and submit this data to the Commission within 60 days of the end ofeach 6-month reporting period (January June and July-December). Maine Yankee instead proposes to submit the data to the Commission wit hin 60 days of the end of an annual report period (January December).
In order to support current plans for implementation, exemption approval is requested by 1/30/98. ,
II. HACKGROUND i On August 7,1997, Maine Yankee submitted " Certifications for Permanent Cessation of Power Operation nd Permanent Removal of Fuel from the Reactor" pursuant to 10CFR50.82(a)(1)(i) and (ii). With 'he docketing of this submittal, Maine Yankee was no longer authorized to operate the reactor or to place fuel in the reactor vessel in accordance with 10CFR50.82.
In the defueled condition personnel have no or limited capability to affect reactivity, power level, or structural integrity of the fuel. As of this date, time to boil in the fuel pool upon loss of all cooling is over 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br />. The future number of fuel handling evolutions will be very limited in number and require the combined efforts of several trained personnel. No one individual will have the capability to perfonn an evolution, intentionally or inadvertently, which will compromise the health and safety of the public in a time too short to avoid detection and corrective action.
Maine Yankee will maintain the fuel in the fuel pool using simple fluid and electrical system configurations. This equipment will not require the extensive use of transient contract personnel on a periodic basis common to maintenance eutages ofoperating commercial power plants. Almost all the employees which remain within the fitness-for-duty program scope will be long term employees.
Attachment I Page 2 0f 3 hiN 97-125 III. JUSTIFICATION FOR GRANTING TIIE EXEMPTION REQUEST The specific requirements for granting exemptions from Pan 26 regulations are set fonvard in 10CFR26.6. The Commission may grant exemptions as it determines are authorized by law and will not endanger life or propedy or the common defense and security and are othenvise in the public interest.
With regard to the requirement that random drug testing be conducted at a rate equal to 50% of the work force, Maine Yankee maintains that the 50% rate is (1) excessive based on the results of testing since inceptien of the program at Maine Yankee,(2) is excessive considering the stability and age of the nuclear workforce which is atypical of the population in general with regard to drug use (54FR24468), (3) creates an excessive administrative burden for a single asset utility whose sole production facility is permanently shut down.
Maine Yankee recognizes that at the inception of the fitness-for-duty rule, the Commission did not have the data tojustify an effective sampling rate. Rates as low as 5% and as high as 300% were proposed. Initially 10CFR26 required testing at a 100% rate. This was subsequently reduced to 50%.
In the case cf Maine Yankee, a shutdown and defueled facility, a lower testing rate is appropriate.
Since the inception of Maine Yankee's fitness-for-cuty program, January 1,1990, through June 30,1997 there have been 12 positive random tests out of a total of 6033 random tests administered or a rate of 0.199%. Of the total, Maine Yankee employees accounted for 4 instances, long term contractors for 1 instance, and short tenn contractors for 7 instances. (Reference (1)).
With the facility in a permanent shut down condition and the fuel removed from the reactor evolutions which can a:Tect reactivity or spent fuel cooling are limited or impossible. The few plant systems required to be operational are of simple design and easily monitored. The only active systems, associated with spent fuel pool cooling, can be deactivated for as long as 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> without approaching boiling in the fuel pool. (Testing currently undenvay is demonstrating a pool heatun rate ofless than 0.5 degrees per hour) Evolutions such as heavy load handling in the fuel building or moving stored fuel within the pool will be engineered activities involving several operators and other staff personnel. Consequently Maine Yankee believes tnat aberrant behavior by any one individual is not likely to compromise the systems and structures required to insure safe storage of fuel without detection in a timely manner.
Random testing, at any rate, serves primarily as a dis incentive for personnel to use drugs recreationally. Even at the elevated testing rates currently in effect, random testing is not envisioned to prevent any one individual from reporting to work under the influence of drugs. The behavior observation programs coupled with testing for cause are the primary barriers intended to provide on the spot tests for worker capsbility.
The requested exemptions do not remove the incentive for employees to maintain a d ug free work place since the probability for random tests to be administered continues, in addition, Maine Yankee would continues with pre-Access and For Cause testing which has proven to be the most effective means for maintaining a safe and drug free work environment.
Attachment 1 Page 3 of 3 MN 97-125 Similarly, Maine Yankee maintains the requirement that data be compiled and submitted every 6 months is excessive and a burden for a shutdown and defueled facility which is the sole asset of Maine Yankee. The Commission has recognized that the need for semi annual reporting of data is ra:cly required and is a burden to both the licensee and the stafT. The commission has previous 6y detemiined semi-annual reporting requirements for radiological efiluent reports was excessive and allowed Licensees to report on an annual basis.(10CFR50.36a(a)(2)).
In order to gather data at a rapid rate, initially semi annual reporting requirements may have been useful in building a statistically valid data base. Maine Yankee contends that annual reponing for a shut down and defueled facility is sufficient to maintain the data base current. Maine Yankee has documented 15.598 tests since 1990. Since over 100 facilities are within the scope of 10CFR26, the Commission now has statistic;d data based on over 1.5 million tests conducted on a relatively
~
small and well identi. ed work force. Maine Yankee believes that the semi-annual reporting requirement can now be relaxed to an annual reporting requirement frequency. An annual reporting frequency will in no way compromise the statistical validity of the data or deprive the Commission ofinformation required to make future decisions with regard to aspects of the rule.
10CFR26.8 estimates that the total burden for record keeping and reporting at 313 hours0.00362 days <br />0.0869 hours <br />5.175265e-4 weeks <br />1.190965e-4 months <br /> per site per year. For Maine Yankee, as the workforce in the program diminishes with the dismantlement of the facility, the proportion of resources dedicated to maintaining the program grows proportionately. The 50% random test rate and the semi annual requirement for reporting contribute significantly to the overall burden represented by the part 26.8 estimate. For this reason, Maine Yankee, a shutdown and defueled facility, believes a reduction in the random test rate to 10% and reporting on an annual basis are appropriate and in the public interest.
IV. CONCI,USION Maine Yankee hrs concluded that the requested exemption from 10CFR26 is justified. it is authorized by law and will not endanger life or property or 15 ommon defense and security and are otherwise in the public interest.
V. ENVIRONMENTAL, IMPACT Pursuant to the provisions of 10CFR26.6, Maine Yankee is requesting exemption to the requirements of 10CFR26.24(a)(2) which requires that " Random testing must be conducted at an annual rate equal to at least 50 percent of the workforce" and 10CFR26.71(d) which requires licensees to " Collect and compile fitness-for-duty program perfomiance data on a standard form and submit this data to the Commission within 60 days of the end of each 6 month reporting period (January-June and July December)." Maine Yankee instead proposes to conduct random testing at an annual rate equal to at least 10 percent of the workforce and submit data on an annual basis. The proposed exemption does not affect the type or quantity of radioactive or non-radioactive efnuents and does not have a significant impact on the environment.
VI. REFERENCES (1) Letter: J.R. Ikbert to USNRC;" Fitness-for Duty Perfomiance Data"; MN 90; . August 6,1997
t Attachment 11 Page 1 of 2 MN 97125 A*lTACilMENT 11 APPL.lCAHil.ITY OF TITI.E 10 OF Tile CODE OF FEDERAL, REGUI.ATIONS, PART 26 1, ilACKGROUND On August 7,1997, Maine Yankee infonned the USNRC that the Board of Directors of Maine Yankee had decided to pennanently cease operations at the Maine Yankee Plant and that the fuel had been pennanently removed from the reactor. In accordance with 10CFR50.82(a)(2), the certifications in the letter modified the Maine Yankee license to pennanently withdraw Maine Yankee's authority to operate the reactor and place fuel in the reactor vessel. As a consequence of these certifications, the nature of Maine Yankee's compliance with Fitness For Duty Programs Rule has changed.
- 11. REGUI.ATIONS On September 22,1988, the Nuclear Regulatory Commission (NRC) published in the Federal Register (53 FR 38795) proposed amendments that would issue a new regulation 10 CFR Part 26," Fitness for-Duty Prognun," which would " require licensees who are authorized to construct or operate nnelear power reactors to implement a fitness for-duty program" that met the uniform standards established by the rule to promote the public health and safety. The Commission took this action to significantly increase assurance of public health and safety. The proposed rule was written to apply to all persons granted unescorted access at operating nuclear power reactors (Reference 1), in response to questions concerning the scope of the rule, the NRC stated "The NRC sees no reason at this time to extend coverage of the rule to other facility types. No modifications to the rule are required to satisfy the concems addressed by the comments, because the rule is presently limited to nuclear power reactors. The NRC may consider extending the coverage of the rule at a future time." Specifically 10CFR26.2(a) stated "The regulations in this Part apply to licensees cuthorized to operate a nuclear power reactor" 10CFR26.2(b) stated "Cednin regulations in this Part apply to licensees holding permits to construct a nuclear power plant."
The final rule was published on June 7,1989.
Subsequent to the initial rulemaking, the NRC did propose rulemaking which extended coverage of Part 26 beyond licensees authorized to construct or operate nuclear power plants. On 6/3/93, the NRC amended its regulations to require licensees wlm are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) to institute fitness for duty programs. The amended regulation was " limited to licensees who are authorized to possess, use, or transport unirradiated Category 1 Material."(Reference 2) in the final rule the tenn " Category l A" was substituted to limit chemical testing to those who have unescorted access to casily concealed SSNM. As noted in the backfit analysis, this amendment did not impose requirements on existing 10 CFR part 50 licensees.
Pan 26 was again modified on 9/23/94 to increase its scope to gaseous diffusion plants (Reference 4).
Modifications to the Fitness for Duty Program Requirements not aflicting the scope of the rule also clearly identify the scope of the mle in their respective Statements of Consideration. For example, in the summary section of Reference 3, the fmal rule which reduced random testing rates stated "The Nuclear Regulatoiy Commission (NRC) is amending its regulations geverning fitness-for-duty (FFD) programs that are applicable to licensees who are authorized to construct or operate nuclear power reactors and to licensees authorized to possess, use, or transpon formula quantities of strategic special nuclear material (SSNM)."
Attachment 11
. Page 2 of 2 h1N 97-125 10CFR26.2(a) (last modified on 9/23/1994) states "The regulations in this part apply to licensees authorized to operate a nuclear power reactor, to possess or use formula quantities of SSNhi, or to transpod formula quantities of SSNhi." No other paragraph in 10CFR26.2 (Scope) expands the ar.plicability to spent fuel storage facility licensees which are no longer authorized to operate a nuclear power reactor.
III. DISCUSSION When the Part 26 rulemaking was promulgated, the NRC repeatedly stated that the regulations were applicable to licensees authorized to operate or construct a nuclear power reacior. A nuclear reactor is defined in 10CFR50.2 as "an apparatus other than an atomic weapon, designed or used to sustain nuclear fission in a self supponing chain rea; tion." In the Statements of Consideration for subsequent part 26 rulemaking, the NRC has continued to state the applicability.10CFR50.82(a)(2) specifically states that "upon docketing of the cedifications for permt.;.ent cessation of operations and permanent removal of fuel from the reactor vessel, or when a final legally effective order to permanently cease operations has come into effect, the 10CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel."
REFERENCES
- 1. 54 FR 24468, published 6/7/89,10CFR Part 26, Fitness for-Duty Program. Statements of Consideration
- 2. 58 FR 31467, published 6/3/93,10CFR Part 26, Fitness-for-Duty Program, Statements of Consideration, Fitness-for Duty Requirements for Licensees Authorized To Possess, Use, or Transport Fonnula Quantities of Strategic Special Nuclear hiaterial
- 3. 59 FR 502, published 1/5/94,10CFR Part 26, Fitness for-Duty Program, Statements of Consideintion, hiodifications to Fitness-For-Duty Program Requirements
- 4. 59 CFR 48944, published 9/23/94,10CFR Part 76, Ccrtification of Gaseous Diffusion Plants, Statements of Consideration
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