ML23142A160

Summary of April 11, 2023, Public Observation Meeting with Constellation Energy Generation, LLC Re Proposed Exemption Request from Work Hour Requirements

ML23142A160
Person / Time
Site:	Peach Bottom
Issue date:	05/23/2023
From:	Audrey Klett Plant Licensing Branch 1
To:	Rhoades D Constellation Energy Generation, Constellation Nuclear
Drake J
References
EPID L-2023-LRM-0021
Download: ML23142A160 (1)

Text

May 23, 2023

Mr. David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 -

SUMMARY

OF APRIL 11, 2023, PUBLIC OBSERVATION M EETING WITH CONSTELLATION ENERGY GENE RATION, LLC RE. PROPOSED EXEMPTION REQUEST FROM WORK-HOUR REQUIREMENTS (EPID L-2023-LRM-0021)

Dear Mr. Rhoades:

On April 11, 2023, the U.S. Nuclear Regulator y Commission (NRC) staff held a virtual public meeting1 with Constellation Energy Generation, LLC (Constellation or the licensee). The purpose of the meeting was to discuss the licens ees plans to submit an exemption request from certain work-hour requirements in Title 10 of the Code of Federal Regulations (10 CFR),

Part 26, Fitness for Duty Programs. The enclosure to this summary contains a list of attendees. The licensees presentation slides are available in Agencywide Documents Access and Management System (ADAMS) under Accession No. ML23094A149.

During the meeting, the licensee discussed its plans to submit a one-time exemption request from the work-hour controls in 10 CFR, Part 26 (similar to the exemptions approved for the COVID-19 public health emergency (PHE)) for operations and fire brigade work groups to support its next refueling outage on Unit 3. Constellation planned to submit the request in April 2023 and request NRCs review be com plete in early September 2023. Constellation indicated that the exemption would be part of pilot program to further evaluate the feasibility of improving outage safety by reducing key team turnover frequency and, if the exemption was approved, Constellation indicated it would likely subm it similar exemptions for other plants in the Constellation fleet. Constellation indicated that it is not considering filing a petition under 10 CFR 2.802, Petition for rulemakingrequirements for filing, to request a change to 10 CFR Part 26 regulations at this time.

Constellation presented (ML23094A149) specific alternative work-hour requirements and controls it would request and discussed its posit ive experience with using alternative work-hour requirements. Constellation discussed its reasons for the planned request, including improving scheduling efficiencies, preparation, proficiency, and teamwork during periods of critical operations activities, reducing overall risk to the plant. Constellation discussed how its request would meet the requirements in 10 CFR 26.9, Specific Exemptions. Constellation discussed

1 The meeting notice and agenda, dated Marc h 24, 2023, are available at ML23095A055.

D. Rhoades

the regulatory basis for the COVID-19 PHE exemptions as being applicable to this request for demonstrating that the request would not endanger life or property or the common defense and security. Constellation also discussed that its request would otherwise be in the public interest because it would improve outage efficiency and reduce turnover of key team personnel during critical outage activities and, thus, result in greater efficiency and improved safety, keeping experienced personnel dedicated within sub-teams, and reducing potential communication errors.

The NRC staff provided general information for the licensees awareness and consideration.

The NRC staff discussed that agency policy (76 FR 22802) has continued to acknowledge that cumulative fatigue is caused by consecutive days of restricted or poor-quality sleep caused by such things as shiftwork, extended workdays, and extended work weeks. The NRC staff also discussed the basis for the final rule (73 FR 16966) for fitness-for-duty (FFD) programs. For example, the FFD rulemaking notes, in part, that [sleep deprivation] presents particular difficulties for decisionmaking involving the unexpected, innovation, revising plans, competing distraction and effective communication. Regarding the effects of fatigue on cognitive abilities and, more specifically, communications and teamwork, the FFD rulemaking states (73 FR 16979-16980):

Fatigue affects skills important to wri tten and oral communication and teamwork.

Fatigue degrades speech articulation, verbal fluency, grammatical reasoning (the ability to process oral and written instructions), and memory (Harrison and Horne, 1997; 1998). Studies of individuals in simulated combat and command and control conditions have shown that fatigue slows the encoding, decoding, and transcription of information (Banderet, 1981; Angus and Heslegrave, 1985).

Fatigued individuals also tend to be less communicative and have greater difficulty performing multiple tasks concurrently, as demonstrated in simulated aircraft cockpit tasks requiring monitoring and communications (Pascoe, et al.,

1995; Harrison and Horne, 2000). These effects have been found in the analysis of incidents and accidents.

The NRC staff noted that in a past instance where the agency used enforcement discretion to provide greater flexibility in minimum day off requirements, a key consideration was that the maximum hours that could be worked under the alternative approach still remained comparable to the maximum hours allowed under the existing minimum day off requirements (76 FR 22802).

The NRC staff noted that the PHE exemptions that allowed the alternate control of working 12-hour shifts for 14 consecutive days were predicated on the existence of a sudden and potentially long-term reduction in available facility staffing that was not considered during the rulemaking that established work hour controls of 10 CFR 26.205(d). The NRC staff noted that in light of the PHE, those alternate controls were intended to allow licensees flexibility in management of personnel resources to maintain plant operational safety during a period when facility staffing was reduced by the PHE (ML20087P237). The NRC staff noted that conditions at that time were significant potential for severe illness and loss of life, with potential for widespread facility staffing reductions, to compromise the ability of plants to remain online and maintain stability of the electrical grid.

The NRC staff questioned whether a lack of operat ional events constitutes proof that reduced safety margins were not created or that potential safety challenges did not occur. Regarding a reduction in outage workers traveling from other plants allows those operating plants to retain a larger portion of their workforce, the NRC staff questioned why the work-hour controls for those operating plants (set well above a routine 40-hour week) in conjunction with adequate staffing D. Rhoades

levels would not be sufficient to complete the needed work at those facilities. Regarding Constellations perspective that short outage durations do not provide windows where required days off can be accommodated without affecting safe execution, the NRC staff noted that neither outage work hour limits nor the alternative work hour requirements limit outage durations.

The NRC staff noted that aside from the mechanisms of exemptions under 10 CFR 26.9, the provisions of 10 CFR 2.802 allow for petitions for rulemaking, whereby any person may request that a regulation under 10 CFR be amended or rescinded entirely. The NRC staff also expressed concerns about the licensees requested turnaround time for NRCs review of the exemption. The NRC staff did not make any regulatory decisions at the meeting.

No members from the public attended the meeting. The NRC staff did not receive any public meeting feedback forms.

Please direct any inquiries to me at 301-415-0489 or by email to Audrey.Klett@nrc.gov.

Sincerely,

/RA/

Audrey L. Klett, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-277 and 50-278

Enclosure:

List of Attendees

cc: Listserv LIST OF ATTENDEES AT APRIL 11, 2023, PUBLIC MEETING PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3

U.S. Nuclear Regulatory Commission Constellation Energy Generation, LLC Audrey Klett Ashley Rickey DaBin Ki Brandon Dewalt David Desaulniers David Gullott Ed Miller Erik Frederickson Elena Herrera Torres Frank Mascitelli Hipo Gonzalez Kevin Lueshen Jamie Heisserer Linda Palutsis Jesse Seymour Ryan Stiltner Neil Sheehan Timothy Grimme Scott Burnell Wade Scott Scott Wall Theresa Buchanan

Enclosure

Summary &

Enclosure:

ML23142A160 Licensee Presentation: ML23094A149 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DRO/IOLB/TL (A)

NAME AKlett KEntz JSeymour DATE 5/19/2023 5/23/2023 5/19/2023 OFFICE NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME HGonzález AKlett DATE 5/23/2023 5/23/2023