CNL-24-073, Request for Exemption from Requirements of 10 CFR 26.205, Fitness for Duty Programs - Work Hours

Request for Exemption from Requirements of 10 CFR 26.205, Fitness for Duty Programs - Work Hours

ML24332A119
Person / Time
Site:	Sequoyah
Issue date:	11/27/2024
From:	Hulvey K Tennessee Valley Authority
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
CNL-24-073
Download: ML24332A119 (1)

Text

1101 Market Street, Chattanooga, Tennessee 37402 CNL-24-073 November 27, 2024 10 CFR 26.9 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Sequoyah Nuclear Plant, Unit 2 Facility Operating License No. DPR-79 NRC Docket No. 50-328

Subject:

Request for Exemption from Requirements of 10 CFR 26.205, "Fitness for Duty Programs - Work Hours" Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 26.9, Specific exemptions, Tennessee Valley Authority (TVA) is requesting Nuclear Regulatory Commission approval of the enclosed one-time exemption request for the Sequoyah Nuclear Plant (SQN),

Unit 2 from the specific requirements of 10 CFR 26.205, Fitness for Duty Programs - Work Hours. The requirements of 10 CFR 26.205(d)(4) permit the use of less restrictive work hour limitations during the first 60 days of a unit outage. The proposed exemption would allow the use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) to support activities during a specific maintenance window in the ongoing SQN Unit 2 extended turbine generator outage. The period of the proposed exemption would commence on a date/time noted in the Certrec fatigue rule management system, commencing no earlier than January 6, 2025, and no later than January 31, 2025, applicable for a period not to exceed 21 days.

The proposed exemption would apply to the personnel performing the duties as described in and as defined in 10 CFR 26.4(a)(1), (a)(2), and (a)(4). These personnel are critical for the successful completion of the SQN Unit 2 turbine generator outage. Details and supporting analysis for the exemption request are provided in Enclosure 1. An environmental assessment supporting the exemption request is provided in Enclosure 2.

To allow for update of applicable procedures and work hour control systems in advance of the planned January 6, 2025, start date for the exemption period, TVA requests approval of this exemption request by December 31, 2024.

U. S. Nuclear Regulatory Commission CNL-24-073 Page 2 November 27, 2024 There are no new regulatory commitments associated with this submittal. Please address any questions regarding this request to Amber V. Aboulfaida, Senior Manager, Fleet Licensing, at avaboulfaida@tva.gov.

Respectfully, Kimberly D. Hulvey General Manager, Nuclear Regulatory Affairs & Emergency Preparedness

Enclosures:

1. Request for Exemption from Requirements of 10 CFR 26.205

2. Environmental Assessment cc (Enclosures):

NRC Regional Administrator - Region II NRC Senior Resident Inspector - Sequoyah Nuclear Plant NRC Project Manager - Sequoyah Nuclear Plant Digitally signed by Edmondson, Carla Date: 2024.11.27 10:41:27 -05'00' CNL-24-073 E1-1 of 6 Request for Exemption from Requirements of 10 CFR 26.205 I.

SUMMARY

Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 26.9, Specific exemptions, Tennessee Valley Authority (TVA) hereby requests a one-time exemption needed to support the ongoing Sequoyah Nuclear Plant (SQN), Unit 2, extended turbine generator outage, to allow the use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) to support activities during a specific maintenance window for workers in these categories:

Operations [10 CFR 26.4(a)(1)] personnel activities include startup and return to service of plant systems, surveillance testing, post maintenance testing, and reactor restart activities.

Health Physics [10 CFR 26.4(a)(2)] personnel activities include support of operations and maintenance personnel accessing plant areas designated as radiologically controlled areas.

Chemistry [10 CFR 26.4(a)(2)] personnel activities include chemistry sampling and chemical additions.

Maintenance [10 CFR 26.4(a)(4)] personnel activities include technical specification surveillance testing, support of valve and instrument lineups, completion of post maintenance testing for returned to service equipment, response to emergent equipment issues, and other activities required to return Unit 2 to service.

II.

APPLICABLE REGULATIONS AND GUIDANCE Applicable regulations and guidance pertaining to the proposed exemption are described below.

10 CFR 26.9, Specific exemptions, states:

Upon application of any interested person or on its own initiative, the Commission may grant such exemptions from the requirements of the regulations in 10 CFR 26 as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

10 CFR 26.4(a) defines the categories of individuals that are subject to the work hour controls specified in 10 CFR 26.205. These categories include:

(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 SSCs that a risk-informed evaluation process has shown to be significant to public health and safety; and (5) Performing security duties as an armed security force officer, alarm station operator, response team leader, or watchman, hereinafter referred to as security personnel.

The proposed exemption to 10 CFR 26.205(d)(4) applies to individuals in categories (1), (2),

and (4) above.

CNL-24-073 E1-2 of 6 10 CFR 26.205(d)(4) provides the following requirements:

During the first 60 days of a unit outage, licensees need not meet the requirements of

§ 26.205(d)(3) or (d)(7) for individuals specified in § 26.4(a)(1) through (a)(4), while those individuals are working on outage activities. However, the licensee shall ensure that the individuals specified in § 26.4(a)(1) through (a)(3) have at least 3 days off in each successive (i.e., non-rolling) 15-day period and that the individuals specified in § 26.4(a)(4) have at least 1 day off in any 7-day period; Regulatory Position C.10 from Regulatory Guide 5.73, Fatigue Management for Nuclear Power Plant Personnel, dated February 2009, states:

Licensee employees and contractor/vendor personnel may go from an outage at one site to an outage at another site. When a licensee employee or contractor/vendor performs covered work for a licensee during two or more unit outages or security system outages (or a combination thereof), and the interval(s) between successive outages is less than 9 days, the receiving licensee should determine that the individual has had a 34-hour break period within the 9 days that precede the day on which the individual begins working for the receiving licensee. In addition, when the individual begins work for the receiving licensee, the licensee should ensure that individuals hours worked did not and will not exceed the following limits:

1. 16 work hours in any 24-hour period

2. 26 work hours in any 48-hour period

3. 72 work hours in any 7-day period III.

PROPOSED EXEMPTION TVA is requesting a one-time exemption pursuant to 10 CFR 26.9, for SQN Unit 2, to allow the use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) for workers in categories 26.4(a)(1), (2), (4) to support activities during a specific maintenance window in the ongoing SQN Unit 2 extended turbine generator outage.

The period of the proposed exemption would commence on a date/time noted in the Certrec fatigue rule management system, commencing no earlier than January 6, 2025, and no later than January 31, 2025, applicable for a period not to exceed 21 days.

IV.

BASIS FOR PROPOSED EXEMPTION JULY 2024 TO MID-JANUARY 2025 On July 30, 2024, SQN Unit 2 commenced an extended turbine generator outage. This was an unplanned shutdown. In accordance with 10 CFR 26.205(d)(4), the 60-day period allowed for outage work hour rules; (i.e., 72-hour work weeks), expired on September 29, 2024.

The outage remains in progress as of the date of this submittal and is scheduled to be completed in early April 2025.

CNL-24-073 E1-3 of 6 Due to the unplanned nature of the shutdown last July, testing of main steam safety valves (normally performed as the unit is being shut down) was not completed. To provide the plant conditions needed for this testing, and to allow for the discovery and resolution of any discovery items, a three-week maintenance window has been scheduled to begin during January 2025 to complete items such as:

Testing for entry into Mode 4 (Hot Shutdown)

Entry into Mode 4, Mode 3, Mode 2 Testing of main steam safety valves Testing of primary check valves Plant cooldown Discovery and resolution of discovery items will prevent an extension of the ongoing SQN Unit 2 extended turbine generator outage by allowing time to make long lead-time repairs, such as:

Potential repairs to main steam safety valves Potential repairs to primary check valves Replacement of power-operated relief valves due to potentially-significant leakage that could be detected upon heatup to normal operating temperature and pressure during this maintenance window Operating experience with past refueling outages has demonstrated that such discovery and resolution requires the use of the outage work hour rules under 10 CFR 26.205(d)(4),

(i.e., continuous 72-hour work weeks).

Given that the 60-day period allowed under 10 CFR 26.205(d)(4) for outage work hour rules expired on September 29, 2024, and that the affected workers have worked under the online work hour rules since that date, an exemption to allow use of the outage work hour rules during the three-week maintenance window is needed.

LATE JANUARY 2025 The use of online work hour rules under 10 CFR 26.205(d)(7) restricts weekly work hours to a 54-hour cap, calculated as a rolling average over a maximum six-week period.

In the week immediately following the three-week maintenance window, emergency diesel generator (EDG) maintenance outages are scheduled to begin. This places these EDG outages within the six-week rolling window of the three-week maintenance window previously described.

These EDG outages will be completed using online work hour rules. However, there will be several individuals in operations and maintenance roles who work greater than 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per week during the EDG outages.

If the work hours from the previous three-week maintenance window were kept under online rules, and thus had to be included in the rolling average of the EDG outage period, then TVA would be unable to meet the EDG outage work requirements.

Given that the 60-day period allowed under 10 CFR 26.205(d)(4) for outage work hour rules expired on September 29, 2024, an exemption to allow use of the outage work hour rules during the three-week maintenance window is needed.

CNL-24-073 E1-4 of 6 APRIL 2025 The SQN Unit 2 extended turbine generator outage is scheduled to be completed in early April 2025. Approval of this exemption request would ensure that TVA has the needed resources to complete this outage as currently scheduled, avoiding unnecessary impacts to TVAs ability to provide safe and reliable power to the Tennessee Valley.

Without the exemption approval, TVA could be challenged from a reliability perspective, especially as this service territory moves into warmer weather and resulting higher loads in April 2025. This could result in TVA committing other generating assets and/or acquiring off-system energy replacements.

Without the exemption approval, TVAs reserve capacity position may not meet planning targets in April 2025 and this situation would worsen during the months of June-August. To replace this energy, TVA may be required to purchase replacement power from the market on a non-firm basis which increases reliability risk.

V.

MITIGATING ACTIONS ADEQUATE REST INTERVAL A mitigating action for the affected workers is the rest and reset period prior to restarting the 72-hour work weeks which is equivalent to the previously quoted guidance from Regulatory Position C.10 in Regulatory Guide 5.73 for workers performing back-to-back outages.

Specifically, Regulatory Guide 5.73 allows personnel to work extended hours during successive unit outages provided an adequate rest interval is provided between the unit outages to address the effects of cumulative fatigue.

A transition out of outage work hour rules had begun for the workers affected by this exemption request prior to the end of the 60-day initial outage period that expired on September 29, 2024.

During the final two weeks of that period, the majority of these individuals worked a number of hours below what is allowed for the outage work hour limits.

From September 30, 2024, through November 17, 2024, the affected workers have worked under the online work hour rules, and have been granted annual leave and other personal time-off as requested. Online work hour rules will remain in effect until commencement of the period of the proposed exemption.

The work hour information provided above demonstrates that an adequate rest interval will have been afforded to the affected workers during the 14-week period between the end of the 60-day initial outage period and the commencement of the period of the proposed exemption.

ASSESSMENT FOR FATIGUE In accordance with TVA procedures, during the period of the proposed exemption, the cognizant supervisors will assess each assigned supervised employee for fatigue and mental alertness prior to conducting work covered by the Fatigue Rule.

The expectations for the assessment for fatigue will be reinforced using an outage oversight plan similar to what is used for other outage work periods at SQN. The use of an outage oversight plan for this purpose during the period of the proposed exemption is tracked in the Corrective Action Program.

CNL-24-073 E1-5 of 6 VI.

COMPLIANCE WITH 10 CFR 26.9 In accordance with 10 CFR 26.9, "Specific exemptions," the Nuclear Regulatory Commission (NRC) may grant exemptions from the regulations that are determined to be authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. This exemption request satisfies these requirements.

The proposed exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by the exemption. The provisions of 10 CFR 26.9 allow the NRC to grant exemptions from the requirements of 10 CFR 26.

Therefore, the proposed exemption is authorized by law.

As described in Federal Register (FR) Notice 73 FR 16966, 10 CFR 26, Subpart I provides assurance that cumulative fatigue does not compromise the abilities of individuals to safely and competently perform their duties. The maximum average work hour requirements of 10 CFR 26.205(d)(7) address the long-term control of work hours while permitting the occasional use of extended work hours for short duration circumstances such as equipment failure, personnel illness, or attrition. The provisions of 10 CFR 26.205(d)(4) allow a 60-day period in which the maximum average work hour requirements of 10 CFR 26.205(d)(7) are replaced by less restrictive requirements. The limitations in 10 CFR 26.205(d)(4) address the control of work hours for unique plant conditions, such as unit outages, which require extended work hours for a more sustained period of time. The less restrictive limitations of 10 CFR 26.205(d)(4) provide licensees flexibility in scheduling required days off while accommodating the more intensive work schedules that accompany a unit outage. Limiting the time period in which the less restrictive limitations may be applied provides assurance that cumulative fatigue does not compromise the ability of individuals to safely and competently perform their duties.

As described above, this exemption request is consistent with the intent of the fatigue rule. As such, it is within the authority of the NRC to grant this request since changing the timeframe when outage hours can be worked will not endanger life or property or the common defense and security. There is no negative impact to the public interest as a result of this exemption request while the benefit to the affected employees will result in a positive impact to the public interest.

The proposed exemption will not endanger life or property or the common defense and security, and is otherwise in the public interest.

VII.

PRECEDENT On November 10, 2009, the NRC approved an exemption request for the Donald C. Cook Nuclear Plant Unit 1 (D.C. Cook) which applied the requirements of 10 CFR 26.205(d)(4) for a 60-day period or until completion of the forced outage, whichever was shorter (ML092630003 and ML09263004). The D.C. Cook exemption is relevant in that the provisions of 10 CFR 26.205(d)(4) were approved for application during an extended outage.

On June 24, 2010, the NRC approved an exemption request for the Davis Besse Nuclear Power Station (DBNPS) Unit 1, which applied the requirements of 10 CFR 26.205(d)(4) to support the restart from an extended outage (ML101730457 and ML101730482). DBNPS Unit 1 is cited as precedent because it sought an exemption for a period not to exceed 21 days, due to an extended outage.

CNL-24-073 E1-6 of 6 On October 28, 2013, the NRC approved an exemption request for the Fort Calhoun Station, Unit 1 from 10 CFR 26.205 (ML13274A025 and ML13274A026). Fort Calhoun is cited as precedent because it also sought an exemption due to an extended outage. The exemption allowed the use of the less restrictive working hour limitations described in 10 CFR 26.205(d)(4) to support activities for a period not to exceed 45 days.

On April 29, 2022, the NRC approved an exemption request from 10 CFR 26.205 for the Watts Bar Nuclear Plant, Unit 2 (ML22117A185 and ML22117A186). Watts Bar is cited as precedent because it sought an exemption due to an extended outage. The exemption allowed the use of the less restrictive working hour limitations described in 10 CFR 26.205(d)(4) to support activities for a period not to exceed 60 days.

CNL-24-073 E2-1 of 3 Environmental Assessment Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 26.9, Specific exemptions, Tennessee Valley Authority (TVA) is requesting a one-time exemption for Sequoyah Nuclear Plant (SQN), Unit 2, to allow the use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) for workers in categories 26.4(a)(1), (2), (4) to support activities during a specific maintenance window in the ongoing SQN Unit 2 extended turbine generator outage.

The period of the proposed exemption would commence on a date/time noted in the Outage Control Center log, commencing no earlier than January 6 and no later than January 31, 2025, applicable for a period not to exceed 21 days.

Pursuant to 10 CFR 51.41, Requirement to submit environmental information, the following is the environmental assessment for the proposed exemption. This environmental assessment is consistent with those provided in similar exemption requests (References 1, 2, and 5). As noted in the Nuclear Regulatory Commission approval for References 1, 2 and 5 (References 3, 4, and 6, respectively), the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25); thus, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment is required to be prepared in connection with granting the exemption.

1. Describe any change to the types, characteristics, or quantities of non-radiological effluents discharged to the environment as a result of the proposed exemption.

TVA Response:

There are no expected changes in the types, characteristics, or quantities of non-radiological effluents discharged to the environment as a result of the proposed exemption. The proposed exemption is administrative in nature and is limited to changing the timeframe when less restrictive hours can be worked. This does not result in any changes to the design basis requirements for the structures, systems, and components (SSC) at SQN Unit 2 that function to limit the release of non-radiological effluents during and following postulated accidents. The SSC associated with limiting the release of offsite non-radiological effluents will continue to perform their functions, and as a result, there is no significant non-radiological effluent impact.

There are no materials or chemicals introduced into the plant that could affect the characteristics or types of non-radiological effluents. In addition, the method of operation of non-radiological waste systems will not be affected by the proposed exemption.

2. Describe any changes to liquid radioactive effluents discharged as a result of the proposed exemption.

TVA Response:

There are no expected changes to liquid radioactive effluents discharged as a result of the proposed exemption. The proposed exemption is limited to administrative changes regarding the timeframe when less restrictive work hours can be worked and will not result in the production of any different quantity or type of radioactive material in the reactor coolant system.

The proposed exemption will not result in changes to the design basis requirements for the SSC at SQN Unit 2 that function to limit the release of liquid radiological effluents during and following postulated accidents. The SSC associated with limiting the release of liquid CNL-24-073 E2-2 of 3 radiological effluents will continue to perform their functions, and as a result, there is no significant liquid radiological effluent impact.

3. Describe any changes to gaseous radioactive effluents discharged as a result of the proposed exemption.

TVA Response:

There are no expected changes to gaseous radioactive effluents discharged as a result of the proposed exemption. The proposed administrative changes to the timeframe when less restrictive work hours can be worked will not result in the production of any different quantity or type of radioactive material in the reactor coolant system. These changes will not result in changes to the design basis requirements for the SSC at SQN Unit 2 that function to limit the release of gaseous radiological effluents during and following postulated accidents. The SSC associated with limiting the release of gaseous radiological effluents will continue to perform their functions, and as a result, there is no significant gaseous radiological effluent impact.

4. Describe any change in the type or quantity of solid radioactive waste generated as a result of the proposed exemption.

TVA Response:

There are no expected changes to solid radioactive waste generated as a result of the proposed exemption. The proposed administrative changes to the timeframe when less restrictive work hours can be worked will not result in the production of any different quantity or type of radioactive material. These changes will not result in changes to the design basis requirements for the SSC at SQN Unit 2 that function to limit the release of solid radioactive waste during and following postulated accidents. In addition, radiation surveys will continue to be performed in accordance with plant radiation procedures. The SSC associated with limiting the release of solid radioactive waste will continue to perform their functions, and as a result, there is no significant solid radioactive waste impact.

5. What is the expected change in occupational dose as a result of the proposed exemption under normal and design basis accident conditions?

TVA Response:

The proposed exemption will allow less restrictive work hours for a limited period. The exemption will not increase or decrease the amount of work activities that must be completed in preparation of plant startup. As such, no change in occupational dose as a result of the proposed exemption under normal or design basis accident (DBA) conditions is expected.

CNL-24-073 E2-3 of 3

6. What is the expected change in the public dose as a result of the proposed exemption under normal and design basis accident conditions?

TVA Response:

Public dose is not changed by the proposed exemption during normal operations or DBA conditions. As noted in items 2, 3, and 4 above, there is no basis to contemplate an increased source of liquid, gaseous, solid radiological effluents, or associated leak rate that could contribute to increased public exposure during normal operations or DBA conditions.

7. What is the impact to land disturbance for the proposed exemption?

TVA Response:

The proposed exemption will allow less restrictive work hours for a limited period. As such, the proposed exemption is administrative in nature and will not result in a land disturbance or affect a historical site.

==

Conclusion:==

There is no significant radiological environmental impact associated with implementing less restrictive work hours for a limited period. The proposed changes will not result in a land disturbance or affect any historical sites, nor will they affect non-radiological plant effluents.

References:

1. Omaha Public Power District letter to NRC, Request for Exemption from Requirements of 10 CFR 26.205(d)(7), dated August 16, 2013 (ML13231A018)

2. First Energy Nuclear Operating Company letter to NRC, Request for One-Time Exemption from the Requirements of 10 CFR 26.205(d)(3), dated May 28, 2010 (ML101620127)

3. NRC letter to Omaha Public Power District, Fort Calhoun Station, Unit No. 1 -Exemption from the Requirements of 10 CFR Part 26, Section 205 (TAC No. MF2571), dated October 28, 2013 (ML13274A025 and ML13274A026)

4. NRC letter to First Energy Nuclear Operating Company, Davis-Besse Nuclear Power Station, Unit 1, One-Time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(D)(3) (TAC No. ME4029), dated June 24, 2010 (ML101730457)

5. TVA Letter to NRC, "Request for Exemption from Requirements of 10 CFR 26.205(d)(4), 26.205(d)(6) and 26.205(d)(7), "Fitness for Duty Programs - Work Hours," dated April 15, 2022 (ML22105A579)

6. NRC Letter to TVA, "Watts Bar Nuclear Plant, Unit 2 - Exemptions from the Requirements of 10 CFR Part 26, Section 26.205(d)(7) (EPID L-2022-LLE-0017), dated April 29, 2022 (ML22117A185)