PNP 2025-061, Request for Exemption from Requirements of 10 CFR 26.205, Fitness for Duty Programs - Work Hours
| ML25224A206 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/12/2025 |
| From: | Fleming J Holtec Palisades |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, NRC/RGN-III, Document Control Desk |
| References | |
| PNP 2025-061 | |
| Download: ML25224A206 (1) | |
Text
27780 Blue Star Highway, Covert, MI 49043 Holtec Palisades, LLC (Holtec Palisades) is the licensed owner of PNP. Pursuant to the license transfer amendment received in connection with the PNP restart (Reference 1), licensed operating authority has transferred from HDI to Palisades Energy, LLC (Palisades Energy).
PNP 2025-061 10 CFR 26.9 August 12, 2025 ATTN: Regional Administrator U.S. Nuclear Regulatory Commission Region III 2443 Warrenville Road - Suite 210 Lisle, IL 60532-4352 Palisades Nuclear Plant NRC Docket No. 50-255 and 72-007 Renewed Facility Operating License No. DPR-20
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, Palisades Energy LLC (Palisades) is requesting Nuclear Regulatory Commission (NRC) approval of the enclosed one-time exemption request for Palisades from the specific requirements of10 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 specified in 10 CFR 26.205(d)(4) for an additional 49 day period to support outage activities for the plant restart of Palisades, as described in Enclosure 1. The period of the proposed exemption would commence on October 24, 2025, and be applicable for a period of 49 days.
The proposed exemption would apply to all personnel performing the duties described in and as defined in 10 CFR 26.4(a)(4). These personnel are critical for the successful completion of all outage activities and the restart of Palisades. 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.
Palisades Energy LLC requests approval of this exemption request by August 25, 2025.
This letter identifies no new regulatory commitments and no revisions to existing regulatory commitments.
PNP 2025-061 Page 2 of 12 Respectfully, Jean Fleming VP of Licensing & Regulatory Affairs / Licensing Holtec Palisades LLC
Enclosures:
- 1. Request for Exemption from Requirements of 10 CFR 26.205
- 2. Environmental Assessment cc:
NRC Region Ill Regional Administrator NRC Senior Resident Inspector - Palisades Nuclear Plant NRC Project Manager - Palisades Nuclear Plant Digitally signed by Jean A. Fleming DN: cn=Jean A. Fleming, o=Holtec Decommissioning International, LLC, ou=Regulatory and Environmental Affairs, email=J.Fleming@Holtec.com Date: 2025.08.12 14:30:23 -04'00' Jean A.
Fleming
PNP 2025-061 Page 3 of 12 Request for Exemption from Requirement of 10 CFR 26.205 (5 pages follow this cover page)
PNP 2025-061 Page 4 of 12 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, Palisades Energy, LLC (Palisades) hereby requests a one-time exemption with respect to requirements specified in 10 CFR 26.205(d), "Work Hour Controls." The exemption is needed to allow additional use of the less restrictive work-hour limitations described in 10 CFR 26.205(d)(4), to support the outage activities in support of plant restart at Palisades. Use of less restrictive work-hour limitations would support completion of the outage activities described in section IV of this enclosure.
II. APPLICABLE REGULATIONS AND GUIDANCE The applicable regulations pertaining to the proposed exemption are identified below.
26.9, Specific exceptions, 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 this part 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 are for persons performing the following activities:
(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 exemption to 10 CFR 26.205(d)(4) proposed for Palisades applies to all individuals in categories (1) through (5) above.
10 CFR 26.205(d)(1) through (3) specifies work hour controls:
PNP 2025-061 Page 5 of 12 (d) Work hour controls. Licensees shall control the work hours of individuals who are subject to this section.
(1) Except as permitted in § 26.207, licensees shall ensure that any individual's work hours do not exceed the following limits:
(i) 16 work hours in any 24-hour period; (ii) 26 work hours in any 48-hour period; and (iii) 72 work hours in any 7-day period (2) Licensees shall ensure that individuals have, at a minimum, the rest breaks specified in this paragraph. For the purposes of this subpart, a break is defined as an interval of time that falls between successive work periods, during which the individual does not perform any duties for the licensee other than one period of shift turnover at either the beginning or end of a shift but not both. Except as permitted in § 26.207, licensees shall ensure that individuals have, at a minimum (i)
A 10-hour break between successive work periods or an 8-hour break between successive work periods when a break of less than 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> is necessary to accommodate a crew's scheduled transition between work schedules or shifts; and (ii)
A 34-hour break in any 9-day period.
(3) Licensees shall either ensure that individuals have, at a minimum, the number of days off specified in this paragraph, or comply with the requirements for maximum average workhours in
§ 26.205(d)(7). For the purposes of this section, a day off is defined as a calendar day during which an individual does not start a work shift. For the purposes of calculating the average number of days off required in this paragraph, the duration of the shift cycle may not exceed 6 weeks.
(i)
Individuals who are working 8-hour shift schedules shall have at least 1 day off per week, averaged over the shift cycle; (ii)
Individuals who are working 10-hour shift schedules shall have at least 2 days off per week, averaged over the shift cycle; (iii)
Individuals who are working 12-hour shift schedules while performing the duties described in § 26.4(a)(1) through (a)(3) shall have at least 2.5 days off per week, averaged over the shift cycle; (iv)
Individuals who are working 12-hour shift schedules while performing the duties described in § 26.4(a)(4) shall have at least 2 days off per week, averaged over the shift cycle; and (v)
Individuals who are working 12-hour shift schedules while performing the duties described in § 26.4(a)(5) shall have at least 3 days off per week, averaged over the shift cycle.
PNP 2025-061 Page 6 of 12 10 CFR 26.205(d)(7) provides the following guidance:
(i) 16 work hours in any 24-hour period; (ii) 26 work hours in any 48-hour period; and (iii) 72 work hours in any 7-day period.
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.
III. PROPOSED EXEMPTION Palisades will be transitioning into an outage under the Power Operation Technical Specifications on August 25, 2025, from decommissioning phase to restoring the plant for restart. Palisades is requesting a one-time exemption pursuant to 10 CFR 26.9, for Palisades, to allow additional use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) to support repair activities during the extended outage. This exemption is applicable to all individuals specified in 26.4(a)(1) through (5).
The period of the proposed exemption would commence on October 24, 2025, and be applicable for a period of 49 days.
IV. BASIS FOR PROPOSED EXEMPTION On August 25, 2025, Palisades will implement the Power Operations License, the FSAR, Technical Specifications To ensure full restoration of safety-related equipment and completion of the restart outage, this one-time exemption is necessary for the flexible management of personnel and work activities.
V. MITIGATING ACTIONS ADEQUATE REST INTERVAL The licensees shall ensure that individuals have, at a minimum, the rest breaks specified in this paragraph. For the purposes of this subpart 26.205(d)(2), a break is defined as an interval of time that falls between successive work periods, ASSESSMENT FOR FATIGUE In accordance with Palisades procedures, during the period of the proposed exemption, the cognizant supervisors will assess each assigned supervised employee for fatigue and mental alertness during the exemption period with the less restrictive work-hour limitations described in 10 CFR 26.205(d)(4) in place.
PNP 2025-061 Page 7 of 12 VI. COMPLIANCE WITH 10 CFR 26.9 In accordance with 10 CFR 26.9, "Specific exemptions," the 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, and since the provisions of 10 CFR 26.9 allow the NRC to grant exemptions from the requirements of 10 CFR 26, 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), and minimum day off requirements of 10 CFR 26.205(d)(3), 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.
The proposed exemption will not endanger life or property or the common defense and security and is otherwise in the public interest.
VII. PRECEDENT
- 1. On March 20, 2025, the NRC approved an exemption request for the Sequoyah Nuclear Plant, Unit 2 (Sequoyah) which applied the requirements of 10 CFR 26.205(d)(4) for a specific period (not to exceed 21 days) during startup from an extended outage (ML25070A295 and ML25070A296). Sequoyah exemption is relevant because it also sought an exemption due to an extended outage.
- 2. 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.
PNP 2025-061 Page 8 of 12
- 3. On June 11, 2013, the NRC approved an exemption request for the Fort Calhoun Station, Unit 1 from 10 CFR 26.205 (ML13157A135 and ML13157A139). 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 60 days.
- 4. 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 due to an extended outage.
- 5. 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
PNP 2025-061 Page 9 of 12 Environmental Assessment (3 pages follow this cover page)
PNP 2025-061 Page 10 of 12 Environmental Assessment Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 26.9, Specific exemptions, Palisades Energy, LLC (Palisades) is requesting a one-time exemption for Palisades to allow the additional use of the less restrictive work hour limitations described in 10 CFR 26.205(d)(4) for all workers in categories (a)(2) and (4) of 10 CFR 26.4 to support outage activities for the restart of Palisades.
The period of the proposed exemption would commence on October 24, 2025, and be applicable for a period of 49 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, previous exemption requests, including the example provided as Reference 1, which was approved by the NRC per Reference 2. The proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25),
as supported by the assessment below. Consequently, 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.
Palisades 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 during the current plant refueling outage 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 (SSCs) at Palisades that function to limit the release of non-radiological effluents during normal or accident conditions. The SSCs associated with limiting the release of non-radiological effluents to the environment will continue to perform (or be capable of performing) their functions, and as a result, there is no significant non-radiological effluent impact. In light of the administrative nature of the proposed exemption, 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.
Palisades 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
PNP 2025-061 Page 11 of 12 the timeframe during the current plant refueling outage 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 SSCs at Palisades that function to limit the release of liquid radiological effluents during normal or accident conditions. The SSCs associated with limiting the release of liquid radiological effluents will continue to perform (or be capable of performing) 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.
Palisades Response:
There are no expected changes to gaseous radioactive effluents discharged as a result of the proposed exemption. The proposed administrative change to the timeframe during the current plant refueling outage 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.
Further, the change will not result in changes to the design basis requirements for SSCs at Palisades that function to limit the release of gaseous radiological effluents during normal or accident conditions. The SSCs associated with limiting the release of gaseous radiological effluents will continue to perform (or be capable of performing) 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.
Palisades Response:
There are no expected changes to the solid radioactive waste generated by the facility as a result of the proposed exemption. The proposed administrative changes to the timeframe during the current plant refueling outage when less restrictive work hours can be worked has no impact on the processing, storage, or shipping of radwaste and will not result in the production of any different quantity or type of solid radioactive waste generated by the facility. In addition, radiation surveys will continue to be performed in accordance with plant radiation protection procedures. 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?
Palisades 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 for the undervessel repairs (or any workers performing or supporting the needed repairs) during the outage. As such, there is no change in the occupational dose incurred by the repair work, under the proposed exemption. In addition, the proposed exemption does not itself involve any
PNP 2025-061 Page 12 of 12 permanent change to the plant design or operation that would adversely impact the protective measures built into the plant or plant procedures for limiting occupational dose under normal and design basis accident conditions.
- 6. What is the expected change in the public dose as a result of the proposed exemption under normal and design basis accident conditions?
Palisades Response:
Public dose is not changed by the proposed exemption for normal operations or DBA conditions. As noted in items 2 and 3 above, there is no basis to contemplate an increase in liquid or gaseous effluents as a result of the requested exemption. Further, the exemption does not involve any change to the design or design basis for plant SSCs credited to mitigate design basis accidents and limit the release of radioactivity to the environment.
- 7. What is the impact to land disturbance for the proposed exemption?
Palisades Response:
The proposed exemption will allow less restrictive work hours for a limited period during the current plant outage. The proposed exemption is administrative in nature and involves no construction activities around the facility or land disturbance.
In addition to the above, it should be noted (pursuant to 10 CFR 51.22(c)(25)(vi)(I)) that the requirements from which the exemption is sought involve requirements of an administrative, managerial or organizational nature.
==
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, nor will they affect non-radiological plant effluents.
References:
- 1. TVA Letter to NRC, "Request for Exemption from Requirements of 10 CFR 26.205, Fitness for Duty Programs - Work Hours," dated February 5, 2025 (ML25036A070).
- 2. NRC Letter to TVA, "Sequoyah Nuclear Plant, Unit 2 - One-Time Exemption From The Requirements of 10 CFR 26.205(d)(7) (EPID L-2025-LLE-0007)," dated March 20, 2025 (ML25070A295 and ML25070A296)