NOC-AE-10002549, Response to Request for Additional Information Regarding a Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue

Response to Request for Additional Information Regarding a Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue

ML101160042
Person / Time
Site:	South Texas
Issue date:	04/19/2010
From:	Bowman C South Texas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-10002549, TAC ME2259, TAC ME2260
Download: ML101160042 (6)

Text

Nuclear Operating Company South Texas Proect Electric Generating Station PO. Box 289 Wadsworth, Texas 77483 April 19, 2010 NOC-AE-10002549 File No.: G25 10 CFR 26.9 10 CFR 26.205 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499 Response to Request for Additional Information Regarding a Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue (TAC Nos. ME2259/ME2260)

References:

1. Charles T. Bowman, STPNOC, to NRC Document Control Desk dated October 14, 2009, "Revised Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue" (NOC-AE-09002477) (ML092930172)

2. Charles T. Bowman, STPNOC, to NRC Document Control Desk dated February 11, 2010, "Response to Request for Additional Information Regarding a Request for Exemption from Certain Requirements of the Fitness for Duty Rule for Managing Fatigue" (NOC-AE-10002515) (ML100490048)

The referenced correspondence was submitted by the STP Nuclear Operating Company to request an exemption from certain requirements of the Fitness for Duty Rule for Managing Fatigue. This submittal is in response to further questions from the NRC provided via electronic mail dated March 31,2010.

There are no new commitments in this submittal.

If there are any questions, please contact Ken Taplett at 361-972-8416 or me at 361-972-7454.

Charles T. Bowman General Manager, Oversight

Attachment:

Response to Request for Additional Information for Proposed Exemption Request PLW STI: 32656446

NOC-AE-1 0002549 Page 2 of 2 cc: (paper copy) (electronic copy)

Regional Administrator, Region IV A. H. Gutterman, Esq.

U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP 612 East Lamar Blvd., Suite 400 Arlington, TX 76011-8064 Mohan C. Thadani U. S. Nuclear Regulatory Commission Mohan C. Thadani J. C. Wood, Esq.

Senior Project Manager Cox, Smith Matthews U.S. Nuclear Regulatory Commission One White Flint North (MS 8B1A) C. Mele 11555 Rockville Pike City of Austin Rockville, MD 20852 Senior Resident Inspector E. Alarcon U.S. Nuclear Regulatory Commission J. J. Nesrsta P.O. Box 289, Mail Code: MN1 16 K. Polio Wadsworth, TX 77483 C. E. Shellman, Esq.

City Public Service Board C. M. Canady K. T. Howell City of Austin C. Callaway, Esq.

Electric Utility Department J. von Suskil 721 Barton Springs Road NRG South Texas LP Austin, TX 787804 Richard A. Ratliff Alice Rogers Texas Department of State Health Services

Attachment NOC-AE-1 0002549 Page 1 of 4 SOUTH TEXAS PROJECT UNITS I AND 2 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION FOR PROPOSED EXEMPTION REQUEST By letter dated October 14, 2009 (ML092930172) and a response to a request for additional information dated February 11, 2010 (ML100490048) and pursuant to 10 CFR 26.9 STP Nuclear Operating Company (STPNOC) requested an exemption from certain requirements of the Part 26 work hour controls during declarations of severe weather conditions involving tropical storm or hurricane force winds.

STPNOC requests exemption from the requirements of 10 CFR 26.205(c) and (d) during declarations of severe weather conditions such as tropical storm and hurricane force winds for individuals who perform duties identified in 10 CFR 26.4(a)(1) through (a)(5). The exemption request states that adherence to all work hour controls could impede the licensee's ability to use whatever staff resources may be necessary to respond to a plant emergency and ensure that the plant reaches and maintains a safe and secure status.

The exemption would allow individuals to be sequestered on-site, as travel to and from the site during high wind conditions may be hazardous or simply not possible.

After the high wind conditions pass, wind damage to the plant and surrounding area might preclude sufficient numbers of individuals from immediately returning to the site. The exemption request states that the exemption will terminate upon declaration of the Emergency Operations Facility (EOF) Director that sufficient personnel are able to return to the site to make the reinstitution of work hour controls possible. When storm crew sequestering exit-conditions are met, full compliance with 10 CFR 26.205(c) and (d) is again required.

The NRC staff has performed a preliminary review of the exemption request. The licensee's prompt responses to the following request for additional information will allow the staff to complete its review in a timely manner.

1. STPNOC has requested an exemption from work hour controls. The exemption request applies to individuals who perform duties identified in 10 CFR 26.4(a)(1) through (a)(5) when "Entry Conditions" described in the STPNOC exemption request are satisfied. However, an exception is already available under 10 CFR 26.207(d) for portions of the time for which an exemption is requested. The result is an overlap of exemptions from work hour control requirements, that can be described in three parts, as below:

a. High wind exemption. The period of time that starts with the initiating conditions through the time when an unusual event is declared. The declaration of an unusual event, because of sustained winds of 73 mph, initiates the exception available under 10 CFR 26.207(d) from the same work hour controls as the STPNOC exemption request.

b. Recovery exemption circumstance 1. The period of time after the unusual event has been exited, when recovery from the effects of high winds is necessary and such that sufficient numbers of individuals may not be available to return to the site as relief for the Storm Crew.

Attachment NOC-AE-1 0002549 Page 2 of 4

c. Recovery exemption circumstance 2. The period of time after the high wind exemption and when wind speeds did not reach a velocity fast enough to declare an unusual event, however a recovery period is still required as enough individuals are not available to re-institute work hour controls. This circumstance does not constitute an overlap with existing exceptions from work hour controls.

Please describe the rationale used to request an exemption from Part 26 work hour controls during the period of overlap of the 10 CFR 26.207(d) exception.

RESPONSE

The exemption request recognizes the potential for overlap between the conditions addressed by the exemption request and the conditions that may result in the declaration of an emergency condition. Section 3.0 of the Enclosure to the request (reference 1) states:

During the period that STPNOC requests to be exempt from Parts 26.205(c) and (d),

STP may meet the conditions for entering the Emergency Plan. Since Part 26.207(d) already states that licensees need not meet the requirements of Parts 26.205(c) and (d) during declared emergencies, there is no need for exemption for storm crew members during the period of the declared emergency. However, this exemption should be applied to the period established by the entry and exit conditions defined above regardless whether the Emergency Plan is entered or not.

In any case, the exemption period for hurricane force wind conditions bounds the conditions for a declared emergency condition due to the same reasons. The exemption request establishes one set of entry and exit conditions rather than multiple entry and exit conditions when transitioning from one condition to another as described in parts a and b above.

2. Please clarify that the exemption request does not apply to discretionary maintenance or onsite direction of discretionary maintenance activities of structures, systems, and components that a risk informed evaluation process has shown to be significant to public health and safety.

RESPONSE

The requested exemption provides for use of whatever plant staff resources may be necessary to respond to a plant emergency and ensure that the plant achieves and maintains a safe and secure status and can be safely restarted. Maintenance activities for structures, systems, and components (SSCs) that a risk-informed evaluation process has shown to be significant to public health and safety will be performed, if required, to maintain the plant in a safe and secure status or to assure the ability to safely restart. The exemption is not for discretionary maintenance or onsite direction of discretionary maintenance activities for structures, systems, and components that a risk-informed evaluation process has shown to be significant to public health and safety. 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 exemption applies. Because of the importance and high priority assigned to restoration of power to the area affected by the storm, STPNOC does not consider work required to allow the plant to restart after the storm to be discretionary.

Attachment NOC-AE-1 0002549 Page 3 of 4 Examples of activities involving the SSCs addressed by this question and which may be performed include:

• Surveillances;

• Maintenance needed to assure SSCs required by the Technical Specifications 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;

" Post-storm corrective maintenance to repair damage to safety-related SSCs to support restart of the units; and

• Post-storm maintenance to restore the units to operable status to support restoration of power to the grid.

3. Please clarify that STPNOC plans to maintain the following information in site procedures:

a. The conditions necessary to sequester site personnel consistent with the conditions specified in the STPNOC exemption request.

RESPONSE

Per the Hurricane Plan procedure, the conditions necessary to sequester site personnel occur when the site enters the STP Hurricane Plan and the EOF Director determines that travel conditions to the site will potentially become hazardous such that storm crew manning will be required based on verifiable weather conditions.

b. Provisions for ensuring that personnel who are not performing duties are provided an opportunity as well as accommodations for restorative rest.

RESPONSE

Per the Hurricane Plan procedure, storm crew members who perform duties identified in 10 CFR Parts 26.4(a)(1) through (a)(5) shall be provided opportunity for restorative rest (i.e., at least 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />) when off-shift and should not be assigned duties when off-shift.

c. Conditions necessary for the EOF Director to signal the departure from this exemption request such that full compliance with the Part 26.205 work hour controls can be made.

RESPONSE

Per the Hurricane Plan procedure, the Exit Condition for returning to full compliance with the requirements of 10 CFR 26.205(c) and (d) following severe weather involving hurricane force winds is determined by the EOF Director when sufficient personnel who perform duties identified in 10 CFR Parts 26.4(a)(1) through (a)(5) are available to meet the requirements of 10 CFR 26.205(c) and (d).

Attachment NOC-AE-1 0002549 Page 4 of 4

4. Upon exiting the requested exemption, all work hour controls will apply. Does NEI-06-11 Revision 1, Section 7.5 "Reset From Deviations" provide the criteria for re-establishing work hour controls?

RESPONSE

NEI 06-11 Revision 1, Section 7.5, "Reset From Deviations," applies to conditions under which deviations from the rule requirements have occurred as the result of administrative errors or unforeseen circumstances in which a rule violation may have occurred. Where work hour requirements are exempt due to hurricane storm conditions, no deviations from requirements have occurred.

For purposes of the exemption from work hour requirements due to hurricane storm conditions, the criterion for re-establishing work hour controls is the time determined by the EOF Director when sufficient personnel performing duties identified in 10 CFR 26.4(a)(1) through (a)(5) are available to meet the requirements of 10 CFR 26.205(c) and (d).