ML20349A038

Exemption from Selection from Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0236 (COVID-19))

ML20349A038
Person / Time
Site:	Comanche Peak
Issue date:	12/16/2020
From:	Philip Mckenna Plant Licensing Branch IV
To:	Peters K Vistra Operations Company
Galvin D, NRR/DORL/LPLIV, 415-6256
References
EPID L-2020-LLE-0236
Download: ML20349A038 (4)

Text

December 16, 2020 Mr. Ken J. Peters Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Vistra Operations Company LLC Comanche Peak Nuclear Power Plant 6322 N FM 56 P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 -

EXEMPTION FROM SELECT REQUIREMENTS OF 10 CFR PART 26 (EPID L-2020-LLE-0236 [COVID-19])

Dear Mr. Peters:

The U.S. Nuclear Regulatory Commission (NRC) has approved the requested exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 26, Fitness for Duty Programs, Section 26.205, Work hours, for Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (Comanche Peak). This action is in response to Vistra Operations Company LLCs (the licensees) application dated December 11, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20346A565), as supplemented by letter dated December 15, 2020 (ADAMS Accession No. ML20350B830), which cited the March 28, 2020 (ADAMS Accession No. ML20087P237) and November 10, 2020 (ADAMS Accession No. ML20261H515), letters from Mr. Ho Nieh describing a process to request expedited review of certain exemptions from 10 CFR Part 26 during the COVID-19 public health emergency (PHE).

The application provided the following information:

A statement that explains how, and for which covered groups, the COVID-19 PHE impacts the licensees ability to meet the work-hour control requirements of 10 CFR 26.205(d)(1)-(d)(7);

A statement that describes how an exemption from the 10 CFR 26.205(d)(1)-(d)(7) work-hour control requirements would be used to manage the impact of the COVID-19 PHE on maintaining plant operational safety and security; A list of positions for which the licensee will implement alternative work-hour controls at Comanche Peak upon the NRC granting the requested exemption. From this, the NRC has determined the positions for which the licensee will maintain current work-hour controls at Comanche Peak under 10 CFR 26.205(d)(1)-(d)(7) and the positions for which the licensee requested the exemption;

K. Peters A statement that the licensee will begin implementing site-specific COVID-19 PHE fatigue-management controls at Comanche Peak for personnel specified in 10 CFR 26.4(a) upon NRC approval; A statement that the licensees site-specific COVID-19 fatigue-management controls at Comanche Peak are consistent with the constraints outlined in the March 28, 2020, and November 10, 2020, letters; and A statement that the licensee will establish alternative controls at Comanche Peak for the management of fatigue during the period of the exemption and, at a minimum, the controls ensure that, for individuals subject to these alternative controls:

o Individuals will not work more than 16 work hours in any 24-hour period and not more than 86 work hours in any 7-day period, excluding shift turnover, o A minimum 10-hour break is provided between successive work periods, o 12-hour shifts are limited to not more than 14 consecutive days, o A minimum of 6 days off is provided in any 30-day period, and o Requirements have been established for behavioral observation and self-declaration during the period of the exemption.

Therefore, the NRC finds that the technical basis for an exemption described in the March 28, 2020, and November 10, 2020, letters is applicable to the licensees specific request. Upon NRC approval, the licensee plans to implement the alternative controls as warranted by COVID-19 conditions during the exemption period.

Section 26.9, Specific exemptions, of 10 CFR allows the NRC to grant exemptions from the requirements of 10 CFR Part 26. The NRC staff has determined that granting the licensees requested exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest.

The underlying purpose of 10 CFR 26.205(d) is to prevent impairment from fatigue due to duration, frequency, or sequestering of successive shifts. Based on the evaluation provided in the NRCs March 28, and November 10, 2020, letters and the criteria discussed above, no new accident precursors are created by utilizing whatever licensee staff resources may be necessary or available during the term of this exemption to respond to a plant emergency and to ensure that the plant maintains a safe and secure status. Therefore, the probability of postulated accidents is not increased. Also, the consequences of postulated accidents are not increased because there is no change in the types of accidents previously evaluated. The requested exemption would allow the use of licensee staff resources as may be necessary to maintain safe operation of the plant and to respond to a plant emergency. Therefore, the NRC finds that there is no undue risk to public health and safety from granting the requested exemption.

The requested exemption would allow the use of licensee security staff resources as may be necessary to ensure the common defense and security. Therefore, the NRC finds that there is no impact on common defense and security from granting the requested exemption.

K. Peters Due to the impacts that the COVID-19 PHE has had on the licensees ability to comply with the work-hour controls of 10 CFR 26.205(d), the importance of maintaining the operations of Comanche Peak, and the controls the licensee has established, the NRC finds that granting the requested exemption is in the public interest.

Granting the requested exemption from the requirements of 10 CFR 26.205 is categorically excluded under 10 CFR 51.22(c)(25), and there are no extraordinary circumstances present that would preclude reliance on this exclusion. The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(I), that the requirements from which the exemption is sought involve other requirements of an administrative, managerial, or organizational nature.

The NRC staff also determined that approval of this exemption involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, does not authorize changes to any of the assumptions or limits used in the facility licensees safety analyses, and does not introduce any new failure modes. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because this exemption does not affect any effluent release limits as provided in the facility licensees technical specifications or by the regulations in 10 CFR Part 20, Standards for Protection Against Radiation. There is no significant increase in individual or cumulative public or occupational radiation exposure because this exemption does not affect limits on the release of any radioactive material or the limits provided in 10 CFR Part 20 for radiation exposure to workers or members of the public. There is no significant construction impact because this exemption does not involve any changes to a construction permit. There is no significant increase in the potential for or consequences from radiological accidents because the exemption does not alter any of the assumptions or limits in the licensees safety analysis. In addition, the NRC staff determined that there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

Based on the above, the NRC staff finds that (1) the exemption is authorized by law, (2) the exemption will not endanger life or property or the common defense and security, and (3) the exemption is otherwise in the public interest.

This exemption is effective from December 16, 2020, through February 13, 2021.

Sincerely, Digitally signed by Philip J. Philip J. McKenna Date: 2020.12.16 McKenna 10:35:52 -05'00' Philip J. McKenna, Acting Deputy Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Listserv

ML20349A038 *via concurrence with model safety evaluation OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NSIR/DPCP/RSB/BC*

NAME DGalvin PBlechman w/comments ABowers DATE 12/14/2020 12/14/2020 3/30/2020 OFFICE NMSS/REFS/ERLRB/BC* NRR/DRO/IOLB OGC (NLO)

NAME RElliott CCowdrey JMcManus DATE 3/31/2020 12/16/2020 12/15/2020 OFFICE NRR/DORL/LPL4/BC NRR/DORL/DD (A)

NAME JDixon-Herrity PMcKenna DATE 12/15/2020 12/16/2020