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| | number = ML101730482 | | | number = ML101730482 |
| | issue date = 06/24/2010 | | | issue date = 06/24/2010 |
| | title = Davis-Besse Nuclear Power Station, Unit 1 - One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3) | | | title = One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3) |
| | author name = Giitter J G | | | author name = Giitter J G |
| | author affiliation = NRC/NRR/DORL | | | author affiliation = NRC/NRR/DORL |
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Category:Exemption from NRC Requirements
MONTHYEARML24134A1522024-09-17017 September 2024 Exemption from the Requirements of 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule (EPID L-2024-LLE-0005) - Letter ML24134A1532024-09-17017 September 2024 Exemption from the Requirements of 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule (EPID L-2024-LLE-0005) - Exemption ML24102A2572024-04-25025 April 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - March 2024 ML24036A3472024-03-0707 March 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0076 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) L-23-264, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule2024-02-23023 February 2024 Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule ML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML22012A3992022-01-14014 January 2022 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2022-LLE-0002 (COVID-19)) ML22012A3012022-01-12012 January 2022 Incoming Request-Davis-Besse-Energy Harbor Nuclear Corp ML21098A1802021-04-19019 April 2021 Temporary Exemption from Certain Biennial Emergency Preparedness Exercise Requirements of 10 CFR Part 50, Appendix E, Section Iv.F L-21-070, Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic2021-03-15015 March 2021 Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20345A2052020-12-15015 December 2020 Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1) (EPID L-2020-LLE-0175 (COVID-19)) L-20-313, Response to Request for Additional Information Regarding Request for Exemption -Part 73 Force-on-Force2020-12-0707 December 2020 Response to Request for Additional Information Regarding Request for Exemption -Part 73 Force-on-Force ML20323A4122020-11-19019 November 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0208 (COVID-19)) ML20323A1692020-11-18018 November 2020 Incoming Request-Davis-Besse-Energy Harbor Nuclear Corp L-20-280, Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic2020-10-29029 October 2020 Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic ML20119B0702020-05-0808 May 2020 Federal Register Notice ML20119B0682020-05-0808 May 2020 Exemption ML20119B0722020-05-0808 May 2020 Request for Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (Epids L-2020-LLE-0026 Through L-2020-LLE-0032) L-20-141, Exemption Request Due to COVID-19 Pandemic2020-04-23023 April 2020 Exemption Request Due to COVID-19 Pandemic ML19067A0212019-06-0404 June 2019 FENOC Fleet - Exemption from the Requirements of 10 CFR 73.55(p)(1)(i) and (II) Related to the Suspension of Security Measures in an Emergency or During Severe Weather ML1030602082010-12-14014 December 2010 Exemption from the Requirements of 10 CFR Part 50.61 and 10 CFR Part 50, Appendix G Letter NRC-2010-0240, One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3)2010-06-24024 June 2010 One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3) ML1017304822010-06-24024 June 2010 One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3) ML1017304572010-06-24024 June 2010 One-time Exemption from the Requirements of 10 CFR Part 26, Section 26.205(d)(3) Ltr L-10-166, Request for One-Time Exemption from the Requirements of 10 CFR 26.205(d)(3)2010-05-28028 May 2010 Request for One-Time Exemption from the Requirements of 10 CFR 26.205(d)(3) ML1007407042010-03-26026 March 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0509701362005-07-21021 July 2005 Exemption from the Requirements of 10 CFR Part 50, Appendix R, Section III.G.3 ML0425906412004-11-29029 November 2004 Exemption, Authorize New Method of Preventing Boric Acid Precipitation within the Reactor Vessel Core Region Following Certain Loss-of-Coolant Accidents ML0201003662002-12-26026 December 2002 Exemption from Requirements of 10 CFR Part 50, Section Iii.G of Appendix R 2024-09-17
[Table view] Category:Federal Register Notice
MONTHYEARML24134A1562024-09-19019 September 2024 Exemption from the Requirements of 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule (EPID L-2024-LLE-0005) - FRN ML24102A2572024-04-25025 April 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - March 2024 ML23237B4412023-09-29029 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Federal Register Notice, Direct and Indirect License Transfer Issuance Order ML23124A0772023-05-17017 May 2023 Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (FRN) ML23129A0112023-05-16016 May 2023 Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (Letter) ML22147A1252022-07-14014 July 2022 Federal Register Notice: Environmental Assessment and Finding of No Significant Impact Regarding License Amendment Request to Revise the Emergency Plan for Davis-Besse Nuclear Power Station, Unit No. 1 ML22147A1242022-07-14014 July 2022 Environmental Assessment and Finding of No Significant Impact Regarding License Amendment Request to Revise the Emergency Plan ML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML21123A0842021-05-19019 May 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in April 2021 ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20119B0682020-05-0808 May 2020 Exemption ML20119B0702020-05-0808 May 2020 Federal Register Notice ML19303A0672019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Federal Register Notice, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 ML19212A1372019-08-0606 August 2019 Federal Register Notice for Withdrawal of October 22, 2018, License Amendment Application ML19212A1352019-08-0606 August 2019 Federal Register Notice for Withdrawal of February 5, 2019, License Amendment Application for Post-Shutdown Emergency Plan ML19212A1362019-08-0606 August 2019 Federal Register Notice for Withdrawal of February 5, 2019, License Amendment Application for Permanently Defueled Technical Specifications ML19212A1392019-08-0606 August 2019 Withdrawal of Licensing Actions Associated with the Permanent Shut Down of the Plant (Epids L-2018-LLA-0287, L-2019-LLA-0011, L-2019-LLA-0012, L-2019-LLE-0011, and L-2019-LLQ-0000) ML19162A1332019-07-31031 July 2019 Federal Register Notice: Firstenergy Nuclear Operating Company Davis-Besse ISFSI - Environmental Assessment and Finding of No Significant Impact; Issuance ML19151A4742019-06-24024 June 2019 Letter to FENOC - Individual FRN Regarding Application for Order Consenting to Transfer of Licenses and Conforming Amendments. Notice of Consideration of Approval of Transfers and Conforming Amendments and Opportunity for Comments and a Hea ML19151A4932019-06-24024 June 2019 Individual FRN Regarding Application for Transfer of Licenses and Conforming Amendments. Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for Comments and a Hearing ML19067A0222019-06-0404 June 2019 FENOC - Exemption (EPID-L-2018-LLE-0016) ML19067A0232019-06-0404 June 2019 FENOC - Notice of Issuance of Exemption FRN (EPID-L-2018-LLE-0016) ML19133A0722019-05-16016 May 2019 FENOC Fleet - Beaver Valley 1 & Davis Besse 1 Withdrawal of an Amendment Request Administrative License Amendment Request to Reflect a Change in the Entity Providing a $400 Million Support Agreement (CAC Nos. MF9714 & MF9715, EPID L-2017-LL ML19133A0492019-05-16016 May 2019 FENOC Fleet FRN Notice Withdrawal of the Application ML19052A0412019-04-0404 April 2019 OEDO-18-00160 - Notice of Issuance of Final Director'S Decision in FRN ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML19056A5352019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 NRC-2019-0065, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/20192019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 NRC-2018-0192, Firstenergy Nuclear Operating Company (Fenoc); Firstenergy Nuclear Generation, LLC; Environmental Assessment2018-09-0404 September 2018 Firstenergy Nuclear Operating Company (Fenoc); Firstenergy Nuclear Generation, LLC; Environmental Assessment ML18130A8492018-09-0404 September 2018 Firstenergy Nuclear Operating Company (Fenoc); Firstenergy Nuclear Generation, LLC; Environmental Assessment ML18130A8852018-08-29029 August 2018 FENOC Fleet - Beaver Valley; Davis-Besse; Perry - Environment Assessment and Finding of No Significant Impact Related to Exemption Request for a Physical Barrier Requirement (CAC Nos. MG0010, MG0011, MG0012, and MG0013; EPID L-2018-LLE-0019 ML18220B3172018-08-27027 August 2018 OEDO-18-00160, Individual Fr Notice for Publication, 10 CFR 2206 Request-Action, FENOC Fleet 2.206 Petition ML18220B3142018-08-27027 August 2018 OEDO-18-00160 - Acknowledgement Letter 2.206 Petition for Citizen Complaint and Request for Enforcement Action Regarding Firstenergy Nuclear Facility Operations in Ohio and Pennsylvania NRC-2018-0174, OEDO-18-00160, Individual Fr Notice for Publication, 10 CFR 2206 Request-Action, FENOC Fleet 2.206 Petition2018-08-27027 August 2018 OEDO-18-00160, Individual Fr Notice for Publication, 10 CFR 2206 Request-Action, FENOC Fleet 2.206 Petition ML16336A0622017-01-0404 January 2017 Environmental Assessment and Finding of No Significant Impact Related to License Amendment Request to Revise Technical Specification 5.5.3, Radioactive Effluents Controls Program ML16250A3132016-09-0707 September 2016 EA-16-022 Davis Besse FRN Notice NRC-2016-0191, EA-16-022 Davis Besse FRN Notice2016-09-0707 September 2016 EA-16-022 Davis Besse FRN Notice ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 ML15294A4112015-12-0808 December 2015 License Renewal FRN ML15070A4002015-04-29029 April 2015 FRN-Notice of Availability of the Final Plant-Specific Supplement 52 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Davis-Besse Nuclear Power Station, Unit 1 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 NRC-2014-0162, Federal Register Notice - Confirmatory Order Modifying License, Davis-Besse Nuclear Power Station, Unit 12014-06-30030 June 2014 Federal Register Notice - Confirmatory Order Modifying License, Davis-Besse Nuclear Power Station, Unit 1 ML14164A2102014-06-30030 June 2014 Federal Register Notice - Confirmatory Order Modifying License, Davis-Besse Nuclear Power Station, Unit 1 ML14050A0782014-02-24024 February 2014 Notice of Availability of Draft Plant-Specific Supplement 52 to Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Davis-Besse Nuclear Power Station, Unit 1 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML13155A1132013-06-0404 June 2013 Federal Register Notice Published 6/4/2013, 78 Fr 33448-33449, Application for License to Export High-Enriched Uranium ML12237A1572012-08-28028 August 2012 Federal Register Notice Regarding the ACRS Plant License Renewal (Davis Besse)Subcommittee Meeting, September 19, 2012 ML1208002922012-03-20020 March 2012 Sunshine Federal Register Notice for Week of March 26, 2012 ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status 2024-09-19
[Table view] |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION FIRSTENERGY NUCLEAR OPERATING COMPANY DAVIS-BESSE NUCLEAR POWER STATION DOCKET NO. 50-346 EXEMPTION [NRC-2010-0240]
1.0 BACKGROUND
FirstEnergy Nuclear Operating Company (FENOC, the licensee) is the holder of Facility Operating License No. NFP-3, which authorizes operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of one pressurized-water reactor located in Ottawa County, Ohio.
2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR) Part 26, "Fitness for duty programs," Section 26.205(d)(3), "Work hour controls," requires licensees to ensure that individuals have, at a minimum, the number of days off as specified in 10 CFR 26.205(d)(3). It is from portions of 10 CFR 26.205(d)(3) that DBNPS now seeks a one-time exemption.
By letter dated May 28, 2010, as supplemented by electronic correspondence dated June 9, June 11, and June 16, 2010, the licensee requested a one-time exemption in accordance with 10 CFR 26.9, "Specific exemptions." The regulation at 10 CFR 26.205(d)(4) and (d)(5) permit the use of less restrictive hour limitations during the first 60 days of a unit outage, in lieu if the requirements of 10 CFR 26.205(d)(3). The licensee has requested a one-time exemption to allow the use of the less restrictive hour limitations described in 10 CFR 26.205(d)(4) and (d)(5). The exemption would apply to operations (who also comprise of the fire brigade), maintenance, security, chemistry and radiation protection personnel as defined in 10 CFR 26.4(a)(1) through (a)(5). Being granted this one-time exemption would allow the licensee to complete work activities to support the current, extended DBNPS refueling outage.
3.0 DISCUSSION
OF PART 26 EXEMPTION FROM CERTAIN WORK HOUR CONTROL REQUIREMENTS Pursuant to 10 CFR 26.9, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 26 when the exemptions are authorized by law, and will not endanger life or property or the common defense and security, and are otherwise in the public interest. The approval of this exemption, as noted above, would allow the licensee to use the work hour limitations as described in 10 CFR 26.205(d)(4) and (d)(5), in lieu if the requirements of 10 CFR 26.205(d)(3). As stated above, 10 CFR 26.9 allows the NRC to grant exemptions from the requirements of 10 CFR 26. The NRC staff has determined that granting of the licensee's proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is authorized by law. Davis-Besse Nuclear Power Station Exemption Request The licensee provided detailed information in the enclosure of its May 28, 2010 letter, as supplemented by electronic correspondence dated June 9, June 11, and June 16, 2010, requesting an exemption. Specifically, the licensee entered the current outage on February 28, 2010. The outage has been extended due need to perform modifications to several control rod drive mechanism nozzles prior to restart. Due to the extension of the outage, plant personal performing duties defined by 10 CFR 26.4(a)(1) through (a)(5), including the fire brigade, will have been working hours in accordance with the requirements of 10 CFR 26.205(d)(3) prior to the application of the less restrictive working hour limitations of 10 CFR 26.205(d)(4) and (d)(5) that would be authorized by this exemption. This provides assurance that covered workers are not already fatigued from working an outage schedule. Granting this exemption would allow the licensee to implement the less restrictive work hour requirements of 10 CFR 26.205(d)(4) and (d)(5) to allow flexibility in scheduling required days off while accommodating the more intensive work schedules that accompany completion of a unit outage. Notwithstanding the exemption for this specific requirement, the licensee will continue to be in compliance with all other requirements as described in 10 CFR 26.
4.0 ENVIRONMENTAL CONSIDERATION
The exemption authorizes a one-time exemption from the requirements of 10 CFR 26.205(d)(3) to allow the use of the less restrictive hour limitations described in 10 CFR 26.205(d)(4) and (d)(5). The NRC has determined that this exemption involves no significant hazards considerations:
(1) The proposed exemption is administrative in nature and is limited to changing the timeframe when less restrictive hours can be worked. The proposed exemption does not make any changes to the facility or operating procedures and does not alter the design, function or operation of any plant equipment. Therefore, issuance of this exemption does not increase the probability or consequences of an accident previously evaluated.
(2) The proposed exemption is administrative in nature and is limited to changing the timeframe when less restrictive hours can be worked. The proposed exemption does not make any changes to the facility or operating procedures and would not create any new accident initiators. The proposed exemption does not alter the design, function or operation of any plant equipment. Therefore, this exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated. (3) The proposed exemption is administrative in nature and is limited to changing the timeframe when less restrictive hours can be worked. The proposed exemption does not alter the design, function or operation of any plant equipment. Therefore, this exemption does not involve a significant reduction in a margin of safety.
Based on the above, the NRC concludes that the proposed exemption does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of "no significant hazards consideration" is justified. The NRC staff has also determined that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative occupational radiation exposure; that there is no significant construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirement from which the licensee will be exempted involves scheduling requirements. Accordingly, the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25).
Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.
5.0 CONCLUSION
The staff has reviewed the licensee's submittals and concludes that the licensee has provided adequate justification for its request for a one-time 21-day exemption from 10 CFR 26.205(d)(3) to allow the use of the less restrictive hour limitations described in 10 CFR 26.205(d)(4) and (d)(5). The NRC has determined that the need to ensure adequate numbers of qualified workers to complete unit outage activities, given that workers will have been working hours in accordance with the requirements of 10 CFR 26.205(d)(3) prior to application of this exemption, justifies granting this exemption.
Accordingly, the Commission has determined that pursuant to 10 CFR 26.9, "Specific exemptions," an exemption from 10 CFR 26.205(d)(3) is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore the Commission hereby grants the licensee's request for a one-time, twenty-one day exemption from 10 CFR 26.205(d)(3) to allow the use of the work hour limitations described in 10 CFR 26.205(d)(4) and (d)(5).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24 day of June 2010. FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation