ML12125A215

Withdrawal of Requested Licensing Action Regarding Part 26 Work Hour Controls Exemption (TAC Nos. ME7334, ME7338, and ME7339)

ML12125A215
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	05/18/2012
From:	Jason Paige Plant Licensing Branch II
To:	Nazar M Florida Power & Light Co
Paige J
References
TAC ME7334, TAC ME7338, TAC ME7339
Download: ML12125A215 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 May 18, 2012 Mr. Mano Nazar Executive Vice President and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 ST. LUCIE PLANT, UNIT 1 AND TURKEY POINT, UNIT 3 -WITHDRAWAL OF REQUESTED LICENSING ACTION REGARDING PART 26, WORK HOUR CONTROLS EXEMPTION (TAC NOS. ME7334, ME7338 AND ME7339)

Dear Mr. Nazar:

By two letters dated October 14, 2011. Florida Power & Light Company requested one-time exemptions from portions of Title 10 of the Code of Federal Regulations (10 CFR). part 26, section 205(d)(3), for St. Lucie, Unit 1, and Turkey Point, Unit 3. The proposed exemptions would allow the use of less restrictive outage working hour limitations described in 10 CFR 26.205(d)(4) and (5) to support the activities related to the extended power uprate (EPU) refueling outages that started in November 2011 and February 2012 for St. Lucie, Unit 1 and Turkey Point, Unit 3, respectively.

Both refueling outages were expected to last greater than 110 days. The proposed exemptions would have allowed the use of relaxed minimum day off (MDO) requirements of 10 CFR 26.205(d)(4) and (5) beyond the period specified in the rule to support activities related to the EPU refueling outages for the subject units. The exemption request would apply to all individuals subject to work hour controls, 10 CFR 26.4(a)(1) through (5), including individuals who compose the fire brigade. The licensee proposed using the MDO requirements of 10 CFR 26.205(d)(4) and (5) at the beginning of the outage and at the end of the outage. Between those two intervals, the licensee would have individuals work fewer hours to attempt to mitigate individual fatigue. Consistent with 10 CFR 26.9, the U.S. Nuclear Regulatory Commission (NRC) may grant an exemption from the NRC's regulations as long as the action is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.

In making its determination as to the above criteria, the NRC staff also keeps in mind the underlying intent and purpose of the rule as described in the Statements of Consideration for that rule. The outage relaxation of the MDO requirements require fewer days off during the first 60 days of an outage for covered workers while working on outage activities.

The Statements of Consideration to Part 26 state that this relaxation is acceptable because individuals are capable of working with limited rest without degraded performance for short periods of time. However, research has shown that the ability to sustain performance without adequate rest is limited. In setting the maximum duration of the exclusion period, the NRC considered that by the end of M. Nazar -the 60-day period individuals who are performing covered work will have worked approximately 576 hours0.00667 days <br />0.16 hours <br />9.523809e-4 weeks <br />2.19168e-4 months <br />, which reduces the number of days off available to prevent and/or recover from cumulative fatigue. The regulations allow licensees to extend the relaxed outage MOO requirements in 10 CFR 26.205(d)(6).

This provision allows an extension in 7-day increments, for individuals who are demonstrated to have worked no more than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in any non-overlapping 7-day period during the first 60 days of a unit outage. If taken advantage of, the maximum extension is 56 days or, in other words, from day 61 through day 116. The proposed exemption in its current form would essentially allow individuals to work under the relaxed outage MOO requirements for a period of approximately 90 -105 days, and the staff has determined that the time when the individuals would be working fewer hours than the outage relaxation MOO requirements would not allow individuals to recuperate from cumulative fatigue. The proposal would not increase safety or maintain the safety established by the provisions in the current rule, which provides assurance that individuals are not fatigued.

The application of the exemption would not be in accordance with the standards in 10 CFR 26.9 with regards to not endangering life, or property and common defense and security.

By letters dated April 19 and 20, 2012, you requested to withdraw the exemption requests from NRC review. The NRC acknowledges your requests.

The NRC staff activities on the reviews have ceased and the associated Technical Assignment Control numbers have been closed. If you have any questions, please contact m son C. Paige, Project Manager lant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-335 cc: Distribution via Listserv M. Nazar -2 the 60-day period individuals who are performing covered work will have worked approximately 576 hours0.00667 days <br />0.16 hours <br />9.523809e-4 weeks <br />2.19168e-4 months <br />, which reduces the number of days off available to prevent and/or recover from cumulative fatigue. The regulations allow licensees to extend the relaxed outage MOO requirements in 10 CFR 26.205(d)(6}.

This provision allows an extension in 7-day increments, for individuals who are demonstrated to have worked no more than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in any non-overlapping 7-day period during the first 60 days of a unit outage. If taken advantage of, the maximum extension is 56 days or, in other words, from day 61 through day 116. The proposed exemption in its current form would essentially allow individuals to work under the relaxed outage MOO requirements for a period of approximately 90 -105 days, and the staff has determined that the time when the individuals would be working fewer hours than the outage relaxation MOO requirements would not allow individuals to recuperate from cumulative fatigue. The proposal would not increase safety or maintain the safety established by the provisions in the current rule, which provides assurance that individuals are not fatigued.

The application of the exemption would not be in accordance with the standards in 10 CFR 26.9 with regards to not endangering life, or property and common defense and security.

By letters dated April 19 and 20, 2012, you requested to withdraw the exemption requests from NRC review. The NRC acknowledges your requests.

The NRC staff activities on the reviews have ceased and the associated Technical Assignment Control numbers have been closed. If you have any questions, please contact me at (301) 415-5888.

Sincerely, IRA! Jason C. Paige, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-335 cc: Distribution via Listserv DISTRIBUTION:

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