ML031570305

Exemption from Requirements of 10 CFR Part 55, Section 55.59

ML031570305
Person / Time
Site:	Oyster Creek
Issue date:	06/27/2003
From:	Tam P NRC/NRR/DLPM/LPD1
To:	Skolds J AmerGen Energy Co
Muller D, NRR/DIPM/IEHB, 415-1412
References
TAC MB9127
Download: ML031570305 (8)

Text

June 27, 2003 Mr. John L. Skolds Chairman and CEO AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 55, SECTION 55.59 (TAC NO.

MB9127)

Dear Mr. Skolds:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 55, Section 55.59 for the Oyster Creek Nuclear Generating Station. This action is in response to a letter from Mr. M. P. Gallagher, Director, Licensing and Regulatory Affairs, AmerGen Energy Company, LLC, dated May 30, 2003, that requested a one-time exemption from the licensed operator requalification program schedule requirements of 10 CFR 55.59. Due to the current labor strike at Oyster Creek, the exemption requested would allow 90 days following resolution of the strike, but no later than December 31, 2003, to complete the current licensed operator requalification program. The next requalification program period would begin upon conclusion of the current program and continue to June 30, 2005, with successive periods running for 24 months.

A copy of the exemption is enclosed and is being forwarded to the Office of the Federal Register for publication.

Sincerely,

\RA\

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219

Enclosure:

Exemption cc w/encl: See next page

Mr. John L. Skolds June 27, 2003 Chairman and CEO AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 55, SECTION 55.59 (TAC NO.

MB9127)

Dear Mr. Skolds:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 55, Section 55.59 for the Oyster Creek Nuclear Generating Station. This action is in response to a letter from Mr. M. P. Gallagher, Director, Licensing and Regulatory Affairs, AmerGen Energy Company, LLC, dated May 30, 2003, that requested a one-time exemption from the licensed operator requalification program schedule requirements of 10 CFR 55.59. Due to the current labor strike at Oyster Creek, the exemption requested would allow 90 days following resolution of the strike, but no later than December 31, 2003, to complete the current licensed operator requalification program. The next requalification program period would begin upon conclusion of the current program and continue to June 30, 2005, with successive periods running for 24 months.

A copy of the exemption is enclosed and is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219

Enclosure:

Exemption cc w/encl: See next page DISTRIBUTION PUBLIC PD1-1 R/F CHolden RLaufer PTam DMuller SLittle RConte, RI Ablamey, RI OGC ACRS GHill Adams Accession No. ML031570305 OFFICE IEHB/OHS SC:IEHB/OHS BC:IEHB LA:PD1-1 PM:PD1-1 NAME DMuller DTrimble TQuay SLittle PTam DATE 6/9/2003 6/9/2003 6/10/2003 6/11/2003 6/11/2003 OFFICE SC:PD1-1 D:PD1 OGC D:DIPM NAME RLaufer CHolden* SUttal BBoger**

DATE 6/23/2003 6/23/2003 6/19/2003 6/24/2003 OFFICIAL RECORD COPY

• R. Laufer concurred for C. Holden. **C. Carpenter concurred for B. Boger.

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AMERGEN ENERGY COMPANY, LLC OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219 EXEMPTION

1.0 BACKGROUND

AmerGen Energy Company, LLC (the licensee) is the holder of Facility Operating License No. DPR-16, which authorizes operation of the Oyster Creek Nuclear Generating Station (Oyster Creek). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (the Commission) now or hereafter in effect.

The facility consists of one boiling-water reactor located in Ocean County, New Jersey.

2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR) Section 55.59 requires that a facilitys licensed operator requalification program be conducted for a continuous period not to exceed 2 years (24 months) and upon conclusion must be promptly followed, pursuant to a continuous schedule, by successive requalification programs. Each 2-year requalification program must include a biennial comprehensive written examination and annual operating tests.

By letter dated May 30, 2003, the licensee requested a one-time exemption under 10 CFR 55.11 from the schedule requirements of 10 CFR 55.59. Specifically, due to the current labor strike at Oyster Creek, the exemption requested would allow 90 days following resolution of the strike, but no later than December 31, 2003, to complete the current licensed operator requalification program. The next requalification program period would begin upon

conclusion of the current program and continue to June 30, 2005, with successive periods running for 24 months. This requested exemption would allow an extension of the current operator requalification program, which was originally scheduled to conclude on June 30, 2003, by up to 6 months beyond the 24-month requalification program schedule required by 10 CFR 55.59.

3.0 DISCUSSION Pursuant to 10 CFR 55.11, the Commission may, upon application by an interested person, or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 55 when the exemptions are authorized by law and will not endanger life or property and are otherwise in the public interest. The exemption being requested for Oyster Creek is due to an ongoing labor strike, which began on May 22, 2003, and included Oyster Creek licensed reactor operators. As a result of the strike, licensed reactor operators are not available to complete the current requalification program, and licensed senior reactor operators, who are filling the reactor operator vacancies, would be significantly challenged to complete the requalification program while operating the plant.

Although the 24-month schedule requirement of 10 CFR 55.59 at Oyster Creek would be exceeded, operator performance continues to be satisfactory. The licensee has a sound compensatory plan in place for completing the current requalification program and returning to licensed duties the reactor operators currently on strike, and granting this exemption would support this plan. Granting this exemption will allow Oyster Creek to continue with safe plant operations without undue hardship to plant personnel and Oyster Creek licensed operators.

4.0 CONCLUSION

Accordingly, the Commission has determined that, pursuant to 10 CFR 55.11, granting an exemption to the licensee from the schedule requirements in 10 CFR 55.59, by allowing Oyster Creek a one-time extension in the allowed time for completing the current licensed operator

requalification program, is authorized by law and will not endanger life or property and is otherwise in the public interest. Therefore, the Commission hereby grants AmerGen Energy Company, LLC, an exemption on a one-time only basis from the schedule requirement of 10 CFR 55.59, to allow Oyster Creek Nuclear Generating Station 90 days following resolution of the current labor strike, but no later than December 31, 2003, to complete the current licensed operator requalification program. The next requalification program period would begin upon conclusion of the current program and continue to June 30, 2005, with successive periods running for 24 months.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (68 FR 38400).

This exemption is effective upon issuance and expires on January 1, 2004.

Dated at Rockville, Maryland, this 27th day of June 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Cynthia A. Carpenter, Acting Director Division of Inspection Program Management Office of Nuclear Reactor Regulation

Oyster Creek Nuclear Generating Station cc:

Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road H. J. Miller Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Senior Vice President - Nuclear Services 475 Allendale Road Exelon Generation Company, LLC King of Prussia, PA 19406-1415 4300 Winfield Road Warrenville, IL 60555 Mayor of Lacey Township 818 West Lacey Road Vice President - Mid-Atlantic Operations Forked River, NJ 08731 Support Exelon Generation Company, LLC Senior Resident Inspector 200 Exelon Way, KSA 3-N U.S. Nuclear Regulatory Commission Kennett Square, PA 19348 P.O. Box 445 Forked River, NJ 08731 Senior Vice President - Mid-Atlantic Regional Operating Group Director Licensing Exelon Generation Company, LLC Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Correspondence Control Kennett Square, PA 19348 P.O. Box 160 Kennett Square, PA 19348 John E. Matthews, Esquire Morgan, Lewis, & Bockius LLP Oyster Creek Generating Station Plant 1111 Pennsylvania Avenue, NW Manager Washington, DC 20004 AmerGen Energy Company, LLC P.O. Box 388 Kent Tosch, Chief Forked River, NJ 08731 New Jersey Department of Environmental Protection Regulatory Assurance Manager Bureau of Nuclear Engineering Oyster Creek CN 415 AmerGen Energy Company, LLC Trenton, NJ 08625 P.O. Box 388 Forked River, NJ 08731 Vice President - Licensing and Regulatory Affairs Vice President, General Counsel and Exelon Generation Company, LLC Secretary 4300 Winfield Road Exelon Generation Company, LLC Warrenville, IL 60555 300 Exelon Way Kennett Square, PA 19348 Site Vice President Oyster Creek Nuclear Generating Station J. Rogge, Region I AmerGen Energy Company, LLC U.S. Nuclear Regulatory Commission P.O. Box 388 475 Allendale Road Forked River, NJ 08731 King of Prussia, PA 19406-1415

Oyster Creek Nuclear Generating Station cc:

Manager Licensing - Oyster Creek and Three Mile Island Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348