[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5216-5218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1911]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; NRC-2011-0024]


Florida Power Corporation, Crystal River Unit 3 Nuclear 
Generating Plant; Exemption

1.0 Background

    Florida Power Corporation (the licensee) is the holder of Facility 
Operating License No. DPR-72, which authorizes operation of the Crystal 
River

[[Page 5217]]

Unit 3 Nuclear Generating Plant (Crystal River). 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 
Citrus County, Florida.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 55, 
``Operators' Licenses,'' Section 55.59, ``Requalification,'' requires 
that a facility's 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    By letter dated December 2, 2010, as superseded by letter dated 
December 13, 2010, the licensee requested a one-time exemption under 10 
CFR 55.11 from the schedule requirements of 10 CFR 55.59. Specifically 
for Crystal River, the licensee has requested a one-time extension from 
February 28, 2011, to April 30, 2011, for completing the current 
licensed operator requalification program. The next requalification 
program period would begin May 1, 2011, and continue for 24 months to 
April 30, 2013, with successive periods running for 24 months. This 
requested exemption would allow an extension of 2 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.

Authorized by Law

    The exemption being requested for Crystal River would alleviate 
potential scheduling difficulties associated with administering 
requalification examinations and completing the requalification program 
at the end of an extended shutdown period. As stated above, 10 CFR 
55.11 allows the NRC to grant exemptions from the requirements of 10 
CFR Part 55. The NRC staff has determined that granting of the 
licensee's proposed exemption will 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.

No Endangerment of Life or Property and Otherwise in the Public 
Interest

    The underlying purposes of 10 CFR 55 are to establish procedures 
and criteria for the issuance of licenses to operators, provide for the 
terms and conditions upon which the Commission will issue or modify 
these licenses, and provide for the terms and conditions to maintain 
and renew these licenses. Specifically, 10 CFR 55.59 establishes the 
requirements for operator requalification programs and requires a 2-
year (24-month) requalification schedule to include a biennial 
comprehensive written examination and annual operating tests.
    Crystal River is in the final stages of an extended outage in which 
significant plant modifications have been completed. Crystal River has 
requested a 2-month extension to the requirements of 10 CFR 55.59 due 
to the reasonable probability of activities associated with plant 
startup overlapping the biennial comprehensive written examination and 
annual operating examination period.
    Although the 24-month schedule requirement of 10 CFR 55.59 at 
Crystal River would be exceeded, Crystal River has trained the licensed 
operators on the plant modifications completed during the outage and 
examined operators on the modified plant configuration with positive 
results. During both the originally scheduled and extended periods of 
the outage, Crystal River has continued the requalification training 
cycle in accordance with the Institute of Nuclear Power Operations 
(INPO) accredited training program. All Crystal River licensed 
operators are actively enrolled in the accredited training program.
    Moving the end of the requalification program, including the 
biennial comprehensive written examination and annual operating test, 
to April 30, 2011, would: (1) Allow operators to focus on preparing for 
and performing activities associated with plant startup after an 
extended maintenance period with significant plant modifications; (2) 
maximize the number of licensed operators available to perform licensed 
duties during startup; and (3) assist in managing operator fatigue 
during startup activities.
    Licensed operator fatigue is of serious concern to the NRC, and the 
NRC staff has concluded that this exemption will allow the licensee to 
better manage licensed operator fatigue during a period of high 
workload. Further, the NRC staff has concluded that allowing operators 
to focus on startup activities will support safe plant operations 
during a series of infrequently performed evolutions. Based on the 
above, the NRC staff has determined that the exemption will not 
endanger life or property and is otherwise in the public interest.

4.0 Environmental Consideration

    This exemption authorizes a one-time exemption from the 
requirements of 10 CFR 55.59(c)(1) for Crystal River. The NRC staff has 
determined that this exemption involves no significant hazards 
considerations:
    (1) The proposed exemption is administrative in nature and is 
limited to extending the current licensed operator requalification 
program period for Crystal River from 24 to 26 months on a one-time 
only basis. 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 extending the current licensed operator requalification 
program period for Crystal River from 24 to 26 months on a one-time 
only basis. 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 extending the current licensed operator requalification 
program period for Crystal River from 24 to 26 months on a one-time 
only basis. 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 the margin of safety.
    Based on the above, the NRC staff 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

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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 
exemption.

5.0 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 Crystal River 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 Florida Power Corporation an 
exemption on a one-time only basis from the schedule requirement of 10 
CFR 55.59, to allow the completion date for the current licensed 
operator requalification program for the Crystal River Unit 3 Nuclear 
Generating Plant to be extended from February 28, 2011, to April 30, 
2011. The next requalification program period would begin May 1, 2011, 
and continue for 24 months to April 30, 2013, with successive periods 
running for 24 months.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of January 2011.

    For the Nuclear Regulatory Commission.

Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-1911 Filed 1-27-11; 8:45 am]
BILLING CODE 7590-01-P