[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Notices]
[Pages 24510-24514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11300]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. (as shown in Attachment 1); License Nos. (as shown in
Attachment 1); EA-03-038]
All Operating Power Reactor Licensees; Order Modifying Licenses
(Effective Immediately)
The licensees identified in Attachment 1 to this Order hold
licenses issued by the U.S. Nuclear Regulatory Commission (NRC or
Commission) authorizing operation of nuclear power plants in accordance
with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal
Regulations (10 CFR) part 50. Commission regulations at 10 CFR
50.54(p)(1) require these licensees to maintain safeguards contingency
plan procedures in accordance with 10 CFR part 73, Appendix C. Specific
safeguards requirements for reactors are contained in 10 CFR 73.55.
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and Washington, DC, utilizing large commercial
aircraft as weapons. In response to the attacks and intelligence
information subsequently obtained, the Commission issued a number of
Safeguards and Threat Advisories to its licensees in order to
strengthen licensees' capabilities and readiness to respond to a
potential attack on a nuclear facility. On February 25, 2002, the
Commission issued Orders to the licensees of operating power reactors
to put the actions taken in response to the Advisories in the
established regulatory framework and to implement additional security
enhancements which emerged from the NRC's ongoing comprehensive
security review.
[[Page 24511]]
Work hour demands on nuclear facility security force personnel have
increased substantially since the September 11, 2001 attacks and the
current threat environment continues to require heightened security
measures. The Commission has determined that the security measures
addressed by the enclosed compensatory measures are required to be
implemented by licensees as prudent measures to address issues that may
arise from work-hour related fatigue of nuclear facility security force
personnel. Therefore, the Commission is imposing requirements, as set
forth in Attachment 2 of this Order, on all licensees of these
facilities. These requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the public health and safety and common defense and security
continue to be adequately protected. These requirements will remain in
effect until the Commission determines otherwise.
In order to provide assurance that licensees are implementing
prudent measures to achieve a consistent level of protection, all
licenses identified in Attachment 1 to this Order shall be modified to
include the requirements identified in Attachment 2 to this Order. In
addition, pursuant to 10 CFR 2.202, the NRC finds that in the
circumstances described above, the public health, safety and interest
require that this Order be immediately effective.
Accordingly, pursuant to sections 103, 104, 161b, 161i, 161o, 182
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50 and 73, It
is hereby ordered, effective immediately, that all licenses identified
in attachment 1 to this order are modified as follows:
A. All Licensees shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment 2 to this Order except to the
extent that a more stringent requirement is set forth in the Licensees'
security plans. The Licensees shall immediately start implementation of
the requirements in Attachment 2 to the Order and shall complete
implementation no later than October 29, 2003.
B. 1. All Licensees shall, within thirty-five (35) days of the date
of this Order, notify the Commission, (1) if they are unable to comply
with any of the requirements described in Attachment 2, (2) if
compliance with any of the requirements is unnecessary in their
specific circumstances, or (3) if implementation of any of the
requirements would cause the Licensee to be in violation of the
provisions of any Commission regulation or the facility license. The
notification shall provide the Licensee's justification for seeking
relief from or variation of any specific requirement.
2. Any Licensee that considers that implementation of any of the
requirements described in Attachment 2 to this Order would adversely
impact safe operation of the facility must notify the Commission,
within thirty-five (35) days of this Order, of the adverse safety
impact, the basis for its determination that the requirement has an
adverse safety impact, and either a proposal for achieving the same
objectives specified in the Attachment 2 requirement in question, or a
schedule for modifying the facility to address the adverse safety
condition. If neither approach is appropriate, the Licensee must
supplement its response to Condition B.1 of this Order to identify the
condition as a requirement with which it cannot comply, with attendant
justifications as required in Condition B.1.
C. 1. All Licensees shall, within thirty-five (35) days of the date
of this Order, submit to the Commission, a schedule for achieving
compliance with each requirement described in Attachment 2.
2. All Licensees shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
2.
D. Notwithstanding the provisions of 10 CFR 50.54(p), all measures
implemented or actions taken in response to this Order shall be
maintained until the Commission determines otherwise.
Licensees' responses to Conditions B.1, B.2, C.1, and C.2 above,
shall be submitted in accordance with 10 CFR 50.4. In addition,
Licensees' submittals that contain Safeguards Information shall be
properly marked and handled in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Reactor Regulation may, by letter,
relax or rescind any of the above conditions upon demonstration by the
Licensee of good cause.
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within thirty-five (35)
days of the date of this Order. Where good cause is shown,
consideration will be given to extending the time to request a hearing.
A request for extension of time in which to submit an answer or request
a hearing must be made in writing to the Director, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555, and include a statement of good cause for the extension. The
answer may consent to this Order. Unless the answer consents to this
Order, the answer shall, in writing and under oath or affirmation,
specifically set forth the matters of fact and law on which the
Licensee or other person adversely affected relies and the reasons as
to why the Order should not have been issued. Any answer or request for
a hearing shall be submitted to the Secretary, Office of the Secretary
of the Commission, U.S. Nuclear Regulatory Commission, ATTN:
Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also
shall be sent to the Director, Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the
Assistant General Counsel for Materials Litigation and Enforcement at
the same address; to the Regional Administrator for NRC Region I, II,
III, or IV, as appropriate for the specific facility; and to the
Licensee if the answer or hearing request is by a person other than the
Licensee. Because of possible disruptions in delivery of mail to United
States Government offices, it is requested that answers and requests
for hearing be transmitted to the Secretary of the Commission either by
means of facsimile transmission to 301-415-1101 or by e-mail to
[email protected] and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to [email protected]. If a person other than the licensee requests
a hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by the Licensee or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a
[[Page 24512]]
hearing, the provisions specified in Section III above shall be final
thirty-five (35) days from the date of this Order without further order
or proceedings. If an extension of time for requesting a hearing has
been approved, the provisions specified in Section III shall be final
when the extension expires if a hearing request has not been received.
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
For the Nuclear Regulatory Commission.
Dated this 29th day of April 2003.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Attachment 1
List of Addressees
Michael R. Higgins, Superintendent of Plant Security, Arkansas
Nuclear One, Units 1 & 2, Entergy Operations, Inc., Docket Nos. 50-
313 & 50-368, License Nos. DPR-51 & NPF-6, 1448 S.R. 333,
Russellville, AR 72802.
Mark Bezilla, Vice President, Beaver Valley Power Station, Units 1 &
2, FirstEnergy Nuclear Operating Company, Docket Nos. 50-334 & 50-
412, License Nos. DPR-66 & NPF-73, Route 168, Shippingport, PA
15077-0004.
Gregory Baker, Braidwood Station, Units 1 & 2, Exelon Generation
Company, LLC, Docket Nos. STN 50-456 & STN 50-457, License Nos. NPF-
72 & NPF-77, 35100 S. Rt. 53, Suite 84, Braceville, IL 60407.
Ashok S. Bhatnagar, Site Vice President, Browns Ferry Nuclear Plant,
Units 1, 2, & 3, Tennessee Valley Authority, Docket Nos. 50-259, 50-
260 & 50-296, License Nos. DPR-33, DPR-52 & DPR-68, Intersection
Limestone Country Roads 20 and 25, Athens, AL 35611.
Allen Brittain, Security Manager, Brunswick Steam Electric Plant,
Units 1 & 2, Progress Energy, Docket Nos. 50-325 & 50-324, License
Nos. DPR-71 & DPR-62, Hwy 87, 2.5 Miles North, Southport, NC 28461.
David Combs, Byron Station, Units 1 & 2, Exelon Generation Company,
LLC, Docket Nos. STN 50-454 & STN 50-455, License Nos. NPF-37 & NPF-
66, 4450 N. German Church Road, Byron, IL 61010.
J. Mark Dunbar, Security Manager, Callaway Plant, Unit 1, Ameren
Union Electric Company, Docket No. STN 50-483, License No. NPF-30,
Highway CC, (5 Miles North of Highway 94) Portland, MO 65067.
Vince Williams, Security Programs Specialist, Calvert Cliffs Nuclear
Power Plant, Units 1 & 2, Calvert Cliffs Nuclear Power Plant, Inc.,
Docket Nos. 50-317 & 50-318, License Nos. DPR-53 & DPR-69, 1650
Calvert Cliffs Parkway, Lusby, MD 20657.
G. R. Peterson, Vice President Catawba Site, Catawba Nuclear
Station, Units 1 & 2, Duke Power Company, Docket Nos. 50-413 & 50-
414, License Nos. NPF-35 & NPF-52, 4800 Concord Road, York, SC
29745.
Ed Wrigley, Security Manager, Clinton Power Station, AmerGen Energy
Company, LLC, Docket No. 50-461, License No. NPF-62, Route 54 East,
Clinton, IL 61727.
J. V. Parrish, Chief Executive Officer, Columbia Generating Station,
Energy Northwest, Docket No. 50-397, License No. NPF-21, Snake River
Warehouse, North Power Plant Loop, Richland, WA 99352.
Neil Harris, Comanche Peak Steam Electric Station, Units 1 & 2, TXU
Electric & Gas, Docket No. 50-445 & 50-446, License Nos. NPF-87 &
NPF-89, FM 56, 5 Miles North of Glen Rose, Glen Rose, TX 76043.
Martin Faulkner, Security Manager, Cooper Nuclear Station, Nebraska
Public Power District, Docket No. 50-298, License No. DPR-046, 1200
Prospect Road, Brownville, NE 68321-0098.
Marty Folding, Security Manager, Crystal River Nuclear Generating
Plant, Unit 3, Progress Energy, Docket No. 50-302, License No. DPR-
72, Crystal River Energy Complex, 15760 West Power Line Street
(NAID), Crystal River, FL 34428-6708.
William Mugge, Security Manager, Davis-Besse Nuclear Power Station,
FirstEnergy Nuclear Operating Company, Docket No. 50-346, License
No. NPF-3, 5501 N. State, Route 2, Oak Harbor, OH 43449.
Ron Todaro, Security Director, Diablo Canyon Nuclear Power Plant,
Units 1 & 2, Pacific Gas & Electric Company, Docket Nos. 50-275 &
50-323, License Nos. DPR-80 & DPR-82, 9 Miles Northwest of Avila
Beach, Avila Beach, CA 93424.
Garland Gibson, Manager, Site Protective Services, Donald C. Cook
Nuclear Plant, Units 1& 2, American Electric Power, Docket Nos. 50-
315 & 50-316, License Nos. DPR-58 & DPR-74, 1 Cook Place, Bridgman,
MI 49106.
Valheria Gengler, Dresden Nuclear Power Station, Units 2 & 3, Exelon
Generation Company, Docket Nos. 50-237 & 50-249, License Nos. DPR-19
& DPR-25, 6500 North Dresden Road, Morris, IL 60450-9765.
Ben Kindred, Security Manager, Duane Arnold Energy Center, Nuclear
Management Co., Docket No. 50-331, License No. DPR-49, 3277 DAEC
Road, Palo, Iowa 52324.
John R. Thompson, Security Manager, Edwin I. Hatch Nuclear Plant,
Unit 1 & 2, Southern Nuclear Operating Company, Inc., Docket Nos.
50-321 & 50-366, License Nos. DPR-57 & NPF-5, Plant E. I. Hatch,
U.S. Hwy 1 North, Baxley, GA 31515-2010.
Joe Korte, Nuclear Security Manager, Fermi, Unit 2, Detroit Edison
Company, Docket No. 50-341, License No. NPF-43, 6400 N. Dixie
Highway, Newport, MI 48166.
John Sefick, Manager, Security & Emergency Planning, Fort Calhoun
Station, Omaha Public Power District, Docket No. 50-285, License No.
DPR-40, 9750 Power Lane, Blair, NE 68008.
Greg D. Brown, Grand Gulf Nuclear Station, Unit 1, Entergy
Operations, Inc., Docket No. 50-416, License No. NPF-29, Bald Hill
Road--Waterloo Road, Port Gibson, MS 39150.
Scott Young, Security Superintendent, H.B. Robinson Steam Electric
Plant, Unit 2, Carolina Power & Light Company, Docket No. 50-261,
License No. DPR-23, 3581 West Entrance Road, Hartsville, SC 29550.
David Thompson, Security Manager, Indian Point Nuclear Generating
Station, Units 2 & 3, Entergy Nuclear Operations, Inc., Docket Nos.
50-247 & 50-286, License Nos. DPR-26 & DPR-64, Mail Stop K-IP2-4331,
295 Broadway Suite 1, Buchanan, NY 10511.
J. Haley, Security Manager, James A FitzPatrick Nuclear Power Plant,
Entergy Nuclear Operations, Inc., Docket No. 50-333, License No.
DPR-59, 268 Lake Road, Lycoming, NY 13093.
Ken Dyer, Site Security Manager, Joseph M. Farley Nuclear Plant,
Units 1 & 2, Southern Nuclear Operating Co., Docket Nos. 50-348 &
50-364, License No. NPF-2 & NPF-8, 7388 North Sate Highway 95,
Columbia, AL 36319-4120.
Mark Fencl, Security Manager, Kewaunee Nuclear Power Plant, Nuclear
Management Co., Docket No. 50-305, License No. DPR-43, N 490 Highway
42, Kewaunee, WI 54216-9510.
Cindy Wilson, LaSalle County Station, Units 1 & 2, Exelon Generation
Company, Docket No. 50-373 & 50-374, License Nos. NPF-11 & NPF-18,
2601 North 21st Road, Marseilles, IL 61341-9757.
Peter R. Supplee, Limerick Generating Station, Units 1 & 2, Exelon
Generation Company, LLC, Docket No. 50-352 & 50-353, License Nos.
NPF-39 & NPF-85, Evergreen & Sanatoga Road, TSC 1-2, Sanatoga, PA
19464.
J. Alan Price, Site Vice President, c/o Mr. David W. Dodson,
Millstone Power Station, Units 2 & 3, Dominion Nuclear Connecticut,
Inc., Docket Nos. 50-336 & 50-423, License Nos. DPR-65 & NPF-49,
Rope Ferry Road, Waterford, CT 06385.
Brian B. Linde, Security Manager, Monticello Nuclear Generating
Plant, Nuclear Management Company, Docket No. 50-263, License No.
DPR-22, 2807 W. Highway 75, Monticello, MN 55362.
Mr. John T. Conway, Site Vice President, Nine Mile Point Nuclear
Station, Units 1 & 2, Nine Mile Point Nuclear Station, LLC, Docket
Nos. 50-220 & 50-410, License Nos. DPR-63 & NPF-69, 348 Lake Road,
Oswego, NY 13126.
Tim Maddy, Manager, Station Nuclear Security, North Anna Power
Station, Units 1 & 2, Virginia Electric & Power Company, Docket Nos.
50-338 & 50-339, License Nos. NPF-4 & NPF-7, 1022 Haley Drive,
Mineral, Virginia 23117.
Terry King, Security Manager, Oconee Nuclear Station, Units 1, 2, &
3, Duke Energy Corporation, Docket Nos. 50-269, 50-270 & 50-287,
License Nos. DPR-38, DPR-47 & DPR-55, 7800 Rochester Highway,
Seneca, SC 29672.
Rick Ewart, Security Manager, Oyster Creek Nuclear Generating
Station, AmerGen Energy Company, LLC, Docket No. 50-219, License No.
DPR-16, Route 9 South, Forked River, NJ 08731.
Douglas Cooper, Site Vice President, Palisades Plant, Nuclear
Management Company, Docket No. 50-255, License No. DPR-20, 27780
Blue Star, Memorial Highway, Covert, MI 49043.
Michael W. Priebe, Dept. Leader--Security Operations, Palo Verde
Nuclear Generating, Units 1, 2 & 3, Arizona Public
[[Page 24513]]
Service Company, Docket Nos. STN 50-528, 50-529 & STN 50-530,
License Nos. NPF-41, NPF-51 & NPF-74, 5801 S. Wintersburg Road,
Tonapah, Arizona 85354-7529.
Wayne Trump, Manager--Site Security, Peach Bottom Atomic Power
Station, Units 2 & 3, Exelon Generation Company, LLC, Docket Nos.
50-277 & 50-278, License Nos. DPR-44 & DPR-56, 1848 Lay Road, Delta,
PA 17314.
Thomas Mahon, Security Manager, Perry Nuclear Power, Unit 1,
FirstEnergy Nuclear Operating Company, Docket No. 50-440, License
No. NPF-58, 10 North Center Street, Perry, OH 44081.
Michael Bellamy, Senior Vice President, Pilgrim Nuclear Power
Station, Unit 1, Entergy Nuclear Generation Company, Docket No. 50-
293, License No. DPR-35, Rocky Hill Road, Plymouth, MA 02360.
Mark Fencl, Security Manager, Point Beach Nuclear Plant, Units 1 &
2, Nuclear Management Company, Docket Nos. 50-266 & 50-301, License
Nos. DPR-24 & DPR-27, 610 Nuclear Road, Two Rivers, WI 54241.
John Waddell, Security Manager, Prairie Island, Units 1 & 2, Nuclear
Management Company, Docket No. 50-282 & 50-306, License No. DPR-42 &
DPR-60, 1717 Wakonade Drive East, Welch, MN 55089.
Tim Tulon, Site Vice President, Quad Cities Nuclear Power Station,
Units 1 & 2, Exelon Generation Company, Docket Nos. 50-254 & 50-265,
License Nos. DPR-29 & DPR-30, 22710-206th Ave., North, Cordova, IL
61242.
Ronald C. Teed, Site Security Supervisor, R. E. Ginna Nuclear Power
Plant, Rochester Gas & Electric Corporation, Docket No. 50-244,
License No. DPR-18, 1503 Lake Road, Ontario, NY 14519.
Andre James, Security Manager, River Bend Station, Entergy
Operations, Inc., Docket No. 50-458, License No. NPF-47, 5485 U.S.
Highway 61, St. Francisville, LA 70775.
Ted Straub, Manager of Nuclear Security & Fire, Security Center,
Salem Nuclear Generating Station, Units 1 & 2, Docket Nos. 50-272 &
50-311, License No. DPR-70 & DPR-75, Hope Creek Generating Station,
Unit 1, Docket No. 50-354, License No. NPF-57, PSEG Nuclear LLC, End
of Buttonwood Road, Hancocks Bridge, NJ 08038.
John Todd, Manager, Site Security, San Onofre Nuclear Station, Units
2 & 3, Southern California Edison, Docket Nos. 50-361 & 50-362,
License Nos. NPF-10 & NPF-15, 5000 Pacific Coast Highway (A82), San
Clemente, CA 92674.
James Pandolfo, Security Manager, Seabrook Station, Unit 1, FPL
Energy Seabrook, LLC, Docket No. 50-443, License No. NPF-86, Central
Receiving, Lafayette Road, Seabrook, NH 03874.
Kenneth Stevens, Security Manager, Sequoyah Nuclear Plant, Units 1 &
2 (OPS5N), Tennessee Valley Authority (TVA), Docket Nos. 50-327 &
50-328, License Nos. DPR-77 & DPR-79, Sequoyah Road, Soddy Daisy, TN
37384.
Denny Braund, Shearon Harris Nuclear Power Plant, Unit 1, Carolina
Power & Light Company, Docket No. 50-400, License No. NPF-63, 5413
Shearon Harris Road, New Hill, NC 27562.
William T. Cottle, President & Chief Executive Officer, South Texas
Project Electric Generating Company, Units 1 & 2, STP Nuclear
Operating Company, Docket Nos. 50-498 & 50-499, License Nos. NPF-76
& NPF-80, 8 Miles West of Wadsworth, on FM 521, Wadsworth, TX 77483.
Gary L. Varnes, Site Security Manager, St. Lucie Nuclear Plant,
Units 1 & 2, Florida Power & Light Company, Docket Nos. 50-335 & 50-
389, License Nos. DPR-67 & NPF-16, 6351 South Ocean Drive, Jensen
Beach, FL 34957.
Curtis Luffman, Surry Power Station, Units 1 & 2, Virginia Electric
& Power Company, Docket Nos. 50-280 & 50-281, License Nos. DPR-32 &
DPR-37, 5570 Hog Island Road, Surry, VA 23883-0315.
Roland Ferentz, Manager, Nuclear Security, Susquehanna Steam
Electric Station, Units 1&2, Pennsylvania Power and Light Company,
Docket Nos. 50-387 & 50-388, License Nos. NPF-14 & NPF-22, 769 Salem
Blvd., Berwick, PA 18603.
Michael Bruecks, Three Mile Island Nuclear Station, Unit 1, Amergen
Energy Company, LLC, Docket No. 50-289, License No. DPR-50, Route
441 South, Middletown, PA 17057.
William S. Johns, Site Security Supervisor, Turkey Point Nuclear
Generating Station, Units 3 & 4, Florida Power & Light Company,
Docket Nos. 50-250 & 50-251, License Nos. DPR-31 & DPR-41, 9760 SW
344th Street, Florida City, FL 33035.
Mr. Jay K. Thayer, Site Vice President, Vermont Yankee Nuclear Power
Station, Entergy Nuclear Vermont Yankee, LLC, Docket No. 50-271,
License No. DPR-28, 185 Old Ferry Road, Brattleboro, VT 05302-0500.
Stephen A. Byrne, Senior Vice President--Nuclear Operations, Virgil
C. Summer Nuclear Station, South Carolina Electric & Gas Company,
Docket No. 50-395, License No. NPF-12, Hwy 215 N at Bradham Blvd.,
Jenkinsville, SC 29065.
Doug G. Huyck, Security Manager, Vogtle Electric Generating Plant,
Unit 1 & 2, Southern Nuclear Operating Company, Inc., Docket Nos.
50-424 & 50-425, License Nos. NPF-68 & NPF-81, 7821 River Road,
Waynesboro, GA 30830.
Joseph E. Venable, Vice President, Operations, Waterford Steam
Electric Generating Station, Unit 3, Entergy Operations, Inc.,
Docket No. 50-382, License No. NPF-38, 17265 River Road, Killona, LA
70066-0751.
Bonnie A. Schnetzler, Security Manager, Watts Bar Nuclear Plant,
Unit 1, Tennessee Valley Authority, Docket No. 50-390, License No.
NPF-90, Highway 68 Near Spring City, Spring City, TN 37381.
William A. Evans, William B. McGuire Nuclear Station, Units 1 & 2,
Duke Energy Corporation, Docket Nos. 50-369 & 50-370, License Nos.
NPF-9 & NPF-17, Mail-MG01SC, 12700 Hagers Ferry Road, Huntersville,
NC 28078.
David Erbe, Security Manager, Wolf Creek Generating Station, Unit 1,
Wolf Creek Nuclear Operating Corporation, Docket No. STN 50-482,
License No. NPF-42, 1550 Oten Lane, NE, Burlington, KS 66839.
Attachment 2
Compensatory Measures
A. Background
These compensatory measures (CMs) are established to delineate
licensee responsibility in response to the threat environment
presently in existence in the aftermath of the events of September
11, 2001. Excessive work schedules can challenge the ability of
security force personnel to remain vigilant and effectively perform
their duties.
B. Scope
Operating nuclear power reactor licensees shall comply with the
following CMs to ensure, in part, that nuclear facility security
force personnel are not assigned to duty while in a fatigued
condition that could reduce their alertness or ability to perform
functions necessary to identify and promptly respond to plant
security threats. Work hour controls shall apply to personnel
performing the following functions: armed member of the security
force, central alarm station operator, secondary alarm station
operator, security shift supervisor, and watchperson (i.e.,
watchman).
C. Compensatory Measures
1. Individual Work Hour Controls
(a) Personnel performing the functions identified in B:
(1) Shall not exceed the following limits, excluding shift
turnover time:
(i) 16 hours in any 24-hour period,
(ii) 26 hours in any 48-hour period, and
(iii) 72 hours in any 7-day period.
(2) Shall have a minimum 10-hour break between work periods. The
participation in turnover is permitted during the break period.
(3) May be authorized, by the licensee, to deviate from the
limits specified in C.1(a)(1) and/or C.1(a)(2) provided:
(i) The licensee could not have reasonably foreseen or
controlled the circumstance necessitating the deviation,
(ii) The security shift supervisor has determined that the
deviation is required to maintain the security for the facility,
(iii) An evaluation is performed, in advance, by individuals
with training, as provided by the licensee, in the symptoms,
contributing factors, and effects of fatigue that determined that
the individual's fitness for duty would not be adversely affected by
the additional work period to be authorized under the deviation, and
(iv) The basis and approval for C.1(a)(3) items (i), (ii), and
(iii) are documented.
Note 1: An 8-hour break may be authorized as deviation from the
10-hour requirement of C.1(a)(2) if the deviation is required for a
scheduled transition of crews between work schedules or shifts.
(b) The number and duration of approved deviations shall be
reviewed by the Security Manager and limited to the extent
practicable.
(c) The licensee shall monitor and control individual work hours
to ensure that
[[Page 24514]]
excessive work hours are not compromising worker alertness and
performance.
2. Group Work Hour Controls
Group average work hours for personnel performing the functions
identified in B shall be controlled in accordance with the following
limits:
(a) Normal Plant Conditions: The average number of hours
actually worked by personnel performing the functions identified in
B, shall not exceed 48 hours per week averaged over consecutive
periods not to exceed six (6) weeks. Workers who did not work at
least 75 percent of the normally scheduled hours during the
averaging period shall not be included when calculating the average.
If the group average limit is exceeded, the licensee shall take
prompt action to reduce the average hours worked in accordance with
this compensatory measure and take actions to prevent recurrence.
(b) Planned Plant or Planned Security System Outages:
(1) The average number of hours actually worked by personnel
performing the functions identified in B, shall not exceed 60 hours
per week averaged over consecutive periods not to exceed six (6)
weeks. For planned abnormal plant conditions whose duration is less
then the averaging period the limit would be 60 hours per week
averaged over the duration of the condition. Workers who did not
work at least 75 percent of the normally scheduled hours during the
averaging period shall not be included when calculating the average.
If the group average limit is exceeded, the licensee shall take
prompt action to reduce the average hours worked in accordance with
this compensatory measure and take actions to prevent recurrence.
Note 2: Licensee may define the beginning of a planned plant
outage to be up to 3 weeks prior to the plant shutdown (i.e., plant
operational mode not equal to 1).
(2) The limit defined in C.2(b)(1) can be used for up to 90
days. For periods greater than 90 days, the licensee shall take
prompt action to limit hours worked in accordance with the
requirements of C.2(a). The use of the limits defined in C.2(b)(1)
shall not exceed 120 days.
(c) Unplanned Plant or Unplanned Security Outages or An Increase
in Plant Threat Condition (i.e., increase in protective measure
level as promulgated by NRC Advisory):
(1) There are no specific group limits for this condition.
(2) For periods greater than 90 days, the licensee shall take
prompt action to limit hours worked in accordance with the
requirements of C.2(a). The use of the allowance defined in
C.2(c)(1) shall not exceed 120 days.
Note 3: For the purposes of these CMs, the baseline threat
condition is defined as the least significant threat condition in
effect in the last 120 days.
Note 4: If an increase in threat condition occurs while the
plant is in a planned outage, the requirements of C.2(c) apply for
the increased threat condition. If the threat condition returns to
the baseline threat condition during the planned outage, the
requirements of C.2(b) apply using the original licensee defined
start date for the planned outage.
Note 5: If multiple increases in threat condition occur while
the conditions of C.2(c) are in effect, the requirements of
C.2(c)(2) reset with each increase.
Note 6: If the threat condition decreases, the new threat
condition shall be compared to the baseline to determine if the
requirements of C.2(c) apply as a result of an increased threat
condition. If so, C.2(c)(2) shall be referenced to the date when the
current threat condition was last entered as the result of an
increase.
Note 7: Licensees shall reference changes in threat condition
prior to the issuance of these CMs to determine the baseline threat
condition and whether the requirements of C.2(c) apply.
3. Licensees Shall be Exempt from the Requirements of C.1 and C.2
During Declared Emergencies as Defined in the Licensee's Emergency Plan
4. Procedures
Develop or augment procedures, as necessary, for personnel
within the scope of this CM to:
(a) Describe the process for implementing the controls for hours
worked specified in C.1, C.2, and C.3 of this CM.
(b) Describe the process to be followed if an individual reports
prior to or during a duty period that he or she considers himself or
herself unfit for duty due to fatigue.
(c) Document self-declarations of unfit for duty due to fatigue
if upon completion of the licensee's evaluation it is determined the
individual should be returned to work without a break of at least 10
hours.
[FR Doc. 03-11300 Filed 5-6-03; 8:45 am]
BILLING CODE 7590-01-P