The NRC Responds to Nuclear Plant Work-Hour Concerns Prompted by COVID-19

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The Nuclear Regulatory Commission announced that it is prepared to grant temporary exemptions from work-hour controls when the COVID-19 virus adversely impacts staffing levels at nuclear plants such that the applicant can no longer meet the work-hour control requirements provided that the applicant can demonstrate that fatigue-management controls are in place. Specifically, applicants can email a request seeking exemption from 10 CFR 26.205(d)(1)-(d)(7) to the facility’s NRC project manager from a senior level licensee manager with decision-making authority (with a copy to the NRC Document Control Desk) with the following information:

  • a statement that the licensee can no longer meet the work-hour controls of 10 CFR 26.205(d) for certain positions;
  • a list of positions for which the licensee will maintain current work-hour controls under 10 CFR 26.205(d)(1)-(d)(7);
  • the date and time when the licensee will begin implementing its site-specific COVID-19 PHE fatigue-management controls for personnel specified in 10 CFR 26.4(a);
  • a statement that the licensee’s site-specific COVID-19 PHE fatigue-management controls are consistent with the constraints outlined in this letter and its attachment;
  • a statement that the licensee has established alternative controls for the management of fatigue during the period of the exemption and that at a minimum, the controls ensure that for individuals subject to these alternative controls: (1) not more than 16 work-hours in any 24-hour period and not more than 86 work-hours in any 7-day period, excluding shift turnover; (2) a minimum 10-hour break is provided between successive work periods; (3) 12-hour shifts are limited to not more than 14 consecutive days; (4) a minimum of 6-days off are provided in any 30-day period; and (5) requirements are established for behavioral observation and self-declaration during the period of the exemption.

The NRC will consider these requests on a case-by-case basis and will act on them within 60 days.  Additional information can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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