Frequently Asked Questions About Managing Fatigue - 10 CFR 26.3 - Scope
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- Scope
- Q1. To what extent, if any, does 10CFR26, Subpart I, apply to a facility that has submitted a letter to the NRC under 10CFR50.82(a)(1)(i) and 10CFR50.82(a)(1)(ii) certifying permanent cessation of power operations and that fuel has been permanently removed from the reactor?
Scope
Q1. To what extent, if any, does 10CFR26, Subpart I, apply to a facility that has submitted a letter to the NRC under 10CFR50.82(a)(1)(i) and 10CFR50.82(a)(1)(ii) certifying permanent cessation of power operations and that fuel has been permanently removed from the reactor?
The regulations in 10 CFR Part 26 specify, in part, that licensees who are authorized to operate a nuclear power reactor under § 50.57 must comply with the requirements of Subpart I in Part 26. Under 10 CFR 50.82, after the NRC dockets a licensee's certifications of permanent cessation of operations and that fuel has been permanently removed from the reactor, the licensee is no longer authorized to operate the reactor under their Part 50 license. Consequently, that licensee need not comply with the provisions of 10 CFR Part 26, Subpart I. Consistent with previous licensee 10 CFR 50.82 certifications, orders may be issued requiring the licensees to retain some elements of their FFD programs. See examples of previous orders.
When the previous orders were issued, Part 26, Subpart I had not been promulgated, so the fatigue provisions were not considered in the development of the orders. If the NRC issues similar orders in the future, the NRC could require licensees to retain elements of their fatigue management programs for specific personnel.
Note: The information herein is provided as a public service and solely for informational purposes and is not, nor should be deemed as, an official NRC position, opinion or guidance, or "a written interpretation by the General Counsel" under 10 CFR 26.7, on any matter to which the information may relate. The opinions, representations, positions, interpretations, guidance or recommendations which may be expressed by the NRC technical staff responding to your inquiry are solely the NRC technical staff's and do not necessarily represent the same for the NRC. Accordingly, the fact that the information was obtained through the NRC technical staff will not have a precedential effect in any legal or regulatory proceeding.