LR-N20-0066, Exemption Request from 10 CFR 50 Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic

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Exemption Request from 10 CFR 50 Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic
ML20287A628
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 10/13/2020
From: Mannai D
Public Service Enterprise Group
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
LR-N20-0066
Download: ML20287A628 (12)
v • d • e


Text

PSEG Nuclear LLC P.O. Box 236, Hancocks Bridge, New Jersey 08038-0236 0 PSEG NuclearLLC 10 CFR 50.12 10 CFR 50, Appendix E LR-N20-0066 October 13, 2020 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Salem Generating Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-70 and DPR-75 NRC Docket Nos. 50-272 and 50-311 Hope Creek Generating Station Renewed Facility Operating License No. NPF-57 NRC Docket No. 50-354

Subject:

Exemption Request from 10 CFR 50 Appendix E, Biennial Emergency Preparedness Exercise Requirements due to COVID-19 Pandemic In accordance with the provisions of 10 CFR 50.12, Specific Exemptions, PSEG Nuclear LLC (PSEG) requests an exemption for Hope Creek Generating Station (HCGS) and Salem Generating Station (SGS) Units 1 and 2 from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.b and IV.F.2.c. Specifically, PSEG requests a one-time schedular exemption to postpone the full-participation biennial emergency preparedness exercise until calendar year (CY) 2021.

On January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency (PHE) for the United States to aid the nations healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). On March 11, 2020, the COVID-19 outbreak was characterized as a pandemic by the World Health Organization and, on March 13, 2020, President Donald Trump declared the Coronavirus (COVID-19) pandemic a national emergency. In addition, the Governor of the State of New Jersey declared a state of emergency on March 9, 2020.

In response to these declarations, and in accordance with the PSEG Pandemic Response Plan, PSEG initiated isolation activities on March 25, 2020. These isolation activities have resulted in the inability to complete the biennial emergency preparedness exercise that was originally scheduled for May 19, 2020. The Enclosure provides a detailed description and assessment of the proposed exemptions.

LR-N2066 10 CFR 50.12 Page 2 10 CFR 50 Appendix E PSEG requests approval of this exemption request by December 31, 2020.

There are no regulatory commitments contained in this letter.

If you have any questions or require additional information, please contact Mr. Brian Thomas at 856-339-2022.

Respectfully,

  1. .yt-David Mannai Senior Director Regulatory Affairs and Nuclear Oversight

Enclosures:

1. Temporary Exemption Request from 10 CFR 50 Appendix E Biennial Emergency Preparedness Exercise Requirements
2. Letter from Delaware Emergency Management Agency
3. Letter from New Jersey Department of Law and Public Safety - Emergency Management cc: Administrator, Region I, NRC Project Manager, NRC NRC Senior Resident Inspector, Salem NRC Senior Resident Inspector, Hope Creek Mr. P. Mulligan, Chief, NJBNE PSEG Corporate Commitment Tracking Coordinator Site Commitment Tracking Coordinator

LR-N20-0066 Enclosure 1 Temporary Exemption Request from 10 CFR 50 Appendix E Biennial Emergency Preparedness Exercise Requirements 1 of 6

LR-N20-0066 1.0

SUMMARY

DESCRIPTION In accordance with 10 CFR 50.12, "Specific Exemptions," paragraph (a)(2)(v), PSEG Nuclear LLC (PSEG) requests an exemption for Hope Creek Generating Station (HCGS) and Salem Generating Station (SGS) Units 1 and 2 from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.b and IV.F.2.c. Specifically, PSEG requests a one-time schedular exemption to postpone the full-participation biennial emergency preparedness exercise until calendar year (CY) 2021.

This temporary exemption supports continued implementation of the isolation activities (e.g.,

social distancing, group size limitations, self-quarantining, etc.) necessary to protect personnel in response to the Coronavirus Disease 2019 (COVID-19) virus. These activities are needed to ensure Emergency Response Organization (ERO) personnel remain capable of executing the PSEG Emergency Response Plan.

2.0 BACKGROUND

10 CFR 50, Appendix E, Section IV.F.2.b states, Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years. 10 CFR 50, Appendix E, Section IV.F.2c states, Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the radiological response plan.

Where the offsite authority has a role under a radiological response plan for more than one site, it shall fully participate in one exercise every two years and shall, at least, partially participate in other offsite plan exercises in this period.

Enclosures 2 and 3 are copies of letters received from the State of Delaware and the State of New Jersey respectively, that endorse this exemption request and reflect that those organizations paramount focus is on pandemic response. The letters additionally indicate that pandemic response would not impact their ability to respond in the unlikely event of an actual radiological emergency at Hope Creek or Salem.

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control has issued recommendations advising social distancing to prevent the spread of the COVID-19 virus. PSEG and the States of New Jersey and Delaware have implemented pandemic plans that include social distancing, group size limitations, and self-quarantine. Ideally, this will limit the spread of the virus among the plant staff and off-site personnel.

PSEGs most recent biennial EP exercise was conducted May 22, 2018. Since that time, PSEG has conducted numerous drills, exercises, and other training activities that have exercised its emergency response strategies. A list of drills conducted since the last exercise is provided below:

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LR-N20-0066 Drill Date HC 18-01 6/26/2018 HC 18-02 12/7/2018 HC 19-01 2/26/2019 HC 19-02 10/2/2019 Salem 19-01 5/23/2019 Salem 19-02 11/21/2019 HC 20-1 2/26/2020 The drills listed above were full onsite participation drills, which included activation of all PSEG emergency response facilities (with the exception of the Salem 19-01 drill that did not include Operational Support Center and Technical Support Center staffing due to extension of the Salem refueling outage) and at least partial participation by the States of New Jersey and Delaware. The HC 20-1 drill was conducted in preparation for the May 19, 2020 Biennial Exercise and included full participation by all offsite response organizations. PSEG continues to conduct limited participation drills, and other training activities that exercise its emergency response functions.

PSEG has made a reasonable effort to reschedule the exercise during CY 2020 but has been unsuccessful. In response to PHE declarations, and in accordance with the PSEG Pandemic Response Plan, PSEG initiated isolation activities on March 25, 2020. PSEG and State isolation activities resulted in the inability to complete the biennial emergency preparedness exercise that was originally scheduled for May 19, 2020. PSEG conducted regular meetings with the States of New Jersey and Delaware related to rescheduling of the biennial exercise in CY2020, but satisfaction of all exercise requirements were determined not to be feasible.

In consultation with the States of New Jersey and Delaware, the decision to defer the exercise into CY 2021 was preferred because it allows both PSEG and the offsite response organizations to continue responding to the current PHE and focus on protecting responders as well as the health and safety of the public. However, it will require an exemption to biennial EP exercise requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c.

The biennial exercise is tentatively rescheduled to occur in April 2021. While this falls within 35 months from the month of the previously evaluated exercise conducted May 22, 2018, to accommodate potential changes to the schedule, PSEG requests the schedular exemption to expire December 31, 2021 or when the required exercise is conducted in CY 2021, whichever occurs first. To support an exemption beyond 35 months, PSEG notes that an Emergency Preparedness Baseline Program Inspection was recently conducted for PSEG Nuclear the week of September 28, 2020. If this exemption request is granted to allow PSEG to conduct the CY 2020 biennial exercise in CY 2021, future biennial EP exercises will continue to be held as planned in even years.

4.0 JUSTIFICATION FOR EXEMPTION 4.1 Applicable Regulatory Requirements/Criteria 10 CFR 50.12, "Specific exemptions," paragraph (a)(1) states that the NRC may grant exemptions from the requirements of the regulations of this part provided the following three conditions are met.

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i. The exemptions are authorized by law.

ii. The exemptions will not present an undue risk to the public health and safety, and iii. The exemptions are consistent with the common defense and security.

In addition to these three conditions, paragraph (a)(2) of the regulation states that the NRC will not consider granting an exemption unless special circumstances are present. With respect to this request, 10 CFR 50.12(a)(2)(v) states that special circumstances are present whenever:

"The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation."

PSEG has evaluated the requested exemption against the criteria of 10 CFR 50.12(a)(1) and (a)(2)(v), and has determined that the criteria are satisfied, as described below.

1. This exemption is authorized by law The biennial exercise for the emergency response organization specified in 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is not required by any statute. The requested exemptions are authorized by law in that no law precludes the activities covered by this exemption request. Granting of the request does not result in a violation of the Atomic Energy Act of 1954, as amended.
2. The Exemption Will Not Present an Undue Risk to the Public Health and Safety.

The underlying purpose of 10 CFR 50 Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial EP exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of the emergency plan. In addition, 10 CFR 50 Appendix E, Section IV.F.2.b also requires licensees to maintain adequate emergency response capabilities during intervals between biennial EP exercises by conducting drills to exercise the principal functional areas of emergency response. As shown in the table above, PSEG has conducted training drills exercising the principal functional areas of emergency response since the last evaluated biennial EP exercise and has activated onsite emergency response facilities during those drills with state, county and local participation.

The underlying purpose of 10 CFR 50 Appendix E, Section IV.F.2.c requiring the offsite plan to be exercised biennially with full participation by each offsite authority having a role under the radiological response plan is to ensure that offsite response organization (ORO) personnel are familiar with their duties and to test the adequacy of the emergency plan.

PSEG has conducted training drills at PSEG with ORO participation since the last biennial exercise with no performance issues.

Postponing the exercise from the previously scheduled date of May 19, 2020, to CY 2021 does not create any new accident precursors. The probability and consequences of postulated accidents are not increased, and an acceptable level of emergency preparedness is maintained. Therefore, there is no undue risk to public health and safety.

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3. The Exemption is consistent with the common defense and security.

The requested exemption would allow rescheduling of the biennial EP exercise from the previously scheduled date of May 19, 2020 to CY 20201. Prior to the implementation of isolation activities in response to COVID-19 pandemic conditions, PSEG had scheduled the exercise to be completed within the specified frequency. However, the biennial exercise must be rescheduled to allow continued implementation of the PSEG pandemic plan mitigation strategies. These strategies serve the public interest by ensuring adequate staff isolation and maintaining the staff's health to perform their job function during the COVID-19 pandemic. The requested exemption will not endanger life or property or the common defense and security.

4. Special Circumstances: 10 CFR 50.12(a)(2)(v) - Temporary Relief and Good Faith Efforts to Comply The requested exemption to conduct the biennial EP exercise in CY 2021 instead of CY 2020 would grant only temporary relief from the applicable regulation. PSEG had originally scheduled these activities to be completed within the required frequency, and thus comply with the regulation. However, these activities must be rescheduled to allow implementation of the PSEG pandemic plan mitigation strategies. Prior to the implementation of isolation activities in response to COVID-19 pandemic conditions, PSEG had successfully scheduled and completed these activities within the specified frequency.

4.2 Precedents In a letter from Nebraska Public Power District to the NRC dated June 16, 2020, Cooper Nuclear Station requested a one-time exemption from the requirements of 10 CFR 50, Appendix E Section IV.F.2.b and IV.F.2.c to postpone the full-participation biennial emergency preparedness exercise (ADAMS Accession No. ML20191A276). The Cooper Nuclear Station exemption request was approved on September 3, 2020 (ADAMS Accession No. ML20203M129).

In a letter from Pacific Gas and Electric Company to the NRC dated July 9, 2020, Diablo Canyon Units 1 and 2 requested a one-time exemption from the requirements of 10 CFR 50, Appendix E Section IV.F.2.b and IV.F.2.c to postpone the full-participation biennial emergency preparedness exercise (ADAMS Accession No. ML20191A204). The Diablo Canyon exemption request was approved on September 18, 2020 (ADAMS Accession No. ML20247J651).

5.0 CONCLUSION

As demonstrated above, this exemption request is in accordance with the criteria of 10 CFR 50.12. Specifically, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. In addition, the requested exemption provides temporary relief during the COVID-19 pandemic, and PSEG has made good faith efforts to comply with the regulation.

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6.0 ENVIRONMENTAL CONSIDERATION

Due to the impact of isolation activities in response to the COVID-19 pandemic, PSEG requests an exemption for HCGS and SGS Units 1 and 2 from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.b and IV.F.2.c. Specifically, PSEG requests a one-time schedular exemption to postpone the full-participation biennial emergency preparedness exercise until calendar year (CY) 2021.

PSEG has determined that there is no significant hazards consideration; that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative public or 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. The requirements for which an exemption is being requested involve scheduling requirements for the biennial emergency preparedness exercise. Accordingly, the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). In accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption.

7.0 REFERENCES

1. NRC letter from Mr. Ho. K. Nieh to Dr. Jennifer L. Uhle (NEI), U.S. Nuclear Regulatory Commission Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for all Licensees During the Coronavirus Disease 2019 Public Health Emergency, May 14, 2020 (ADAMS Accession No. ML20120A003).
2. NRC Office of Nuclear Security and Incident Response, NSIR Temporary Staff Guidance, TSG-NSIR-2020-01, COVID-19 Related Exemptions from NRC Regulations

- Emergency Preparedness Exercises, September 11, 2020 (ADAMS Accession No. ML20196M030) 6 of 6

LR-N20-0066 ENCLOSURE 2 Letter from Delaware Emergency Management Agency

Delaware Emergency Management Agency State of Delaware, Department of Safety and Homeland Security October 5, 2020 David Burgin Corporate Functional Area Manager PSEG Nuclear P.O. Box 236 Hancock's Bridge, NJ 08036 RE: Support of Public Service Enterprise Group (PSEG) Exemption Request To Whom It May Concern:

Delaware supports PSEG's request to seek exemption from their 2020 offsite biennial exercise drill requ irement conducted through the FEMA Region III Graded Exercise, which was scheduled May 19, 2020.

The national COYID-19 pandemic response resulted in postponement of the scheduled drill, as well as, utilization of state and local emergency operations resources.

As one of the Offsite Response Organizations (ORO) for the Salem & Hope Creek Nuclear Generating Stations, the Delaware Emergency Management Agency (DEMA) has maintained coordination with PSEG and provides the fo llowing statements to support PSEG 's request for exemption:

  • Delaware supports and agrees with PSEG 's request for exemption of the 2020 exercise requirement and is committed to maintaining Delaware's Radiological Emergency Plans and Procedures.
  • Delaware is not impacted in a manner that would adversely affect our abil ity to maintain response capabilities to support emergency operations for an actual nuclear power plant radiological emergency.

Please direct any questions or concerns to Mr. Will Hayes at Wilbe1t .hayes@delaware.gov, (302) 659-2350.

Sincerely, A. J. Schall, Director Delaware Emergency Management Agency 165 Brick Store Landing Road

LR-N20-0066 ENCLOSURE 3 Letter from New Jersey Department of Law and Public Safety -

Emergency Management Section

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OFFICE OF THE ATTORNEY GENERAL PHILIP D. MURPHY DEPARTMENT OF LAW AND PUBLIC SAFETY GURBIR S. GREW AL Governor DIVISION OF STATE POLICE Attorney General POST OFFICE Box 7068 SHEILA Y. OLIVER WEST TRENTON, NJ 08628-0068 PATRICK J. CALLAHAN Lt. Governor (609) 882-2000 Colonel October O1, 2020 To Whom It May Concern, New Jersey Office of Emergency Management (NJOEM) determined in coordination with FEMA RII on March 18, 2020 that due to COVID-19 restrictions a postponement of the scheduled May 2020 Salem Hope Creek federally evaluated exercise was appropriate until the restrictions from COVID-19 were lifted in New Jersey and response efforts throughout the state had slowed. On May 1, 2020 after escalated response and anticipation of a Fall surge, we requested to FEMA RII to reschedule the exercise to 2021. Currently the State Emergency Operations Center is still activated in response to COVID-19 and New Jersey is still under both a public health emergency and a state of emergency with statewide limitations in effect.

NJOEM is in agreement with PSEGs exemption request due to COVID-19. NJOEM is committed to maintaining and reviewing the radiological plans and will continue to drill internally to prepare for any possible radiological event.

NJOEM has not been impacted in a manner that would adversely affect our ability to maintain response capabilities or to support emergency response activities during an actual nuclear power plant radiological emergency. All personnel and offsite response partners remain ready to respond to an actual event. NJOEM completed a Preliminary Capabilities Assessment for Reasonable Assurance with FEMA RII on June 4, 2020 and no items or areas of concern were found.

If you have any further questions, please feel free to contact Ms. Laura Forrest, Unit Head, Radiological Emergency Response Planning & Technical Unit at 609-963-6724.

Sincerely, FORPATRICKJ. CALLAHAN COLONEL  ?},-;£;:

Louis V. Bucchere Major Emergency Management Section "An Internationally Accredited Agency" New Jersey J., An £qua/ Opportunity Employer Printe.l 011 IIJ:qd(id Paper mu/ Rc,~rdahle

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