NL-20-035, Response to Request for Additional Information - Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic

Response to Request for Additional Information - Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic

ML20107J551
Person / Time
Site:	Indian Point
Issue date:	04/16/2020
From:	Gaston R Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-20-035
Download: ML20107J551 (10)

Text

Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5138 Ron Gaston Director, Nuclear Licensing 10 CFR 50.12 10 CFR 50, Appendix R NL-20-035 April 16, 2020 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Response to Request for Additional Information - Temporary Exemption Request from 10 CFR Appendix R,Section III.H due to COVID-19 Pandemic Indian Point Nuclear Generating Unit Nos. 2 and 3 NRC Docket Nos. 50-247 and 50-286 Renewed Facility Operating License Nos. DPR-26 and DPR-64

References:

1) Entergy Operations, Inc. (Entergy) letter to U. S. Nuclear Regulatory Commission (NRC), "Temporary Exemption Request from 10 CFR Appendix R,Section III.H due to COVID-19 Pandemic," (ADAMS Accession No. ML20104C121), dated April 13, 2020

2) NRC Electronic mail from R. Guzman (NRC) to M. Mirzai (Entergy),

Subject:

"Indian Point Unit Nos. 2 and 3 - DRAFT Request for Additional Information: Exemption Request from 10 CFR Appendix R,Section III.H due to COVID-19 Pandemic (EPID L-2020-LLE-0019),"

dated April 15, 2020 In Reference 1, Entergy Nuclear Operations, Inc. (Entergy), in accordance with 10 CFR 50.12, "Specific Exemptions," paragraph (a)(2)(v), requested a temporary 90-day exemption for Indian Point Nuclear Generating Unit Nos. 2 and 3 (Indian Point Energy Center, hereafter referred to as IPEC) from the requirement to conduct annual fire brigade physical examinations specified in 10 CFR 50, Appendix R, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,"Section III.H, "Fire Brigade."

In Reference 2, the U. S. Nuclear Regulatory Commission (NRC) transmitted a request for additional information (RAI) concerning the requested exemption. The Enclosure and associated Attachment to this letter provide a response to the NRC RAI.

NL-20-035 Page 2 of 2 In addition, this letter provides the following clarification to information provided in the Reference 1) exemption request.

Entergy 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 As provided by 10 CFR 50.12, the Commission may grant exemptions from the requirements in Part 50. The annual physical examination requirement for fire brigade members specified in 10 CFR 50 Appendix R, Section III.H is not required by any statute. The requested exemption is 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.

This letter contains no new regulatory commitments.

Should you have any questions or require additional information, please contact Phil Couture, Manager, Fleet Licensing Programs at 601-368-5102.

Respectfully, Ron Gaston RWG/jls

Enclosure:

Response to Request for Additional Information Attachment to

Enclosure:

Medical History Questionnaire cc: NRC Region I Regional Administrator NRC Senior Resident Inspector - Indian Point Nuclear Generating Unit Nos. 2 and 3 NRC Project Manager - Indian Point Nuclear Generating Unit Nos. 2 and 3

Enclosure NL-20-035 Response to Request for Additional Information

Enclosure to NL-20-035 Page 1 of 4 Response to Request for Additional Information By letter dated April 13, 2020 (Reference 1), Entergy Nuclear Operations, Inc. (Entergy), in accordance with 10 CFR 50.12, "Specific Exemptions," paragraph (a)(2)(v), requested a temporary 90-day exemption for Indian Point Nuclear Generating Unit Nos. 2 and 3 (Indian Point Energy Center, hereafter referred to as IPEC) from the requirement to conduct annual fire brigade physical examinations specified in 10 CFR 50, Appendix R, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,"Section III.H, "Fire Brigade."

By email dated April 15, 2020 (Reference 2), the NRC informed Entergy that additional information is needed to support the Staffs continued review of the requested exemption.

The specific questions presented in the Reference 2 request for additional information (RAI) are repeated below for ease of review. Entergys response is provided thereafter.

RAI-1: Special Circumstances, 10 CFR 50.12(a)(2)(v) 10 CFR 50.12(a)(2)(v) states, in part, that:

The Commission will not consider granting an exemption unless special circumstances are present. 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.

The licensee stated that it:

Had originally scheduled these annual physical examinations to be completed within the required frequency, and thus comply with the regulation. However, these annual physical examinations must be rescheduled to allow implementation of the Entergy pandemic plan mitigation strategies. Prior to the implementation of isolation activities in response to COVID-19 pandemic conditions, Entergy had successfully scheduled and completed annual fire brigade physical examinations within the specified frequency.

It is unclear to the NRC staff what good faith efforts have been made to comply with the regulation other than scheduling the physical examinations to be completed within the required frequency particularly after the emergency declarations were made on January 31, 2020 (U.S.

Department of Health and Human Services), March 7, 2020 (New York State), and March 13, 2020 (United States of America). Include a discussion of any actions taken to complete parts of the physical that can be completed without visiting a medical facility such as the completion of required forms/paperwork; conducting parts of the physical using non-contact methods such as the use of remote audio/visual services (tele-health); and utilizing remote patient monitoring tools such as blood pressure monitors, scales, or wearable devices that can communicate biometric data for review. Include any relevant discussions you may have had with your contract medical provider who conducts the physical examinations.

Enclosure to NL-20-035 Page 2 of 4 Entergy Response Prior to the expiration of the annual physical examination requirement for each of the 15 affected fire brigade members, Entergy will implement the following actions to ensure that the affected individuals will be able to perform strenuous fire fighting activities during the 90-day extension of the medical qualification period:

1. Each of the 15 affected fire brigade members will complete an annual Medical History Questionnaire (i.e., Entergy Form MED-002) which is based on ANSI-Z86.6-2006, "Physical Qualifications for Respirator Use," and the OSHA Respirator Medical Evaluation Questionnaire from 29 CFR 1910.134, Appendix C. The Attachment to this Enclosure provides the Entergy MED-002 Medical History Questionnaire.

2. The Entergy Medical Examiner (i.e., a licensed physician) will review each completed MED-002 Medical History Questionnaire against the previous medical exam for each affected fire brigade member to determine if a 90-day extension to the medical qualification period is acceptable.

3. If deemed necessary by the Medical Examiner, telehealth conferencing will be used to conduct a one-on-one telephone assessment with the applicable fire brigade member.

4. Entergy will complete the actions described in steps 1 through 3 above, prior to the expiration date of the current medical qualification for each affected fire brigade member.

RAI-2: 10 CFR 50.12(a)(1) 10 CFR 50.12(a)(1) states in part that:

The Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

The licensee stated that:

Every fire brigade member is part of an Operations Watch Team and as such they are under the Behavior Observation Program which results in continuous interaction with their supervisors while on shift. Any decrease in health or performance would be readily apparent.

Provide additional information regarding your behavior observation program including whether this is the program required by 10 CFR 73.56, whether it is proceduralized, how often observations are conducted, what is observed, how corrective actions are taken, etc.

Enclosure to NL-20-035 Page 3 of 4 Entergy Response The Entergy behavioral observation program (BOP) is established in Entergy procedure EN-NS-101, "Unescorted Access Authorization Program." This procedure establishes compliance with the requirements in 10 CFR 73.56, "Access Authorization Program for Nuclear Power Plants" and NRC Regulatory Guide 5.66, "Nuclear Power Plant Access Authorization Program," Revision 1, which endorses NEI 03-01, "Nuclear Power Plant Access Authorization Program," Revision 3.

The Entergy BOP oversees and monitors the initial and continuing trustworthiness and reliability of individuals that are certified unescorted Unescorted Access Authorization (UAA), granted unescorted access (UA), or maintain UAA/UA to a protected or vital area. This establishes compliance with 10 CFR 73.56, Section (f), "Behavioral observation."

As part of the Entergy BOP, personnel are trained to recognize, on an ongoing basis, any behaviors that may be adverse to the safe operation and security of the facility, and reporting these behaviors, or changes in behavior, to appropriate Entergy management or Security. This information is then provided to, and reviewed by an Entergy reviewing official. If the reviewing official has a reason to believe that a reported individual's reliability is questionable, the reviewing official shall either administratively withdraw or terminate the individual's unescorted access or unescorted access authorization. In addition, supervisors are required to complete BOP verification reports for each individual on both a monthly basis and annual basis. All reports under the BOP program are also provided to, and reviewed by an Entergy reviewing official.

Specific to the reliability of fire brigade members to safely and effectively respond to a fire during the 90-day medical evaluation extension period, every fire brigade member is part of an Operations Watch Team, and as such are under the BOP. By the nature of plant operations, the Operations Watch Team supervisors continuously observe and interact with crew members while on shift. Any decrease in health or performance would be expeditiously identified by the supervisor. In addition, and as stated in the Reference 1 exemption request, due to the numerous COVID-19 expectations and actions Entergy has implemented, including no-touch temperature screening as each person enters the site, fire brigade members are acutely aware of the need to immediately report any change in their current health to their supervisor.

RAI-3

The NRC approval of this exemption will be conditioned, in part, on the establishment of a licensee-specific process to manage personnel with overdue physical examinations. Explain how your specific process will ensure the following:

(a) That only experienced personnel with known, stable medical histories are allowed frequency extensions; (b) That as much of the physical evaluation process as possible has been conducted, excluding physical visits to medical facilities; (c) That a licensed physician, having reviewed the individuals relevant medical information, approves the frequency extension;

Enclosure to NL-20-035 Page 4 of 4 (d) That employees are informed of the exemption, the risks of conducting fire brigade activities including wearing respiratory protection, the rationale for annual physical examinations, the deviation from the requirements and the requirement that the licensee restore compliance within 90 days of the original annual physical examination due date, or another date as indicated by a physician, whichever is less.

Entergy Response a) All personnel are currently in frequency of their annual required medical exams and as such have known, stable medical histories. Any change in physical condition that could impact their current medical qualifications, as required by EN-NS-112, Medical Program, is expected to be immediately reported to their direct management and Medical Services Personnel, and would be directly observable to other members of the Operations Watch Team. Supervisors can take required actions for such a situation, including calling in a qualified relief member from another team.

b) As stated in the response to RAI-1 above, the 15 affected fire brigade members will complete an ANSI standard-based health questionnaire.

c) A licensed physician will review the completed questionnaires, as well as other relevant information (e.g., the results of the previous medical examination for each affected fire brigade member), and will approve the frequency extension.

d) An Operations supervisor will inform each of the 15 affected fire brigade members, in person, of the exemption, the risks of conducting fire brigade activities including wearing respiratory protection, the rationale for annual physical examinations, the deviation from the requirements, and the requirement that Entergy will restore compliance within 90 days of the original annual physical examination due date, or another date as indicated by a physician, whichever is less.

These actions will be entered into the site corrective action program to document the performance of the planned actions above.

References

1. Entergy Operations, Inc. (Entergy) letter to U. S. Nuclear Regulatory Commission (NRC), "Temporary Exemption Request from 10 CFR Appendix R,Section III.H due to COVID-19 Pandemic," (ADAMS Accession No. ML20104C121), dated April 13, 2020

2. NRC Electronic mail from R. Guzman (NRC) to M. Mirzai (Entergy),

Subject:

"Indian Point Unit Nos. 2 and 3 - DRAFT Request for Additional Information: Exemption Request from 10 CFR Appendix R,Section III.H due to COVID-19 Pandemic (EPID L-2020-LLE-0019)," dated April 15, 2020

Enclosure, Attachment NL-20-035 Medical History Questionnaire (2 pages)

MEDICAL HISTORY QUESTIONNAIRE Name: SS #: Date: Initial Evaluation Date of Birth: Age: Sex: Height: Weight: lbs Home Address:

Street City State Zip Home Phone: Work Ext: Job

Title:

Company: Dept: Supervisor:

EMERGENCY CONTACT INFORMATION Name: _______________________________________ Relationship: ____________________ Telephone: _______________________

A HEALTH CARE PROFESSIONAL IN THIS OFFICE WILL REVIEW THIS QUESTIONNAIRE. You may talk with them about your answers.

PLEASE ANSWER ALL QUESTIONS. If a question is not appropriate to your circumstances, please place an N/A in the box next to it. At the time of your examination, the doctor will assess the need for information on the questions you answered yes to, based on your job assignment.

GENERAL HEALTH PLEASE PLACE AN X or AN ANSWER IN THE APPROPRIATE BOXES GENERAL YES NO GENERAL YES NO Do you currently, or within the past month, smoked tobacco Have you ever had any of the following heart or Have you ever had any of the following conditions: Cardiovascular problems Seizures Heart attack, heart failure, heart disease Diabetes (sugar disease) Stroke Allergic reactions that interfere with your breathing Angina Claustrophobia (fear of closed-in places) Swelling of feet or ankles (not caused by walking)

Trouble smelling odors Heart arrhythmia (heart beating irregularly) Murmur Have you ever had any of the following pulmonary or High blood pressure lung problems: Any other heart problems Asbestosis Asthma Frequent Pain or tightness in your chest Chronic Bronchitis During physical activity Emphysema That interferes with your job Pneumonia Heart skipping a beat in the past 2 years Tuberculosis Heartburn (not associated with eating)

Silicosis Any symptoms relating to heart/circulation problems Pneumothorax (Collapsed lung)

Lung cancer Have you used a Respirator Broken rib(s) Type or respirator worn:

Any chest injury or surgery or other lung problem Full face Do you currently have any of the following symptoms Half face of pulmonary or lung illness: Powered air purifying (PAPR)

Shortness of breath or shortness of breath with: SCBA walking fast on level ground or slight incline While wearing respirator, have you had any of the walking at ordinary pace on level ground following:

Stop for breath when walking at your own pace Eye irritation Washing or dressing yourself Skin allergies or rashes Interferes with your job Anxiety Coughing: produces phlegm General weakness/fatigue Coughing: occurs mostly lying down or wakes you early Any other problems that interfere with respirator use:

Coughed up blood in the last month Wheezing or wheezing that interferes with your job Chest pain when you breathe deeply Any other symptoms related to lung problems MEDICATIONS: Side Effects Dosage Frequency Diagnosis List all medications you are currently taking? you are experiencing MED-002, Rev. 6 (4/17/20) 1

MEDICAL HISTORY QUESTIONNAIRE Name: SS #:

HEALTH/WELLNESS YES NO HEALTH/WELLNESS YES NO Depression/anxiety/other psychological disorder Sleep Apnea (If Yes, CPAP Prescribed?)

Post-Traumatic Stress Disorder Diagnosed, treated for cancer Alcohol/Drug abuse/addiction treatment Thyroid trouble/enlarged neck glands Frequent headaches/Severe head injury Speech Impediment Dizziness, fainting spells/Loss of consciousness Skin Disease: Hives, eczema, infections, boils VISION YES NO EARS YES NO Loss of vision one or both eyes (Temporary or Permanent) Have you ever had an injury to your ears, Glasses, contact lenses for Near Vision Including a perforated/broken ear drum Glasses, contact lenses for Distant Vision Do you currently have any of the following:

Color Blind or Problem seeing colors Difficulty hearing/deafness Glaucoma Wear hearing aid Any other vision problems Ringing in ears Any other ear problems MUSCULOSKELETAL Have you ever had a back injury NOISE (loud)

Weakness/numbness in arms, hands, legs or feet Work related in last 14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br /> Difficulty fully moving your arms and legs Exposed at prior job Pain/Stiffness when leaning at your waist Wear hearing protection prior to exam:

Difficulty fully moving your head up and down Non-work related in last 14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br /> Difficulty fully moving your head side to side Gunfire Difficulty bending at your knees Loud music Difficulty squatting to the ground Saws/chainsaws Climbing a flight of stairs or ladder carrying >25lbs Mower/weed eater Amputation, prosthetic limb Motor boat/ Motorcycle Arthritis Other Any other problems that interfere with using a NOSE Respirator: Trouble smelling Hay fever ENVIRONMENTAL EXPOSURE Chronic sinus problems Have you ever worked with or under any of the Any other nose problems Following conditions:

Asbestos GASTROINTESTINAL Coal (for example, mining) Excessive indigestion, heartburn Silica (for example sandblasting) Vomiting blood, food Iron Liver trouble, hepatitis Tungsten/Cobalt (grinding or welding) Jaundice (yellow skin)

Tin Hernia Dusty environments Frequent diarrhea Beryllium GENITOURINARY Aluminum Burning, frequency of urination Hazardous chemicals Blood in urine Radioactive isotopes/materials Kidney stones Any other hazardous exposures Prostate trouble HOSPITALIZATION ALLERGIES/ALLERGIC REACTIONS: Any hospitalizations/medical procedures?

If Yes, List: Since your last physical exam?

For depression or anxiety?

SOCIAL/PERSONAL If yes, enter date and reason in space below Estimate weekly consumption Date: Reason:

Coffee 8 oz. Cup Wine 6 oz. Glass Beer 12 oz. Can Liquor 1 1/2 oz. jigger I hereby authorize Entergy and/or Contract Medical Personnel to perform a physical examination upon me, including all tests (x-rays, blood, urine etc.), to determine my state of health with regard to the ability to perform all the duties of my job. I certify that I have reviewed the above information and to the best of my knowledge, it is true and complete. I understand that any misrepresentation may be grounds for disqualification and/or disciplinary actions. I agree to self report any changes in my medical condition that could affect my ability to perform my job or my respiratory qualification.

Employees Signature Date Physicians Summary: ______________________________________________________________________________________________________

Physicians Signature Date MED-002, Rev. 6 (4/17/20) 2