ML20140A130

Part 73 Exemption Letter_ 5-19-20

ML20140A130
Person / Time
Site:	Oyster Creek
Issue date:	05/20/2020
From:	Patricia Holahan Office of Nuclear Material Safety and Safeguards
To:	Sterdis A Holtec Decommissioning International, Holtec
Z CRUZ
References
EPID L-2020-LLE-0054
Download: ML20140A130 (6)

Text

May 20, 2020 Andrea L. Sterdis Vice President Regulatory and Environmental Affairs Holtec Decommissioning International, LLC Krishna P. Singh Technology Campus 1 Holtec Blvd.

Camden, NJ 08104

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - EXEMPTION REQUEST FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SECTION VI (L-2020-LLE-0054)

Dear Ms. Sterdis:

The U.S. Nuclear Regulatory Commission (NRC) has approved the below temporary exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), part 73, Appendix B,Section VI, Nuclear Power Reactor Training and Qualification Plan for Personnel Performing Security Program Duties, for the Oyster Creek Nuclear Generation Station (OCNGS). This action is in response to your application dated May 7, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20128J904 (withheld from public disclosure)), as supplemented by letter dated May 13, 2020 (ADAMS Accession No. ML20134J087), that requested a temporary exemption from 10 CFR 73, Appendix B, Section VI, subsection C.3.(I)(1) regarding quarterly tactical response drills and annual force-on-force (FOF) exercises.

The requirements in 10 CFR part 73, Appendix B,Section VI, subsection C.3.(l)(1) state:

Each member of each shift who is assigned duties and responsibilities required to implement the safeguards contingency plan and licensee protective strategy participates in at least one (1) tactical response drill on a quarterly basis and one (1) force-on-force exercise on an annual basis. Force-on-force exercises conducted to satisfy the NRC triennial evaluation requirement can be used to satisfy the annual force-on-force requirement for the personnel that participate in the capacity of the security response organization.

The purpose of the quarterly tactical drills and the annual licensee conducted FOF exercise is to ensure that the site security force maintains its contingency response readiness.

On January 31, 2020, the U.S. Department of Health and Human Services declared a Coronavirus Disease 2019 (COVID-19) public health emergency (PHE) for the United States.

A. Sterdis Subsequently, the Centers for Disease Control and Prevention (CDC) has issued recommendations (e.g., social distancing, limiting assemblies) to limit the spread of COVID-19.

In your May 7, 2020, application, you stated the following:

• New Jersey Governor Phil Murphy declared a state of emergency on March 09, 2020.

• In response to these declarations and in accordance with the Holtec Decommissioning International (HDI) Pandemic Response plan, HDI has postponed some site activities due to isolation activities (e.g., social distancing, group size limitations, self-quarantining, etc.).

• HDI commenced isolation activities necessary to protect required station staff on March 21, 2020.

• Issuance of the temporary exemption from the quarterly tactical response drills and annual FOF exercise requirements in 10 CFR 73, Appendix B, Section VI, subsection C.3.(I)(1) supports the isolation activities necessary to protect required site security personnel in response to the COVID-19 virus.

• Implementation of the requested temporary exemption will facilitate licensee efforts to help ensure that licensee site security personnel remain isolated from the COVID-19 virus and remain capable of maintaining plant security.

• OCNGS will implement the following controls to ensure impacted security personnel maintain the knowledge, skills, and abilities required to effectively perform assigned duties and responsibilities: conduct individual table tops and conduct question and answer sessions (e.g., via telephone, conference lines, webinars, etc.). This training will be documented on security training forms and retained in plant records.

• The exemptions are required through the period that isolation activities are in effect for the required plant staff and an additional 90-day transition period following the end of isolation activities.

This temporary exemption will apply to OCNGS security personnel who have previously been and are now currently qualified in accordance with the requirements in 10 CFR Part 73, Appendix B, Section VI. You stated that the proposed exemption is related to training and requalification and does not change the physical security plans or the defensive strategy. Also, you stated that security personnel are monitored regularly by supervisory personnel and will implement the controls identified above (e.g. individual table tops and conduct question and answer sessions) to ensure impacted security personnel maintain the knowledge, skills and abilities required to effectively perform assigned duties and responsibilities. Therefore, you stated that granting the requested temporary exemption will not endanger or compromise the common defense or security, or safeguarding of OCNGS.

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application of any interested person or on its own initiative, grant exemptions from 10 CFR part 73 when the exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

A. Sterdis In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR part 73, that is authorized by law. The NRC staff has reviewed the exemption request and finds that granting the proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the NRC staff finds that the exemption is authorized by law.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR part 73 when the exemption will not endanger life or property or the common defense and security. This exemption will only apply to licensee security personnel who are already satisfactorily qualified on the security requirements in 10 CFR part 73, Appendix B,Section VI.

Based on this fact, and its review of the controls you will implement for the duration of the exemption, including conducting individual table tops and conducting question and answer sessions (e.g., via telephone, conference lines, webinars, etc.), the NRC staff has reasonable assurance that the security force at OCNGS, will maintain its proficiency and its readiness to implement the licensees protective strategy and adequately protect the site.

You also stated that due in part to the nature of the COVID-19 pandemic, isolation activities lasting longer than several weeks are expected, so in accordance with the HDI Pandemic Response Plan an extended recovery period following the end of these isolation activities is expected. You requested that this exemption expire 90 days following the end of isolation activities, and stated that the additional 90-day transition time period after the end of isolation activities due to the COVID-19 pandemic will be used to restore compliance with the periodic security training and requalification requirements at OCNGS. It is the NRCs expectation that any annual licensee-conducted FOF exercises that are delayed will be rescheduled so that they are completed after the state of emergency declared on March 9, 2020, by the State of New Jersey ends.

Based on its review of your application, the NRC staff determined that granting this exemption for no longer than 90 days following the lifting of the state of emergency declared on March 9, 2020, by the state of New Jersey, the jurisdiction in which this facility is located, or December 31, 2020, whichever occurs first, would allow for the licensee to restore normal security staffing in a systematic manner. For example, it may take time after the state of emergency is lifted for COVID-19-affected security personnel to fully recover and return to work. Based on the above, the NRC staff concludes that the proposed exemption would not endanger life or property or the common defense and security.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR part 73 when the exemption is in the public interest. The licensee states that maintaining OCNGS security staff in place while meeting social distancing guidelines supports the security function of a decommissioning reactor to support the protection of spent fuel.

According to the licensee, this protects the health and safety of the public by protecting the nuclear facility including spent fuel cooling, work necessary to remove fuel from the spent fuel pool to the ISFSI, and a robust security footprint. Additionally, the licensee states, OCNGS pandemic response plan is based on NEI 06-03, Pandemic Threat Planning, Preparation, and Response Reference Guide (Reference 3) which recommends isolation strategies such as sequestering, use of super crews or minimum staffing as applicable, as well as social distancing, group size limitations and self-quarantining, in an event of a pandemic, to prevent the spread of the virus to the plant. The NRC staff finds that the temporary exemption from the requirements in 10 CFR part 73, Appendix B,Section VI, subsection C.3.(l)(1) is in the public interest because it allows the licensee to maintain the required security posture at OCNGS while performing decommissioning activities. The exemption also enables the licensee to minimize

A. Sterdis the risk of exposing essential security personnel to the coronavirus during the COVID-19 public health emergency.

Environmental Considerations The NRC staffs approval of this exemption request is categorically excluded under 10 CFR 51.22(c)(25)(vi)(E), and there are no special circumstances present that would preclude reliance on this exclusion. The NRC staff determined that this action applies to granting of an exemption from requirements relating to education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff has determined that approval of this exemption request involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems nor does it change any of the assumptions or limits used in the facility licensees safety analyses or introduce any new failure modes; no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because this exemption does not affect any effluent release limits as provided in the facility licensees defueled technical specifications or by the regulations in 10 CFR Part 20, Standards for Protection Against Radiation; no significant increase in individual or cumulative public or occupational radiation exposure because this exemption does not affect limits on the release of any radioactive material or the limits provided in 10 CFR Part 20 for radiation exposure to workers or members of the public; no significant construction impact because this exemption does not involve any changes to a construction permit; and no significant increase in the potential for or consequences from radiological accidents because this exemption does not alter any of the assumptions or limits in the licensees safety analysis.

In addition, the NRC staff has determined that there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. As such, there are no extraordinary circumstances present that would preclude reliance on this categorical exclusion. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

Conclusions Accordingly, the NRC has determined that pursuant to 10 CFR part 73.5, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the licensees request to temporarily exempt OCNGS from the requirements for periodic requalification of security personnel in subsection C.3.(l)(1) of 10 CFR part 73, Appendix B,Section VI. This exemption expires no later than 90 days following the lifting of the state of emergency declared on March 9, 2020, by the State of New Jersey, or December 31, 2020, whichever occurs first.

A. Sterdis If you have any questions, please contact the site project manager, Zahira Cruz, at 301-415-3808 or via e-mail at Zahira.Cruz@nrc.gov.

Sincerely, Patricia K. Digitally signed by Patricia K. Holahan Holahan Date: 2020.05.20 11:20:25 -04'00' Patricia K. Holahan, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-219 cc: Listserv P. Oneid, Holtec International P. Cowan, Holtec Decommissioning

ML20140A130 *via email OFFICE DUWP DUWP NSIR NSIR NAME ZCruz* JHickman* VWilliams* ARivera*

DATE 05/18/2020 05/18/2020 05/19/2020 05/19/2020 OFFICE DUWP OGC - NLO DUWP NAME BWatson* JBielecki* PHolahan*

DATE 05/18/2020 05/19/2020 05/20/2020