L-2020-084, Exemption Request for Access Authorization and Fitness for Duty Requirements Due to COVID-19 Pandemic
| ML20142A272 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 05/21/2020 |
| From: | Stamp B Florida Power & Light Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation, Office of Nuclear Security and Incident Response |
| References | |
| L-2020-084 | |
| Download: ML20142A272 (8) | |
Text
SECURITY-RELATED INFORMATION -WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 May 21, 2020 L-2020-084 10 CFR 73.5 10 CFR 26.9 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 RE: Turkey Point Nuclear Plant, Units 3 and 4 Docket Nos. 50-250 and 50-251 Renewed Facility Operating Licenses DPR-31 and DPR-41 Exemption Request for Access Authorization and Fitness for Duty Requirements due to COVID-19 Pandemic On January 31, 2020, the U.S. Departmento f Health and Human Services declared a public health emergency (PHE) for the United States to aid the nation's 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, Florida Governor Ron Desantis issued on March 9, 2020, Executive Order 20-52, declaring a State of Emergency due to COVID-19. In response to these declarations and in accordance with the Florida Power & Light Company (FPL) Pandemic Response Plan, FPL has had to postpone some site activities at Turkey Point Nuclear Plant, Units 3 and 4 (Turkey Point) due to isolation activities (e.g., social distancing) and anticipates isolation of required station personnel in order to maintain the necessary staffing levels. Consequently, and in accordance with the provisions of 10 CFR 26.9 and 10 CFR 73.5, FPL is requesting an exemption from certain requirements of 10 CFR 26 and 10 CFR 73.56 associated with the Turkey Point access authorization and fitness-for-duty programs. Technical justification for the exemptions is provided in the enclosure to this letter.
FPL commenced isolation activities to protect Turkey Point staff from the COVID-19 virus in March 2020 and estimates the requested exemptions will become necessary in June 2020. The exemptions would apply to personnel performing the duties identified in 10 CFR 73.56(b)(1) and 10 CFR 26.4. The time period during which the exemptions are required is not currently known but would be in effect no later than 90 days after the PHE is ended or December 31, 2020, whichever occurs first.
Should you have any questions regarding this submission, please contact Mr. Robert Hess, Turkey Point Licensing Manager, at 305-246-4112.
Sincerely, Brian Stamp Site Director, Turkey Point Nuclear Plant Florida Power & Light Enclosure - Access Authorization/Fitness for Duty Exemption Request USNRC Regional Administrator, Region II USNRC Project Manager, Turkey Point Nuclear Plant USNRC Senior Resident Inspector, Turkey Point Nuclear Plant Florida Power & Light Company 9760 SW 344th Street, Homestead, FL 33035
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 L-2020-084 Enclosure Access Authorization/Fitness for Duty Exemption Request
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 1 of 6 1.0
SUMMARY
DESCRIPTION Florida Power & Light Company (FPL) requests a temporary exemption from the access authorization and fitness-for-duty provisions of 10 CFR 26 and 10 CFR 73.56, as identified in section 3.0, for Turkey Point Nuclear Plant, Units 3 and 4 (Turkey Point). The exemptions support isolation activities (e.g., social distancing, group size limitations, self-quarantining, etc.) necessary to protect required site personnel in response to the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). These activities are needed to ensure that essential Turkey Point personnel are isolated from the COVID-19 virus.
2.0 BACKGROUND
In an April 27, 2006 NRC Pandemic Flu workshop (Reference 8.1), participants determined that nuclear power plants would likely need to process a large number of requests for enforcement discretion or exemptions from NRC requirements. Subsequently NEI published a Pandemic Licensing Plan in 2007 (Reference 8.2) that provided a listing of regulations which, in a pandemic, licensees should review and determine if an exemption is required. FPL has reviewed the recommended regulation listing and determined that exemptions are required as described herein.
3.0 EXEMPTION DETAILS For plant personnel performing duties described in 10 CFR 73.56(b)(1) and 10 CFR 26.4, as appropriate, FPL anticipates not being able to meet the access authorization and fitness-for-duty requirements of 10 CFR 26 and 10 CFR 73.56 as indicated in the table below. The exemptions would authorize flexibility in managing Turkey Point activities by allowing alternative controls which provide reasonable assurance that individuals are trustworthy and reliable and are not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause for the duration of the PHE. Upon NRC approval, FPL will suspend the listed requirements at Turkey Point in accordance with the specified limitations and controls until no later than 90 days after the COVID-19 PHE has ended or December 31, 2020, whichever occurs first.
Regulations Requiring Exemption Limitations and Description Exemption Controls Behavioral Observation Only applies to individuals offsite who 10 CFR 26.33; 10 CFR for Licensee Staff Offsite already have been granted 73.56(f)(2)(v); and 10 CFR Who Have Previously authorization. Establish alternative 73.56(i)(1)(i), (ii), and (iv) Been Granted Access controls for BOP using electronic Authorization means (2017 NEI white paper).
Exemption conditioned on maintaining documentation of original 10 CFR 26.41(b), (c)(1)-
Auditing AA and FFD audit schedule, a new audit schedule (2), (d)(3), and (g)(5); and Programs justified by the COVID-19 actions and 10 CFR 73.56(n)(1) - (2) impacts and restoring compliance as soon as reasonably practicable.
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 2 of 6 Regulations Requiring Exemption Limitations and Description Exemption Controls Only applies to individuals who AA and FFD Refresher already have been granted 10 CFR 26.29(c)(2), (c)(3),
Training for Personnel authorization. If a refresher training and (d), and 10 CFR Who Have Previously exam cannot be proctored, the 73.56(f)(2)(ii)(C), (iv), and Been Granted Access individual is still required to take and (v)
Authorization pass the exam remotely to maintain authorization.
Do not test individual who has indications of COVID send home.
Management Actions on Test individual if no COVID-19 10 CFR 26.31(c)(2) Possible Impairment indications are present.
(for-cause testing)
Documentation and restoration of compliance.
10 CFR 26.61(a)(1); 10 CFR 26.63(c)(3); 10 CFR 26.63(f)(2) and (3); 10 Self-Disclosure, Suitable Establish alternate controls using NEI CFR 26.69(b)(2) and Inquiry, and Background 03-01 best effort attempts.
(c)(2); 10 CFR 73.56(d)(3), Checks (d)(4)(iv) and (B), (d)(5),
and (d)(7); and, 10 CFR 73.56(h)(4)(ii)(A) and (B)
Only applies to individuals who currently maintain unescorted access 10 CFR 26.65(d)(1)(i) and authorization, have no breaks of (ii); 10 CFR 26.65(e)(1) service, and are subject to a and (2); 10 CFR Reinvestigations, licensees Behavioral Observation 73.56(i)(1)(v)(A); 10 CFR Reinstates, and Program, drug and alcohol testing, 73.56(i)(1)(v)(B)(1) - (5) Fingerprinting verification of true identity, and no and (C); and 10 CFR pending reported legal actions -
73.56(i)(1)(vi) and (i)(2) reviewing official determines no other disqualifying information exists.
Acknowledgement of individuals offsite and do not have equal probability of being tested. The Managing Random selected individual would not be 10 CFR 26.31(c)(5) and Testing Program and notified to appear for a test until 26.31(d)(2)(iv)
Collection Facility access to the site was restored and the collector and donor was reasonably available.
Managing Random 10 CFR 26.31(d)(2)(i) and Documentation and restoration of Testing Program and 10 CFR 26.405(b)(1) compliance.
Collection Facility
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 3 of 6 Regulations Requiring Exemption Limitations and Description Exemption Controls Managing Random 10 CFR 26.31(d)(2)(i)(A) Documentation and restoration of Testing Program and and (B) compliance.
Collection Facility Managing Random Documentation and restoration of 10 CFR 26.31(d)(2)(ii) Testing Program and compliance.
Collection Facility Managing Random Documentation and restoration of 10 CFR 26.31(d)(2)(v) Testing Program and compliance.
Collection Facility MRO Timeliness Documentation and restoration of 10 CFR 26.165(b)(5) Requirement, Testing at compliance.
a 2nd HHS-certified Lab The licensee shall document each MRO Timeliness occurrence and the MRO shall 10 CFR 26.185(d)(3) Requirement, Donor contact the individual as soon as Contact reasonably practicable, and within 2 additional business days.
MRO Timeliness Documentation and restoration of 10 CFR 26.185(p) Requirement, Results compliance within 15 days after Review receiving the laboratory test result.
10 CFR 26.155(a) - (e), 10 HHS-Certified Assessment of the impact on Part 26 CFR 26.161(a) - (f), and Laboratory Personnel, testing (worker protection).
10 CFR 26.167(a) - (e) Validity Testing, and QA HHS-Certified The laboratory must conduct testing 10 CFR 26.169(a)
Laboratory Test Results as soon as reasonably practicable.
Document each instance when follow-up testing was not completed, and at 10 CFR 26.31(c)(4),
the earliest practicable opportunity 26.69(b)(6)(i)-(iii), and 10 Follow-up Testing reinitiate testing consistent with the CFR 26.405(c)(4) testing schedule in the follow-up testing plan.
Provide up to 10 additional calendar days beyond the 5-day requirement to Shy Bladder obtain the medical exam and provide 10 CFR 26.119(a)
Determinations documentation to the MRO (not to exceed 15 days from the collection date, otherwise access is denied).
Submit as many blinds as possible to Blind Performance Test meet the requirement for the quarter.
10 CFR 26.168 Sample (BPTS) Program Do not catch up blinds in subsequent quarters.
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 4 of 6 Regulations Requiring Exemption Limitations and Description Exemption Controls If an individual cannot have a face-to-face evaluation conducted due to Determination of Fitness potential COVID-19 issues, alternate 10 CFR 26.189(c)
- For Cause electronic means may be the only way to make a Determination of Fitness at that time.
Verification that the individual is on FFD Program Personnel official business and behavioral
- Sources of observation/escorting while onsite.
10 CFR 26.31(b)(1)(i) and Authorization Should the transporter appear 26.31(b)(2) Information and Offsite impaired, the licensee shall notify the Drug and Alcohol NRC operations center, NRC regional Testing office, and the Department of Energy.
Determination of Fitness - alternate Federal and State measure for face-to-face. Consider 10 CFR 26.4(j)(1) - (4) Official Access to NRC-electronic communication with Licensed Facilities provider with exemption.
4.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control (CDC) has issued recommendations advising social distancing to reduce the spread of the COVID-19 Virus (Reference 8.3). At Turkey Point, FPL has implemented self-quarantining, group size limitations and social distancing to protect required site personnel in accordance with NEI 06-03, Pandemic Threat Planning, Preparation, and Response Reference Guide (Reference 8.4). Ideally, these activities will limit the spread of the COVID-19 virus among the station staff. However, implementation will require exemptions to the access authorization and fitness-for-duty requirements of 10 CFR 26 and 10 CFR 73.56, as listed in section 3.0, since the isolation activities restrict personnel from performing certain activities. Maintaining a healthy workforce onsite is preferable to a workforce that is unavailable during the pandemic.
Due in part to the nature of the COVID-19 pandemic, isolation activities lasting longer than several weeks are expected. In accordance with FPLs Pandemic Response Plan, an extended recovery period will likely follow. Thereby, FPL will restore full compliance with 10 CFR 26 and 10 CFR 73.56 within 90 days after the PHE is ended or December 31, 2020, whichever occurs first.
5.0 JUSTIFICATION OF EXEMPTION 10 CFR 26.9, Specific exemptions, and 10 CFR 73.5, Specific Exemptions, state that the NRC may grant exemptions from the regulations therein provided the following conditions are met:
(1) The exemptions are authorized by law.
(2) The exemptions will not endanger life or property or the common defense and security.
(3) The exemptions are otherwise in the public interest.
FPL has evaluated the requested exemptions against the 10 CFR 26.9 and 10 CFR 73.5 criteria for specific exemptions and has determined that each are satisfied as described below.
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 5 of 6 (1) The exemption is authorized by law Access authorization and fitness-for-duty requirements in 10 CFR 73.56 and 10 CFR 26 are not required by any statute. The requested exemption is authorized by law given 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 endanger life or property or the common defense and security.
The requested exemptions will not endanger life or property or the common defense and security. The requested exemptions are one-time exemptions to allow temporary relief from access authorization and fitness-for-duty requirements of 10 CFR 26 and 10 CFR 73.56, as listed in section 3.0 of this exemption request. These exemptions serve the public interest by implementing isolation activities and controls which assure the health and availability of essential Turkey Point staff during the COVID-19 pandemic.
The proposed exemptions are related to access authorization and fitness-for-duty requirements and do not change physical security plans or the defensive strategy. FPL will continue to meet all other access authorization and fitness-for-duty requirements not listed in section 3.0. Therefore, granting the exemption request will not endanger or compromise the common defense or security, or safeguarding of Turkey Point.
(3) The exemption is otherwise in the public interest.
FPLs pandemic response plan is based on NEI 06-03, Pandemic Threat Planning, Preparation, and Response Reference Guide (Reference 8.4) which recommends isolation strategies such as sequestering, use of super crews or minimum staffing as applicable, social distancing, group size limitations, and self-quarantining in an event of a pandemic.
NEI 06-03 provides other mitigation strategies that serve the public interest during a pandemic by assuring adequate staff are isolated from the pandemic and remain healthy and available to perform their job function(s).
Turkey Point operation during the pandemic supports the public need for a reliable source of electricity to cope with the COVID-19 pandemic. The electric grid, including nuclear plant operation, comprise the nation's critical infrastructure similar to the medical, food and communications industries. Compliance with certain access authorization and fitness-for-duty requirements impair Turkey Point implementation of the CDC recommendations (social distancing, group size limitations, self-quarantining etc.) which minimize the spread of COVID-19, thereby challenging safe and reliable operation. Without the CDC recommended activities, Turkey Point could be forced to shut down and possibly maintain the plant in a shutdown condition for the duration of the pandemic. Maintaining Turkey Point in a shutdown condition for the duration of the pandemic would not serve the public interest in providing a reliable source of baseload electrical power.
6.0 CONCLUSION
As demonstrated above, the exemption request is in accordance with the specific exemption criteria of 10 CFR 26.9 and 10 CFR 73.5. Specifically, the requested exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common
SECURITY-RELATED INFORMATION - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 Turkey Point Nuclear Plant L-2020-084 Docket Nos. 50-250 and 50-251 Enclosure Page 6 of 6 defense and security. As such, a temporary exemption from the identified sections of 10 CFR 26 and 10 CFR 73.56 at Turkey Point is justified during and upon recovery from the COVID-19 PHE.
7.0 ENVIRONMENTAL ASSESSMENT FPL requests exemptions from certain access authorization and fitness-for-duty requirements of 10 CFR 26 and 10 CFR 73.56 at Turkey Point. Specifically, the exemptions are necessary from the 10 CFR 26 and 10 CFR 73.56 requirements listed in section 3.0 of this exemption request, through the period that COVID-19 related activities are in effect and an additional transition period of 90 days after the PHE is ended or December 31, 2020, whichever occurs first.
FPL has determined that the exemptions involve 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 construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirements for which an exemption is being requested involve access authorization and fitness-for-duty requirements. Accordingly, the proposed exemptions meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption request.
8.0 REFERENCES
8.1 USNRC Office of Nuclear Security and Incident Response - Sustaining Safe Nuclear Operations in an Influenza Pandemic, Summary of NRC Pandemic Flu Workshop Held on April 27, 2006 (ADAMS Accession Number ML061740190).
8.2 Nuclear Energy Institute White Paper, Pandemic Licensing Plan, January 2001 (ADAMS Accession No. ML070470653) 8.3 Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19); retrieved from https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html, March 17, 2020 8.4 Nuclear Energy Institute (NEI) 06-03, Pandemic Threat Planning, Preparation, and Response Reference Guide, Revision 2, February 2020