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MONTHYEARML20111A3172020-04-20020 April 2020 DEP Non-Disclosure Declarations Project stage: Request ML20161A3912020-06-30030 June 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0096 (COVID-19)) Project stage: Other 2020-04-20
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Category:Exemption from NRC Requirements
MONTHYEARML24102A2572024-04-25025 April 2024 Federal Register Notice - Issuance of Multiple Exemptions Regarding 10 CFR Part 73 - March 2024 ML23354A2062023-12-20020 December 2023 (TMI-2), Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation TMI-23-018, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23167A4632023-07-0505 July 2023 TMI-2S Exemption Appendix G ML23167A4642023-07-0505 July 2023 Letter - TMI-2- Exemption 10 CFR Part 20 Append G Issuance ML23137A2822023-05-17017 May 2023 (TMI-2), Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E ML23026A2332023-05-0202 May 2023 Exemption from 10 CFR 70.24 ML23027A0832023-04-24024 April 2023 Environmental Assessment/Finding of No Significant Impact - Request for Exemption from 10 CFR 70.24 ML23094A2692023-04-20020 April 2023 Safety Evaluation - Exemption from 10 CFR 70.24 ML22271A9752022-10-31031 October 2022 Notice of Partial Exemption and Conforming Amendment from Certain Record Keeping Requirements, Docket No. 50-320 ML22196A3952022-09-16016 September 2022 Enclosure 1 - Three Mile Island, Unit 2 - Partial Exemptions and Conforming Amendment from Certain Record Retention Requirements ML22167A0592022-06-16016 June 2022 Acceptance and Review Schedule Request Regarding Partial Exemption from Certain Record Retention Requirements ML22126A1432022-06-0808 June 2022 Letter to D. Rhoades from A. Snyder - TMI Unit 1 - Exemption - Use of Decommissioning Trust Fund for Site Restoration ML22126A1442022-06-0808 June 2022 Enclosure - Exemption RS-22-062, Supplemental Information to Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC Magnastor Storage System2022-04-26026 April 2022 Supplemental Information to Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC Magnastor Storage System ML21354A0272021-12-15015 December 2021 Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements ML21279A2782021-10-0505 October 2021 (TMl-2) - Request for Exemption from Record Retention Requirements ML21063A2812021-03-22022 March 2021 Enclosure - TMI-1 Onsite Exemption ML21040A2692021-03-0909 March 2021 TMI-1 Offsite Indemnity Agreement Revision Letter ML21040A2702021-03-0909 March 2021 Enclosure 1 - TMI Offsite Exemption ML20244A2932020-12-0101 December 2020 L-2019-LLE-0016 Exemption (2020-08-27) ML20244A2942020-12-0101 December 2020 L-2019-LLE-0016 Notice of Issuance of Exemption (2020-08-27) NMP1L3362, Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency2020-11-13013 November 2020 Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency ML20237F3372020-09-17017 September 2020 Environmental Assessment and Finding of No Significant Impact Related to Request for Exemptions from Certain Emergency Planning Requirements ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20161A3912020-06-30030 June 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0096 (COVID-19)) ML20107J6762020-05-21021 May 2020 Federal Register Notice with Partial Exemption from Certain Retention Requirements ML20107J6982020-05-19019 May 2020 Partial Exemption from Certain Record Retention Requirements ML20107J6482020-05-19019 May 2020 Cover Letter with Partial Exemption from Certain Record Retention Requirements ML20003E0962020-01-0303 January 2020 Request for Exemptions from 10 CFR 140.11 (a)(4), Concerning Primary and Secondary Liability Insurance ML19227A0342019-10-0909 October 2019 FRN - Three Mile Island Nuclear Station, Unit 1 -Finding of No Significant Impact with the Associated Environmental Assessment Related to the Use of the Decommissioning Trust Fund for Irradiated Fuel Management ML19211C0092019-07-22022 July 2019 Shutdown Decommissioning Activities Report ML19193A0052019-07-12012 July 2019 Request for Exemption from Record Retention Requirements ML19182A1042019-07-0101 July 2019 Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR Part 50, Appendix E ML19102A0852019-04-12012 April 2019 Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) ML13324A0862013-12-13013 December 2013 Exemption from Certain Requirements of 10 CFR Part 50, Appendix G and 10 CFR 50.61, for Initial RTNDT Values for Linde 80 Welds NRC-2010-0221, FRN: General Notice, Three Mile Island Nuclear Station, Unit 1 - Request for Exemption from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements2010-06-28028 June 2010 FRN: General Notice, Three Mile Island Nuclear Station, Unit 1 - Request for Exemption from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements ML1013101212010-06-28028 June 2010 FRN: General Notice, Three Mile Island Nuclear Station, Unit 1 - Request for Exemption from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements ML1013101132010-06-28028 June 2010 Letter, Request for Exemption from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements TMI-10-023, Response to Request for Additional Information Re Request for Exemption from 10 CFR 50, Appendix R, Section Iii.G, Fire Protection of Safe Shutdown Capability2010-03-15015 March 2010 Response to Request for Additional Information Re Request for Exemption from 10 CFR 50, Appendix R, Section Iii.G, Fire Protection of Safe Shutdown Capability ML0908307082009-03-30030 March 2009 Request for Exemption from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements ML0614302462006-06-27027 June 2006 TMI and Zion - Exemption from the Requirements of 10 CFR 50.54(a)(3) Re Submittal of Changes to Quality Assurance Topical Report ML0135404352002-02-0808 February 2002 Exemption the Hydrogen Control Requirement of 10 CFR Part 50, Section 50.44, 10 CFR Part 50, Appendix a, General Design Criteria 41 and 10 CFR Part 50, Appendix E, Section VI (Tac No MB0065) 2024-04-25
[Table view] Category:Letter
MONTHYEARRS-24-097, Notice of Intent to Pursue Subsequent License Renewal for Three Mile Island Nuclear Station, Unit 12024-10-23023 October 2024 Notice of Intent to Pursue Subsequent License Renewal for Three Mile Island Nuclear Station, Unit 1 ML24256A0422024-10-0404 October 2024 Updated Post-Shutdown Decommissioning Activities Report, Rev. 6 ML24240A1692024-09-18018 September 2024 Cy 2023 Summary of Decommissioning Trust Fund Status ML24242A3032024-09-0909 September 2024 Letter - Three Mile Island Station, Unit 2, Issuance of Amendment No. 68, Historic and Cultural Resources IR 05000320/20240012024-08-28028 August 2024 TMI-2 Solutions, LLC, Three Mile Island Nuclear Station, Unit 2 - NRC Inspection Report Nos. 05000320/2024001 and 05000320/2024002 ML24240A2222024-08-27027 August 2024 Response to Request for Additional Information for the TMI-2 Post-Shutdown Decommissioning Activities Report, Rev. 6 ML24220A2742024-08-15015 August 2024 Request for Additional Information Clarification Call Regarding Three Mile Island Station, Unit 2, Amended Post-Shutdown Decommissioning Activities Report, Rev. 6 ML24135A3292024-08-0909 August 2024 Amendment No 68, Historic and Cultural Resources Cover Letter IR 07200077/20240012024-06-18018 June 2024 Constellation Energy Generation, LLC, Three Mile Island Nuclear Station, Unit 1 - NRC Inspection Report No. 07200077/2024001 ML24157A3672024-06-13013 June 2024 Updated Post-Shutdown Decommissioning Activities Report Request for Additional Information Transmittal Letter ML24135A1972024-06-13013 June 2024 – Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0091 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML24151A6482024-06-0303 June 2024 Changes in Reactor Decommissioning Branch Project Management Assignments for Some Decommissioning Facilities ML24120A3242024-05-24024 May 2024 TMI-2 Email to Fws RS-24-055, 2023 Corporate Regulatory Commitment Change Summary Report2024-05-17017 May 2024 2023 Corporate Regulatory Commitment Change Summary Report ML24121A2472024-04-29029 April 2024 And Three Mile Island, Unit 2 - 2023 Occupational Radiation Exposure Annual Report ML24120A2552024-04-29029 April 2024 Annual Radiological Environmental Operating Report ML24113A0212024-04-18018 April 2024 (TMI-2), Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation RS-24-002, Constellation Energy Generation, LLC - Annual Property Insurance Status Report2024-04-0101 April 2024 Constellation Energy Generation, LLC - Annual Property Insurance Status Report ML24092A0012024-03-28028 March 2024 (TMI-2), Decommissioning Trust Fund Annual Report ML24065A0042024-03-28028 March 2024 Submittal of 2023 Aircraft Movement Data Annual Report ML24088A0122024-03-28028 March 2024 Notification of Amended Post-Shutdown Decommissioning Activities Report (PSDAR) in Accordance with 10 CFR 50.82(a)(7), Revision 6 ML24085A2152024-03-25025 March 2024 (TMI-2) - Annual Notification of Property Insurance Coverage RS-24-023, Report on Status of Decommissioning Funding.2024-03-22022 March 2024 Report on Status of Decommissioning Funding. ML24052A0602024-03-20020 March 2024 – Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0061 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML24074A3922024-03-14014 March 2024 Response to Request for Additional Information for the TMI-2 Post-Shutdown Decommissioning Activities Report, Rev. 5 ML24075A0062024-03-14014 March 2024 List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected by Your Proposed Project ML24073A2312024-03-13013 March 2024 And Three Mile Island Nuclear Station, Unit 2 - Management Change ML24044A0092024-02-12012 February 2024 License Amendment Request – Three Mile Island, Unit 2, Historic and Cultural Resources Review, Response to Request for Additional Information IR 05000320/20230042024-02-0707 February 2024 TMI-2 Solutions, LLC, Three Mile Island Nuclear Station, Unit 2 - NRC Inspection Report 05000320/2023004 ML24038A0222024-02-0505 February 2024 Achp Letter on Section 106 Programmatic Agreement Participation IR 05000289/20230062024-01-29029 January 2024 Constellation Energy Generation, LLC, Three Mile Island Nuclear Station, Unit 1 - NRC Inspection Report No. 05000289/2023006 ML23342A1242024-01-0909 January 2024 Independent Spent Fuel Storage Installation Security Inspection Plan ML23325A1092024-01-0505 January 2024 Review of the Management Plan for Three Mile Island Station, Unit No. 2, Debris Material ML23354A2062023-12-20020 December 2023 (TMI-2), Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23354A2112023-12-20020 December 2023 Response to Request for Additional Information for the TMI-2 Post-Shutdown Decommissioning Activities Report, Rev. 5 IR 05000320/20230032023-11-28028 November 2023 TMI-2 Solutions, LLC, Three Mile Island Nuclear Station, Unit 2, NRC Inspection Report No. 05000320/2023003 ML23243A9082023-08-29029 August 2023 SHPO Letter to TMI-2 Regarding Section 106 Activities IR 05000320/20230022023-08-17017 August 2023 TMI-2 Solutions, LLC, Three Mile Island Nuclear Station, Unit 2 - NRC Inspection Report 05000320/2023002 ML23216A1782023-08-14014 August 2023 Consultation Letter to Steve Letavic for TMI-2 IR 05000289/20230052023-08-14014 August 2023 Constellation Energy Generation, LLC, Three Mile Island Nuclear Station, Unit 1 - NRC Inspection Report 05000289/2023005 ML23216A1772023-08-14014 August 2023 Consultation Letter to Rebecca Countess for TMI-2 ML23216A1732023-08-14014 August 2023 Consultation Letter to Christine Turner for TMI-2 ML23216A1742023-08-14014 August 2023 Consultation Letter to David Morrison for TMI-2 ML23216A1752023-08-14014 August 2023 Consultation Letter to Joanna Cain for TMI-2 ML23221A1402023-08-0808 August 2023 (TMI-2), Response to Requests for Additional Information for the TMI-2 Post-Shutdown Decommissioning Activities Report, Rev. 5 ML23213A2342023-08-0101 August 2023 Submittal of Defueled Safety Analysis Report and Decommissioning Quality Assurance Plan ML23200A1882023-07-31031 July 2023 TMI-2 Correction Letter Amendment 67 ML23209A7632023-07-28028 July 2023 Letter from PA SHPO to TMI-2 Solutions on Cultural and Historic Impacts of Decommissioning ML23192A8272023-07-10010 July 2023 TMI-2 Solutions, LLC - Response to SHPO Request for Additional Information for Er Project 2021PR03278.006, TMI-2 Decommissioning Project ML23167A4642023-07-0505 July 2023 Letter - TMI-2- Exemption 10 CFR Part 20 Append G Issuance 2024-09-09
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June 30, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION, UNIT 1 - TEMPORARY EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY (EPID L-2020-LLE-0096 [COVID-19])
Dear Mr. Hanson:
The U.S. Nuclear Regulatory Commission (NRC or the Commission) 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 Three Mile Island Nuclear Station, Unit 1 (TMI-1). This action is in response to Exelon Generation Company, LLCs (Exelon or the licensee) application dated June 5, 2020 (Agencywide Documents Access and Management System Package Accession No. ML20157A209 (non-public, withheld under 10 CFR 2.390)), that requested a temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), regarding annual force-on-force (FOF) exercises.
The requirements in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), state, in part:
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) 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 annual licensee-conducted FOF exercise is to ensure that the site security force maintains its contingency response readiness. Participation in this exercise also supports the requalification of security force members.
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.
Subsequently, the Centers for Disease Control and Prevention issued recommendations (e.g.,
social distancing, limiting assemblies) to limit the spread of COVID-19.
B. Hanson Exelons June 5, 2020, application stated the following:
TMI-1 will continue performing the quarterly tactical response drills/exercises and is not requesting an exemption from these requirements at this time.
This temporary exemption supports isolation restrictions (e.g., social distancing, group size limitations, self-quarantining, use of personal protective equipment, etc.) necessary to protect required site personnel in response to the 2020 COVID-19 virus. These restrictions are needed to ensure personnel are isolated from the COVID-19 virus and remain capable of maintaining plant security. TMI-1 began implementing isolation restrictions after the Governor of the Commonwealth of Pennsylvania issued a disaster declaration on March 6, 2020.
TMI-1 will maintain a list of the names of the individuals who will not meet the requalification requirements and will include the dates of the last qualification.
TMI-1 will ensure contingency response readiness of security personnel not participating in an annual FOF exercise by conducting a lessons-learned review of past exercise.
TMI-1 will complete the FOF exercise, within the time period in this request, when isolation restrictions are ended.
TMI-1 will schedule tentative dates for completing any missed annual FOF drills/exercises within the time period of this request.
TMI-1 will begin implementing COVID-19 PHE controls for managing personnel performing security program duties upon NRC approval of its request.
TMI-1 listed the recent annual FOF and quarterly tactical drills/exercises This temporary exemption requested by Exelon will apply to TMI-1 security personnel who have previously demonstrated proficiency and are currently are qualified in accordance with the requirements in 10 CFR Part 73, Appendix B, Section VI. Exelon also stated that given the rigorous nature of the TMI-1 nuclear security personnel training programs, it is reasonable to conclude that security personnel will continue to maintain their proficiency even though the requalification periodicity is temporarily exceeded. Exelon further stated that TMI-1 will implement site-specific COVID-19 PHE training requalification controls noted above, consistent with those outlined in the NRC staffs April 20, 2020, letter discussing planned activities related to the requirements for 10 CFR Part 73, Appendix B, Section VI, during the PHE (ADAMS Accession No. ML20105A483). Exelon requested that the duration of the exemption be 90 days after the PHE is ended, or until December 31, 2020, whichever occurs first, consistent with the NRC staffs April 20, 2020, letter.
Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest.
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
B. Hanson 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 TMI-1 security personnel who are already satisfactorily qualified on the security requirements in 10 CFR Part 73, Appendix B, Section VI.
Based on the limited scope of the exemption to already qualified security personnel and its review of the controls Exelon will implement for the duration of the exemption, including a lessons-learned review of past exercise and completing the FOF exercise within the time period in Exelons exemption request, the NRC staff has reasonable assurance that the security force at TMI-1 will maintain its proficiency and readiness to implement the licensees protective strategy and adequately protect the site. Therefore, 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. Participation in FOF exercises places site security personnel in close proximity to one another. Such proximity has the potential to increase the likelihood of security personnel being exposed to the COVID-19 virus.
The NRC staff finds that the temporary exemption from the annual licensee-conducted FOF requirement in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), would facilitate the licensees efforts to maintain a healthy workforce capable of operating the plant safely and implementing the sites protective strategy by isolating security personnel from potential exposure to the COVID-19 virus. The NRC staff concludes that granting the temporary exemption is in the public interest because it allows the licensee to maintain the required security posture at TMI-1, while enabling the facility to continue to complete decommissioning activities.
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. There is 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 technical specifications or by the regulations in 10 CFR Part 20, Standards for protection against radiation. There is 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. There is no significant construction impact because this exemption does not involve any change 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 determined that there would be no significant impacts to biota, water resources, historic properties, cultural
B. Hanson resources, or socioeconomic conditions in the region. 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 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 Exelons request to temporarily exempt TMI-1 from the requirement for the annual FOF exercise in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1). This exemption expires 90 days after the end of the PHE, or December 31, 2020, whichever occurs first.
If you have any questions, please contact the TMI-1 project manager, Justin Poole, at 301-415-2048 or Justin.Poole@nrc.gov.
Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.06.30 Erlanger 12:32:28 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-289 cc: Listserv
ML20161A391 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/MSB/BC NAME JPoole LRonewicz ARivera DATE 06/10/2020 06/09/2020 06/11/2020 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME MWoods JDanna CErlanger DATE 06/29/2020 06/30/2020 06/30/2020