ML20162A061
| ML20162A061 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 06/10/2020 |
| From: | John Mckirgan Storage and Transportation Licensing Branch |
| To: | Welsch J Pacific Gas & Electric Co |
| YJChen NMSS/DFM/STL 415.1018 | |
| Shared Package | |
| ML20162A060 | List: |
| References | |
| CAC 001028, EPID: L-2020-LLE-0057 | |
| Download: ML20162A061 (6) | |
Text
June 10, 2020 Mr. James M. Welsch Senior Vice President Generation and Chief Nuclear Officer Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424
SUBJECT:
ISSUANCE OF TEMPORARY EXEMPTIONS FROM 10 CFR PART 73, APPENDIX B, SECTIONS I.E, II.E, AND IV FOR HUMBOLDT BAY INDEPENDENT SPENT FUEL STORAGE INSTALLATION (EPID: L-2020-LLE-0057 [COVID-19])
Dear Mr. Welsch:
This is in response to your request dated May 13, 2020 (Agencywide Document Access and Management System (ADAMS) Accession No. ML20134J007), for temporary exemptions under Title 10 of the Code of Federal Regulations (10 CFR) 73.5 from physical and medical requalification, security-related job-specific requalification training, and weapons requalification requirements for Pacific Gas and Electric Companys (PG&E) Humboldt Bay Independent Spent Fuel Storage Installation (ISFSI). This request is consistent with the guidance in the April 7, 2020, letter issued by Mr. Lubinski (ADAMS Accession No. ML20094G166) on providing regulatory relief during the coronavirus disease 2019 (COVID-19) public health emergency (PHE).
In your letter, you requested temporary exemptions from sections of 10 CFR Part 73, Appendix B, for PG&Es Humboldt Bay ISFSI as described below:
Exemption from 10 CFR Part 73, Appendix B, Section I.E. to allow the completion of the required 12-month security personal physical requalification no later than 6 months following the suspension of the emergency declaration at the local, State, and Federal level.
Exemption from 10 CFR Part 73, Appendix B, Section II.E. to allow the completion of required 12-month security personnel security-related job tasks requalification training no later than 3 months following the suspension of the emergency declaration at the local, State, and Federal level.
Exemption from 10 CFR Part 73, Appendix B, Section IV.D. to allow the completion of the required 12-month security personal weapons requalification no later than 3 months following the suspension of the emergency declaration at the local, State, and Federal level.
You stated that the exemption from the annual physical and medical requalification requirements in 10 CFR Part 73, Appendix B, Section I.E., is needed because Humboldt Bay ISFSIs Training and Qualification (T&Q) Program requires face-to-face appointments for the annual physical and medical requalification. Due to the COVID-19 PHE, the Centers for Disease Control and Prevention (CDC) recommends avoiding close contact with other people1.
You stated that during this time, most medical facilities are not seeing patients for routine visits, such as physical examinations. In addition, you stated that entering a medical facility would impose undue health risks to the individuals, their family, medical staff, and coworkers.
Therefore, you conclude that this temporary exemption is needed to follow CDC recommendations.
You further stated that the CDCs recommendation of avoiding close contact presents challenges with security-related job-specific training requalification requirements in the T&Q program. Your request also stated that the potential unpredictable spread of COVID-19 to specific qualified training personnel could also present challenges in the near future. Therefore, you conclude that Humboldt Bay ISFSI needs a temporary exemption from annual security-related job-specific requalification requirements in 10 CFR Part 73, Appendix B, Section II.E.
Additionally, you stated that the weapons requalification training for Humboldt Bay ISFSI guards and armed escorts is done at a local public facility. The operation of this local facility is not controlled by PG&E, and the facility could be closed at any time. Consistent with CDCs recommendation, you stated that PG&E seeks to minimize the risk to the security organization and the public by minimizing the amount of interaction with other people. Therefore, you conclude that Humboldt Bay ISFSI needs a temporary exemption from the weapons requalification training requirements of 10 CFR Part 73, Appendix B, Section IV.D.
In your request for these exemptions, you committed that each individual subject to the Appendix B requirements referenced above within the security organization will be examined by a licensed medical physician through an internet-based visual examination (e.g., telemedicine application) prior to the current expiration of the qualification. You also committed to conducting all required training that can be performed in accordance with Humboldt Bay ISFSI T&Q Program in a manner that follows CDC recommendations. In addition, you committed to entering the extended requalifications into the Humboldt Bay ISFSI corrective action program prior to the expiration date to ensure tracking for completion. You also committed that PG&E will continue to ensure that any individual within the security organization who self-declares his/her inability to perform the current assigned tasks will be removed from duty.
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.
Authorized by Law These temporary exemptions would allow PG&E an extension of the frequency for medical physicals requalification, security-related job-specific requalification training, and weapons requalification; which allows Humboldt Bay ISFSI to complete the required requalifications when 1 Centers for Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19), Protect Yourself, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
the conditions are suitable for such activities. The NRC has determined that granting these temporary exemptions will not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRC's regulations. Therefore, the temporary exemptions are authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security The staff performed a review of the temporary exemptions requested on the basis of the statements and representations provided by PG&E in its temporary exemption request submittal in accordance with Commission policy, security orders, and ongoing staff activities.
Under 10 CFR 73.51(d)(5), you are required to comply with the applicable provisions of Part 73 Appendix B,Section II; and provisions within Section II that require security personnel to be requalified in accordance with the NRC-approved training and qualification plan. Your approved T&Q Program commits to 10 CFR Appendix B to Part 73, provisions of Section I.E (physical requalification) which require that security personnel shall meet specified physical requirements at least every 12 months; provisions of Section II.E which require requalification at least every 12 months to perform assigned security-related job tasks and duties for both normal and contingency operations; and provisions of Section IV.D, which requires weapons requalification at least every 12 months.
You state that the individuals that these exemptions apply to have undergone the initial training in accordance with the Humboldt Bay ISFSI T&Q Program and 10 CFR Part 73, Appendix B, and have proven their physical ability, knowledge and, proficiency in the use of their assigned weapon, prior to initial assignment and during any subsequent requalification training.
Additionally, in your letter, you committed that each individual within the security organization subject to the Appendix B provisions and subject to the exemption will be examined by a licensed medical physician through an internet-based visual examination (e.g., telemedicine application) prior to the current expiration of his or her qualification. You have also committed to conducting the required training that can be performed in accordance with Humboldt Bay ISFSI T&Q Program in a manner that follows CDC recommendations. In addition, you committed to entering the extended requalification into the Humboldt Bay ISFSI corrective action program prior to the expiration date to ensure tracking for completion. You also committed that PG&E will continue to ensure that any individual within the security organization who self-declares his/her inability to perform the current assigned tasks will be removed from duty.
Because the requested temporary exemptions are applicable to specific security officers who were previously qualified in accordance with 10 CFR Part 73, Appendix B, Sections I.E, II.E, and IV.D; the rigorous nature of security officer training and qualification programs which consist of regularly scheduled training activities to include weapons training, contingency drills and exercises, and demonstrated acceptable performance of day-to-day job activities (e.g.,
detection and assessment, patrols, and searches); and your commitments to conduct examinations by a licensed medical physician through telemedicine, and perform all required training that can be done while following CDC recommendations; the staff determined that it is reasonable to conclude that these security officers will maintain their physical qualification, proficiency, and the ability to demonstrate acceptable performance even though the requalification periodicity will be temporarily exceeded through the PHE. Moreover, because PG&E stated that it will continue to ensure that any individual within the security organization who self-declares their inability to perform their current assigned tasks, will be removed from duty, the staff determined that effectiveness of the security force will be maintained. Therefore,
the NRC finds that granting the requested temporary exemption would not endanger life or property or the common defense and security.
Otherwise in the Public Interest The staff reviewed PG&Es request and acknowledges that the State and local restrictions and CDCs recommendations as a result of the COVID-19 PHE have caused challenges for Humboldt Bay ISFSI to comply with the annual physical and medical requalification, security-related job-specific requalification training, and weapons requalification requirements in 10 CFR Part 73, Appendix B, Sections I.E., II.E., and IV.D., respectively. The staff finds that allowing an extension of these requalification frequency and allowing Humboldt Bay ISFSI to complete the required requalification when the situation is suitable for such activities serves the public interest by facilitating the implementation of security measures regarding security personnel requalification in a manner that does not conflict with practices recommended to limit the spread of COVID-19. The exemption allows the licensee to continue maintaining the safety and security of Humboldt Bay ISFSI during the COVID-19 PHE. Therefore, the NRC finds that granting the requested temporary exemptions is in the public interest.
Environmental Consideration NRC approval of these exemption requests is categorically excluded under 10 CFR 51.22(c)(25), and there are no special circumstances present that would preclude reliance on this exclusion. The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from which the exemptions are sought involve education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff also determined that approval of these exemption requests involve no significant hazards consideration because they do not authorize any physical changes to the facility or any of its safety systems, nor do they change any of the assumptions or limits used in the facility licensees safety analyses or introduce any new failure modes. Additionally, the NRC staff determined that approval of these exemptions would not result in a significant change in the types or significant increase in the amounts of any effluents that may be released offsite because the exemptions do 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; no significant increase in individual or cumulative public or occupational radiation exposure because the exemptions do 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 the exemptions do not involve any changes to a construction permit; and no significant increase in the potential for or consequences from radiological accidents because the exemptions do not alter any of the assumptions or limits in the facility licensees safety analysis. In addition, the NRC staff determined that there would be no significant impacts to biota, water resources, historic properties, cultural 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 the exemption requests.
Conclusion Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, these temporary exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest. Therefore, the Commission hereby grants PG&E temporary exemptions from the annual physical and medical requalification, security-
related job-specific requalification training, and weapons requalification requirements in 10 CFR Part 73, Appendix B, Sections I.E., II.E., and IV.D., respectively, for Humboldt Bay ISFSI, which is incorporated in the NRC approved security plan required by Appendix B,Section II.E. The temporary exemptions will allow an extension of requalification frequency to allow Humboldt Bay ISFSI to complete the required 12-month security personal physical and medical requalification, security-related job-specific training requalification, and weapons requalification at the first reasonable opportunity and no later than December 31, 2020, or 90 days after the termination of the PHE by the Department of Health and Human Services, whichever occurs first. The duration of these exemptions is consistent with the duration provided in an April 20, letter (ADAMS Accession No. ML20105A483) regarding expedited review of other Part 73, Appendix B security personnel training and requalification frequency exemptions at other NRC licensed facilities. If you are not able to meet the physical and medical requalification, security-related job-specific requalification training, and weapons requalification requirements prior to the expiration of these exemptions, you may request additional exemptions.
Sincerely, John B. McKirgan, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-27 License No. SNM2514 CAC No. 001028 EPID: L-2020-LLE-0057 John B.
McKirgan Digitally signed by John B.
McKirgan Date: 2020.06.10 10:39:42
-04'00'
ML20162A060 (Pkg) ML20162A061 (Ltr)
ML20134J007 (Incoming)
- via email OFFICE NMSS/DFM NSIR/MSB NMSS/DFM NMSS/RDB NAME YChen DGarner*
WWheatley*
BWatson*
DATE 6/10/2020 5/28/2020 5/26/20 06/01/2020 OFFICE NSIR/MSB OGC (NLO)
NMSS/DFM NAME ARivera*
ACoggins*
JMcKirgan DATE 6/2/2020 6/9/2020 6/9/2020