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MONTHYEARML20157A1522020-06-0404 June 2020 Pre-Submittal Meeting Between NRC and Exelon for Planned License Amendment Request to Modify Technical Specification 3.6.1.3 Surveillance Requirement 3.6.1.3 - June 9, 2020 Project stage: Meeting ML20164A2102020-06-29029 June 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0094 (COVID-19)) Project stage: Other ML20232C2722020-09-22022 September 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0094 (COVID-19)) Project stage: Other 2020-06-04
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Category:Exemption from NRC Requirements
MONTHYEARML23356A0832024-01-0404 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0058 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) JAFP-23-0069, Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements2023-12-0707 December 2023 Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements RS-23-126, Request for Exemption from 10 CFR 2.109(b)2023-12-0707 December 2023 Request for Exemption from 10 CFR 2.109(b) JAFP-23-0057, and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML20337A0042020-12-0808 December 2020 Exemption from Annual Force-On-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3.(I)(1) (EPID L-2020-LLE-0197 (Covid 19)) 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 ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20238B9472020-08-28028 August 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0136 (COVID-19)) ML20233A8142020-08-20020 August 2020 Incoming Request from FitzPatrick Re COVID-19 Exemption from Part 26 Work Hours Requirements ML20140A0712020-07-21021 July 2020 Letter with Exemption from the Requirements of Appendix J to 10 CFR Part 50 ML20140A1122020-07-21021 July 2020 Exemption from the Requirements of Appendix J to 10 CFR Part 50 ML20146A0042020-07-21021 July 2020 Federal Register Notice - Exemption from the Requirements of Appendix J to 10 CFR Part 50 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 ML20164A2102020-06-29029 June 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0094 (COVID-19)) ML16243A5102016-10-20020 October 2016 Letter, Exemption from the Requirements of 10 CFR Part 73, Sections 55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather NRC-2010-0095, FRN: General Notice. James A. FitzPatrick Nuclear Power Plant, ME0727, Exemption from Appendix R Section G.III.2 Requirements for a Manual Action2010-03-11011 March 2010 FRN: General Notice. James A. FitzPatrick Nuclear Power Plant, ME0727, Exemption from Appendix R Section G.III.2 Requirements for a Manual Action ML1003406612010-03-11011 March 2010 FRN: General Notice. James A. FitzPatrick Nuclear Power Plant, ME0727, Exemption from Appendix R Section G.III.2 Requirements for a Manual Action ML1003406702010-03-11011 March 2010 Exemption from Requirements of 10 CFR Part 50, Appendix R, Section III.G.2 ML0932700752009-11-17017 November 2009 James A. FitzPatrick Nuclear Power Plant - Response to Request for Additional Information Re Request for Exemption from 10 CFR 50, App R, Section III.G.2 ML0621903772006-09-27027 September 2006 Exemption from the Requirements of 10 CFR Part 50, Appendix R ML0225505592002-09-12012 September 2002 Exemption from Requirements of 10 CFR Part 20, Section 20.1003 Definition of Total Effective Dose Equivalent (TEDE) 2024-01-04
[Table view] Category:Letter
MONTHYEARIR 05000333/20230042024-02-0707 February 2024 Integrated Inspection Report 05000333/2023004 and Independent Spent Fuel Storage Installation Inspection Report 07200012/2023001 ML24037A0102024-02-0606 February 2024 Requalification Program Inspection ML24018A0012024-01-18018 January 2024 Notification of Commercial Grade Dedication Inspection (05000333/2024010) and Request for Information ML24004A2302024-01-0808 January 2024 Project Manager Reassignment ML23356A0832024-01-0404 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0058 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines JAFP-23-0065, License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications2023-12-14014 December 2023 License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications IR 05000333/20234012023-12-0808 December 2023 Cybersecurity Inspection Report 05000333/2023401 (Cover Letter Only) RS-23-126, Request for Exemption from 10 CFR 2.109(b)2023-12-0707 December 2023 Request for Exemption from 10 CFR 2.109(b) JAFP-23-0069, Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements2023-12-0707 December 2023 Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements JAFP-23-0057, and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation JAFP-23-0064, Emergency Plan Document Revision2023-11-15015 November 2023 Emergency Plan Document Revision JAFP-23-0063, Registration of Spent Fuel Cask Use2023-11-13013 November 2023 Registration of Spent Fuel Cask Use IR 05000333/20230032023-11-13013 November 2023 Integrated Inspection Report 05000333/2023003 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums IR 05000333/20230102023-10-26026 October 2023 Biennial Problem Identification and Resolution Inspection Report 05000333/2023010 JAFP-23-0059, Registration of Spent Fuel Cask Use2023-10-24024 October 2023 Registration of Spent Fuel Cask Use IR 05000333/20233012023-10-19019 October 2023 Initial Operator Licensing Examination Report 05000333/2023301 RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans JAFP-23-0050, Physical Security Plan, Revision 242023-08-31031 August 2023 Physical Security Plan, Revision 24 JAFP-23-0048, Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-31031 August 2023 Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis IR 05000333/20230052023-08-31031 August 2023 Updated Inspection Plan for James A. FitzPatrick Nuclear Power Plant (Report 05000333/2023005) JAFP-23-0047, Correction to the 2022 Annual Radioactive Effluent Release Report2023-08-30030 August 2023 Correction to the 2022 Annual Radioactive Effluent Release Report ML23228A1342023-08-16016 August 2023 Licensed Operator Positive Fitness-For-Duty Test IR 05000333/20230022023-08-0707 August 2023 Integrated Inspection Report 05000333/2023002 RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor JAFP-23-0040, License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-0303 August 2023 License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis JAFP-23-0043, 10 CFR 50.46 Annual Report2023-07-31031 July 2023 10 CFR 50.46 Annual Report JAFP-23-0038, License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance2023-07-28028 July 2023 License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance ML23208A1622023-07-27027 July 2023 Operator Licensing Examination Approval IR 05000333/20234022023-07-26026 July 2023 Security Baseline Inspection Report 05000333/2023402 IR 05000333/20230112023-07-25025 July 2023 Post-Approval Site Inspection for License Renewal - Phase 4 Inspection Report 05000333/2023011 IR 05000333/20235012023-07-20020 July 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000333/2023501 JAFP-23-0033, License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation2023-06-28028 June 2023 License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation IR 05000333/20234202023-06-26026 June 2023 Security Baseline Inspection Report 05000333 2023420 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23164A0322023-06-13013 June 2023 Request for Information for a Biennial Problem Identification and Resolution Inspection; Inspection Report 05000333/2023010 ML23152A0042023-06-0101 June 2023 Information Request for the Cyber Security Baseline Inspection, Notification to Perform Inspection 05000333/2023401 RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling JAFP-23-0025, 2022 Annual Radiological Environmental Operating Report2023-05-10010 May 2023 2022 Annual Radiological Environmental Operating Report IR 05000333/20230012023-05-0303 May 2023 Integrated Inspection Report 05000333/2023001 ML23117A2172023-05-0101 May 2023 Safety Evaluation for Quality Assurance Program Manual Reduction in Commitment ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI JAFP-23-0023, 2022 Annual Radioactive Effluent Release Report2023-04-27027 April 2023 2022 Annual Radioactive Effluent Release Report IR 05000333/20230122023-04-13013 April 2023 Quadrennial Fire Protection Inspection Report 05000333/2023012 ML23095A3722023-04-0505 April 2023 2023 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes Transmittal RS-23-049, Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-23023 March 2023 Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations IR 05000333/20220042023-03-20020 March 2023 Integrated Inspection Report 05000333/2022004 JAFP-23-0010, 2022 REIRS Transmittal of NRC Form 52023-03-20020 March 2023 2022 REIRS Transmittal of NRC Form 5 ML23061A1632023-03-0303 March 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch 3 2024-02-07
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June 29, 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:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT - EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL (EPID L-2020-LLE-0094 [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 James A. FitzPatrick Nuclear Power Plant (FitzPatrick). This action is in response to Exelon Generation Company, LLCs (Exelon or the licensee) application dated May 29, 2020, as supplemented by letter dated June 4, 2020 (Agencywide Documents Access and Management System Accession Nos. ML20153A381 and ML20156A152, respectively (non-public, withheld under 10 CFR 2.390)), that requested a temporary exemption from the licensee-conducted annual force-on-force (FOF) exercise requirement in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1).
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 the annual FOF 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.
B. Hanson Subsequently, the Centers for Disease Control and Prevention issued recommendations (e.g.,
social distancing, limiting assemblies) to limit the spread of COVID-19.
Exelons May 29, 2020, application and June 4, 2020, supplement states the following:
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.
FitzPatrick began implementing isolation restrictions after the Governor of New York State issued a disaster declaration on March 7, 2020.
FitzPatrick will maintain a list of the names of the individuals who will not meet the requalification requirements and will include the dates of their last qualification.
FitzPatrick will ensure contingency response readiness of security personnel not participating in an annual FOF exercise by conducting a lessons-learned review of a past exercise.
FitzPatrick will continue performing the quarterly tactical response drills/exercises and is not requesting an exemption from these requirements at this time.
FitzPatrick will complete the FOF exercise within the time period in this request when isolation restrictions are ended.
FitzPatrick is scheduling tentative dates for completing any missed annual FOF drills/exercises within the time period of this request.
FitzPatrick will begin implementing COVID-19 PHE controls for managing personnel performing security program duties upon NRC approval of its exemption request.
This temporary exemption will apply to FitzPatrick security personnel who have previously been and 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 FitzPatrick nuclear security personnel training programs, which consist of regularly scheduled training activities to include weapons training, contingency response drills and exercises, and demonstrated acceptable performance of day-to-day job activities (e.g., detection and assessment, patrols, searches, and defensive operations), it is reasonable to conclude that security personnel will continue to maintain their proficiency, even though the requalification periodicity is temporarily exceeded.
Additionally, 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 discussing planned activities related to the requirements for 10 CFR Part 73, Appendix B, Section VI, during the PHE (ADAMS Accession No. ML20105A483).
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
B. Hanson 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.
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 Exelon will implement for the duration of the exemption, including continuing to conduct required quarterly tactical response drills, a lessons-learned review of a past exercise, and completing the annual FOF exercise within the time period for this exemption, the NRC staff has reasonable assurance that the security force at FitzPatrick will maintain its proficiency and its 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 tactical drills and 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 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 FitzPatrick, while enabling the facility to continue to provide electrical power to the Nation.
Environmental Considerations NRC approval of this exemption request 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 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 these 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. There is no significant increase in individual or cumulative public or occupational radiation exposure because these 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
B. Hanson public. There is no significant construction impact because these exemptions do not involve any changes to a construction permit and no significant increase in the potential for or consequences from radiological accidents because these 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 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 the licensees request to temporarily exempt FitzPatrick from the annual FOF exercise requalification requirement of security personnel in subsection C.3.(l)(1) of 10 CFR Part 73, Appendix B, Section VI. 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 FitzPatrick project manager, Justin Poole, at 301-415-2048 or Justin.Poole@nrc.gov.
Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.06.29 Erlanger 13:36:45 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333 cc: Listserv
ML20164A210 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/RSB/BC NAME JPoole (SLee for) LRonewicz ABowers DATE 06/12/2020 06/12/2020 6/11/2020 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME NStAmour JDanna CErlanger DATE 06/16/2020 06/29/2020 06/29/2020