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MONTHYEARML20209A0002020-08-13013 August 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID-L-2020-LLE-0119 (COVID-19)) Project stage: Other 2020-08-13
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Category:Exemption from NRC Requirements
MONTHYEARML24004A0792024-01-18018 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0041 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) U-604780, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-17017 November 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML22034A9832022-02-15015 February 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in January 2022 ML22013B2772022-01-14014 January 2022 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2022-LLE-0003 (COVID-19)) ML21112A0072021-04-29029 April 2021 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0027 (COVID-19)) ML20339A5382020-12-16016 December 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0232 (COVID-19)) ML20323A4342020-12-11011 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(l)(1) (EPID L-2020-LLE-0200 (COVID-19)) ML20339A3182020-12-0303 December 2020 Incoming Request-Clinton-Exelon Generation Co., LLC 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 ML20209A0002020-08-13013 August 2020 Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID-L-2020-LLE-0119 (COVID-19)) ML19092A2622019-07-15015 July 2019 Exemption from 10 CFR 2.109 (B)(Epid L-L-2018-LLE-0018) ML19092A2582019-07-11011 July 2019 Letter, Exemption from the Requirements of 10 CFR Part 54, Section 54.17(A) ML19193A0152019-07-11011 July 2019 Exemption from the Requirements of 10 CFR 54.17(A) RS-18-137, Request for Exemption from 10 CFR 2.109(b)2018-11-0808 November 2018 Request for Exemption from 10 CFR 2.109(b) ML16257A4802017-01-23023 January 2017 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 (CAC Nos. MF8275 - MF8278) 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 RS-04-086, Request for Exemption from 10 CFR 50 Appendix J in Support of Request for License Amendment Related to Application of Alternative Source Term2004-07-0101 July 2004 Request for Exemption from 10 CFR 50 Appendix J in Support of Request for License Amendment Related to Application of Alternative Source Term ML0233805002002-11-25025 November 2002 Exemption Request from the Requirements of 10 CFR 50.36(C)(1) 2024-01-18
[Table view] Category:Letter
MONTHYEARIR 05000461/20230042024-02-0202 February 2024 Integrated Inspection Report 05000461/2023004 ML23361A1572024-01-24024 January 2024 Audit Plan in Support of Review of License Amendment Request Regarding Revision of Technical Specifications Related to Reactor Water Cleanup Isolation ML24004A0792024-01-18018 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0041 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) IR 05000461/20234022023-12-27027 December 2023 Security Baseline Inspection Report 05000461/2023402 ML23305A1402023-12-13013 December 2023 Units 1 & 2; Nine Mile Point, Unit 2; Peach Bottom, Units 2 & 3; and Quad Cities, Units 1 and 2 - Issuance of Amendments to Adopt Traveler TSTF-580 IR 05000461/20235012023-12-0505 December 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000461/2023501 ML23284A2512023-11-22022 November 2023 Amendment No. 250 to Adopt TSTF-332 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums IR 05000461/20230032023-11-0808 November 2023 Integrated Inspection Report 05000461/2023003 ML22300A2212023-11-0202 November 2023 Preliminary Decommissioning Cost Estimate and Fuel Management Plan 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 IR 05000461/20233012023-09-12012 September 2023 NRC Initial License Examination Report 05000461/2023301 RS-23-090, Annual Report of Emergency Core Cooling System Evaluation Model Changes and Errors for Clinton Power Station2023-09-0707 September 2023 Annual Report of Emergency Core Cooling System Evaluation Model Changes and Errors for Clinton Power Station RS-23-080, Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs2023-08-30030 August 2023 Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs IR 05000461/20234202023-08-29029 August 2023 Security Baseline Inspection Report 05000461/2023420 RS-23-081, Request for License Amendment to Revise Technical Specifications Related to Reactor Water Cleanup Isolation Instrumentation2023-08-21021 August 2023 Request for License Amendment to Revise Technical Specifications Related to Reactor Water Cleanup Isolation Instrumentation IR 05000461/20230022023-08-0404 August 2023 Integrated Inspection Report 05000461/2023002 RS-23-085, Supplemental Information Related to Request for Partial Site Release2023-08-0303 August 2023 Supplemental Information Related to Request for Partial Site Release ML23209A8102023-07-28028 July 2023 05000461; Notification of an NRC Biennial Licensed Operator Requalification Program Inspection and Request for Information ML23198A0152023-07-27027 July 2023 License Renewal Application Public Meeting Summary of Pre-Submittal Meeting ML23202A0992023-07-24024 July 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000461/2023004 ML23200A2592023-07-24024 July 2023 June 27, 2023, Clinton Power Station License Renewal Environmental Pre-application Public Meeting-Meeting Summary IR 05000461/20234012023-07-19019 July 2023 Cyber Security Inspection Report 05000461/2023401 ML23194A1662023-07-19019 July 2023 Supplemental Information Needed for Acceptance of Requested Licensing Action Request for Partial Site Release ML23191A8772023-07-11011 July 2023 Operator Licensing Examination Approval Clinton Power Station July 2023 ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III 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 RS-23-073, Request for Partial Site Release2023-06-0707 June 2023 Request for Partial Site Release IR 05000461/20230102023-05-26026 May 2023 Triennial Fire Protection Inspection Report 05000461/2023010 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 ML23143A3182023-05-23023 May 2023 Information Meeting (Open House) with a Question and Answer Session to Discuss NRC 2022 End-Of-Cycle Plant Performance Assessment of Clinton Power Station, Unit 1 IR 05000461/20230012023-05-0404 May 2023 Integrated Inspection Report 05000461/2023001 ML23118A3472023-05-0101 May 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Correction of Amendment No. 193 Adoption of TSTF-306, Revision 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration EPID L-2022-LLA-0143 ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI ML23081A0382023-04-25025 April 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Issuance of Amendments to Adopt TSTF-306, Rev. 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration ML23110A3202023-04-21021 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection 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 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 IR 05000461/20220062023-03-0101 March 2023 Annual Assessment Letter for Clinton Power Station, Unit 1 (Report 05000461/2022006) RS-23-039, Request for License Amendment to Revise Technical Specifications Section 3.8.3, Diesel Fuel Oil, Lube Oil, and Starting Air2023-03-0101 March 2023 Request for License Amendment to Revise Technical Specifications Section 3.8.3, Diesel Fuel Oil, Lube Oil, and Starting Air ML23031A2972023-03-0101 March 2023 Issuance of Amendment No. 248 Adoption of TSTF-269, Revision 2 RS-23-045, Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.2032023-02-28028 February 2023 Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.203 ML23039A1852023-02-10010 February 2023 Integrated Inspection Report 05000461/2022004 07201046/2022001 RS-23-003, Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-102023-01-31031 January 2023 Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-10 IR 05000461/20220112023-01-27027 January 2023 Biennial Problem Identification and Resolution Inspection Report 05000461/2022011 RS-23-002, Application to Adopt TSTF-332, ECCS Response Time Testing2023-01-13013 January 2023 Application to Adopt TSTF-332, ECCS Response Time Testing ML23005A0682023-01-0505 January 2023 Notification of NRC Fire Protection Team Inspection Request for Information: Inspection Report 05000461/2023010 ML22341A6042022-12-0808 December 2022 Confirmation of Initial License Examination IR 05000461/20224022022-12-0606 December 2022 Security Baseline Inspection Report 05000461/2022402 RS-22-126, Constellation Energy Generation, LLC - Request to Use Provisions of a Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI2022-11-30030 November 2022 Constellation Energy Generation, LLC - Request to Use Provisions of a Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI 2024-02-02
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August 13, 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:
CLINTON POWER STATION, UNIT 1 - EXEMPTION REQUEST FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL (EPID L-2020-LLE-0119) [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 Clinton Power Station, Unit 1 (Clinton). This action is in response to the Exelon Generation Company, LLC (Exelon) application dated July 23, 2020 (Agencywide Documents Access and Management System Accession No. ML20205L605 (non-public, withheld under 10 CFR 2.390)), that requested an exemption from 10 CFR Part 73, Appendix B, Section VI.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 these exercises 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 July 23, 2020, application stated the following:
Clinton 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 the 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 COVID-19 virus.
These restrictions are needed to ensure personnel are isolated from the COVID-19 virus and remain capable of maintaining plant security.
Clinton 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.
Clinton will ensure contingency response readiness of Security personnel not participating in an annual FOF exercise by conducting scenario-based evolutions
[that include] a lessons-learned review of a past exercise and completion of the FOF exercise, within the time period in this request, when isolation restrictions are ended.
Clinton will begin implementing COVID-19 PHE controls for managing personnel performing Security Program duties upon NRC approval of its request.
This temporary exemption will apply to Clinton security personnel who have previously demonstrated proficiency and are currently qualified in accordance with the requirements in 10 CFR Part 73, Appendix B, Section VI. Exelon stated that given the rigorous nature of the Clinton 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. Exelon requested that the duration of the exemption be in effect for 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 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 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.
B. Hanson 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 Clinton 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 in this request, the NRC staff has reasonable assurance that the security force at Clinton 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 annual FOF exercises place 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 exercise 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 Clinton, 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 exemption is 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 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 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 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.
B. Hanson 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 Clinton 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 Clinton project manager, Joel Wiebe, at 301-415-6606 or Joel.Wiebe@nrc.gov.
Sincerely, Digitally signed by Craig G. Craig G. Erlanger Date: 2020.08.13 Erlanger 07:26:12 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461 cc: Listserv
ML20209A000 *email concurrence OFFICE NRR/DORL/LPL3/PM* NRR/DORL/LPL3/LA* NSIR/DPCP/RSB/BC*
NAME JWiebe SRohrer (JBurkhardt for) ABowers DATE 7/27/20 7/27/20 8/6/20 OFFICE OGC - NLO* NRR/DORL/LPL3/BC* NRR/DORL/D*
NAME NSt.Amour NSalgado CErlanger DATE 8/7/20 8/11/20 8/13/20