ML20216A260

Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (COVID-19)

ML20216A260
Person / Time
Site:	Dresden
Issue date:	08/27/2020
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Bryan Hanson Exelon Generation Co
Haskell R
References
EPID L-2020-LLE-0123
Download: ML20216A260 (5)

Text

August 27, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO)

Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3 - EXEMPTION REQUEST FROM CERTAIN REQUIREMENTS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SECTION VI (EPID L-2020-LLE-0123

[COVID-19])

Dear Mr. Hanson:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has approved the 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 Dresden Nuclear Power Station, Units 2 and 3 (Dresden). This action is in response to the Exelon Generation Company, LLCs (Exelon or the licensee) application dated July 28, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20210M410 (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 the annual force-on-force (FOF) exercise at Dresden.

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.

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 application dated July 28, 2020, stated the following:

On March 9, 2020, the Governor of the State of Illinois issued a disaster proclamation in response to the spread of COVID-19 and imposed isolation and other restrictions throughout the State. Since that time, Exelon has implemented isolation restrictions and other precautions for the protection of Dresden site personnel.

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 Exelon will maintain a list of the names of individuals who will not meet the requalification requirements and will include the dates of the last qualification.

Exelon 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 past exercises.

Exelon will schedule and complete any missed FOF exercise within the time period in this request (i.e., 90 days after the PHE is ended or December 31, 2020, whichever occurs first) when isolation restrictions are ended.

Exelon will begin implementing COVID-19 PHE controls for managing personnel performing Security Program duties upon NRC approval of its July 28, 2020, exemption request.

This temporary exemption is specific to Dresden 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 because of the rigorous nature of the Dresden 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 identified site-specific COVID-19 PHE controls listed above that will be implemented at Dresden, 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 for 90 days after the PHE is ended, or until December 31, 2020, whichever occurs first, consistent with the NRC staffs letter dated April 20, 2020.

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application of any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR

B. Hanson Part 73 that 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 Dresden 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 this exemption and the controls Exelon will implement for the duration of the exemption, including conducting a lessons-learned review of past exercises, continuing to conduct required quarterly tactical response drills, and completing any missed annual FOF exercises within the time period for this exemption, the NRC staff has reasonable assurance that the security force at Dresden 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 requires significant staff support and 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 Dresden, 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

B. Hanson 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.

Conclusions Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, this 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 Dresden 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 Dresden project manager, Russell Haskell, at 301-415-1129 or e-mail at Russell.Haskell@nrc.gov.

Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.08.27 Erlanger 14:48:17 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-237 and 50-249 cc: Listserv

ML20216A260 *email concurrence OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA* NSIR/DPCP/RSB/BC*

NAME RHaskell (BPurnell for) SRohrer (JBurkhardt for) ABowers DATE 8/27/2020 8/4/2020 8/14/2020 OFFICE OGC - NLO* NRR/DORL/LPL3/BC* NRR/DORL/D*

NAME JMaltese NSalgado CErlanger DATE 8/20/2020 8/26/2020 8/27/2020