NG-20-0071, Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Evaluated Exercise Requirements Due to COVID-19 Pandemic

Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Evaluated Exercise Requirements Due to COVID-19 Pandemic

ML20266G292
Person / Time
Site:	Duane Arnold
Issue date:	09/22/2020
From:	Dean Curtland NextEra Energy Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NG-20-0071
Download: ML20266G292 (25)

Text

September 22, 2020 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket No. 50-331 Renewed Facility Operating License No. DPR-49 NG-20-0071

Subject:

Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Evaluated Exercise Requirements due to COVID-19 Pandemic Pursuant to 10 CFR 50.12(a)(1 ), NextEra Energy Duane Arnold, LLC (NEDA) is submitting this request for a one-time exemption from the requirements of 10 CFR 50, Appendix E,Section IV.F.2.b and IV.F.2.c for the Duane Arnold Energy Center (DAEC).

Specifically, NEDA is requesting a one-time schedular exemption from 10 CFR 50, Appendix E,Section IV.F.2.b to postpone the onsite biennial emergency preparedness exercise until 2021. Additionally, NEDA is requesting an exemption from the 10 CFR 50, Appendix E,Section IV.F.2.c requirement for the offsite biennial emergency preparedness exercise in 2020 with the next performance of the exercise to be no later than the end of 2022. Special circumstances 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are applicable to this request in accordance with "Regulatory Issue Summary 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements" (ML053390039).

On January 31, 2020, the U. S. Department of Health and Human Services declared a public health emergency for the United States to aid the nation's healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). On March 9, Iowa Governor Kim Reynolds issued the first Proclamation of Disaster Emergency; a Disaster Proclamation remains in effect in the state of Iowa. On March 11, 2020, the COVID-19 outbreak was characterized as a pandemic by the World Health Organization.

In response to these declarations, DAEC continues to implement its site pandemic plan which includes protective health measures such as social distancing, group size limitations, and self-quarantine. In addition, the State of Iowa Department of Homeland Security and Emergency Management informed DAEC that they were no longer able to support the upcoming biennial exercise, in the interest of protecting their staff, and state and local partners. The State's exemption request to FEMA is included as Attachment 1 to the Enclosure of this letter. The continuing threat of COVID-19 spread has resulted in uncertainty in our ability to safely conduct the full-participation biennial emergency NextEra Energy Duane Arnold, LLC 3277 DAEC Road, Palo, IA 52324

Document Control Desk NG-20-0071 Page 2 of 3 preparedness exercise during the 2020 calendar year.

Enclosed is the exemption request and the justification for the request. The request and justification are based on the guidance provided in NRC Letter from Ho K. Nieh and Robert Lewis, U. S. Nuclear Regulatory Commission, to Dr. Jennifer L. Uhle, Nuclear Energy Institute, "Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for All Licensees During the Coronavirus Disease 2019 Public Health Emergency," dated May 14, 2020 (ML20120A003). The NRC issued an addendum to that guidance in NRC letter from Ho K. Nieh, U. S. Nuclear Regulatory Commission, to Dr. Jennifer L. Uhle, Nuclear Energy Institute, "Addendum To U.S.

Nuclear Regulatory Commission Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for Power Reactor Licensees During the Coronavirus Disease 2019 Public Health Emergency," dated September 2, 2020 (ML20223A152).

Conducting the DAEC biennial onsite exercise in calendar year (CY) 2021, rather than CY2020, places the exercise outside the required biennium. Consequently, DAEC requests a schedular exemption from the requirement of 10 CFR 50, Appendix E,Section IV.F.2.b to postpone the onsite biennial emergency preparedness exercise until CY2021. Conducting the DAEC onsite biennial exercise in CY2021, also creates a special circumstance in that the DAEC permanently ceased power operation on August 10, 2020 (ML20240A067). This obviates the need to perform the drill scenario previously submitted to the NRC, as a non-public document, on February 13, 2020 (ML20049A063). As a result, NEDA will submit a new drill scenario, reflecting the permanently shut down condition at DAEC for use in the CY2021 onsite biennial evaluated exercise. The Enclosure and Attachment 2 provide reasonable assurance the NEDA onsite Emergency Response Organization can successfully respond if an event occurs at DAEC.

Conducting the next DAEC biennial offsite exercise in CY2022 places the exercise outside the required biennium. Consequently, DAEC requests an exemption from the 10 CFR 50, Appendix E,Section IV.F.2.c requirement for an offsite biennial exercise in CY2020, with the next performance of the exercise to be performed no later than the end of CY2022. The Enclosure and Attachment 3 provide reasonable assurance the Offsite Response Organizations can successfully respond if an event occurs at DAEC.

Similar requests have been made by the Nebraska Public Power District for Cooper Nuclear Station (ML20191A276), Pacific Gas & Electric for Diablo Canyon Power Plant (ML20191A204) and Entergy for Arkansas Nuclear One (ML20195A397). NEDA requests authorization by December 31, 2020, to avoid 10 CFR 50, Appendix E, non-compliance.

Should you have any questions, or desire additional information regarding this matter, please contact Mike Davis, Licensing Manager, at (319) 851-7032.

Document Control Desk NG-20-0071 Page 3 of 3 Dean Curtland Site Director NextEra Energy Duane Arnold, LLC

Enclosure:

Exemption Request from 10 CFR 50, Appendix E, Biennial Emergency Preparation Exercise Requirements.

cc:

Regional Administrator, USNRC, Region Ill Project Manager (NRC-NRR)

NRC Resident Inspector (DAEC)

ENCLOSURE to NG-20-0071 REQUEST FOR EXEMPTION FROM 10 CFR 50, APPENDIX E, BIENNIAL EMERGENCY PREPARDNESS EXERCISE REQUIREMENTS 7 pages follow

Enclosure to NG-20-0071 Page 1 of 7 REQUEST FOR EXEMPTION FROM 10 CFR 50, APPENDIX E, BIENNIAL EMERGENCY PREPARDNESS EXERCISE REQUIREMENTS

1. REQUEST FOR EXEMPTION Pursuant to 10 CFR 50.12, "Specific exemptions," NextEra Energy Duane Arnold, LLC (NEDA), requests a one-time exemption from the requirements of 10 CFR 50, Appendix E,Section IV.F.2.b and IV.F.2.c for the Duane Arnold Energy Center (DAEC). The exemption would allow a one-time schedular exemption from 10 CFR 50, Appendix E,Section IV.F.2.b to postpone the onsite biennial emergency preparedness exercise until 2021 and a one-time exemption from 10 CFR 50, Appendix E,Section IV.F.2.c to allow the next performance of the offsite biennial emergency preparedness exercise by the end of 2022.

This one-time exemption to allow DAEC to conduct the onsite biennial EP exercise in calendar year CY2021 and the offsite EP exercise in CY2022 supports continued implementation of the isolation activities (e.g., social distancing, group size limitations, self-quarantining, etc.) to protect required emergency response organization (ERO) personnel in response to the ongoing Coronavirus Disease 2019 (COVID-19) pandemic.

These activities are needed to ensure ERO personnel are isolated from the COVID-19 virus and remain capable of executing the functions of the ERO, as described in the DAEC Emergency Plan.

2. BACKGROUND 10 CFR 50, Appendix E,Section IV.F.2.b states, "Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years." 10 CFR 50, Appendix E,Section IV.F.2.c states, "Offsite plans for each site shall be exercised biennially with full participation by each offsite authority having a role under the radiological response plan. Where the offsite authority has a role under a radiological response plan for more than one site, it shall fully participate in one exercise every two years and shall, at least, partially participate in other offsite plan exercises in this period."

DAEC has made reasonable attempts to hold the full-participation exercise of the emergency plan. The DAEC full-participation drill originally scheduled for April 15, 2020, was postponed to September 2, 2020 due to the PHE. The September 2, 2020 drill was also postponed as a result of the derecho that impacted Iowa on August 10, 2020. The derecho is discussed in detail later in this Enclosure.

By letter dated July 10, 2020, the State of Iowa Department of Homeland Security and Emergency Management submitted an exemption request to the Region VII FEMA-DHS Administrator requesting relief from the biennial exercise frequency requirements for DAEC due to hardship caused by the ongoing response efforts for the COVID-19 pandemic. The letter is included as Attachment 1 to this enclosure.

Enclosure to NG-20-0071 Page 2 of 7 Due to the continuing uncertainty of the course of the COVID-19 pandemic, NEDA proposes postponing the onsite evaluated exercise to the third quarter of 2021 and rescheduling the full-participation offsite exercise to 2022.

Conducting the DAEC onsite biennial exercise in CY2021 also creates a special circumstance in that the DAEC permanently ceased power operation on August 10, 2020. This obviates the need to perform the drill scenario previously submitted to the NRC, as a non-public document, on February 13, 2020 (ML20049A063). As a result, NEDA will submit a new drill scenario, reflecting the permanently shut down condition at DAEC for use in, and at least 60 days prior, to the CY2021 onsite evaluated exercise.

3. TECHNICAL EVALUATION The U.S. Centers for Disease Control (CDC) has issued recommendations advising "social distancing" to prevent the spread of the COVID-19 Virus. DAEC and the State of Iowa have implemented pandemic plans which include social distancing, group size limitations and self-quarantine. Ideally, this would limit the spread of the virus among the station staff and offsite personnel. NEDA has considered the impact of the pandemic on our ERO, the OROs, and our state and county partners and has enacted several measures to ensure our readiness to respond to an event at the DAEC. Those measures include implementing virtual communications with offsite public information officers, moving monthly meetings to virtual instead of face to face and making physical changes to the Emergency Response Facilities to maintain social distancing as well as providing PPE such as masks and hand sanitizer, and increased cleaning.

DAEC's last biennial EP exercise was conducted May 15, 2018. DAEC has conducted drills, exercises, and other training activities with respect to its emergency response strategies, in coordination with offsite authorities since the last biennial exercise.

Basis for Exemption from 10 CFR 50, Appendix E,Section IV.F.2.b DAEC's last exercised its onsite emergency preparedness plan on March 4, 2020 and

• currently has an onsite-only drill exercise scheduled for September 23, 2020. The DAEC ERO has implemented safety measures and drill modifications that will significantly reduce the likelihood of COVID-19 spread, while still allowing the ERO Teams to participate and gain proficiency in the key skills needed to maintain their ERO position. These skills are tracked via objectives and critiqued after every drill or tabletop exercise. Tracking of our ERO participation and varying the participants for the ERO drills enables us to provide that training to the entire ERO over the course of a drill cycle. Based on critiques and gaps in performance, additional training needs are identified and provided to ensure gaps are closed. Currently, personnel participate in one or more full-scale drills per year, either as an ERO participant or as a controller.

This enables the ERO to remain fresh in their roles and able to respond to any emergency. Therefore, the onsite ERO will remain adequately prepared during the extended period between the May 2018 onsite evaluated exercise and the CY2021 onsite evaluated exercise.

Enclosure to NG-20-0071 Page 3 of 7 Additionally, ERO training occurs for the Operations Department on a routine basis within their Licensed Operator continuing training (LOCT) program. This blend of operations training with the ERO drill component ensures that the crew key skills of event mitigation, classification and notification are practiced on a regular basis.

Therefore, these skills will be retained during the extended period between the May 2018 onsite evaluated exercise and the CY2021 onsite evaluated exercise. provides a list of training that has occurred since the last biennial evaluated onsite exercise in 2018 which will ensure our onsite ERO is fully prepared to respond to an event at DAEC. NEDA understands that future onsite biennial exercises at DAEC will continue to be held in even years. Completion of the evaluated exercise in 2021 will continue to require the biennial onsite exercise to occur in 2022.

Basis for Exemption from 10 CFR 50, Appendix E,Section IV.F.2.c contains the July 10, 2020 letter to the Department of Homeland Security

- Federal Emergency Management Agency (FEMA), Region VII, in which the State of Iowa requested relief from the biennial exercise requirements. The request for relief was due to the hardship and safety concerns caused by the response efforts to the COVID-19 pandemic. Additionally, Benton, Linn, Johnson, and Marshall counties were impacted by the August 10, 2020 derecho event with catastrophic damaging winds ranging from 100 to 140 miles per hour resulting in significant damage to hou*sing, business, public facilities, and widespread electrical distribution system damages. As a result, the exercise scheduled for September 2, 2020 has been postponed. The OROs are currently focusing their time and resources on responding to these crises and protecting the health and safety of the public and their respective staff. contains an agreement between the OR Os indicating they concur with the DAEC exemption request to postpone the next evaluated exercise of the offsite emergency preparedness plan to 2022. In a letter dated August 27, 2020, NEDA certified that the DAEC permanently ceased power operation on August 10, 2020 (ML20240A067). Consequently, the risk to public safety is significantly reduced.

Considering the current pandemic and derecho challenges the OROs are facing, and the reduced risk posed by the permanently shut down DAEC, it is reasonable to postpone the biennial offsite exercise until 2022. This request is consistent with the supplemental guidance provided in the September 2, 2020 NRC letter.

The OROs also agree that they will maintain emergency preparedness during the extended period between evaluated exercises. The OROs have committed to continued planning and training as follows, "Response plans and procedures will continue to be reviewed annually and updated as needed, annual training will be offered and delivered, and public information materials will be review annually and updated." As such, the OROs will remain fully prepared to respond to an event at DAEC.

Enclosure to NG-20-0071 Page 4 of 7

4. REGULATORY EVALUATION 10 CFR 50.12(a), "Specific exemptions," states:

(a) The Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are (1) Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

(2) The Commission will not consider granting an exemption unless special circumstances are present.

(1) Proposed exemption is authorized by law, presents no undue risk to the public health or safety, and is consistent with the common defense and security.

10 CFR 50.12 was issued by the NRC under the authority granted to it pursuant to the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 197 4 (88 Stat. 1242), to provide for the licensing of production and utilization facilities. Section 50.12 allows the NRC to grant specific exemptions from the requirements of 10 CFR 50. The biennial EP exercise for the emergency response organization specified in 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is not required by any statute. The requested exemption is authorized by law in that no law precludes the activities covered by this exemption request.

The underlying purpose of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c, requiring licensees to conduct a biennial exercise of the onsite and offsite emergency plan is to ensure that emergency response organization personnel offsite response organizations (OROs) are familiar with their duties and to test the adequacy of the emergency plan. In addition, 10 CFR 50, Appendix E Sections IV.F.2.b and IV.F.2.c also require licensees and to maintain adequate emergency response capabilities during intervals between biennial exercises by conducting drills to exercise the principal functional areas of emergency response.

NEDA has conducted training and drills that have exercised the principle functional areas of emergency response since the last evaluated biennial exercise of the onsite emergency plan and has activated all onsite emergency response facilities during those drills, with ORO participation. NEDA considers that these measures will maintain an acceptable level of emergency preparedness during the exemption period in order to satisfy the underlying purpose of the rule.

There have been no physical changes to the DAEC. Therefore, this requested exemption does not create any new accident precursors and the probability and consequences of postulated accidents are not increased.

As discussed earlier, DAEC will maintain emergency preparedness of its onsite ERO; therefore, postponing the biennial exercise of the onsite emergency plan will not pose an undue risk to public health and safety.

Enclosure to NG-20-0071 Page 5 of 7 As discussed earlier, the OROs will maintain emergency preparedness; therefore, postponing the biennial exercise of the offsite emergency plan to 2022 will not pose an undue risk to public health and ~afety.

The proposed exemption would allow rescheduling of the onsite portion of the biennial EP exercise from CY2020, to CY2021 and postponing the offsite portion of the biennial EP exercise to CY2022. This change to the emergency plan exercise schedule has no relation to security issues. The common defense and security are not impacted by this exemption.

(2) Special Circumstances Under 10 CFR 50.12(a)(2) there is a list of special circumstances for which the NRC will consider for granting an exemption. In this request, 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are the applicable special circumstances.

10 CFR 50.12(a)(2)(ii) states:

Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule; or 10 CFR 50.12(a)(2)(v) states:

The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation.

On January 31, 2020, the U. S. Department of Health and Human Services declared a public health emergency for the United States to aid the nation's healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). On March 9, Iowa Governor Kim Reynolds issued the first Proclamation of Disaster Emergency, a Disaster Proclamation remains in effect in the state of Iowa. On March 11, 2020, the COVID-19 outbreak was characterized as a pandemic by the World Health Organization. In response to these declarations, the State of Iowa Department of Homeland Security and Emergency Management informed DAEC that they were no longer able to support the upcoming biennial exercise, in the interest of protecting their staff, and state and local partners. Similarly, the continuing threat of COVID-19 spread has resulted in uncertainty in our ability to safely conduct an exercise of the onsite emergency plan at this time.

COVID-19 spread among the Emergency Response Organization personnel during an exercise of the emergency plan could result in a reduction in the number of healthy individuals available to perform ERO duties and therefore, does not meet the underlying purpose of the rule.

In addition to the threat of COVI D-19 spread, the state of Iowa experienced a derecho on August 10 that caused widespread damage which significantly impacted the OR Os.

The proposed exemption is a one-time request to allow rescheduling of the onsite portion of the biennial EP exercise from CY2020, to CY2021. After the completion of the

Enclosure to NG-20-0071 Page 6 of 7 onsite portion of the exercise in CY2021, the DAEC schedule for exercises of the onsite emergency plan will return to the previous schedule to conduct the exercises in even years. This will result in conducting the next scheduled biennial exercise in CY2022.

The proposed exemption also requests a one-time postponement of the offsite portion of the biennial EP exercise to CY2022. To accommodate the scheduling of the exercises, the NRC has allowed licensees the flexibility to schedule their exercises at any time during the biennial calendar year. This provides a 13 to 35-month window to schedule exercises while still meeting the biennial requirement. The changes in the exercise schedule discussed above increases the interval between biennial exercises and does result in the 35-month window being exceeded. Despite the extended interval between exercises, NEDA will maintain readiness of onsite ERO as previously discussed and offsite OROs have committed to taking action to maintain readiness.

Conducting the DAEC biennial exercise in CY2021 also creates a special circumstance in that the DAEC permanently ceased power operation on August 10, 2020 (ML20240A067). This obviates the need to perform the drill scenario previously submitted to the NRC, as a non-public document, on February 13, 2020 (ML20049A063). As a result, NEDA will submit a new drill scenario, reflecting the permanently shut down condition at DAEC for use in the CY2021 evaluated exercise.

5. ENVIRONMENTAL CONSIDERATION The proposed exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25). A review of this request has determined that the proposed exemption does not involve:

(i) a significant hazards consideration, (ii) a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite, (iii) a significant increase in individual or cumulative occupational radiation exposure, (iv) a construction impact; (v) an accident initiator therefore there is no significant increase in the potential for or consequences from radiological accidents.

Further, the requirements from which an exemption is sought involve:

(C) Inspection or surveillance requirements, and (G) Scheduling requirements.

Enclosure to NG-20-0071 Page 7 of 7 Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.

6.

SUMMARY

In conclusion, NEDA requests approval for exempting DAEC from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c for the biennial EP exercise. As discussed previously, this exemption has low nuclear safety significance, will not pose an undue risk to public health and safety, and is consistent with the common defense and security.

NEDA requests authorization by December 31, 2020, in order to avoid potential non-compliance with the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c. : Letter to FEMA from State of Iowa : Onsite ERO Activities to Maintain Preparedness : Offsite ORO Concurrence with Exemption and List of Training Activities to Enclosure of NG-20-0071 Letter to FEMA from State of Iowa 5 pages follow

KIM REYNOLDS GOVERNOR ADAM GREGG LT. GOVERNOR July 10, 2020 Mr. Paul Taylor Regional Administrator DHS-FEMA Region VII 11224 Holmes Road Kansas City, MO 64131

Dear Mr. Taylor,

STATE OF IOWA IOWA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT V. JOYCE FLINN, HOMELAND SECURITY ADVISOR AND EMERGENCY MANAGEMENT DIRECI'OR Iowa is requesting relief from the FEMA Radiological Emergency Preparedness (REP) biennial exercise frequency requirements for the Duane Arnold Energy Center (DAEC) and the Quad Cities Generating Station (QCGS) due to hardship caused by the response efforts to the COVID-19 pandemic. As a result of the ongoing response to the COVID-19 pandemic, the emergency preparedness off-site response organizations (ORO's) that support DAEC including, Benton, Buchanan, Johnson, Linn, Marshall, and Scott counties, and the those that support QCGS including Clinton and Scott counties, as well as the State of Iowa have been greatly impacted. The previous QCGS REP evaluated exercise was held on December 4, 2018, and the next exercise is scheduled for August 11, 2020. The previous DAEC REP evaluated exercise was held on May 15, 2018, and the next exercise is scheduled for September 2, 2020.

The response to the COVID-19 pandemic has been unprecedented. On March 9, 2020 Governor Kim Reynolds issued the first Proclamation of Disaster Emergency activating the disaster response and recovery aspects of the Iowa Department of Homeland Security and Emergency Management's Iowa Emergency Response Plan and those additional response plans applicable to all of Iowa's 99 counties.

The Proclamation authorized the use and deployment of all available resources, supplies, equipment, and material as are reasonably necessary to assist the citizens of Iowa. Since the COVID-19 pandemic was first detected, over 32,800 lowan's have tested positive, and there have been 739 deaths. Iowa has implemented a very aggressive testing program with over 350,000 Iowans tested for COVID-19.

The Iowa State Emergency Operations Center (SEOC) and the County Emergency Operations Centers have been activated responding to the pandemic for over four months. First responders, health care workers, state and county officials, and volunteers, and have been taking actions to protect the health and safety of Iowans by taking the following measures:

Implementing COVID-19 testing and contract tracing Providing personal protective equipment (PPE) to local and state jurisdictions. Currently there have been over 1500 missions for distr.ibution of PPE Setting limitations on public gatherings Implementing social distancing policies 7900 HICKMAN ROAD I SUITE 500 I WINDSOR HEIGHTS, IOWA 50324 / 515-725-3231 http://www.homelandsecurily.iowa.gov

School closures Non-essential business closures Implementing these measures has been demanding on the ORO's. All organizations have been working tremendous hours coordinating emergency response measures. Specifically, first responders and hospital staff have been doing an extraordinary job in providing health care services to their communities. Although these individuals are unwavering in protecting the citizens of their communities, there is a systemic fatigue present among the ORO's. Given the potential of ongoing impacts from the COVID-19 pandemic, coupled with the current increase in the number of cases which poses a significant risk for community spread of COVID-19, I believe conducting full-scale exercises for DAEC and QCGS during this pandemic would not only add a burden to the over-taxed ORO's, but could put exercise participants at risk of contracting COVID-19.

Iowa has also seen civil unrest across the state to include violent protests, vandalism, and violence towards law enforcement. Two individuals were fatally shot, and a police officer was wounded as shooting and property destruction occurred in Scott County. These incidents have been another operational impact to the emergency responders.

To further aid you in making a determination on our request for relief from exercise demonstration, I want to highlight the continuous success and achievements of the Iowa REP program. I believe these measures will provide FEMA reasonable assurance that Iowa can protect the public health and safety if a radiological emergency were to occur at the DAEC or QCGS nuclear power plants.

1. The success and high standards of the Iowa REP Program have been demonstrated to FEMA during recent evaluated exercises. FEMA has determined no deficiencies have been identified that would impact the capability to protect the health and safety of citizens that llve within the emergency planning zones of the DAEC or QCGS nuclear power plants. Iowa is recognized as a leader within the REP community, demonstrating innovative practices and successful operation of the program through frequent presentations at various professional organizations, i.e.

National Radiological Emergency Preparedness Conference, the Conference of Radiation Control Program Directors, and the Health Physics Society. Iowa continues to have a high level of radiological emergency preparedness. The Iowa REP program has a depth of knowledge with an experienced offsite response organizations. Many individuals have over 25 years of involvement and expertise in radiological emergency preparedness at both the county and state level.

2.

Iowa has developed and implemented an Enhanced Exercise Initiative (EEi) to improve collaboration between offsite response organizations and *FEMA. The EEi Is a collaborative departure from the traditional FEMA-only evaluation of REP exercises and places a greater emphasis on the ORO to self-identify, document and openly critique their own performance; as well as provide FEMA opportunities to shed light on the all hazards, whole government concepts the REP program provides. The EEi seeks to transform the exercise component of the REP program into one of greater federal, state, local, tribal, and private sector partnership and to foster continuous improvement for the betterment of the REP program as a whole. Iowa has conducted several exercises using the EEi successfully at both QCGS and DAEC.

3.

Iowa has a Type-1 Radiological Operations Support Specialist (ROSS). The ROSS program is a means for local health physicists and other personnel with radiological knowledge to support radiological response operations in an emergency. The ROSS can assist response organizations in interpretation and application of data products, provide just in time training to responders, provide tools and resources to facilitate response activities, and put radiological risks in perspective for an incident. The Iowa ROSS representative has provided support and training to several states (most recently Arizona and Michigan) during drills for nuclear detonation response and RadResponder implementation. The Iowa ROSS representative continually coordinates with the ROSS and dose assessment community to develop new training opportunities. The ROSS representative then shared those developed resources with Iowa's dose assessment team to support and implement best practices for Iowa REP's protective action recommendation and protective action decision planning.

4.

Recently my office completed a capability assessment of the ORO's for the State of Iowa, DAEC, and the QCGS. This assessment provided assurance to FEMA that during the current COVID-19 pandemic, the State of Iowa continues to have the ability to competently operate response facilities, communications systems, and alert and notification systems. Currently Iowa has in place the following compensatory actions related to the Iowa REP Program for response to a nuclear power plant incident while community mitigation and social distancing measures are required:

Shelter in Place as the most effective public protective action to a release exceeding EPA Protective Action Guidelines.

Hospitals and nursing homes should be directed to preferentially shelter in place as the preferred protective action. Evacuation of critical populations in hospitals and nursing home should not be considered for doses less than SO rem or implemented until projected dose exceeds 100 rem.

In the event of a radiological release, the Emergency Response Joint Information Center should clearly articulate the difference between shelter in place and stay at home or shelter in place orders issued for COVID-19 pandemic mitigation.

The Iowa radiological response organization will maximize remote capabilities to reduce the risk for transmission of COVID-19 and the subsequent impact to radiological assessment capabilities with the following compensatory actions:

o Only the Iowa Department of Public Health (IDPH) Dose Assessment Lead and IDPH Plant Liaison/EROS will report to the SEOC o

Offsite Dose Assessment will be conducted remotely o

Field Teams will deploy with one member when possible and will employ source control equipment practices when multiple team members are necessary o

Field Monitoring Team Coordinators response will be conducted remotely

5.

Every year my office submits to FEMA an Annual Letter of Certification, which outlines actions and provides concurrence that all requisite activities have been undertaken or completed, as appropriate, by the Iowa ORO's. Iowa certifies and documents that all items listed below are accomplished:

Certification of 24-hour staffing Public Education and Information Emergency Facilities and Equipment Exercises to test all major elements conducted Drills conducted Radiological Emergency Response Training conducted Plan, procedures, and letters of agreements are current and have been reviewed with appropriate changes made Alert and Notification testing and capability

6.

In the first few months of 2020, and prior to COVID-19 Impacting Iowa, several REP preparedness events were conducted, including:

An Ingestion Pathway Workshop provided training to radiological monitoring and sampling teams. FEMA representatives attended this workshop and provided staff assistance in the delivery of this training.

In preparation for the DAEC 2020 exercise, Iowa fully participated in the March 4, 2020 dress rehearsal exercise. FEMA representatives did observe at this exercise in Linn County, Benton County, Iowa Radiological Field Team Coordination, Iowa Radiological Field Teams, as well as the 211 Call Center. The feedback from FEMA included comments such as" Excellent Leadership", "Command and Control was concise, effective and EOC briefings were thorough", "Excellent demonstration by the Field Team Coordinator, "Kudos for making sure the field teams always had an exit route",

"Outstanding job by United Way of Central Iowa demonstrating rumor control and handling of calls to 211". "The staff was very engaged throughout, with call center supervisor directly engaged." FEMA also provided suggestions for improvement.

Linn and Benton Counties updated the DAEC off-site transportation plan.

Linn and Benton Counties conducted annual training for their emergency operations center responders.

Linn and Benton Counties updated their Emergency Alert System message database.

Annual training was conducted for the Iowa City Fire Department.

The State of Iowa conducted annual training for SEOC responders.

Emergency response training was provided to Scott County transportation providers.

Monthly communications/notification tests were conducted with both DAEC and QCGS.

Monthly REP coordination meetings were conducted in support of DAEC with utility, state and local officials.

Quarterly REP coordination meetings were conducted in support of QCGS with utility, state and local officials.

7.

Iowa can validate for FEMA how several of the exercise criteria that are typically demonstrated during a REP exercise at both the state and county level were implemented during the COVID-19 pandemic and civil unrest response. If needed, my staff can provide detailed documentation that these real world events can meet REP evaluation criteria to Include:

o Mobilization of emergency response personnel and activation of facilities o

Direction and control by key personnel and leadership o

Emergency response coordination between state and local jurisdictions o

Communications systems were established, maintained, and operable o

Traffic Control and directional changes o

Protective actions for persons with access/function needs, specifically schools and daycare centers Emergency Information and instructions for the public and news media Notification to the public for emergency protective measures Transportation of patients Long term housing, sheltering, feeding and medical screening of patients My office has coordinated with the Benton, Clinton, Linn, and Scott County emergency management officials, the Iowa Department of Public Health, the Iowa State Hygienic Laboratory, as well as the NextEra Energy and Exelon Generation in providing this information to request relief from demonstrating the DAEC and QCGS 2020 REP exercises.

Thank you for your consideration of this request. If you, or your staff, require additional information to assist you In making your decision to grant Iowa relief from conducting the 2020 biennial REP exercises with DAEC and QCG_S, please do not hesitate to contact me, or Jeremy Sroka, the Iowa REP Program Manager, at 515-323-4324 or at leremy.sroka@lowa.gov.

'tth -.

V.J~~Fr. J;iMW Director to Enclosure of NG-20-0071 Onsite ERO Activities to Maintain Preparedness 2 pages follow

The following is a list of training and drill activities that NextEra Energy Duane Arnold, LLC has undertaken, since the last Biennial Evaluated Exercise, to maintain proficiency of the onsite emergency response organization. Also included are activities currently scheduled in 2020 and 2021.

2018 5-15-2018 - Biennial Evaluated Exercise, full DAEC Emergency Response Organization (ERO) participation 7-11-2018 - 18TD1 tabletop drill, Technical Support Center (TSC) and Emergency Operating Facility (EOF) key decision makers 7-18-2018 - 18TD1 training drill full scale, full DAEC ERO participation 7-19-2018 - Onsite Medical drill, DAEC Medical fire brigade 11-12-2018 - Emergency Action Level (EAL) training DAEC ERO 11-28-2018 - 18TD2 tabletop drill, TSC and EOF key decision makers 11-2018 - Emergency Management Guidelines (EMG) Training with tabletop exercises for EMG Decision Makers, EMG Evaluators and EMG Implementors 12-5-2018-18TD2 training drill full scale, full DAEC ERO participation Various position-specific tabletops for quals for Joint Information Center (JIC) Manager, Operations Support Center (OSC) Health Physics (HP) Supervisor (3)

Weekly muster calls for ERO duty team which includes operating experience training and Emergency Preparedness (EP) Fundamentals Multiple EAL classification/notification opportunities for the Control Room Crews during Licensed Operator continuing training (LOCT) Cycles A and B.

2019 1-31-2019-Revision 5 to Revision 6 EAL training, DAEC ERO 2-11-2019-JIC Re-Organization training, DAEC ERO 3-06-2019-19TD1 tabletop drill, TSC and EOF ERO Key Decision Makers 3-13-2019 - 19TD1 training drill, full DAEC ERO and partial participation of the Offsite Response Organizations (OROs) 5-15-2019 - 19TD2 tabletop drill, TSC and EOF Key decision makers 5-22-2019 - 19TD2 DAEC full scale training drill, partial participation by State and County OROs 7-16-2019-DAEC FLEX (NRC Order EA-12-049) Overview training 8-21-2019-190YEX tabletop drill, TSC and EOF Key Decision Makers 8-28-2019 - 190YEX DAEC off-year Full Scale Evaluated Exercise, full participation by the State and Country OROs 10-02-2019 - Radiological Assessment Coordinator (RAC) and Radiological EOF Manager training, DAEC ERO 10-09-2019 - 19TD3 training drill full participation by DAEC ERO, partial participation by the State and Country OROs 10-16-2019 - Onsite Medical drill, DAEC Medical fire brigade 10-21-2019 - Training of Protective Action Recommendations (PAR), DAEC ERO 12-13-2019 - Severe Accident Guidelines (SAG) training, DAEC ERO 12-13-2019 - Emergency Management Guideline Training, DAEC ERO

Various position specific tabletop drills for ERO for OSC HP Supervisor, Site Radiation Protection Coordinator, multiple Technical and Analysis Engineers and multiple Control Room Supervisors Weekly muster calls for ERO duty team which includes operating experience training and EP Fundamentals Multiple EAL classification/notification opportunities for the Control Room Crews during LOCT Cycles A through E LOCT Cycle E - Training on Severe Accident Management Procedure (SAMP) 716, "Initial Response Extensive Damage Mitigation Guideline" 2020 3-04-2020 - DAEC ERO full scale drill, full ERO and ORO participation 7-7-2020- DAEC FLEX (NRC Order EA-12-049) Overview training 8-5-2020 - Post-Defuel E-Plan training with OSC and TSC 8-5-2020 - Post Defuel E-Plan training with Tech I Engineering Supervisors Weekly muster calls for ERO duty team which includes operating experience training and EP Fundamentals EAL classification/notification opportunities for the Control Room Crews during LOCT 03 2020 - MIDAS (dose projection) training with all selected Non-Certified Operators (NCOs)

Field team lead training for all selected NCOs Shift communicator training for all selected NCOs Fire Brigade Leader and requalification training for all selected NCOs Certified Fuel Handler (CFH) training, including E-plan requirements CFH loss of fuel pool training with EALs CFH loss of shutdown cooling/fuel handling event with EALs LOCT 03 with EALs in simulator ERO position specific qualification training for post-defuel job familiarization guides 9-23-2020 - DAEC ERO drill 2021 21TD1 - 02 2021 ERO training drill PAR training 01 2021 21EX-03 2021 biennial exercise CFH continuing training based on performance needs Post-Zirconium Fire EAL training 02 2021 In summary, DAEC continues to provide sufficient training and exercise opportunities to onsite ERO such that proficiency of ERO personnel will be maintained until the next NRC evaluated exercise in CY 2021.

to Enclosure of NG-20-0071 Offsite ORO Concurrence with Exemption and List of Training Activities 4 pages follow

CONCURRENCE WITH NEXTERA ENERGY DUANE ARNOLD REQUEST TO THE NUCLEAR REGULATORY COMMISSION TO EXEMPT OFFSITE RESPONSE ORGANIZATIONS FROM THE REQUIREMENT TO PARTICIPATE IN BIANNUAL EXERCISE PURSUANT TO 10 CFR 50, APPENDIX E, SECTION IV.F.2.c.

Benton and Linn County Emergency Management Agencies, the State of Iowa Homeland Security and Emergency Management1 and the Iowa Department of Public Health, Bureau of Radiological Health (Offsite Partners) concur with NextEra Energy Duane Arnold (DAEC) request for an exemption to Section IV.F.2.c of 10 CFR Part 50, Appendix E, that requires offsite plans for each site to be exercised biennially with full participation by each offsite authority having a role under the plan.

On July 10, 2020 the State of Iowa requested relief from the biennial exercise requirements to the Department of Homeland Security M Federal Emergency Management Agency (FEMA), Region VII Office. The request for relief was due to significant hardship and public safety concerns caused by the response efforts to the COVID"19 pandemic. As a result of the ongoing response to the COVID~19 pandemic, the emergency preparedness off-site response organizations (ORO' s) that support DAEC including Benton and Linn counties (risk counties), and Buchanan, Johnson, Marshall, and Scott counties (host Counties) as well as the State of Iowa have been greatly Impacted. The previous DAEC REP evaluated exercise was held on May 15, 2018, and the next exercise was scheduled for September 2, 2020 but has been postponed due to Impacts of the August 10, 2020 derecho event. Benton, Linn, Johnson, and Marshall counties were severely Impacted by.

the event with catastrophic damaging winds ranging from 100 to 140 MPH resulting in significant damages to housing, business, public facilities, and wide spread electrical distribution system damages. In addition, the cooling towers at DAEC were significantly damaged and the company Is notifying the NRC that the decommissioning process has begun as power will no longer be generated.

The Offsite Partners are currently focusing their time and resources on responding to these crises and protecting the health and safety of the public, Including their respective staff. As DAEC Is no longer generating power and Is starting the decommissioning process, risk to the public Is significantly reduced.

The Offslte Partners will continue their commitment for maintaining emergency preparedness to respond to an event at DAEC. Response plans and procedures will continue to be reviewed annually and updated as needed, annually training will be offereq and delivered, and public Information materials will be review annually and updated. Attached Is a summary of training and drills that have occurred in the last 16 months which demonstrates the Offslte Partners commitment to maintaining emergency preparedness.

Based upon the Information provided, the Offslte Partners aclmowledge and concur with DAEC's request for relief from Section IV.F.2.c of 10 CFR Part 50, Appendix E.

CONCURRENCE:

Date Steve Konel<, Coordinator Linn County Emergency Management Date 1

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8/26/2020 Angela Lee(, Bureau Chief of Radiological Health Date Iowa Department of Public Health f-

State DAEC OFFSITE PARTNERS DEMONSTRATION OF EMERGENCY PREPAREDNESS TORESPONDTOANEVENTATDAEC Partial Listing of Training Delivered, Plans/Procedures Updated over last 16 months April 22, 2019 EAL and DAEC Tour Aug. 9, 2019 Forward Command Training Oct. 1, 2019 Radiological Emergency Response Training in the SEOC Oct. 9, 2019 DAEC Training Drill 3 March 6, 2020 EAL Training in the SEOC March 3, 2020 DAEC Dress Rehearsal August 2020 Exelon evaluated exercise Risk and Host Counties April 22, 2019 EAL and DAEC Tour April 25, 2019 Johnson County reception center walk through with 68 participants and 14 boy scouts acting as evacuees.

April 27, 2019 Johnson County Reception Center Walk Through July 23, 2019 MS1 Training with Area Ambulance Aug. 7, 2019 MS1 Training with UIHC Aug. 7, 2019 MS1 Dress Rehearsal with UIHC and Area Ambulance Sept. 19, 2019 Monitoring/Decontamination Training with Hill Fire Department Oct. 9, 2019 DAEC Training Drill 3 Oct. 21, 22, 23, 2019 Monitoring/Decontamination Training with Marshall County Fire Departments Oct. 23, 2019 Marshall County Reception Center Walk Through Nov. 20, 2019 EAS training with National Weather Service, Davenport Oct. 23, 2019 Area Fire Command Catastrophic Fire Plan Nov. 11, 2019 REP Plan review and training with Hinzman Center Nov. 24, 2019 Monitoring/Decontamination Training with Buchanan County Fire Departments Nov. 26, 2019 Buchanan County Reception Center Walk Through Jan. 15, 2020 review of Johnson County SOG Update and Feb. 11, 2020 Johnson County SOG finalized and printed.

Feb. 13, 2020 training with Iowa City Fire Dept. I HazMat Team with 20 participants. Bureau of Radiological Health lead training, supported by DAEC and Johnson County EMA Feb. 18, 2020 Linn County EOC and WebEOC Training Feb. 18, 2020 training with Johnson County Ham Rads with 10 participants March 3, 2020 DR Linn County - 54 responders, representing 28 entities.

March 2, 2020 DR and EOC Training Benton County - 28 responders March 6, 2020 EAL training in the SEOC 1

March 3, 2020 DAEC Dress Rehearsal (all locations including both EAS stations and the new 211 Call Center location participated in the full scale exercise March 11, 2020 materials inventoried, and updated SOGs put into books being stored at the Johnson County Fairgrounds Plans/Procedures Review and Update Nov. 6, 2019 Meeting held with stakeholders to review and update the EPZ Transportation Plan for Evacuation Nov. 14, 2019 final meeting held with stakeholders and Linn County GIS stafUo review and concur with updates to the EPZ Transportation Plan. Mayor change was the inclusion of new traffic and access points driven by the Highway 100 By-Pass completion.

Jan. 30, 2020 delivery of*updated 2019 EPZ Transportation Plan and Boards Feb. 4, 2020 working meeting with Benton and Linn County EMAs to update EAS database based on 2020 school, daycare, and group data reports March 2020 Evacuation Time Estimate Study annual review completed and KLD Report Update March 2020 Risk/Host County/State Plans are updated, approved, and distributed East Central Iowa 211 Call Center Oct. 14, 2019 meeting with stakeholders on transition of Call Center from HACAP in Hiawatha, IA to Central Iowa Call Center in Des Moines, IA Nov. 12, 2019 Meeting with current and new 211 Call Center Partners Dec.11, 2019 training with East Central Iowa 211 Call Center staff, administrator, and IT director Jan. 21, 2020 training with East Central Iowa 211 Call Center Staff, 3 in attendance Jan. 28, 2020 reviewed 211 Center Resource book for updates Feb. 6, 2020 training with East Central Iowa 211 Call Center Staff, 3 in attendance, using draft update to 211 Center Resource book Feb. 10, 2020 211 Center Resource book final review and approvals for updates 2