ML20293A541
| ML20293A541 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/2020 |
| From: | Michael Mahoney NRC/NRR/DORL/LPL2-2 |
| To: | David Wrona Division of Operating Reactor Licensing |
| Mahohey, Michael | |
| Shared Package | |
| ML20293A539 | List: |
| References | |
| Download: ML20293A541 (7) | |
Text
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October 26, 2020 MEMORANDUM TO:
David J. Wrona Acting Deputy Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation FROM:
Michael Mahoney, Project Manager /RA/
Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
SUBJECT:
SUMMARY
OF OCTOBER 15, 2020, PUBLIC MEETING WITH NUCLEAR INDUSTRY TO DISCUSS POTENTIAL FUTURE LICENSING ISSUES TO ADDRESS THE COVID-19 PUBLIC HEALTH EMERGENCY BEYOND 2020 On October 15, 2020, the U.S. Nuclear Regulatory Commission (NRC) staff held a public teleconference with representatives from the nuclear industry, including the Nuclear Energy Institute (NEI), Entergy, and NextEra Energy, Inc (NextEra). The purpose of the meeting was to discuss with stakeholders potential future licensing issues to address the COVID-19 public health emergency (PHE) beyond 2020. The meeting notice can be found in Agencywide Documents Access and Management System (ADAMS) at Accession No. ML20269A175.
Additional meeting information can be found at ADAMS Accession Nos. ML20287A290, ML20283A707, and ML20287A432.
At the start of the meeting, the NRC staff stated that the meeting was an information gathering dialogue only, and as with all NRC public meetings, no regulatory decisions would be made.
Additionally, the NRC staff stated that none of the information provided in the meeting should be taken to be a request by any licensee or a decision by the NRC.
Ho Nieh, Director, Office of Nuclear Reactor Regulation (NRR), made opening remarks. The meeting was then turned over to NEI, Entergy, and NextEra to make opening remarks.
Following opening remarks, Ed Miller, project manager, Division of Operating Reactor Licensing, NRR, provided an overview of licensing issues to address the COVID-19 PHE going forward (ADAMS Accession No. ML20287A290). Items discussed included:
NRCs COVID-19 response approach for licensing requests:
o Coordination of activities across the agency o Tracking cumulative and potential synergistic effects of regulatory actions o Each action considered on a case-and situation-specific basis o Continued stakeholder engagement
Details in the following topical areas, including generalization of previous applications and outlook draft guidance for future requests:
o Title 10 of the Code of Federal Regulations (10 CFR) Part 26 - work hours o 10 CFR Part 50.55a - Owners activity reports o 10 CFR Part 55 - Operator requalification program and medical examinations o 10 CFR Part 20 - Respirator fit tests and medical evaluations o 10 CFR Part 50 - Fire protection requirements o 10 CFR Part 50 - Emergency plan biennial exercise o 10 CFR Part 73 - Security training and qualifications Overall guidance:
o NRC staff is currently working on a letter to address various topical areas.
o Licensees are to submit requests by the normal process.
o Licensees are to specifically address impacts of COVID-19.
Original requests were during a more homogenous environment of restrictions.
Varying levels of restrictions and their impacts are to be addressed.
Individual licensee situation and hardship need to be addressed.
Anthony Bowers, Chief, Reactor Security Branch, Division of Physical and Cyber Security Policy, Office of Nuclear Security and Incident Response, provided an update regarding 10 CFR Part 73, Appendix B, Section VI, Security Officer Training and Qualification Exemptions (ADAMS Accession No. ML20283A707). Items discussed included:
Industry request for additional relief due to COVID-19 PHE:
o On October 13, 2020 (ADAMS Accession No. ML20273A117), the NRC issued a letter as an addendum to the April 20, 2020, letter to provide guidance to power reactor licensees seeking exemption from annual licensee-conducted force-on-force (FOF) exercise requirements in 10 CFR Part 73, Appendix B, Section VI, Nuclear Power Reactor Training and Qualification Plan for Personnel Performing Security Program Duties, paragraphC.3(l)(1).
o Some licensees have expressed continued site-specific challenges with annual FOF exercise completion by December 31, 2020.
o Licensees are to refer to the above October 13, 2020, letter for additional requests for additional relief.
Details of the October 13, 2020, letter.
Moving into calendar year (CY) 2021:
o The NRC recognizes that licensees have reviewed their programs and developed methodologies and processes that allow them to protect their workforce while meeting applicable 10 CFR Part 73, Appendix B, Section VI regulatory requirements during the COVID-19 PHE.
o The NRC anticipates industry will be able to meet 10 CFR Part 73, Appendix B, Section VI regulatory requirements in CY 2021, including completion of annual exercises.
o 10 CFR Part 73, Appendix B, Section VI, Subsection A.7, and regulatory guidance provide licensees flexibility in the scheduling and conduct of annual requirements.
Implementation of annual FOF exercises during CY 2021:
o The annual FOF exercise enables the security force to gain experience in tactics, protective strategy, and assigned duties within the contingency response plan.
o 10 CFR Part 73, Appendix B, Section VI, Subsection A.7 annual requirements may be completed up to 3 months before or 3 months after the scheduled date.
o Regulatory Guide (RG) 5.75, Training and Qualification of Security Personnel at Nuclear Power Reactor Facilities, provides guidance on exercise conduct.
RG5.75 is one acceptable approach and not the only means of performing evolutions:
Simulations and Artificialities (Section 5.7)
Cautions and Restrictions (Section 5.8) o Recognize that circumstances associated with COVID-19 are dynamic.
Planning for CY 2021 annual exercises will be unique. Considerations may include leveraging guidance as a tool for planning.
o Benchmarking with licensees who have conducted annual exercises:
Compensatory measures for bullet-resistant enclosures.
Continued use of facial coverings where social distancing cannot be achieved.
Limit time spent in groups (e.g., perform safety briefings by individual study, small-group briefings).
Prepositioning of responders.
o Using increased artificialities and simulations as needed to improve margin of safety to protect against the spread of COVID-19.
NRC-conducted FOF exercises:
o Developing a plan for NRC-conducted FOF exercises for CY 2021.
Plan to transition from NRC Inspection Procedure 92707 to full-scope exercises.
Plan to leverage lessons learned to optimize safety protocols and identify opportunities to complete exercises with minimum number of participants.
Expect further public interactions in coming weeks.
John McKirgan, Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards (NMSS), provided an overview of COVID-19 regulatory impacts for the areas of fuel facilities and spent fuel storage.
John Hickman, project manager, Division of Decommissioning, Uranium Recovery, and Waste Programs, NMSS, provided an overview of COVID-19 regulatory impacts for the areas of decommissioning and uranium recovery.
Tom Basso of NEI led an industry presentation on input on actions to address COVID-19 exemptions (ADAMS Accession No. ML20287A432). Items discussed included:
Exemptions with limited further needs:
o 10 CFR Part 20 - Respiratory radiological protection o 10 CFR Part 55 - Operators license o 10 CFR Part 50.55a - Owners activity report
10 CFR Part 50.55a, Codes and standards o For CY 2020, licensees submitted requests for relief/alternatives for the fall 2020 refueling outages on an as-needed basis.
o For CY 2021, licensees anticipate similar requests for spring 2020 refueling outages if there is no appreciable improvement in health risk.
10 CFR Part 26 - Work-hour requirements:
o For CYs 2020 and 2021, licensees expect to submit requests for refueling outages through 2020 and into spring 2021.
o Consider reduction of maintenance worker days off from 6 to 4 to align with existing outage allowance.
o Clarity around the extent to which the 10 CFR Part 26 work-hour requirement exemptions can be used in pre-refueling outage activities.
10 CFR 50.48 - Fire brigade requirements:
o For CYs 2020 and 2021, licensees are to potentially submit exemptions for fire drills and extensions for annual training dependent on vendor availability.
o For CY 2021, live fire training requirements already can be extended through December 2021, contingent on licensees requests and NRC approval.
10 CFR Part 73 - Physical protection:
o For CY 2020, exemptions granted to licensees for elements of 10 CFR Part 73 Examples: annual exercise, range activity/weapon qualifications.
Licensees will not be required to make up 2020 annual exercises.
o For CY 2021, RG 5.75, Training and Qualification of Security Personnel at Nuclear Power Reactor Facilities, will be utilized to develop flexibility for what licensees can do to meet the annual exercise requirement without violating site-specific pandemic plans/restrictions:
Other exemptions for 10 CFR Part 73 requirements will be handled as needed.
o Anticipate full compliance:
Any options outside of RG 5.75 will require NRC approval.
During the public question and answer session, the NRC staff addressed questions on the following topics:
How does the NRC want licensees to document any artificialities or simulations implemented in an annual exercise due to COVID-19 precautions? Would it be acceptable to document the artificiality or simulation and basis for use in the exercise summary report or rollup report?
Inspection findings during the COVID-19 PHE.
Has the NRC denied any COVID-19 requests?
How many COVID-19 licensing actions received requests for additional information?
No regulatory decisions were made in the meeting.
Enclosure:
List of Attendees
ML20293A539 (Package)
ML20293A541 (Meeting Summary)
ML20269A175 (Meeting Notice)
- by e-mail OFFICE NRR/DORL/LPL2-2/PM*
NRR/DORL/LPL1/LA*
NRR/DORL/DD(A)* NRR/DORL/LPL2-2/PM*
NAME MMahoney LRonewicz DWrona MMahoney DATE 10/20/2020 10/19/2020 10/23/2020 10/26/2020
Enclosure LIST OF ATTENDEES OCTOBER 15, 2020, PUBLIC MEETING WITH NUCLEAR INDUSTRY POTENTIAL FUTURE LICENSING ISSUES TO ADDRESS THE COVID-19 PUBLIC HEALTH EMERGENCY BEYOND 2020 Name Organization Ho Nieh NRC/NRR Mirela Gavrilas NRC/NRR Craig Erlanger NRC/NRR Shana Helton NRC/NSIR Sabrina Atack NRC/NSIR Ed Miller NRC/NRR Michael Mahoney NRC/NRR Scott Burnell NRC/OPA Booma Venkataraman NRC/NRR Todd Keene NRC/NSIR Andrew Hon NRC/NRR Anthony Bowers NRC/NSIR Joshua Borromeo NRC/NRR Frederick Sullivan NRC/NSIR David Desaulniers NRC/NRR John McKirgan NRC/NMSS John Hickman NRC/NMSS James Danna NRC/NRR Robert Kahler NRC/NSIR Theresa Buchanan NRC/NRR David Garmon-Candelaria NRC/NRR Dante Johnson NRC/NSIR Charles Murray NRC/NSIR Tom Basso NEI Sue Perkins NEI Justin Wearne NEI Tim Riti NEI AJ Clore NEI Lisa Hogg NEI Marty Murphy Xcel Dave Gullott Exelon Shannon Rafferty-Czincila Exelon Cheryl Gayheart SNC Dave Mannai PSEG Nuclear Lance Sterling STPEG Arthur Zaremba Duke Ron Gaston Entergy Steve Catron NextEra Larry Nicholson Certrec Mike Callahan GSI Ron Reynolds Exelon Jana Bergman Scientech