NRC-20-0072, Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic
| ML20317A203 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 11/12/2020 |
| From: | Peter Dietrich DTE Electric Company |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| NRC-20-0072 | |
| Download: ML20317A203 (15) | |
Text
Peter Dietrich Senior Vice President and Chief Nuclear Officer DTE Electric Company 6400 N. Dixie Highway, Newport, MI 48166 Tel: 734.586.4153 Fax: 734.586.1431 Email: peter.dietrich@dteenergy.com November 12, 2020 10 CFR 50.12 NRC-20-0072 10 CFR 50, Appendix E U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001 Fermi 2 Power Plant NRC Docket No. 50-341 NRC License No. NPF-43
Subject:
Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic In accordance with 10 CFR 50.12, Specific exemptions, DTE Electric Company (DTE) requests an exemption for Fermi Unit 2 (Fermi 2) from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c. Specifically, DTE requests a one-time schedular exemption to postpone the full-participation biennial emergency preparedness (EP) exercise until calendar year (CY) 2021.
On January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency (PHE) for the United States to aid the nations healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). On March 10, 2020, the Governor of the State of Michigan declared a state of emergency. In addition, on March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic and, on March 13, 2020, the President of the United States of America declared the COVID-19 pandemic a national emergency.
In response to these declarations and in accordance with the DTE corporate pandemic response plan, Fermi 2 has modified some site activities due to isolation activities (e.g., social distancing, group size limitations, self-quarantining, etc.) and also anticipates the possibility of isolation of required station personnel to maintain necessary staffing levels. These isolation activities have
References:
- 1) NRC Letter from H. Nieh and R. Lewis to NEI, U.S. Nuclear Regulatory Commission 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).
- 2) DTE letter NRC-20-0061, Submittal of 2020 Emergency Preparedness Exercise Scenario, dated October 14, 2020 (ML20288A710 &
USNRC NRC-20-0072 Page 2 resulted in the inability to complete the biennial EP exercise. In addition, the State of Michigan in Enclosure 2 along with Momoe and Wayne Counties in Enclosures 3 and 4, respectively, have communicated to DTE that they have concerns with supporting the Fe1mi 2 biennial EP exercise and maintaining protection of their staff during the current COVID-19 pandemic response.
Consequently, and consistent with Reference 1, DTE requests a one-time exemption to postpone the Fe1mi 2 full-participation biennial EP exercise that was originally scheduled for December 15, 2020 (Reference 2) until calendar year (CY) 2021. Enclosure 1 provides a detailed description and assessment of the proposed exemption.
DTE requests approval of this exemption request as soon as practicable but no later than December 31, 2020.
No new commitments are being made in this submittal.
Should you have any questions or require additional information, please contact Mr. Allen Mann, Manager-Radiological Emergency Response Preparedness, at ( 4) 852.
Peter Die *c Senior Vice President and Chief Nuclear Officer
Enclosures:
- 1. Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirement
- 2. Letter of Support from State of Michigan
- 3. Letter of Support from Momoe County
- 4. Letter of Supp01i from Wayne County cc: NRC Project Manager NRC Resident Office Regional Administrator, Region III Michigan Depaiiment of Environment, Great Lakes, and Energy to NRC-20-0072 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements to NRC-20-0072 Page 1 1.0
SUMMARY
DESCRIPTION In accordance with 10 CFR 50.12, Specific exemptions, paragraph (a)(2)(v), DTE Electric Company (DTE) requests an exemption from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c. Specifically, DTE requests a one-time schedular exemption to postpone the Fermi Unit 2 (Fermi 2) full-participation biennial emergency preparedness (EP) exercise until calendar year (CY) 2021.
This temporary exemption supports the 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 Coronavirus Disease 2019 (COVID-19) virus. These activities are needed to ensure DTE and supporting state and local government personnel are isolated from the COVID-19 virus and remain capable of executing the functions of the emergency response organization, as described in the Fermi 2 emergency plan, as well as other non-nuclear health and safety functions for the benefit of the public.
2.0 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.
The Fermi 2 CY 2020 biennial EP exercise with Offsite Response Organization (ORO) participation is currently scheduled for December 15, 2020. On November 5, 2020, Fermi 2 conducted a teleconference with representatives from the OROs, including State of Michigan along with Wayne County and Monroe County Emergency Management. During this call, concerns with supporting the biennial exercise and maintaining protection of offsite staff during the current COVID-19 pandemic response were expressed. Based on these concerns, the needed response to the pandemic, and the uncertainty of the future in this matter, the need to seek a one-time exemption regarding the CY 2020 exercise was determined to be the most appropriate action.
Enclosures 2, 3, and 4 are copies of letters received from the State of Michigan, Monroe County, and Wayne County, respectively, that endorse this exemption request and reflect that those organizations paramount focus is on pandemic response. The letters additionally indicate that pandemic response would not impact their ability to respond in the unlikely event of an actual radiological emergency at Fermi 2.
3.0 TECHNICAL JUSTIFICATION OFACCEPTABILITY The U.S. Centers for Disease Control (CDC) has issued recommendations advising social distancing to prevent the spread of the COVID-19 virus. DTE has implemented isolation to NRC-20-0072 Page 2 activities such as self-quarantining, group size limitations and social distancing to protect required site personnel. Ideally, this will limit the spread of the virus among the station staff.
Similar isolation activities are also needed to limit the spread of COVID-19 among off-site personnel, supporting state and local governments, so they remain capable of executing the functions of the emergency response organization, as described in the Fermi 2 emergency plan.
The most recent Fermi 2 biennial EP exercise was conducted on August 28, 2018. Since that time, DTE has conducted drills, exercises, and other training activities that exercised the Fermi 2 emergency response strategies, in coordination with offsite authorities, including full scale drills on May 21, 2019 and October 31, 2019.
The drills described above were full onsite participation drills, which included activation of all Fermi 2 emergency response facilities and at least partial participation by the State of Michigan along with Monroe and Wayne counties. DTE has also conducted 19 limited participation drills distributed amongst four emergency response organization teams since the last biennial EP exercise.
The CY 2020 biennial EP exercise at Fermi 2 is currently scheduled to be conducted on December 15, 2020. DTE has previously submitted the exercise scenario to the NRC as required by 10 CFR 50, Appendix E, Section IV.F.2.b, by DTE letter NRC-20-0061 on October 14, 2020.
DTE has made a reasonable effort to hold the exercise as originally planned or otherwise reschedule, but was unsuccessful. DTE has been conducting weekly teleconference calls with the State of Michigan along with Wayne County and Monroe County Emergency Management to discuss exercise preparations and to evaluate the request for an exemption. During the November 5, 2020, teleconference call, it was agreed upon by all parties that it was not feasible to schedule the exercise in CY 2020 due to uncertainty of COVID-19 isolation actions.
Therefore, an exemption from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is required to defer the December 15, 2020 biennial EP exercise until CY 2021.
The next biennial exercise is tentatively expected to occur in May 2021 and will be coordinated with the applicable OROs, the applicable Nuclear Regulatory Commission region, and the applicable Federal Emergency Management Agency region. To accommodate potential changes to this tentative schedule, DTE requests the schedular exemption to expire July 27, 2021 or when the required exercise is completed in CY 2021, whichever occurs first. This will allow the rescheduled CY 2020 exercise to be completed within 35 months from the previous exercise in CY 2018. If this exemption request is granted to allow DTE to conduct the CY 2020 biennial exercise in CY 2021, the subsequent exercise will take place as previously scheduled in CY 2022, such that future biennial exercises will continue to be held as planned in even years.
The OROs will maintain their current emergency plans and remain able to respond to an emergency during the pandemic. The exemption from participation in the exercise does not obviate the ability to respond should an actual emergency occur.
to NRC-20-0072 Page 3 4.0 JUSTIFICATION FOR EXEMPTION 10 CFR 50.12, Specific exemptions, states that the NRC may grant exemptions from the requirements of the regulations of this part provided three conditions are met. They are:
(1) The exemptions are authorized by law, (2) The exemptions will not present an undue risk to the public health and safety, and (3) The exemptions are consistent with the common defense and security.
In addition to these three conditions, paragraph (a)(2) of the regulation states that the NRC will not consider granting an exemption unless special circumstances are present. With respect to this request, 10 CFR 50.12(a)(2)(v) states that special circumstances are present whenever: The exemption would provide only temporary relief from the applicable regulation.
DTE has evaluated the requested exemption for Fermi 2 against the criteria of 10 CFR 50.12 and determined the criteria are satisfied as described below.
- 1. This exemption is authorized by law.
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. Granting of the request does not result in a violation of the Atomic Energy Act of 1954, as amended.
- 2. This exemption will not present an undue risk to the public health and safety.
The underlying purpose of 10 CFR 50 Appendix E, Section IV.F.2.b requiring licensees to conduct a biennial EP exercise is to ensure that ERO personnel are familiar with their duties and to test the adequacy of the emergency plan. In addition, 10 CFR 50 Appendix E, Section IV.F.2.b also requires licensees to maintain adequate emergency response capabilities during intervals between biennial EP exercises by conducting drills to exercise the principal functional areas of emergency response. As described above, DTE has conducted training drills exercising the principal functional areas of emergency response since the last evaluated biennial EP exercise and has activated onsite emergency response facilities during those drills with at least partial ORO participation.
The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.c requiring full participation by each offsite authority having a role under the radiological response plan to be exercised biennially is to ensure that ORO personnel are familiar with their duties and to test the adequacy of the emergency plan. As noted above, DTE has conducted training drills at Fermi 2 with ORO participation since the last biennial exercise with no performance issues. Drills are also scheduled for 2021 to exercise the ORO to ensure continued familiarity with duties and ability to respond during an emergency at Fermi 2. DTE considers the performance of the ORO to be at an acceptable level to satisfy the underlying purpose of the rule.
to NRC-20-0072 Page 4 Postponing the exercise from the previously scheduled date of December 15, 2020 does not create any new accident precursors. The probability and consequences of postulated accidents are not increased, and an acceptable level of EP is maintained. Therefore, there is no undue risk to public health and safety.
- 3. This exemption is consistent with the common defense and security.
The requested exemption would allow rescheduling of the biennial EP exercise from the previously scheduled date of December 15, 2020 to CY 2021. Prior to the implementation of isolation activities in response to COVID-19 pandemic conditions, DTE had scheduled the exercise to be completed within the specified frequency. However, the biennial exercise must be rescheduled to allow continued implementation of the DTE pandemic plan mitigation strategies.
These strategies serve the public interest by ensuring adequate staff isolation and maintaining the staff's health to perform their job function during the COVID-19 pandemic. The requested exemption will not endanger life or property or the common defense and security.
- 4. Special Circumstances: 10 CFR 50.12(a)(2)(v) - Temporary Relief and Good Faith Efforts to Comply The requested exemption to conduct the biennial EP exercise in CY 2021 instead of CY 2020 would grant only temporary relief from the applicable regulation. DTE had originally scheduled these activities to be completed within the required frequency, and thus comply with the regulation. However, these activities must be rescheduled to allow implementation of the DTE pandemic plan mitigation strategies. Prior to the implementation of isolation activities in response to COVID-19 pandemic conditions, DTE had successfully scheduled and completed these activities within the specified frequency.
5.0 PRECEDENT In a letter from Nebraska Public Power District to the NRC dated June 16, 2020, Cooper Nuclear Station requested a one-time exemption from the requirements of 10 CFR 50, Appendix E Section IV.F.2.b and IV.F.2.c to postpone the full-participation biennial EP exercise (ADAMS Accession No. ML20191A276). The Cooper Nuclear Station exemption request was approved on September 3, 2020 (ADAMS Accession No. ML20203M129).
In a letter from Pacific Gas and Electric Company to the NRC dated July 9, 2020, Diablo Canyon Units 1 and 2 requested a one-time exemption from the requirements of 10 CFR 50, Appendix E Section IV.F.2.b and IV.F.2.c to postpone the full-participation biennial EP exercise (ADAMS Accession No. ML20191A204). The Diablo Canyon exemption request was approved on September 18, 2020 (ADAMS Accession No. ML20247J651).
6.0 CONCLUSION
As demonstrated above, this exemption request is in accordance with the criteria of 10 CFR 50.12. Specifically, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. In to NRC-20-0072 Page 5 addition, the requested exemption provides temporary relief during the COVID-19 pandemic, and DTE has made good faith efforts to comply with the regulation.
7.0 ENVIRONMENTALASSESSMENT Due to the impact of isolation activities in response to the COVID-19 pandemic, DTE requests an exemption for Fermi 2 from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.b and IV.F.2.c. Specifically, DTE requests a one-time schedular exemption to postpone the full-participation biennial EP exercise for Fermi 2 until calendar year (CY) 2021.
DTE has determined that there is no significant hazards consideration; that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative public or occupational radiation exposure; that there is no significant construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. The requirements for which an exemption is being requested involve scheduling requirements for the biennial EP exercise. Accordingly, the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). In accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption.
8.0 REFERENCES
- 1. NRC letter from Mr. Ho. K. Nieh to Dr. Jennifer L. Uhle (NEI), U.S. Nuclear Regulatory Commission Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for all Licensees During the Coronavirus Disease 2019 Public Health Emergency, May 14, 2020 (ADAMS Accession No. ML20120A003).
- 2. NRC Office of Nuclear Security and Incident Response, NSIR Temporary Staff Guidance, TSG-NSIR-2020-01, COVID-19 Related Exemptions from NRC Regulations - Emergency Preparedness Exercises, September 11, 2020 (ADAMS Accession No. ML20196M030)
- 3. DTE letter NRC-20-0061, Submittal of 2020 Emergency Preparedness Exercise Scenario, dated October 14, 2020 (ML20288A710 & ML20288A711).
to NRC-20-0072 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 Letter of Support from State of Michigan
STATE OF MICHIGAN LANSING GRETCHEN WHITMER GOVERNOR DIRECTOR COVID-DEPARTMENT OF STATE POLICE November 9, 2020 Mr. Al Mann Fermi 2 Emergency Preparedness Manager DTE Energy Fermi 2, T AC2 R 29 6400 N Dixie Hwy Newport, Michigan 48166 Dear Mr. Mann COL. JOSEPH M. GASPER I am writing regarding the evaluated exercise at the Fermi 2 Nuclear Power Plant slated to take place on December 15, 2020. Capt. Kevin Sweeney, commander of the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) has requested FEMA grant a postponement of this evaluated exercise. The MSP/EMHSD, along with our state and local partners and Monroe and Wayne counties, stand ready to respond to an incident at any of its power plants. The planning and extra activities surrounding an evaluated exercise in December presents many challenges, such as the requirement of limited personnel in any single location and multiple training and evaluation platforms in place across the various agencies.
On March 10, 2020, Michigan Gov. Gretchen Whitmer declared a state of emergency in Michigan to address the COVID 19 pandemic. Governor Whitmer expanded her declaration to also include a state of disaster on April 1. The Michigan Department of Health and Human Services (MDHHS) issued an emergency order limiting indoor gathering sizes and requiring mask wearing on October 5. In addition to the federal Public Health and National emergencies declared on January 31 and March 13 respectively, President Trump declared a Major Disaster (DR 4494) for all parts of Michigan that is still ongoing.
The COVID 19 response continues for all levels of government across the state and especially in the Fermi 2 Nuclear Power Plant area. Overall, Michigan has been among the states hit hardest by COVID 19.
As of November 6, 197,806 19 cases, and tragically 7,470 deaths, have been recorded for the state. As November continues with universities and schools returning students to instruction, Michigan is experiencing increased COVID 19 cases. Analysis from the University of Michigan Schools of Information and Public Health specifically shows the region around the Fermi 2 Nuclear Power Plant currently at medium to high risk for spread, requiring increased vigilance and engagement of local and state officials. The uncertainty of COVID 19 leaves the future months in an unpredictable state.
The Michigan Department of Health and Human Services has implemented the requirement for gatherings of less than 10 people in our region. Due to this order and the risks involved with COVID 19, it is not safe at this time to assemble the required personnel for an exercise, as we have done in the past and planned for at the time this exercise was scheduled.
The MSP/EMHSD is currently developing a virtual response capability in Microsoft Teams.
It is being tested to work with the integrated drills and dry run exercises. Although it works well for the state partners, it has limitation with our local and utility partners. We are currently working diligently to get our local and utility partners accounts and familiarity with the virtual system.
EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION
- 7150 HARRIS DRIVE
- DIMONDALE, MICHIGAN 48821 MAILING ADDRESS
- P.O. BOX 30634
- 517 284 3745
D Mr. Al Mann Page2 November 9, 2020 MSP/EMHS and the counties of Monroe and Wayne supports and agrees with DTE's request for exemption of the 2020 exercise requirement and are committed to maintaining their radiological emergency plans and are not impacted in any manner that would adversely affect their ability to maintain response capability to support emergency response activities in the event of an actual nuclear power plant emergency.
Thank you for your consideration of Michigan's request during this difficult and unprecedented time.
Sincerely, Digitally signed by Tonya Tonya Nobach ~~~:~~20.11.101a:16:43
-05'00' Tonya Nobach Training, Exercise and Radiological Unit Manager Emergency Management and Homeland Security Division EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION
- 7150 HARRIS DRIVE
- DIMONDALE, MICHIGAN 48821 MAILING ADDRESS
- P.O. BOX 30634
- 517 284 3745 to NRC-20-0072 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 Letter of Support from Monroe County
Monroe County Emergency Management Division 987 S. Raisinville Road Monroe, Michigan 48161-9700 Telephone: 734.240.3135 Fax: 734.241.7136 November 6, 2020 Allen A. Mann Fermi 2 Emergency Preparedness Manager DTE Energy-Fermi2 TAC2 R-29 6400 N. Dixie Hwy Newport, Michigan 48166 RE: Support of DTE Energy Fermi 2 Exemption Request To Whom It May Concern Monroe County supports DTEs request to seek exemption from their 2020 offsite biennial exercise drill requirement conducted through FEMA Region V Graded Exercise, which was scheduled on December 15, 2020. The national COVID-19 pandemic response resulted in postponement of the scheduled drills as well as utilization of state and local emergency operations resources.
As one of the Offsite Response Organizations (ORO) for Monroe County Michigan and the DTE Energy Fermi 2 Nuclear Generating Station, the Monroe County Emergency Management Division has maintained coordination with DTE Fermi 2 and provides the following assurances to support DTE Energy Fermi 2 request for exemption:
Monroe County supports and agrees with DTE Energy Fermi 2s request for exemption of the 2020 exercise requirement and is committed to maintaining Monroe Countys Radiological Emergency Response Plans and Procedures.
Monroe County in not impacted in a manner that would adversely affect our ability to maintain response capabilities to support emergency operations for an actual nuclear power plant radiological emergency.
Sincerely, Mark A. Hammond, Director Monroe County Emergency Management to NRC-20-0072 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 Letter of Support from Wayne County
WAYNE COUNTY HOMELAND SECURITY
& EMERGENCY MANAGEMENT Date: November I 0, 2020 From: Tadarial J. Sturdivant, Director, Wayne County Department of Homeland Security and Emergency Management (WCDHSEM)
To whom it may concern, A FERMI 2 Nuclear power plant exercise was scheduled to take place this fall 2020 for Wayne County, for the FERMI 2 Power Plant. Related to the COVID-19 pandemic, Wayne County is concerned that the exercise will not be safely executed in the traditional manner at any time through the remainder of the year. Wayne County and all of its responding partners need to continue to take measures to restrict possible exposure. Currently, surge projections for the county are expected to hit us in the next few weeks. We are also likely to be overwhelmed as the start of the Influenza Season is approaching. It is predicted by experts that this will initiate the "second wave" of virus spread. Our goal is also to limit exposure to keep people healthy in the event that real radiological emergency activation is needed.
Wayne County is in agreement with FERMI 2's exemption request due to COVID-19.
WCDHSEM is committed to maintaining and reviewing the radiological plans and will continue to drill internally to prepare for any possible radiological event.
WCDHSEM has not been impacted in a manner that would adversely affect our ability to maintain response capabilities or to support emergency response activities during actual nuclear power plant radiological emergency.
a ana.
ur 1van, irec or Wayne County Homeland Security and Emergency Management