RS-20-144, Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b

Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b

ML20328A292
Person / Time
Site:	LaSalle
Issue date:	11/23/2020
From:	Demetrius Murray Exelon Generation Co
To:	Document Control Desk
References
RS-20-144
Download: ML20328A292 (8)

Text

4300 Winfield Road Warrenville , IL 60555 Exelon Generation )

630 657 2000 Office 10 CFR 50 .12 RS-20-144 November 23, 2020 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 LaSalle County Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-11 and NPF-18 NRC Docket Nos. 50-373 and 50-374 and 72-70

Subject:

Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b

References:

1. Letter from Ho Nieh (U.S . NRC) to Jennifer Uhle (NEI),

Subject:

Addendum to the 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 (ADAMS Accession No. ML20223A152)

2. NRC RIS-2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24, 2006 (ADAMS Accession No. ML053390039)

In accordance with 10 CFR 50.12, "Specific exemptions," Exelon Generation Company, LLC (EGC), the licensee for LaSalle County Station (LSCS), is requesting U.S . Nuclear Regulatory Commission (NRC) approval of a one-time exemption from the requirements of 10 CFR 50 ,

Appendix E, "Emergency Planning and Preparedness for Production and Utilization Facilities,"

Section IV.F.2 .b. Specifically, EGC requests a one-time exemption for the evaluation of the onsite elements of the LSCS biennial Radiological Emergency Preparedness (REP) exercise.

This exemption is requested due to the continued precautions being undertaken by site personnel as a result of the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). The special circumstances of 10 CFR 50.12(a)(2)(ii) and 10 CFR 50 .12(a)(2)(v) are applicable to this request in accordance with Reference 2.

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, 2020, the Governor of the State of Illinois declared a state of emergency of the COVID-19 outbreak. 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

U.S. Nuclear Regulatory Commission November 23, 2020 Page 2 pandemic a national emergency. In response to these declarations, EGC has postponed some site activities due to isolation protocols (for example, social distancing, group size limitations, maximum telework, and self-quarantining), and also has considered the possibility of isolation of required station personnel to maintain necessary staffing levels. These controls do not allow adequate means to effectively implement an onsite exercise without risk to station personnel because this Emergency Preparedness (EP) exercise will require suspending these protocols.

Accordingly, EGC has determined that an exemption is needed from the LSCS biennial onsite REP requirements specified in 10 CFR Part 50, Appendix E, Section IV.F.2.b, as meeting these requirements would conflict with practices recommended by the Centers for Disease Control and Prevention (CDC) to limit the spread of COVID-19. Conducting the LSCS biennial onsite exercise in calendar year (CY) 2021, rather than CY 2020, places the exercise outside the required biennium. Consequently, EGC requests a one-time exemption to postpone its participation in the biennial onsite emergency preparedness exercise until CY 2021.

The attachment to this letter provides the detailed basis and justification for this exemption request and addresses the exemption requirements of 10 CFR 50.12 and the guidance criteria contained in Reference 1.

EGC requests approval of this exemption by December 31 , 2020, based on the requirements for biennial REP exercise participation expiring at the end of 2020 . This exemption request contains no new regulatory commitments.

Should you have any questions or require additional information , please contact Mr. Jason Taken at (630)-806-9804 .

Respectfully, Dwi Murray Sr. Manager - Licensing Exelon Generation Company, LLC

Attachment:

Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2 .b cc: NRC Regional Administrator- Region Ill NRC Senior Resident Inspector - LaSalle County Station NRC Project Manager, NRR - LaSalle County Station Illinois Emergency Management Agency - Division of Nuclear Safety

ATTACHMENT LaSalle County Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-11 and NPF-18 Docket Nos. 50-373 and 50-374 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b

ATTACHMENT Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b EXEMPTION REQUEST I. SPECIFIC EXEMPTION REQUEST In accordance with 10 CFR 50.12, "Specific exemptions," paragraphs (a)(1) and (a)(2)(v),

Exelon Generation Company (EGC), LLC is requesting U.S. Nuclear Regulatory Commission (NRC) approval of a one-time exemption from the requirements of 10 CFR 50, Appendix E, "Emergency Planning and Preparedness for Production and Utilization Facilities,"

Section IV.F.2 .b. Specifically, EGC is requesting a one-time exemption to certain onsite functions of the LaSalle County Station (LSCS) Radiological Emergency Preparedness (REP) biennial exercise that would have been performed as part of the exercise scheduled for November 17, 2020. This exemption is requested due to the continued precautions being undertaken by site personnel as a result of the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). The special circumstances of 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 (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24, 2006 (ML053390039). If the exemption is granted, the onsite activities are rescheduled for April 13, 2021.

10 CFR 50, Appendix E, Section IV.F.2.b stipulates the following:

2. The plan shall describe provisions for the conduct of emergency preparedness exercises as follows: Exercises shall test the adequacy of timing and content of implementing procedures and methods, test emergency equipment and communications networks, test the public alert and notification system, and ensure that emergency organization personnel are familiar with their duties.

b. Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years. Nuclear power reactor licensees shall submit exercise scenarios under§ 50.4 at least 60 days before use in an exercise required by this paragraph 2.b. The exercise may be included in the full participation biennial exercise required by paragraph 2. c. of this section. In addition, the licensee shall take actions necessary to ensure that adequate emergency response capabilities are maintained during the interval between biennial exercises by conducting drills, including at least one drill involving a combination of some of the principal functional areas of the licensee's onsite emergency response capabilities. The principal functional areas of emergency response include activities such as management and coordination of emergency response, accident assessment, event classification, notification of offsite authorities, assessment of the onsite and offsite impact of radiological releases, protective action recommendation development, protective action decision making, plant system repair and mitigative action implementation.

During these drills, activation of all of the licensee's emergency response facilities (Technical Support Center (TSC) , Operations Support Center (OSC) ,

and the Emergency Operations Facility (EOF)) would not be necessary, licensees would have the opportunity to consider accident management strategies, supervised instruction would be permitted, operating staff in all participating facilities would have the opportunity to resolve problems (success 1 of 5

ATTACHMENT Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b paths) rather than have controllers intervene, and the drills may focus on the onsite exercise training objectives.

The U.S. Department of Health and Human Services declared a PHE for the United States to aid the nation's healthcare community in responding to COVID-19. On March 9, 2020, the Governor of the State of Illinois issued the state of emergency declaration activating the disaster response and recovery aspects of the Illinois Emergency Response Plan. The World Health Organization characterized the COVID-19 outbreak as a pandemic on March 11, 2020 .

This request for a one-time exemption is consistent with the guidance specified in RIS 2006-03 for circumstances that make it impractical to conduct the scheduled onsite exercise as well as the September 2, 2020 addendum to the U.S. NRC Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for Power Reactor Licensees during the COVID-19 Public Health Emergency (ML20223A152).

II. BASIS FOR EXEMPTION REQUEST The criteria for granting specific exemptions from 10 CFR 50 regulations are stated in 10 CFR 50.12. In accordance with 10 CFR 50.12(a)(1), the NRC is authorized to grant an exemption upon determining that the 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.

Furthermore, as stated in 10 CFR 50.12(a)(2), special circumstances must exist for the NRC to consider granting an exemption. According to 10 CFR 50.12(a)(2)(iv), special circumstances are present whenever the exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from the granting of the exemption.

Specjal Cjrcymstances The COVID-19 PHE continues to create special circumstances surrounding performance of the onsite emergency plan requirements in accordance with 10 CFR 50, Appendix E, Section IV.F.2.b, including the increase in reported COVID-19 cases in the state of Illinois along with LSCS continuing efforts to maintain the Centers for Disease Control and Prevention (CDC) guidelines regarding social distancing and isolation. These special circumstances , in the interest of personnel health and safety along with nuclear safety, preclude LSCS from having onsite participation during its biennial REP exercise. The offsite emergency plan requirements in accordance with 10 CFR 50, Appendix E, Section IV.F.2.c were completed the week of November 16, 2020. Due to insufficient time left in calendar year (CY) 2020 and LSCS continuing COVID-19 mitigation efforts, rescheduling of the onsite portion of the REP to meet 10 CFR 50, Appendix E, Section IV.F.2.b requirements was unsuccessful.

Justification for the Exemption In accordance with 10 CFR 50.12(a)(1 ), the NRC may grant exemptions from certain requirements of the 10 CFR 50 regulations that are authorized by law, will not present undue risk to the public health and safety, and are consistent with the common defense and security.

1. This exemption request is authorized by law:

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ATTACHMENT Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b In accordance with 10 CFR 50.12(a)(1 ), the NRC may grant an exemption from the requirements of 10 CFR 50 if the exemption is authorized by law. The proposed exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by the exemption. The underlying purpose for conducting a biennial exercise is to test the adequacy of emergency plans, to ensure that emergency response organization personnel are familiar with their duties, and to identify and correct weaknesses. The activities performed during the last LSCS biennial exercise on August 7, 2018, along with out-of-sequence drills and training demonstrate that the underlying purpose of conducting an exercise with participation from state and county authorities has been maintained. Therefore, the proposed exemption will continue to serve the underlying purpose of the regulation .

2. This exemption request will not present an undue risk to the public health and safety:

Adequate emergency response capabilities have been maintained and demonstrated including satisfactory performance during the last LSCS biennial exercise on August 7, 2018 and through the conduct of out-of-sequence training and activities. Since the last biennial exercise in 2018 ,

LSCS has conducted a number of training drills, exercises, and other training activities that have involved actual and/or simulated interface with the onsite personnel and exercised LSCS emergency response strategies, in coordination with offsite authorities.

Exercises/Drills Since Last Biennial Exercise in 2018 Date Drills/Exercises 5/29/2019, 6/5/2019, Simulator/Technical Support Center (TSC)/ Operation Support 6/12/2019, 6/19/2019 Center (OSC) Focus Area Drill (FAD) 11/19/2019 Off-Year Exercise 10/25/2019, 512012020 Health Physics Drill 9/20/2018, 5/8/2019 ,

Health Physics/ Medical Emergency Drill 10/22/2020 10/31/2018, 11/7/2018, 11/13/2018, 1/16/2019, 1/24/2019, 4/16/2019, 10/16/2019, 10/23/2019, 10/30/2019, 1/15/2020 , OSC/TSC Focus Area Drill 1/23/2020, 1/27/2020, 8/4/2020, 8/18/2020 ,

8/27/2020 10/6/2020 LSCS Pre-Exercise 3 of 5

ATTACHMENT Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b Training In addition to exercises/drills performed since the last biennial exercise at LSCS, licensed operator training conducted dynamic scenarios evaluations in accordance with the requirements of TQ-AA-150, "Operator Training Programs."

3. This exemption request is consistent with the common defense and security:

This exemption requests NRC approval to defer onsite functions for LSCS into calendar year (CY) 2021 and completed no later than July 7, 2021. This deferral request is the result of the COVID-19 PHE and the specific circumstances impacting the State of Illinois since March 9, 2020, which directly impacts LSCS ability to complete the onsite biennial REP exercise. The proposed deferral aligns with the September 2, 2020 NRC letter to consider, on an expedited basis, requests for exemption from the 10 CFR 50, Appendix E, Section IV.F.2.b requirement for onsite biennial exercises due in CY 2020, with the next performance of the biennial exercise to be completed no later than the end of CY 2022 .

In accordance with to 10 CFR 50.12(a)(2), the NRC will consider granting an exemption from the requirements when special circumstances are present. This exemption request meets this requirement since special circumstances involving the state's and LSCS responses to the COVID-19 PHE remain present.

Additionally, consistent with the requirements of 10 CFR 50 .12(a)(2)(v), this exemption would provide only one-time relief from the 10 CFR 50, Appendix E, Section IV.F.2.b requirements.

Specifically, the exempted onsite functions for LSCS will be evaluated no later than July 7, 2021 .

Therefore, the common defense and security are not affected by this exemption request.

Ill. ENVIRONMENTAL ASSESSMENT EGC has determined that the requested exemption meets the categorical exclusion in 10 CFR 51.22(c)(25), as the requested licensing action is an exemption from the requirements of the Commission's regulations and (i) there is no significant hazards consideration; (ii) there is no significant changes in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; and (v) there is no significant increase in the potential for or consequences from radiological accidents.

Therefore, in accordance with 10 CFR 51 .22(b), no environmental assessment or environmental impact statement needs to be prepared in connection with the proposed exemption request.

If the requested exemption is approved by the NRC, certain onsite functions for LSCS not conducted on November 17, 2020 will be deferred to CY 2021 and completed no later than July 7, 2021. The specific date of conduct of these functions would not have an effect on the environment since any outdoor activity during an exercise is limited to minimal use of roads and highways. The proposed action would not significantly increase the probability or consequences of an accident, change the types or quantities of radiological effluents that may be released offsite, or result in a significant increase in public or occupational radiation exposure 4 of 5

ATTACHMENT Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.b since there would be no change to facility operations that could create a new accident or affect a previously analyzed accident or release path.

Since the proposed action would not have any adverse environmental effects, there are no alternatives necessary for reducing or avoiding adverse environmental effects. With regard to non-radiological impacts, no changes would be made to non-radiological plant effluents or activities that would adversely affect the environment. Therefore, no significant non-radiological impacts would be associated with the proposed action .

There are no federal permits, licenses, approvals or other entitlements which must be obtained in connection with the proposed action. The proposed action is not subject to any environmental quality standards or requirements imposed by federal , state, regional or local agencies having responsibility for environmental protection.

IV. CONCLUSION As demonstrated above, EGC considers that this one-time exemption request from the requirements of Section IV.F.2 .b of Appendix E to 10 CFR 50 to defer specific onsite emergency plan demonstrations to be completed no later than July 7, 2021, is in accordance with the criteria of 10 CFR 50.12 . Specifically, this 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. Also, special circumstances are present as set forth in 10 CFR 50.12(a)(2).

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