SBK-L-20144, Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic
| ML20329A205 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/23/2020 |
| From: | Browne K NextEra Energy Seabrook |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| SBK-L-20144 | |
| Download: ML20329A205 (6) | |
Text
NEXTera ENERGY e SEABROOK November 23, 2020 SBK-L-20144 10 CFR 73.5 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington , D.C. 20555-0001 RE : Seabrook Station Renewed Facility Operating License No. NPF-86 NRC Docket No. 50-443
Subject:
Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI , Subsection C.3.(1)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID 19 Pandemic
Reference:
NRC Letter, to NextEra Energy Seabrook, LLC - Seabrook Station , Unit No. 1 - Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, "General Criteria for Security Personnel, "
Section VI (EPID L-2020-LLE-0069 COVID- 19), June 8, 2020 (ADAMS Accession No. ML20143A273)
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 nation 's healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). On March 11 , 2020, the COVID-19 outbreak was characterized as a pandemic by the World Health Organization and, on March 13, 2020, President Donald Trump de-clared the Coronavirus (COVID-19) pandemic a national emergency. In addition , New Hampshire Gov-ernor declared a state of emergency on March 13th, 2020.
In response to these declarations, NextEra Energy Seabrook, LLC (NextEra) submitted and was granted a temporary exemption from 10 CFR 73, Appendix B, Section VI , Subsection C.3.(1)(1 ), regard-ing annual force-on-force (FOF) exercises for Seabrook Nuclear Plant Unit 1 (Seabrook) , reference AD-AMS Accession No. ML20143A273. The exemption was necessary to implement isolation protocols (e.g., social distancing, group size limitations, self-quarantining , etc.) which restrict activities associated with conducting annual FOF exercises in order to maintain a healthy workforce during the pandemic.
The approved temporary exemption expires December 31 , 2020. However, the PHE has not ended and continues to impact NextEra's ability to conduct annual FOF exercises. Because the temporary exemption expires December 31 , 2020, NextEra requests a one-time exemption from conducting the 2020 annual FOF exercises as required by 10 CFR 73, Append ix B,Section VI , Subsection C.3.(1)(1) .
This one-time exemption would supersede the currently authorized exemption requirement to complete the annual FOF exercises within 90 days after the PHE has ended, or by December 31, 2020, which-ever occurs first.
In the request for exemption NextEra Energy agreed to maintain a list of the names of the individuals who will not meet the requalification requirements and the dates of the last qualification and to ensure contingency response readiness of security personnel not participating in a quarterly drill or annual FOF exercise, or both, NextEra agreed to conduct the following scenario-based evolutions:
- Tabletop Exercise
- Communication based on past exercises
- Lessons Learned review from past exercises
- Walkdown of previous exercise routes of travel During the exemption period NextEra continues to support the isolation protocols necessary to protect essential site personnel. These restrictions are needed to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security. Seabrook is not be able to do this during the annual force on force exercises based on several factors. Those factors include the need to have controllers for each position required and briefings that need to take place with specific personnel in a group setting where social distancing would be unachievable. Another factor is the ability to social distance while in certain security positions and still have the ability to control the drill participants. An additional factor is the ability to have a sterile area as well as equipment. Normal drill evolutions require the need to pass off equipment to other drill participants. Cleaning the equipment before turnover would considerably hamper the ability to run a realistic exercise. For these reasons, Seabrook is submitting for this one-time exemption.
The proposed one-time exemption will apply specifically to the security personnel identified in the cur-rently approved exemption.
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.*..I Kenneth Browne Nuclear Safety Assurance and Learning Site Director NextEra Energy Seabrook, LLC
Attachment:
Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request 2
Attachment Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request 1.0
SUMMARY
DESCRIPTION NextEra requests a one-time exemption from conducting 2020 annual force-on-force (FOF) exercises as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1). This one-time exemption would supersede the agreement in the previously approved exemption to complete the exercises 90 days after the PHE has ended, or until December 31, 2020, whichever occurred first. Approval of this exemption will continue to support the isolation protocols necessary to protect essential site personnel.
These restrictions are needed to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security.
2.0 BACKGROUND
By letter dated June 8, 2020 (ADAMS Accession No. ML20143A273), the NRC approved a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) regarding annual FOF exer-cises for Seabrook. The exemption was in response to the COVID-19 public health emergency (PHE) and was necessary to implement isolation protocols (e.g., social distancing, group size limitations, self-quarantining, etc.) which restrict activities associated with conducting annual FOF exercises in order to maintain a healthy workforce during the pandemic. The approved temporary exemption expires Decem-ber 31, 2020.
EXEMPTION DETAILS In the request for exemption NextEra Energy - Seabrook Station agreed to maintain a list of the names of the individuals who will not meet the requalification requirements and will include the dates of the last qualification and will ensure contingency response readiness of security personnel not participating in a quarterly drill or annual FOF exercise, or both, by conducting the following scenario-based evolutions:
- Tabletop Exercise
- Communication based exercise
- Lessons Learned review from pas exercises
- Walkdown of previous exercise routes of travel At the time of submittal for the exemption request the duration of the PHE was discussed as "not cur-rently known," and therefore a commitment was added to complete the exercises 90 days after the PHE is ended, or that the temporary exemption would expire December 31, 2020, whichever occurs first.
However, the PHE has not ended and continues to impact Seabrook's ability to conduct annual FOF exercises. Because the temporary exemption expires December 31, 2020, NextEra requests a one-time exemption from conducting 2020 annual FOF exercises as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1). This one-time exemption would supersede the commitment in the previously approved exemption to complete the exercises 90 days after the PHE has ended, or until December 31, 2020, whichever occurred first. Approval of this exemption will continue to support the isolation protocols necessary to protect essential site personnel. These restrictions are needed to en-sure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant secu-rity.
The proposed one-time exemption will apply specifically to security personnel that the temporary ap-proved exemption applied.
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3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control (CDC) has issued recommendations advising "social distancing" to prevent the spread of the COVID-19 disease (Reference 1). At Seabrook, NextEra implemented iso-lation 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. This required Nex-tEra to request a temporary exemption from annual FOF exercises because these isolation protocols restrict certain activities associated with the conduct of annual FOF exercises. Maintaining a healthy workforce is preferable to having a sick workforce that is unavailable during a pandemic.
The proposed one-time exemption will apply specifically to security personnel that the temporary ap-proved exemption applied. Impacted security personnel continue to maintain proficiency with the knowledge, skills and abilities required to effectively implement the protective strategy to protect the station against the design basis threat as described in 10 CFR 73.1, Purpose and Scope, because Nex-tEra has continued to conduct the following training requalification requirements of Section VI. of Ap-pendix B to Part 73.
- Quarterly tactical response drills (Tabletop drills, Timeline drills, Limited-scope tactical response drills)
- Annual firearms familiarization (Completed)
- Annual daylight qualification course
- Annual night fire qualification course
- Annual tactical qualification course (Completed)
- On-the-job training (completed upon return from a leave of absence)
- Annual physical examination (scheduled to end of year and on track)
- Annual physical fitness test (scheduled to end of year and on track)
- Weapons range activity (4-month periodicity) (Completed)
- Annual written exam (Completed)
In addition, and in accordance with the approved temporary exemption, NextEra conducted tabletop exercises, reviewed lessons-learned of past exercises, communication drills and walkdowns of the routes of travel from past drills with all impacted security personnel. Therefore, NextEra continues to maintain a physical protection program that provides high assurance that the health and safety of the public will not be inimical to the common defense and security and does not constitute an unreasonable risk to the public health and safety.
4.0 JUSTIFICATION OF EXEMPTION 10 CFR 73.5, Specific exemptions, states that the Nuclear Regulatory Commission may grant exemp-tions 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 endanger life or property or the common defense and security, and (3) The exemptions are otherwise in the public interest.
NextEra has evaluated the requested exemption against the criteria of 10 CFR 73.5 and determined the criteria are satisfied as described below.
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- 1. This exemption is authorized by law The security training requalification requirements in Appendix B to Part 73 are not required by any stat-ute. 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 endanger life or property or the common defense and security The requested exemption will not endanger life or property or the common defense and security. The requested exemption is a one-time exemption. NextEra had scheduled these requalification activities to comply with the regulation. However, these activities must be exempted for the year 2020 to allow con-tinued implementation of the NextEra Energy pandemic plan mitigation strategies at Seabrook. These strategies serve the public interest by ensuring adequate staff isolation and maintaining staff health to perform their job functions during the COVID-19 pandemic.
The proposed exemption is related only to the conduct of annual FOF exercises and does not change physical security plans or the defensive strategy. Security personnel impacted by this request were qualified on all required tasks at the time of the PHE. Impacted security personnel continue to maintain proficiency with the knowledge, skills and abilities required to effectively implement the protective strat-egy to protect the station against the design basis threat because NextEra has continued to conduct other training requalification requirements as identified in section 3.0. In addition, security personnel will continue to be monitored regularly by supervisory personnel and have implemented controls as identi-fied in the approved temporary exemption. Therefore, granting the requested one-time exemption will not endanger or compromise the common defense or security, or safeguarding Seabrook Station.
- 3. This exemption is otherwise in the public interest NextEra Energy's pandemic response plan which recommends isolation strategies such as sequester-ing, use of super crews or minimum staffing as applicable as well as social distancing, group size limita-tions and self-quarantining, in an event of a pandemic, to prevent the spread of the virus to the plant.
Ensuring Seabrook is in operation during the pandemic will help to support the public need for reliable electricity supply to cope with the pandemic. As the US Departments of Homeland Security and Energy have stated in their guidance, the electric grid and nuclear plant operation make up the nation's critical infrastructure similar to the medical, food, communications, and other critical industries. If the plant op-eration is impacted because it cannot comply with the security training requalification requirements while isolation activities are in effect for essential crew members, the area electrical grid would lose this reliable source of baseload power. In addition, Seabrook personnel could face the added transient chal-lenge of shutting down the plant and possibly not restarting it until the pandemic passes. This does not serve the public interest in maintaining a safe and reliable supply of electricity.
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5.0 CONCLUSION
As demonstrated above, NextEra Energy Seabrook, LLC considers that this one-time exemption re-quest to be in accordance with the criteria of 10 CFR 73.5. Specifically, the requested exemption is au-thorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. A one-time exemption for the conduct of 2020 annual FOF exercises at Seabrook is required during and recovery from the COVID-19 Pandemic.
6.0 ENVIRONMENTAL ASSESSMENT NextEra is requesting a one-time exemption from the conduct of 2020 annual FOF exercises. Specifi-cally, NextEra is requesting a one-time exemption from the requirements of Section VI. C.3.(1)(1) of Ap-pendix B of Part 73, regarding the conduct of annual FOF exercises. The following information is pro-vided in support of an environmental assessment and finding of no significant impact for the proposed exemption.
Seabrook has determined 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 construc-tion impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requ irements for which an exemption is being requested involve security 2020 annual FOF exercise requirements. Accordingly, the proposed one-time exemption meets the eli-gibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51 .22(b),
no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption request.
7.0 REFERENCES
- 1. "Interim Guidance for Businesses and Employers", retrieved from https://www.cdc.gov/corona-virus/2019-ncov/community/guidance-business-response.html, on March 17, 2020.
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