SBK-L-20146, One-Time Exemption Request for the Biennial Emergency Preparedness Exercise Requirements of 10 CFR 50, Appendix E. IV.F.2.b and IV.F.2.c
| ML20338A493 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/03/2020 |
| From: | Browne K NextEra Energy Seabrook |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| SBK-L-20146 | |
| Download: ML20338A493 (19) | |
Text
NEXTera ENERGY ~
SEABROOK 10 CFR 50.12 SBK-L-20146 December 03, 2020 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington DC 20555-0001 Seabrook Station Docket No. 50-443 Renewed Facility Operating License No. NPF-86 Seabrook Station One-Time Exemption Request for the Biennial Emergency Preparedness Exercise Requirements of 10 CFR 50, Appendix E. IV.F.2.b and IV.F.2.c
Reference:
- 1. 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. 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, September 2, 2020 (ADAMS Accession No. ML20223A152)
Pursuant to 10 CFR 50.12 , NextEra Energy Seabrook, LLC (NextEra) requests one-time exemptions from the requirements of Section IV.F.2.b and Section IV.F.2.c of 10 CFR 50, Appendix E, "Emergency Planning and Preparedness for Production and Utilization Facilities ," for Seabrook Nuclear Plant Unit 1 (Seabrook) .
Specifically, NextEra requests for calendar year (CY) 2020 , one-time exemptions from the Section IV.F.2.b requirement to conduct an exercise of the Seabrook onsite emergency plan every 2 years and from the Section IV.F.2 .c requirement to conduct a biennial exercise with the full participation of each offsite authority having a role under the plan. The threat of the Coronavirus Disease 2019 (COVID-19) spread has resulted in the inability to safely conduct the Radiological Emergency Preparedness (REP) exercise at Seabrook in CY 2020 . In addition , NextEra was notified by the affected offsite response organizations (OROs) of their decision to defer participation in the REP exercise activities for December 2020 exercise. The one-time exemptions from Section IV.F.2.b and Section IV.F.2.c of 10 CFR 50, Append ix E, are needed to support continued implementation of public health measures at Seabrook which protect emergency response organization (ERO) personnel from the spread of the virus while allowing the OR Os to continue their focus on essential COVID-19 public health emergency (PHE) response efforts . NextEra proposes to defer to CY 2021 the Section IV.F.2 .b requirement to conduct the onsite emergency plan biennial exercise and defer to CY 2022 the Section IV.F.2.c requirement to conduct a biennial exercise with full ORO participation .
The enclosure to this letter provides the bases for the one-time exemption requests consistent with 10 CFR 50.12 and the regulatory guidance provided in References 1 and 2. Attachment 1 to the enclosure contains the bases for the Section IV.F.2.b exemption request. Attachment 2 contains the bases for the Section IV.F.2.c exemption request. Attachment 3 contains copies of the correspondence from the State of New Hampshire and the Commonwealth of Massachusetts to NextEra concerning the ORO agreement with the NextEra biennial exercise exemption request due to the COVID-19 PHE .
NextEra requests approval of these one-time exemptions by December 31 , 2020, based on the requirements for biennial EP exercise participation expiring at the end of CY 2020 .
Nex!Era Energy Seabrook, LLC P.O. Box 300 , Lafayette Road , Seabrook, NH 03874
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Page 2 of 2 This letter contains no new or revised regulatory commitments.
Should you have any questions regarding this submission, please contact Mr. Kenneth L. Browne, Nuclear Safety Assurance and Learning Site Director, at 603-773-7589.
Ken owne Nuclear Safety Assurance and Learning Site Director NextEra Energy Seabrook, LLC Enclosure cc: USNRC Region I Administrator USNRC Project Manager USNRC Senior Resident Inspector Director Homeland Security and Emergency Management New Hampshire Department of Safety Division of Homeland Security and Emergency Management Bureau of Emergency Management 33 Hazen Drive Concord, NH 03305 Director Emergency Management Agency The Commonwealth of Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399
Enclosure to SBK-L-20146 One-Time Exemption Request for the Biennial Emergency Preparedness Exercise Requirements of 10 CFR 50, Appendix E, IV.F.2.b and IV.F.2.c
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page1of16 ATTACHMENT 1 REQUEST ONE-TIME EXEMPTION REQUEST FOR 10 CFR 50, APPENDIX E, SECTION IV.F.2.B 1.0
SUMMARY
DESCRIPTION NextEra Energy Seabrook, LLC (NextEra) requests a one-time exemption from the 10 CFR 50, Appendix E, Section IV.F.2.b requirement to conduct an exercise of the Seabrook Station Unit 1 (Seabrook) onsite emergency plan every 2 years. The one-time exemption is needed to support continued implementation of public health measures (for example, social distancing, group size limitations, remote working, etc.) taken at Seabrook which protect emergency response organization (ERO) personnel during the COVID-19 public health emergency (PHE). By participating in Radiological Emergency Preparedness (REP) exercises with the current rapidly increasing growth in the rate of COVID-19 infections in the towns and communities in Southern NH, near Seabrook Station in Rockingham County New Hampshire, and northern Massachusetts (Reference 8.3 and Reference 8.4), exposes additional COVID-19 risk to Emergency Response Organization personnel participating in the exercise. NextEra proposes to defer the Section IV.F.2.b requirement to conduct the onsite emergency plan biennial exercise from calendar year (CY) 2020 to CY 2021.
2.0 BACKGROUND
10 CFR 50, Appendix E, Section IV.F.2.b, states the following, Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years.
Since the start of the COVID-19 PHE, NextEra has implemented public health measures at Seabrook, such as social distancing and group size limitations, which protect personnel essential to the safe operation of the facility. In Reference 8.1, the NRC issued guidance for receiving expedited review of exemption requests relating to Title 1O of the Code of Federal Regulations (10 CFR) requirements for full participation biennial exercises during the COVID-19 PHE. In the regulatory guidance, the NRC acknowledged the significant resources required to schedule, perform and evaluate biennial exercises, including the participation of NRC and FEMA evaluators, and that limitations on the availability of those resources could require an exercise currently scheduled in CY 2020 to be postponed. For these same reasons, NextEra requests a one-time exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.b for CY 2020.
3.0 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. As stated in 10 CFR 50.12 (a)(2), special circumstances must exist for the NRC to consider granting an exemption. In accordance with 10 CFR 50.12(a)(2)(iv), special circumstances are present when 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.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 2of16 ATTACHMENT 1 In Reference 8.2, the U.S. Centers for Disease Control (CDC) issued recommendations advising "social distancing" to reduce the spread of the COVID-19 Virus. In response, NextEra implemented self-quarantining, group size limitations and social distancing at Seabrook to protect essential personnel and assure safe operation of the facility. The requested exemption supports the continued implementation of the isolation activities during the COVID-19 PHE.
4.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY In Reference 8.1, the NRG specified information licensees must provide to receive expedited review of the exemption request, as indicated below. NextEra's response follows.
- The licensee's last biennial exercise date; NextEra Response:
The last Seabrook biennial exercise was conducted on April 4, 2018.
- The licensee's current biennial exercise date; NextEra Response:
The current Seabrook biennial exercise date is December 8, 2020.
- A statement that the licensee has made a reasonable effort to reschedule the exercise during CY 2020, but was unsuccessful; NextEra Response:
NextEra has made a reasonable effort to reschedule the biennial exercise during CY 2020.
The biennial exercise was originally scheduled for September 2020 but was moved to December 2020 due to the COVID-19 PHE impacts on NextEra.
- Per RIS 2006-03 and consistent with similar exemptions granted for issues like hurricanes that have impacted exercise scheduling, a statement that the licensee will reschedule the conduct of the biennial exercise within 35 months from the month in which the previously evaluated exercise was conducted in CY 2018; NextEra Response:
NextEra has been in communication with the NRG Region I Emergency Planning (EP) inspector, and the CY 2021 exercise date is currently rescheduled for 08/11/2021. This date will exceed 35 months from the CY 2018 biennial exercise date of April 04, 2018. As a result of this exemption request and the postponement of the December 2020 exercise, the regional NRG EP inspector will be performing an EP Baseline Program Inspection during the week of December 7, 2020.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 3 of 16 ATTACHMENT 1
- A statement that if an exemption is granted to allow the licensee to conduct the CY 2020 biennial exercise in CY 2021, that future biennial exercises will continue to be held in even years; NextEra Response:
Future biennial exercises will continue to be held in the even years. The following dates are listed on the NRC Region I exercise schedule:
April 6, 2022 April 3, 2024 September 30, 2026
- A statement that the licensee conducted drills, exercises, and other training activities that exercised its emergency response strategies, in coordination with offsite authorities, since the previous biennial exercise; NextEra Response:
Since the previous exercise (April 4, 2018), NextEra has conducted the following drills, exercises, and other training activities with the offsite agencies:
o 12/05/2018 -- Combined Functional Drill 1804. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 03/13/2019-- Combined Functional Drill 1901. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 05/15/2019 -- Combined Functional Drill 1902. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 08/06/2019 -- Combined Functional Drill 1903. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 11/06/2019 - Ingestion Pathway Exercise workshop - Hosted by the state of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 11/20/2019 -- Combined Functional Drill 1904. This limited scope exercise (with coaching) involved the Emergency Response Organization (ERO) participation in only the Emergency Operations Facility (EOF) and Joint Information Center (JIC).
Fleet Communications personnel participated at both the fleet and JIC. The State of New Hampshire and Commonwealth of Massachusetts had a limited presence at the EOF and the State of New Hampshire participated in the JIC. The states also received the drill emergency notifications at the state warning points.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 4of16 ATTACHMENT 1 o 01/15/2020 - Radiological Emergency Plan Recovery Seminar - This training session was hosted by the State of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 02/05/2020 - Ingestion Pathway Tabletop Exercise - This tabletop session was hosted by the State of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 02/13/2020 - Dose Assessment training was conducted with Seabrook Station, State of New Hampshire, and Commonwealth of Massachusetts dose assessment personnel.
o 03/04/2020 & 03/05/2020 -- Combined Functional Drill 2001. This Ingestion Pathway exercise (with coaching) was a full onsite participation exercise with full participation from Seabrook Station, New Hampshire, Massachusetts, and local communities on 03/04/2020, and was observed by FEMA personnel and the NRC Resident Inspectors. On 03/05/2020 FEMA observed the Ingestion Pathway exercise for Seabrook Station New Hampshire, Massachusetts, and Maine.
o 09/30/2020 & 10/01/2020 -- Combined Functional Drill 2002. This exercise (with coaching) was a full onsite participation exercise on 09/30/2020, and the states received the drill emergency notifications at the state warning points. Seabrook Station, New Hampshire, Massachusetts, and Maine participated on 10/01/2020 in the FEMA Evaluated Ingestion Pathway exercise.
- A statement that the rescheduled biennial exercise has been, or will be, coordinated with the applicable offsite response organizations (if offsite response organization participation is required), the applicable NRC Region, and the applicable FEMA Region.
NextEra Response:
NextEra has scheduled the CY 2021 biennial exercise date with the NRC Region I Emergency Planning inspector for August 11, 2021.
5.0 JUSTIFICATION OF EXEMPTION 10 CFR 50.12, Specific Exemptions, state that the NRC may grant exemptions from the regulations therein provided the following conditions are met:
(1) The exemptions are authorized by law.
(2) The exemptions will not endanger life or property or the common defense and security.
(3) The exemptions are otherwise in the public interest.
NextEra has evaluated the requested exemptions against the 10 CFR 50.12 criteria for specific exemptions and has determined that each are satisfied as described below.
(1) The exemption is authorized by law The biennial emergency preparedness exercise for the emergency response organization specified in 10 CFR 50, Appendix E, Section IV.F.2.b is not required by any statute. The requested exemption is authorized by law in that no law precludes the activities covered
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 5of16 ATTACHMENT 1 by this exemption request. Granting of the request does not result in a violation of the Atomic Energy Act of 1954, as amended.
(2) The exemption will not endanger life or property or the common defense and security.
The purpose of the 10 CFR 50, Appendix E, Section IV.F.2.b, requirement to conduct a subsequent exercise of its onsite emergency plan every two years is to ensure that ERO personnel are familiar with their respective duties and to test adequacy of emergency plans. Postponing the exercise to CY 2021 does not create any new accident precursors or increase the probability or consequences of postulated accidents. NextEra has conducted training exercises, demonstrating the principle functional areas of emergency response since the last evaluated biennial EP exercise and has activated all onsite emergency response facilities during those drills such that an acceptable level of emergency preparedness is assured during the exemption period. Therefore, there is no undue risk to public health and safety or the common defense and security.
(3) The exemption is otherwise in the public interest.
The requested exemption excludes on a one-time basis, the requirement to conduct an exercise of its onsite emergency plan in CY 2020 in order to support public health measures which protect personnel essential to the safe operation of the facility. Therefore, the requested exemption serves the public interest without impacting the common defense and security.
Additionally, special circumstances supporting the exemption request are required to exist. In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances are present when the application of the regulation for the particular circumstances would not serve the underlying purpose or is unnecessary to achieve the underlying purpose of the rule. 10 CFR 50, Appendix E, Section, IV.F.2.b requires licensees to conduct exercises of their emergency plan every two years. The underlying purpose of this requirement is to ensure that ERO personnel are familiar with their duties and to test adequacy of the emergency plans. NextEra has conducted training exercises demonstrating the principle functional areas of emergency response since the last evaluated biennial REP exercise and has activated all onsite emergency response facilities during those drills with State participation. Further, NextEra plans to conduct training and drills with the ERO throughout CY 2021. NextEra finds that these measures adequately maintain an acceptable level of emergency preparedness during the exemption period to satisfy the underlying purpose of the rule.
In accordance with 10 CFR 50.12(a)(2)(v), special circumstances are also present when the exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply. The requested exemption to defer the biennial emergency preparedness exercise from CY 2020 to CY 2021 would grant only temporary relief from the applicable regulation. NextEra has made a good faith effort to comply by maintaining the proficiency and preparedness of ERO personnel throughout the PHE by means of training drills exercising the principle functional areas of emergency response since the last evaluated biennial EP exercise.
6.0 ENVIRONMENTAL ASSESSMENT NextEra requests 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,
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 6of16 ATTACHMENT 1 for Seabrook Nuclear Plant Unit 1 (Seabrook). The one-time exemption is needed to support continued implementation of public health measures at Seabrook which protect emergency response organization (ERO) personnel from the spread of the virus. NextEra proposes to defer the Section IV.F.2.b requirement to conduct the onsite emergency plan biennial exercise from calendar year (CY) 2020 to CY 2021.
NextEra has determined that the exemptions involve 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 construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirements for which an exemption is being requested involve inspection or surveillance requirements and scheduling requirements.
Accordingly, the proposed exemptions meet the eligibility 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 CONCLUSION As demonstrated above, the exemption request is in accordance with the specific exemption criteria of 10 CFR 50.12. Specifically, the requested exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. Accordingly, a one-time exemption from the emergency plan exercise requirements of 10 CFR 50, Appendix E, Section IV.F.2.b, is appropriate during the COVID-19 PHE.
8.0 REFERENCES
8.1 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).
8.2 Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19); retrieved from https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html, March 17, 2020.
8.3 State of New Hampshire, COVID-19 Trends Dashboard; retrieved from https://www.nh.gov/covid19/dashboard/trends.htm#dash, Accessed December 03, 2020.
8.4 Commonwealth of Massachusetts, COVID-19 Updates and Information; retrieved from https://www.mass.gov/i nfo-details/covid-19-u pdates-and-information, Accessed December 03, 2020.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 7of16 ATTACHMENT 2 ONE-TIME EXEMPTION REQUEST FOR 10 CFR 50, APPENDIX E, SECTION IV.F.2.C 1.0
SUMMARY
DESCRIPTION NextEra Energy Seabrook, LLC (NextEra) requests a one-time exemption from the 10 CFR 50, Appendix E, Section IV.F.2.c requirement to conduct a biennial exercise of the Seabrook Station Unit 1 (Seabrook) emergency plan with the full participation of each offsite authority having a role under the plan. NextEra was notified by the affected offsite response organizations (OROs) of their decision to defer participation in the Seabrook Radiological Emergency Preparedness (REP) exercise for CY 2020. The one-time exemption is needed to support continued implementation of public health measures (for example, social distancing, group size limitations, remote working, etc.)
taken at Seabrook which protect emergency response organization (ERO) personnel during the COVID-19 public health emergency (PHE). By participating in Radiological Emergency Preparedness (REP) exercises with the current rapidly increasing growth in the rate of COVID-19 infections in the towns and communities in Southern NH, near Seabrook Station in Rockingham County New Hampshire, and northern Massachusetts (Reference 8.3 and Reference 8.4), exposes additional COVID-19 risk to Emergency Response Organization personnel participating in the exercise. NextEra proposes to defer the 10 CFR Part 50, Appendix E, Section IV.F.2.c requirement to conduct the biennial exercise with full ORO participation from CY 2020 to CY 2022.
2.0 BACKGROUND
10 CFR 50, Appendix E, Section IV.F.2.c states, in part, the following, 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.
Since the start of the COVID-19 PHE, NextEra has implemented public health measures at Seabrook, such as social distancing and group size limitations, which protect personnel essential to the safe operation of the facility. In addition, NextEra received a memorandum from the State of New Hampshire (dated November 30, 2020), and the Commonwealth of Massachusetts (dated December 01, 2020), notifying NextEra, supporting an exemption from the CY 2020 exercise (Attachment 3). In Reference 8.1, the NRC issued guidance for receiving expedited review of exemption requests relating to Title 10 of the Code of Federal Regulations (10 CFR) requirements for full participation biennial exercises during the COVID-19 PHE. In Reference 8.2, the NRC issued supplemental guidance acknowledging that biennial exercises are just one method of assessing the capability of OROs to implement offsite radiological emergency response plans. For these reasons, NextEra requests a one-time exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.c, for CY 2020.
3.0 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
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 8of16 ATTACHMENT 2 health and safety, and is consistent with the common defense and security. As stated in 10 CFR 50.12 (a)(2), special circumstances must exist for the NRC to consider granting an exemption. In accordance with 10 CFR 50.12(a)(2)(iv), special circumstances are present when 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.
In Reference 8.3, the U.S. Centers for Disease Control (CDC) issued recommendations advising "social distancing" to reduce the spread of the COVID-19 Virus. In response, NextEra implemented self-quarantining, group size limitations and social distancing at Seabrook to protect essential personnel and assure safe operation of the facility. NextEra was subsequently notified by the affected OROs of their decision to defer participation in the Seabrook REP exercise for CY 2020.
The requested exemption supports the continued proficiency and emergency response preparedness of Seabrook's emergency response organization (ERO) through training, drills, etc.,
while allowing the OROs to continue their focus on essential COVID-19 PHE response efforts.
4.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY In References 8.1 and 8.2, the NRC specified information licensees must provide to receive expedited review of the exemption request, as indicated below. NextEra's response follows.
- The licensee's last biennial exercise date; NextEra Response:
The last Seabrook biennial exercise was conducted on April 4, 2018.
- The licensee's current biennial exercise date; NextEra Response:
The current Seabrook biennial exercise date is December 8, 2020.
- A statement that the licensee has made a reasonable effort to reschedule the exercise during CY 2020, but was unsuccessful; NextEra Response:
NextEra has made a reasonable effort to reschedule the biennial exercise during CY 2020.
The biennial exercise was originally scheduled for September 2020 but was moved to December 2020 due to the COVID-19 PHE impacts on NextEra, as well as the state's availability for exercise preparation.
- Per RIS 2006-03 and consistent with similar exemptions granted for issues like hurricanes that have impacted exercise scheduling, a statement that the licensee will reschedule the conduct of the biennial exercise within 35 months from the month in which the previously evaluated exercise was conducted in CY 2018;
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 9 of 16 ATTACHMENT 2 NextEra Response:
The next exercise with ORO required participation is scheduled for April 06, 2022. This date will exceed 35 months from the CY 2018 biennial exercise date of April 04, 2018. As a result of this exemption request and the postponement of the December 2020 exercise, the regional NRC EP inspector will be performing an EP Baseline Program Inspection during the week of December 7, 2020.
- A statement that if an exemption is granted to allow the licensee to conduct the CY 2020 biennial exercise in CY 2021, that future biennial exercises will continue to be held in even years; NextEra Response:
Future biennial exercises will continue to be held in the even years. The following dates are listed on the NRC Region I exercise schedule:
April 6, 2022 April 3, 2024 September 30, 2026
- A statement that the licensee conducted drills, exercises, and other training activities that exercised its emergency response strategies, in coordination with offsite authorities, since the previous biennial exercise; NextEra Response:
Since the previous exercise (April 4, 2018), Seabrook Station has conducted the following drills, exercises, and other training activities with the offsite agencies:
o 12/05/2018 -- Combined Functional Drill 1804. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 03/13/2019-- Combined Functional Drill 1901. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 05/15/2019 -- Combined Functional Drill 1902. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 08/06/2019 -- Combined Functional Drill 1903. This was a full onsite participation exercise (with coaching) with limited participation from New Hampshire and Massachusetts at the Emergency Operations Facility. The states also received the drill emergency notifications at the state warning points.
o 11/06/2019 - Ingestion Pathway Exercise workshop - Hosted by the state of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 11/20/2019 -- Combined Functional Drill 1904. This limited scope exercise (with coaching) involved the Emergency Response Organization (ERO) participation in
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page10of16 ATTACHMENT 2 only the Emergency Operations Facility (EOF) and Joint Information Center (JIC).
Fleet Communications personnel participated at both the fleet and JIC. The State of New Hampshire and Commonwealth of Massachusetts had a limited presence at the EOF and the State of New Hampshire participated in the JIC. The states also received the drill emergency notifications at the state warning points.
o 01/15/2020 - Radiological Emergency Plan Recovery Seminar - This training session was hosted by the State of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 02/05/2020 - Ingestion Pathway Tabletop Exercise - This tabletop session was hosted by the State of New Hampshire and attended by New Hampshire, Massachusetts, Maine, Seabrook Station, and FEMA personnel.
o 02/13/2020 - Dose Assessment training was conducted with Seabrook Station, State of New Hampshire, and Commonwealth of Massachusetts dose assessment personnel.
o 03/04/2020 & 03/05/2020 -- Combined Functional Drill 2001. This Ingestion Pathway exercise (with coaching) was a full onsite participation exercise with full participation from Seabrook Station, New Hampshire, Massachusetts, and local communities on 03/04/2020, and was observed by FEMA personnel and the NRC Resident Inspectors. On 03/05/2020 FEMA observed the Ingestion Pathway exercise for Seabrook Station New Hampshire, Massachusetts, and Maine.
o 09/30/2020 & 10/01 /2020 -- Combined Functional Drill 2002. This exercise (with coaching) was a full onsite participation exercise on 09/30/2020, and the states received the drill emergency notifications at the state warning points. Seabrook Station, New Hampshire, Massachusetts, and Maine participated on 10/01/2020 in the FEMA Evaluated Ingestion Pathway exercise.
- A statement that the rescheduled biennial exercise has been, or will be, coordinated with the applicable offsite response organizations (if offsite response organization participation is required), the applicable NRC Region, and the applicable FEMA Region.
NextEra Response:
The next scheduled exercise involving the OROs is scheduled for April 06, 2022. NextEra will continue to coordinate the scheduling and logistics with the necessary offsite response organizations.
- A statement from responsible OROs that they are in agreement with the licensee's exemption request and that they are committed to maintaining their radiological emergency plans; NextEra Response:
The offsite response organizations are in agreement with NextEra's exemption request and are committed to maintaining their radiological emergency plans. Refer to Attachment 3 for the correspondence between the Commonwealth of Massachusetts as well as the State of New Hampshire, to NextEra.
- A statement from responsible OROs that they are not impacted in a manner that would adversely affect their ability to maintain response capability to support emergency response activities to actual nuclear power plant radiological emergencies.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 11of16 ATTACHMENT 2 NextEra Response:
The offsite response organizations are in agreement with NextEra's exemption request and are committed to maintaining their radiological emergency plans. Refer to Attachment 3 for the correspondence between the Commonwealth of Massachusetts as well as the State of New Hampshire, to NextEra.
5.0 JUSTIFICATION OF EXEMPTION 10 CFR 50.12, Specific Exemptions, state that the NRC may grant exemptions from the regulations therein provided the following conditions are met:
(1) The exemptions are authorized by law.
(2) The exemptions will not endanger life or property or the common defense and security.
(3) The exemptions are otherwise in the public interest.
NextEra has evaluated the requested exemptions against the 10 CFR 50.12 criteria for specific exemptions and has determined that each are satisfied as described below.
(1) The exemption is authorized by law The biennial emergency preparedness exercise requirement for the full participation of each offsite authority having a role under the plan specified in 10 CFR 50, Appendix E, Section 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) The exemption will not endanger life or property or the common defense and security.
The purpose of the 10 CFR 50, Appendix E, Section IV.F.2.c, requirement for full participation of each offsite authority having a role under the radiological response plan is to ensure that ORO personnel are familiar with their respective duties and to test the adequacy of the emergency plan. NextEra has conducted training exercises at Seabrook Station with ORO participation subsequent to the last biennial exercise. REP exercises (with coaching) are also scheduled in 2021 with the OROs to assure continued familiarity with their duties and the capability to respond during a radiological emergency at Seabrook Station. NextEra considers the performance of the OR Os to be at a sufficiently acceptable level to satisfy the underlying purpose of the rule. Exclusion of the OROs from the December 2020 REP exercise does not create new accident precursors, or increase the probability or the consequences of postulated accidents. An acceptable level of emergency preparedness is assured during the exemption period. Therefore, there is no undue risk to public health and safety.
(3) The exemption is otherwise in the public interest.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 12 of 16 ATTACHMENT 2 The requested exemption exempts on a one-time basis, ORO participation in the December 2020 REP exercise in order to support the OROs' continued focus on essential COVID-19 response efforts during the PHE. Therefore, the requested exemption serves the public interest without impacting the common defense and security.
Additionally, special circumstances supporting the exemption request are required to exist. In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances may be present when the application of the regulation for the particular circumstances would not serve the underlying purpose or is unnecessary to achieve the underlying purpose of the rule. 10 CFR 50, Appendix E, Section, IV.F.2.c requires licensees to conduct biennial exercises of the REP with full participation by each offsite authority having a role under the REP. The underlying purpose of this requirement is to ensure that offsite emergency response personnel are familiar with their duties and to test the adequacy of the emergency plans. NextEra has conducted REP exercises (with coaching) demonstrating the principle functional areas of emergency response organizations subsequent to the last evaluated biennial REP exercise in CY 2018, including the activation of onsite emergency response facilities during those exercises with the OROs' participation. In addition to the rescheduled exercise, NextEra will similarly conduct REP exercises (with coaching) with the opportunity for ORO participation in CY 2021. NextEra considers these measures adequately maintain an acceptable level of emergency preparedness to satisfy the underlying purpose of the rule.
In accordance with 10 CFR 50.12(a)(2)(v), special circumstances are also present when the exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation. NextEra's effort to comply with the requirement for full ORO participation was negated by the OROs decision to defer their participation for CY 2020, as evidenced in Attachment 3. Given NextEra's effort to coordinate a rescheduled date that is agreeable with the FEMA, NRC Region inspectors, and the OROs, NextEra believes a good faith effort has been made to comply with the applicable regulation, and thereby special circumstances exist to justify the requested one-time exemption.
6.0 ENVIRONMENTAL ASSESSMENT NextEra requests 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.c, for Seabrook Nuclear Plant Unit 1 (Seabrook). The one-time exemption is needed to support the proficiency and emergency response preparedness of Seabrook's emergency response organization (ERO) while allowing the OROs to continue their focus on essential COVID-19 public health emergency (PHE) response efforts. NextEra proposes to defer the Section IV.F.2.c requirement to conduct the biennial exercise with full ORO participation from CY 2020 to CY 2022.
NextEra has determined that the exemptions involve 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 construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Furthermore, the requirements for which an exemption is being requested involve inspection or surveillance requirements and scheduling requirements.
Accordingly, the proposed exemptions meet the eligibility 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.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 13 of 16 ATTACHMENT 2
7.0 CONCLUSION
As demonstrated above, the exemption request is in accordance with the specific exemption criteria of 10 CFR 50.12. Specifically, the requested exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. As such, a one-time exemption from the biennial emergency preparedness exercise requirements of 10 CFR 50, Appendix E, Section IV.F.2.c is required during the COVID-19 PHE.
8.0 REFERENCES
8.1 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) 8.2 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, September 2, 2020 (ADAMS Accession No. ML20223A152) 8.3 Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19); retrieved from https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html, March 17, 2020 8.4 State of New Hampshire, COVID-19 Trends Dashboard; retrieved from https://www.nh.gov/covid19/dashboard/trends.htm#dash, Accessed December 03, 2020.
8.5 Commonwealth of Massachusetts, COVID-19 Updates and Information; retrieved from https://www.mass.gov/info-details/covid-19-updates-and-information, Accessed December 03, 2020.
Seabrook Nuclear Plant SBK-L-20146 Docket No. 50-443 Enclosure Page 14 of 16 ATTACHMENT 3 CORRESPONDENCE RELATING TO OFFSITE EMERGENCY RESPONSE ORGANIZATION PARTICIPATION IN RADIOLOGICAL EMERGENCY PLAN EXERCISES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY (2 pages follow)
State of New Hampshire Department of Safety Robert L. Quinn, Comm issioner Richard C. Bailey, Jr., Assistant Commissioner Homeland Security and Emergency Management Jennifer L. Harper, Director November 30, 2020 Mr. David Currier Emergency Preparedness Manager NextEra Energy, Inc.
PO Box 300 Seabrook, NH 03874
Dear Mr. Currier:
The State of New Hampshire supports NextEra Energy's request for an exemption for the 2020 Seabrook Nuclear Power Plant Ingestion Pathway Exercise. The offsite response organizations are committed to maintaining our radiological emergency plans and response capabilities independent from NextEra Energy's direct participation for 2020. The Seabrook Nuclear Power Plant exercise exemption would not adversely impact the offsite organizations' ability to maintain response capabilities to support emergency response operations within the Emergency Protection Zone.
We were able to proceed with full participation in our biennial evaluation with FEMA this year, and through these exercises John Rice, FEMA Senior Site Specialist noted: "the RAC Chair has approved Reasonable Assurance [without findings] as it relates to the 2020 Graded Exercise, and an exercise in December 2020 is not necessary."
As the impact of the COVID-19 pandemic continues to develop in New Hampshire however, radiological emergency preparedness is still at the forefront. We are working to develop remote training modules, improve our plans with lessons learned from our own drills, and plan for our 2022 full exercise cycle.
We are committed to maintaining a high level of readiness through continued collaboration and frequent consultation with both Seabrook Nuclear Power Plant and FEMA.
If you have any questions regarding New Hampshire's current level of radiological emergency preparedness or response capabilities, please contact me at 603-419-9179.
Sincerely, Jennifer Harper Director Office: 110 Smokey Bear Boulevard, Concord, N.H.
Mailing Address: 33 Hazen Drive, Concord , N.H. 03305 603-271-2231 , 1-800-852-3792, Fax 603-223-3609 State of New Hampshire TDD Access: Relay 1-800-735-2964
THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY 400 Worcester Road Framingham, MA 01702-5399 Tel: 508-820-2000 Fax: 508-820-2030 Website: www.mass.gov/mema Charles D. Baker Samantha C. Phillips Governor Director Karyn E. Polito Lieutenant Governor Thomas A. Turco, III Secretary December 1, 2020 Mr. David Currier Emergency Preparedness Director NextEra Energy - Seabrook Station 626 Lafayette Rd.
Seabrook, NH 03874
Subject:
Dear Mr. Currier,
The Commonwealth of Massachusetts Emergency Management Agency (MEMA) supports NextEra Energy's request for an exemption for the 2020 Seabrook Nuclear Power Station Plume Exposure Pathway exercise. The State' s offsite response organizations are committed to maintaining radiological emergency plans and response capabilities independent from NextEra Energy's direct participation in 2020 . The Seabrook Nuclear Power Station exercise exemption would not adversely impact the offsite organizations' ability to maintain response capabilities to support emergency response operations within the Emergency Protection Zone.
Radiological emergency preparedness activities such as training, virtual exercising, smaller-scale drills, plan review, and communication drills continue to allow (MEMA) to maintain its radiological response capabilities and we are committed to maintaining a high level ofreadiness through continued collaboration and frequent consultation with FEMA.
If you have any questions regarding the current level of radiological emergency preparedness or response capabilities, please contact John Viveiros, Technological Hazards Unit Supervisor, at (508) 922-4571.
Sincerely, Dawn Brantley Assistant Director for Planning and Preparedness 400 Worcester Road Framingham, MA 01702 Region I Region II Region III I IV P.O. Box 116 3rct Floor - Suite 9 l 002 Suffield Street 365 East Street 12 13 Purchase Street Agawam, MA 01001 Tewksbury, MA 01876 New Bedford, MA 02740 Tel : 413-750- 1400 Fax: 413-821-1599 Tel: 978-328- 1500 Fax : 978-851 -8218 Tel: 508-427-0400