ML20344A458

Exemption from Annual Force-on-Force Exercise Requirement of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1)

ML20344A458
Person / Time
Site:	Susquehanna
Issue date:	12/17/2020
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Cimorelli K Susquehanna
Goetz, Sujata
References
EPID L-2020-LLE-0222
Download: ML20344A458 (5)

Text

December 17, 2020 Mr. Kevin Cimorelli Site Vice President Susquehanna Nuclear, LLC 769 Salem Boulevard NUCSB3 Berwick, PA 18603-0467

SUBJECT:

SUSQUEHANNA STEAM ELECTRIC STATION, UNITS 1 AND 2 - EXEMPTION FROM ANNUAL FORCE-ON-FORCE EXERCISE REQUIREMENT OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SUBSECTION VI.C.3.(I)(1) (EPID L-2020-LLE-0222 [COVID-19])

Dear Mr. Cimorelli,

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has approved the requested exemption from a specific requirement of Title 10 of the Code of Federal Regulations (10 CFR)

Part 73, Appendix B,Section VI, Nuclear Power Reactor Training and Qualification Plan for Personnel Performing Security Program Duties, for Susquehanna Steam Electric Station, Units 1 and 2 (Susquehanna) for calendar year (CY) 2020. This action is in response to Susquehanna Nuclear, LLCs (the licensee) application dated November 24, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20329A335), that requested an exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1),

regarding the annual force-on-force (FOF) exercises for CY 2020 at Susquehanna.

The requirements in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), state, in part:

Each member of each shift who is assigned duties and responsibilities required to implement the safeguards contingency plan and licensee protective strategy participates in at least . . . one (1) force-on-force exercise on an annual basis.

Force-on-force exercises conducted to satisfy the NRC triennial evaluation requirement can be used to satisfy the annual force-on-force requirement for the personnel that participate in the capacity of the security response organization.

The purpose of the annual licensee-conducted FOF exercises is to ensure that the site security force maintains its contingency response readiness. Participation in these exercises also supports the requalification of security force members.

On January 31, 2020, the U.S. Department of Health and Human Services declared a Coronavirus Disease 2019 (COVID-19) public health emergency (PHE) for the United States.

Subsequently, the Centers for Disease Control and Prevention issued recommendations (e.g.,

social distancing, limiting assemblies) to limit the spread of COVID-19. On September 21, 2020 (ADAMS Accession No. ML20232C272), the NRC granted the licensees previous request for temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1). That

K. Cimorelli exemption is set to expire on December 31, 2020. As such, the licensee is required to conduct any missed annual licensee conducted FOF exercises by December 31, 2020.

The licensees application dated November 24, 2020, stated the following:

The PHE has not ended and continues to impact Susquehanna's ability to conduct annual FOF exercises. Based on the licensee's current data, the trend in positive cases and quarantines is consistent with the trends in the Commonwealth of Pennsylvania and the local area of Luzerne County. As of November 9, 2020, the number of cases in the Commonwealth of Pennsylvania is on the increase.

A review of impacted security positions and other locations necessary for briefings and critiques has determined that annual exercises cannot be conducted due to the limited space available in most locations to allow for appropriate social distancing.

Approval of this exemption will continue to support the isolation protocols necessary to protect essential site personnel. These restrictions are necessary to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security.

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 Susquehanna has continued to conduct the following training requalification requirements of Section VI. of Appendix B to Part 73:

o Quarterly tactical response drills (Tabletop drills, Timeline drills, Limited-scope tactical response drills) o Annual firearms familiarization o Annual daylight qualification course o Annual night fire qualification course o Annual tactical qualification course o Annual physical examination o Annual physical fitness test o Weapons range activity (4-month periodicity) o Annual written exam In addition, and in accordance with the approved temporary exemption, Susquehanna conducted tabletop exercises and a lessons-learned review of past exercises with all impacted security personnel.

This exemption is specific to CY 2020 and Susquehanna security personnel who have previously demonstrated proficiency and are currently qualified in accordance with the requirements of 10 CFR Part 73, Appendix B, Section VI. The licensee stated that given the proposed exemption does not change physical security plans or the defensive strategy; 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 because Susquehanna has continued to conduct other training requalification requirements; and security personnel will continue to be monitored regularly by supervisory personnel and have implemented controls as identified in the temporary exemption granted

K. Cimorelli on September 21, 2020, granting the requested exemption will not endanger or compromise the common defense or security, or safeguarding Susquehanna.

Additionally, the November 24, 2020, request identified the site-specific actions listed above that have occurred, or will continue to occur, at Susquehanna to maintain contingency response readiness, consistent with the NRC staffs October 13, 2020, letter (ADAMS Accession No. ML20273A117).

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 that is authorized by law. The NRC staff has reviewed the exemption request and finds that granting the proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the NRC staff finds that the exemption is authorized by law.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 when the exemption will not endanger life or property or the common defense and security. This exemption will only apply to licensee security personnel who are already satisfactorily qualified in accordance with the security requirements outlined in 10 CFR Part 73, Appendix B, Section VI. Based on this fact, and its review of the controls that the licensee will implement for the duration of the exemption, including conducting quarterly tactical response drills and other security requalification requirements, the NRC staff has reasonable assurance that the security force at Susquehanna will maintain its proficiency and readiness to implement the licensees protective strategy and adequately protect the site. Therefore, the NRC staff concludes that the proposed exemption would not endanger life or property or the common defense and security.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 when the exemption is in the public interest. The NRC staff finds that the exemption from the annual FOF exercise requirement in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), for CY 2020 would facilitate the licensees efforts to maintain a healthy workforce capable of operating the plant safely and implementing the sites protective strategy by isolating security personnel from potential exposure to the COVID-19 virus. The NRC staff concludes that granting the exemption for CY 2020 is in the public interest because it allows the licensee to maintain the required security posture at Susquehanna, while enabling the facility to continue to provide electrical power to the Nation.

Environmental Considerations NRC approval of this exemption request is categorically excluded under 10 CFR 51.22(c)(25),

and there are no special circumstances present that would preclude reliance on this exclusion.

The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from which the exemption is sought involve education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff also determined that approval of this exemption request involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, nor does it change any of the assumptions or limits used in the facility licensees safety analyses or introduce any new failure

K. Cimorelli modes. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because this exemption does not affect any effluent release limits as provided in the facility licensees technical specifications or by the regulations in 10 CFR Part 20, Standards for Protection Against Radiation. There is no significant increase in individual or cumulative public or occupational radiation exposure because this exemption does not affect limits on the release of any radioactive material, or the limits provided in 10 CFR Part 20 for radiation exposure to workers or members of the public. There is no significant construction impact because this exemption does not involve any changes to a construction permit; and no significant increase in the potential for or consequences from radiological accidents because this exemption does not alter any of the assumptions or limits in the facility licensees safety analysis. In addition, the NRC staff determined that there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

Conclusions Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC hereby grants the licensees request to exempt Susquehanna from the annual FOF exercise requalification requirement of security personnel in subsection C.3.(l)(1) of 10 CFR Part 73, Appendix B, Section VI. This exemption applies only to those FOF exercises required during CY 2020.

If you have any questions, please contact the Susquehanna project manager, Sujata Goetz, at 301-415-8004 or by e-mail to Sujata.Goetz@nrc.gov.

Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.12.17 Erlanger 12:49:50 -05'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-387 and 50-388 cc: Listserv

ML20344A458 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/RSB/BC NAME SGoetz LRonewicz ABowers DATE 12/10/2020 12/10/2020 12/09/2020 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME JMaltese JDanna (JTobin for) CErlanger DATE 12/15/2020 12/17/2020 12/17/2020