ML20345A000

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-0210 (COVID-19))

ML20345A000
Person / Time
Site:	Point Beach
Issue date:	12/15/2020
From:	David Wrona Division of Operating Reactor Licensing
To:	Moul D Point Beach
Haskell R
References
EPID L-2020-LLE-0210
Download: ML20345A000 (6)

Text

December 15, 2020 Mr. Don Moul Executive Vice President, Nuclear Division and Chief Nuclear Officer Florida Power & Light Company Mail Stop: EX/JB 700 Universe Blvd.

Juno Beach, FL 33408

SUBJECT:

POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - EXEMPTION FROM ANNUAL FORCE-ON-FORCE EXERCISE REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SECTION VI, SUBSECTION C.3(I)(1) (EPID L-2020-LLE-0210

[COVID-19])

Dear Mr. Moul:

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 Point Beach Nuclear Plant, Units 1 and 2 (Point Beach), for calendar year (CY) 2020. This action is in response to NextEra Energy Point Beach, LLCs (NextEra, the licensee) application dated November 19, 2020, as supplemented on December 8, 2020 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML20324A693 (non-public, withheld under 10 CFR 2.390) and ML20343A180, respectively), 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 Point Beach.

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.

D. Moul 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 June 15, 2020, (ADAMS Accession No. ML20153A011), 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 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 19, 2020, stated the following:

[Granting] 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.

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 NextEra 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) (Limited scope drills) (Completed November 12, 2020) o Annual firearms familiarization (Completed October 15, 2020) o Annual daylight qualification course (Completed July 1, 2020) o Annual night fire qualification course (Completed October 15, 2020) o Annual tactical qualification course (Completed October 15, 2020) o On-the-job training (completed upon return from a leave of absence) o Annual physical examination (scheduled to end of year and on track) o Annual physical fitness test (scheduled to end of year and on track) o Weapons range activity (4-month periodicity) (Completed October 15, 2020) o Annual written exam (Completed May 2020)

In addition, and in accordance with the approved temporary exemption, NextEra conducted tabletop exercises, limited scope exercises, reviewed lessons-learned of past exercises, communication drills and walkdowns of the routes of travel from past drills with all impacted security personnel.

In its December 8, 2020, response to NRC staffs request for additional information the licensee stated the following:

Continued implementation of public health measures (for example, social distancing, group size limitations, remote working, etc.) taken at Point Beach remain necessary to protect the health and safety of essential site personnel during the COVID-19 public health emergency (PHE). Participation in the annual FOF exercise with the current, rapidly increasing rate of COVID-19 infections in the towns and communities surrounding Point Beach in eastern Wisconsin exposes additional COVID-19 risk to security, as well as site personnel that are necessary to participate in the FOF exercise.

D. Moul Areas where public health measures cannot be followed due to the performance of an FOF exercise would be the inside of bullet resistant enclosures and alarm stations as they do not provide adequate social distancing capability for the increased FOF staffing.

The annual FOF exercises require approximately 75% of the security staff to be onsite and within close proximity during the exercise. In addition, there is a potential for security staff exposure risks as Point Beach security staff is required to participate in the exercise, briefings, and critiques.

This exemption is specific to CY 2020 and Point Beach 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. NextEra stated that the proposed exemption does not change the 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 NextEra has continued to conduct other training requalification requirements; security personnel will continue to be monitored regularly by supervisory personnel and Point Beach has been subject to the controls as identified in the approved temporary exemption; therefore, granting the requested exemption will not endanger or compromise the common defense or security, or safeguarding Point Beach Nuclear Plant. Additionally, the November 19, 2020, request identified the site-specific actions listed above that have occurred, or will continue to occur, at Point Beach to maintain contingency response readiness, consistent with the NRC staffs October 13, 2020, letter (ADAMS Accession No. ML20273A126).

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 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 continuing to conduct quarterly tactical response drills and other security qualification requirements, the NRC staff has reasonable assurance that the security force at Point Beach 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

D. Moul 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 Point Beach, 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 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 Point Beach 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.

D. Moul If you have any questions, please contact the Point Beach project manager, Russell Haskell, at 301-415-1129 or Russell.Haskell@nrc.gov.

Sincerely, Digitally signed by David David J. J. Wrona Date: 2020.12.15 Wrona 10:55:39 -05'00' David J. Wrona, Acting Deputy Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: Listserv

ML20345A000 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NSIR/DPCP/RSB/BC NAME RHaskell SRohrer (JBurkhardt for) ABowers DATE 12/10/2020 12/10/2020 12/10/2020 OFFICE OGC - NLO NRR/DORL/LPL3/BC NRR/DORL/DD(A)

NAME JMaltese NSalgado DWrona DATE 12/11/2020 12/14/2020 12/15/2020