ML20346A120
| ML20346A120 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/18/2020 |
| From: | Craig Erlanger Division of Operating Reactor Licensing |
| To: | Welsch J Pacific Gas & Electric Co |
| Lee S, 301-415-3168 | |
| References | |
| EPID L-2020-LLE-0167 [COVID-19]) | |
| Download: ML20346A120 (6) | |
Text
December 18, 2020 Mr. James M. Welsch Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424
SUBJECT:
DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2 -
EXEMPTION FROM ANNUAL FIREARMS TACTICAL QUALIFICATION COURSE REQUIREMENT OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SUBSECTION VI.F.5.(a)
(EPID L-2020-LLE-0167 [COVID-19])
Dear Mr. Welsch:
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 the Diablo Canyon Nuclear Power Plant, Units 1 and 2 (Diablo Canyon) for calendar year (CY) 2020. This action is in response to Pacific Gas and Electric Companys (PG&E, the licensee) application dated October 14, 2020, as supplemented on December 3, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML20288A253 and ML20338A125, respectively (non-publicly, withheld under 10 CFR 2.390)), that requested an exemption from 10 CFR Part 73, Appendix B, Section VI, subsection F.5.(a), regarding the annual firearms tactical requalification course requirement for CY 2020 at Diablo Canyon.
The requirements in 10 CFR Part 73, Appendix B, Section VI, subsection F.5.(a), state:
Armed members of the security organization shall be re-qualified for each assigned weapon at least annually in accordance with Commission requirements and the Commission-approved training and qualification plan, and the results documented and retained as a record.
Requalification includes the completion of an annual tactical qualification course (10 CFR Part 73, Appendix B, Section VI, subsection F.3.(c)). The purpose of the annual tactical qualification course is to ensure that the site security force maintains its contingency response readiness.
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 July 30, 2020, (ADAMS Accession No. ML20209A050), the NRC granted the licensees previous request for
J. Welsch temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection F.5.(a). That exemption is set to expire on December 31, 2020. As such, the licensee is required to conduct any missed annual licensee-conducted firearms requalifications by December 31, 2020.
PG&Es application dated October 14, 2020, states the following:
Diablo Canyon had scheduled these requalification activities to comply with the regulation. However, these activities must be exempted for the year 2020 to allow continued implementation of the Diablo Canyon pandemic plan mitigation strategies.
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 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 Diablo Canyon has continued to conduct the following training requalification requirements of Section VI. of Appendix B to 10 CFR Part 73:
o Quarterly tactical response drills (Tabletop drills) o Annual firearms familiarization o Annual daylight qualification course o Annual night fire qualification course o Annual Critical Task Performance Evaluations 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 July 30, 2020, approved temporary exemption, Diablo Canyon conducted individual discussions regarding the fundamentals of marksmanship with security personnel not participating in firearms requalification.
In its December 3, 2020, response to the NRC staffs request for additional information, PG&E stated the following:
PG&Es request only pertains to the annual tactical requalification course requirements.
PG&E has already met all the other CY 2020 requirements of Subsection F to Appendix B to 10 CFR Part 73, Section VI, including the day and night handgun and rifle courses.
PG&E has not and will not be able to safely complete the annual firearms requalification requirement for the tactical course due to COVID-19 restrictions in effect as required by the State of California and the County of San Luis Obispo. The COVID-19 infection rates in San Luis Obispo County are on the rise, and these restrictions are expected to remain in place through the end of the year. Specifically, individuals are to remain at least 6 feet apart when conducting work activities. Due to the dynamic nature of the
J. Welsch tactical course (rapid and varied movements), an instructor must be in very close proximity of the shooter (within 2 feet) in order to take immediate action to correct unsafe conditions. The other required firearms courses are static and do not require the close one-on-one contact that the tactical course does. Instructors and students can maintain the State and County required minimum social distancing and still safely conduct the day and night handgun and rifle courses, as well as quarterly firearms range activities.
Security personnel at Diablo Canyon will continue to maintain their contingency response readiness under the cumulative effect of not conducting the tactical course requalifications and the force-on-force (FOF) exercise in CY 2020 by continuing to conduct the following activities:
o Quarterly weapons range activities that support FOF response elements or tactical course elements, and o Other activities that support contingency response readiness:
Discussions regarding the fundamentals of marksmanship Quarterly tactical response drills (Tabletop drills)
Annual daylight qualification courses Annual night fire qualification courses Annual task performance evaluations Annual physical fitness testing Annual critical task exams This exemption is specific to CY 2020 and Diablo Canyon 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 the proposed exemption does not change Diablo Canyons 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 Diablo Canyon has continued to conduct other security training requalification requirements; and security personnel will continue to be monitored regularly by supervisory personnel and have implemented 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 of Diablo Canyon. Additionally, the October 14, 2020, request identified the site-specific actions listed above that continue to occur at Diablo Canyon to maintain contingency response readiness.
Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application by any interested person or on 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
J. Welsch and security. This exemption will only apply to licensee security personnel who are already satisfactorily qualified on the security requirements in 10 CFR Part 73, Appendix B, Section VI.
Based on this fact, and its review of the controls PG&E has implemented or will implement to ensure contingency response readiness for the duration of the exemption, including continuing to conduct quarterly tactical response drills and other security requalification requirements, the NRC staff has reasonable assurance that the security force at Diablo Canyon will maintain its proficiency and its 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 requirements in 10 CFR Part 73, Appendix B, Section VI, subsection F.5.(a),
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 Diablo Canyon, 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 this 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
J. Welsch exempt Diablo Canyon from the annual firearms tactical requalification course requirement of security personnel in subsection F.5.(a) of 10 CFR Part 73, Appendix B, Section VI. This exemption applies only to the annual firearms tactical requalification courses required during CY 2020.
If you have any questions, please contact the Diablo Canyon project manager, Samson Lee, at 301-415-3168 or by e-mail to Samson.Lee@nrc.gov.
Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.12.18 Erlanger 08:34:14 -05'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: Listserv
ML20346A120 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NSIR/DPCP/RSB/BC NAME SLee PBlechman (LRonewicz for) ABowers DATE 12/11/2020 12/11/2020 12/10/2020 OFFICE OGC - NLO NRR/DORL/LPL4/BC NRR/DORL/D NAME JMaltese JDixon-Herrity CErlanger DATE 12/17/2020 12/17/2020 12/18/2020