NG-20-0101, 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
| ML20364A039 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 12/29/2020 |
| From: | Hansen P NextEra Energy Duane Arnold |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| NG-20-0101 | |
| Download: ML20364A039 (6) | |
Text
December 29, 2020 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket No. 50-331 Renewed Facility Operating License No. DPR-49 NEX era~
ENER,y~
OUMIE ARNOLD NG-20-0101 10 CFR 73.5 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 DAEC, "Duane Arnold Energy Center -
Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, "General Criteria for Security Personnel,Section VI (EPID L-2020-LLE-0042 to L-2020-LLE-0045 and L-2020-LLE-0051) [COVID-19]), dated May 26, 2020 (ADAMS Accession No. ML20139A006)
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 declared the Coronavirus (COVID-19) pandemic a national emergency. In addition, Iowa Governor Kimberly Reynolds declared a state of emergency on March 9, 2020.
In the referenced letter, NextEra Energy Duane Arnold, LLC (NEDA) was granted a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1), regarding annual force-on-force (FOF) exercises for the Duane Arnold Energy Center (DAEC). 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 NEDA's ability to conduct annual FOF exercises. Because the temporary exemption expires December 31, 2020, NEDA requests a one-time exemption from conducting the 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 currently authorized exemption requirement to complete the annual FOF exercises within 90 days after the PHE has ended, or by December 31, 2020, whichever occurs first.
NextEra Energy Duane Arnold., LLC, 3277 DAEC Road, Palo, IA 52324
NG-20-0101 Page 2 of 2 If you have any questions regarding this submittal, please contact John Schwertfeger, Security Manager, at 319-851-7504..
Respectfully,
!!i~jn Decommissioning Director, Duane Arnold Energy Center NextEra Energy Duane Arnold, LLC Enclosure cc:
Administrator, Region Ill, USNRC Project Manager, USNRC, Duane Arnold Energy Center Resident Inspector, USNRC, Duane Arnold Energy Center
NG-20-0101 Enclosure Page 1 of 4 Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request 1.0
SUMMARY
DESCRIPTION NextEra Energy Duane Arnold, LLC (NEDA) 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 by 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 May 26, 2020 (ADAMS Accession No. ML20139A006), the NRC approved a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) regarding annual FOF exercises for the Duane Arnold Energy Center (DAEC). 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 December 31, 2020.
EXEMPTION DETAILS In the approved temporary exemption, NEDA agreed to maintain a list of the names of the individuals who will not meet the requalification requirements with the dates of their last qualification, and NEDA agreed to conduct a communication-based exercise to ensure contingency response readiness of security personnel not participating in a quarterly drill or annual FOF exercise or both. These tasks were completed, as agreed.
At the time of submittal for the exemption request, the duration of the PHE was discussed as "not currently 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 DAEC's ability to conduct annual FOF exercises. Because the temporary exemption expires December 31, 2020, NEDA 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 by 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.
The proposed one-time exemption will apply specifically to security personnel that the temporary approved exemption applied.
NG-20-0101 Enclosure Page 2 of 4 3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The threat of the Coronavirus Disease 2019 (COVID-19) spread has resulted in the inability to safely conduct the annual force-on-force (FOF) exercise at the DAEC within calendar year (CY) 2020, as required by Title 10 of the Code of Federal Regulations (CFR) Part 73, Appendix B,Section VI, subsection C.3.(1)(1). As noted by the Centers for Disease Control and Prevention (CDC) (Reference 1), COVID-19 may spread between people who are in close contact with one another (within 6 feet), through respiratory droplets produced when an infected person coughs, breathes, sings, or talks, by airborne transmission under certain circumstances (e.g. enclosed spaces with poor ventilation) or by individuals who are infected but do not have symptoms.
Performance of FOF exercises requires significant site resources that will result in exposing multiple individuals to conditions of close contact with others. Those scenarios would conflict with CDC guidance and NextEra Energy policy for maintaining separation of 6 feet between personnel, and many of these situations would also be in enclosed areas. Areas where public health measures cannot be followed due to the performance of an FOF exercise include 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 in the proximity of one another during the exercise. In addition, there is a potential for interdepartmental exposure risks with the addition of DAEC non-Security support staff that are required to participate in the exercise, briefings, and critiques.
Modifications to the drill and exercise program to accommodate the PHE, State, and NextEra Energy Corporate Pandemic Plan mitigation strategies would jeopardize the effectiveness of the safety protocols in place to run a full-scale FOF exercise in accordance with facility procedures and regulatory guidelines.
Continued implementation of public health measures (for example, social distancing, group size limitations, remote working, etc.) taken at DAEC remain necessary to protect the health and safety of essential site personnel during the COVID-19 PHE. Participation in the annual FOF exercise with the current, rapidly increasing rate of COVID-19 infections in the towns and communities surrounding DAEC exposes additional COVID-19 risk to Security, as well as site personnel that are necessary to participate in the FOF exercise.
The proposed one-time exemption will apply specifically to security personnel that the temporary approved 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 1 O CFR 73.1, Purpose and Scope, because NEDA has continued to conduct the following training requalification requirements of Section VI of Appendix B to Part 73:
- Quarterly tactical response drills (tabletop drills completed)
- Annual firearms familiarization (completed)
- Annual daylight qualification course (completed)
- Annual night fire qualification course (completed)
- Annual tactical qualification course (completed)
- Annual physical examination (completed)
- Annual physical fitness test (completed)
- Weapons range activity (four separate range activities completed in 2020)
- Annual written exam (completed)
NG-20-0101 Enclosure Page 3 of 4 In addition, and in accordance with the approved temporary exemption, NEDA reviewed lessons-learned of past exercises, and, conducted tabletop exercises, a communication-based exercise and walkdowns of the routes of travel with all impacted security personnel. Therefore, NEDA 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 1 O CFR 73.5, Specific exemptions, states that the Nuclear Regulatory Commission may grant exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.
NEDA has evaluated the requested exemption against the criteria of 10 CFR 73.5 and determined the criteria are satisfied as described below:
- 1. This exemption is authorized by law The security training requalification requirements in Appendix B to Part 73 are 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. 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. NEDA 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 NextEra Energy Corporate Pandemic Plan mitigation strategies at DAEC. 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 strategy to protect the station against the design basis threat because NEDA 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 identified in the approved temporary exemption.
Therefore, granting the requested one-time exemption will not endanger or compromise the common defense or security, or safeguarding of the DAEC.
- 3. This exemption is otherwise in the public interest NextEra Energy's Corporate Pandemic Plan recommends isolation strategies such as sequestering, use of super crews or minimum staffing as applicable as well as social distancing, group size limitations and self-quarantining, in an event of a pandemic, to prevent the spread of the virus to the plant. Ensuring DAEC has adequate staff during the pandemic to carry out the defensive strategies of the Physical Security Plan is in the public interest.
NG-20-0101 Enclosure Page 4 of 4
5.0 CONCLUSION
As demonstrated above, NextEra Energy Duane Arnold, LLC considers that this one-time exemption request to be in accordance with the criteria of 10 CFR 73.5. Specifically, the requested 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. A one-time exemption for the conduct of 2020 annual FOF exercises at DAEC is required during and recovery from the COVID-19 pandemic.
6.0 ENVIRONMENTAL ASSESSMENT NEDA is requesting a one-time exemption from the conduct of 2020 annual FOF exercises.
Specifically,,NEDA is requesting a one-time exemption from the requirements of Section VI, C.3.(1)(1) of Appendix B of Part 73, regarding the conduct of annual FOF exercises. The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exemption.
DAEC has determined that the exemption involves no significant increase in the amdunts, 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 security 2020 annual FOF exercise requirements.
Accordingly, the proposed one-time exemption meets the eligibility criteria for categorical exclusion set forth in 1 O CFR 51.22(c)(25). Pursuant to 1 O 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. Centers for Disease Control and Prevention, "How to Protect Yourself and Others"; retrieved from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html#:-:text=%2D%20Some%20people%20without%20symptoms.)%20from
%20other%20people, accessed December 22, 2020.