L-21-070, Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic

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Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic
ML21074A367
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 03/15/2021
From: Tony Brown
Energy Harbor Nuclear Corp
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
L-21-070
Download: ML21074A367 (15)
v • d • e


Text

.a energy Energy Harbor Nuclear Corp.

~ harbor Davis-Besse Nuclear Power Station 5501 N. State Route 2 Oak Harbor, Ohio 43449 Terry J. Brown 419-321-7676 Site Vice President, Davis-Besse Nuclear March 15, 2021 L-21-070 10 CFR 50.12 10 CFR 50, Appendix E ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Pandemic In accordance with 10 CFR 50.12, "Specific exemptions," Energy Harbor Nuclear Corp.

requests an exemption for Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS), from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Energy Harbor Nuclear Corp. requests a one-time exemption to exclude the participation of the offsite response organization (ORO) in the biennial emergency preparedness exercise for calendar year (CY) 2021.

On January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency 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, the President of the United States of America declared the COVID-19 pandemic a national emergency. In addition, the State of Ohio and local governmental jurisdictions have issued directed health measures.

The ongoing threat of COVID-19 spread has resulted in the inability to safely conduct the May 4, 2021 exercise with full ORO participation. The State of Ohio and support counties Ottawa County (the oounty in which DBNPS is located) and Lucas County have communicated to Energy Harbor Nuclear Corp. that they have concerns with supporting the biennial exercise and maintaining protection of their staff during the current COVID-19 pandemic. Conducting the DBNPS biennial emergency preparedness exercise in CY 2021 without ORO participation places the exercise outside of the requirement of 10 CFR 50, Appendix E, Section IV.F.2 .c. Consequently, Energy Harbor Nuclear Corp.

Davis-Besse Nuclear Power Station , Unit No. 1 L-21-070 Page 2 requests a one-time exemption to exclude the participation of the ORO in the biennial emergency preparedness exercise in CY 2021.

In accordance with the provisions of 10 CFR 50.12, Energy Harbor Nuclear Corp. is requesting exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c for DBNPS. Justification for the issuance of an exemption is provided in Enclosure A and is based on the guidance provided in the Nuclear Regulatory Commission (NRG) letter dated September 2, 2020, "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" (Accession No. ML20223A152), and NRG letter dated November 10, 2020 , "U.S. Nuclear Regulatory Commission Planned Actions Related to Certain Requirements for Operating and Decommissioning Reactor Licensees During the Coronavirus Disease 2019 Public Health Emergency" (Accession No. ML20261H515). A letter of support from the State of Ohio is provided in Enclosure B. Letters of support from Ottawa and Lucas Counties are provided in Enclosures C, and D, respectively. Approval of the proposed exemption is requested by April 23, 2021.

There are no regulatory commitments contained in this submittal. If there are any questions, or if additional information is required , please contact Mr. Phil H. Lashley, Manager - Fleet Licensing , at (330) 696-7208 .

Enclosures:

A. Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirement B. Letter of Support from State of Ohio C. Letter of Support from Ottawa County D. Letter of Support from Lucas County cc: NRG Region Ill Administrator NRG Resident Inspector NRR Project Manager Executive Director, Ohio Emergency Management Agency, State of Ohio (NRG Liaison)

Utility Radiological Safety Board

Enclosure A L-21-070 Request for One-Time Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirement (5 pages follow)

Page 1 of 5 1.0

SUMMARY

DESCRIPTION In accordance with 10 CFR 50.12, Specific exemptions, Energy Harbor Nuclear Corp.

requests an exemption for Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS),

from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Energy Harbor Nuclear Corp. requests a one-time exemption to exclude the participation of the offsite response organization (ORO) in the biennial emergency preparedness exercise for calendar year (CY) 2021.

The requested exemption supports the continued implementation of the isolation activities (for example, social distancing, group size limitations, self-quarantining, and so on) to protect required ORO personnel in response to the Coronavirus Disease 2019 (COVID-19) pandemic. These activities are needed to ensure supporting state and local government personnel are isolated from the COVID-19 virus and remain capable of executing the functions of the emergency response organization, as described in the DBNPS emergency plan, as well as other non-nuclear health and safety functions for the benefit of the public.

2.0 BACKGROUND

10 CFR 50, Appendix E, Section IV.F.2.c states in part:

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.

By letter dated September 2, 2020, 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 (Accession No. ML20223A152), the Nuclear Regulatory Commission (NRC) provided clarification and additional information to power reactor licensees seeking exemption from the conduct of the CY 2020 offsite biennial exercise required by 10 CFR 50, Appendix E, Section IV.F.2.c. On November 10, 2020, the NRC issued letter, U.S. Nuclear Regulatory Commission Planned Actions Related to Certain Requirements for Operating and Decommissioning Reactor Licensees During the Coronavirus Disease 2019 Public Health Emergency (Accession No. ML20261H515), to provide guidance on the continued use of expedited processes beyond December 31, 2020 for COVID-19 related requests. In this letter, the NRC stated that the staff is prepared to consider the exemption for CY 2021, with the next performance of the exercise to be no later than the end of CY 2023. This exemption request is based on the guidance provided in the NRC letters.

The CY 2021 biennial emergency preparedness exercise with ORO participation is scheduled for May 4, 2021. The continued threat of COVID-19 spread has resulted in the

Page 2 of 5 inability to safely conduct the offsite biennial emergency preparedness exercise.

Representatives from the ORO, including the State of Ohio and support counties Ottawa County (the county in which Davis-Besse is located) and Lucas County, have communicated to Energy Harbor Nuclear Corp. that they have concerns with supporting the biennial exercise and maintaining protection of their staff during the current COVID-19 pandemic. Based on these concerns, the needed response to the pandemic, and the uncertainty of the future in this matter, the need to seek a one-time exemption regarding the ORO participation in the CY 2021 exercise was determined to be the most appropriate action. The ORO continues to maintain readiness to respond to an actual radiological emergency at DBNPS.

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control (CDC) has issued recommendations advising social distancing to prevent the spread of the COVID-19 Virus. Energy Harbor Nuclear Corp. has implemented isolation activities such as self-quarantining, group size limitations and social distancing to protect required site personnel. Ideally, this will limit the spread of the virus among the station staff. Similar isolation activities are also needed to limit the spread of COVID-19 among off-site personnel, supporting state and local governments, so they remain capable of executing the functions of the emergency response organization, as described in the emergency plan. This one-time exemption to exclude the ORO from the May 4, 2021 (CY 2021) biennial emergency preparedness exercise supports continued implementation of the isolation activities (social distancing, group size limitations, self-quarantining, and so on) to protect required ORO personnel in response to the COVID-19 PHE.

The last biennial emergency preparedness exercise was conducted on April 16, 2019.

Since that time, DBNPS has conducted drills, exercises, and other training activities that exercised its emergency response strategies, in coordination with offsite authorities, including the following:

DBNPS Integrated Drills (with partial ORO participation)

  • September 17, 2019
  • October 15, 2019
  • October 6, 2020
  • February 23, 2021 Integrated Drill (with ORO participation)
  • April 16, 2019 FEMA Evaluated Medical Services (MS-1)
  • October 22, 2019 with Jerusalem Township FD and St. Charles Hospital
  • November 17, 2020 with Carroll Township and Promedica Hospital As mentioned above, the current biennial emergency preparedness exercise at DBNPS is scheduled to be conducted on May 4, 2021. The next biennial exercise is expected to occur in May 2023 (continuing with the original schedule and remaining in odd years)

Page 3 of 5 and be coordinated with the applicable OROs, the applicable Nuclear Regulatory Commission region, and the applicable Federal Emergency Management Agency region.

Therefore, the next performance of the exercise would be no later than the end of CY 2023.

Energy Harbor Nuclear Corp. expects to continue to conduct drills, exercises, and other training activities that exercise the emergency response strategies. State and local authorities are expected to participate to the extent practical while also complying with the CDC recommendations to limit the spread of COVID-19.

Energy Harbor Nuclear Corp. has made a reasonable effort to reschedule the exercise during CY 2021 but was unsuccessful. Energy Harbor Nuclear Corp. has determined that it is not feasible to schedule the exercise in 2021 due to uncertainty of COVID-19 isolation actions. Further complicating the matter is that Emergency Operations Centers (EOCs) in Ottawa and Lucas counties are being utilized during this current PHE for distribution of personal protective equipment to frontline workers in hospitals, fire/EMS, law enforcement and healthcare agencies. Additionally, the Lucas County EOC has been activated since March 13, 2020 and is currently serving as the physical workspace for individuals supporting COVID-19 response, with many additional individuals supporting the EOC virtually. Many of the agencies and partners that are directly engaged in the COVID-19 response, are the same that support the Lucas County EOC during radiological exercises.

Therefore, an exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c is required to exclude the ORO from the May 4, 2021 biennial emergency preparedness exercise.

The ORO has indicated agreement with this exemption request. The ORO has also indicated they will maintain their current radiological emergency plans and remain able to respond to an emergency during the pandemic. The exemption from participation in the exercise does not obviate the ability to respond should an actual nuclear power plant radiological emergency occur.

4.0 JUSTIFICATION OF EXEMPTION 10 CFR 50.12, Specific exemptions, states that the NRC may grant exemptions from the requirements of the regulations of this part provided three conditions are met. They are:

(1) The exemptions are authorized by law.

(2) The exemptions will not present an undue risk to the public health and safety, and (3) The exemptions are consistent with the common defense and security.

Energy Harbor Nuclear Corp. has evaluated the requested exemption for DBNPS against the criteria of 10 CFR 50.12 and determined the criteria are satisfied as described below.

Page 4 of 5

1. This 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.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. This exemption will not present an undue risk to the public health and safety.

The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.c requiring full participation by each offsite authority having a role under the radiological response plan to be exercised biennially is to ensure that offsite response organization (ORO) personnel are familiar with their duties and to test the adequacy of the emergency plan. Energy Harbor Nuclear Corp. has conducted training drills at DBNPS with ORO participation since the last biennial exercise with no performance issues. Energy Harbor Nuclear Corp. considers the performance of the ORO to be at an acceptable level to satisfy the underlying purpose of the rule.

Exclusion of the ORO from the May 4, 2021 emergency preparedness exercise does not create any new accident precursors. The probability and consequences of postulated accidents are not increased, and an acceptable level of emergency preparedness is maintained. Therefore, there is no undue risk to public health and safety.

3. This exemption is consistent with the common defense and security.

The requested exemption excludes the ORO participation in one emergency preparedness exercise to help protect individuals from the spread of COVID-19.

This exemption has no relation to security issues. The common defense and security are not impacted by this exemption.

In addition to the three conditions discussed above, 10 CFR 50.12(a)(2) states that the NRC will not consider granting an exemption unless special circumstances are present.

Under 10 CFR 50.12(a)(2)(iv), special circumstances are present whenever the exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from the grant of the exemption. Offsite organizations are currently dealing with COVID-19 in their daily duties. Participation in the biennial exercise presents a potential health risk for those concerned, who may become exposed to COVID-19. Through this exposure, they could become unable to perform their duties during a real-life emergency.

Under 10 CFR 50.12(a)(2)(v), special circumstances are present whenever the exemption would provide only temporary relief from the applicable regulation and the

Page 5 of 5 licensee has made good faith efforts to comply with the regulation. The requested exemption to conduct the biennial emergency preparedness exercise for CY 2021 without ORO participation would grant only temporary relief from the applicable regulation. In addition, coordination of activities with current health restrictions, such as social distancing, is increasingly difficult. Based on discussion with ORO representatives, Energy Harbor Nuclear Corp. has concluded that a good faith effort has been made to comply with the regulation.

5.0 CONCLUSION

As demonstrated above, Energy Harbor Nuclear Corp. considers that this exemption request is in accordance with the criteria of 10 CFR 50.12. 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 from the biennial emergency preparedness exercise requirements of 10 CFR 50, Appendix E, Section IV.F.2.c is required during the 2021 COVID-19 Pandemic.

6.0 ENVIRONMENTAL ASSESSMENT Energy Harbor Nuclear Corp. is requesting an exemption from certain requirements of 10 CFR 50, Appendix E, for Davis-Besse Nuclear Power Station, Unit No. 1, (DBNPS).

Specifically, Energy Harbor Nuclear Corp. is requesting a one-time exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c to exclude the participation of the offsite response organization (ORO) in the biennial emergency preparedness exercise for calendar year 2021. The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exemption.

Energy Harbor Nuclear Corp. has determined that the exemption involves 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.

Accordingly, the proposed exemption meets 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.

Enclosure B L-21-070 Letter of Support from State of Ohio (1 page follows)

Mike DeWine, Governor Thomas J. Stickrath, Director Jon Husted, Lt. Governor Sima S. Merick, Executive Director February 17, 2021 Request for cancellation of the scheduled DBNPS evaluated exercise on May 4, 2021.

The State of Ohio, Ottawa and Lucas County are in agreement and are requesting that Energy Harbor seek approval of an exemption request for the 2021 Davis-Besse Evaluated Exercise. Ohio Governor DeWine has not changed the requirement for indoor gatherings of less than 10 people thus severely hampering our ability to adequately respond to a training event. Due to risks involved with COVID-19 and our partners, it is not safe at this time to assemble the required personnel to effectively stage and show for a training event. On June 23, 2020 during an NRC public meeting, I spoke to the fact that we have been in response mode since the initial outbreak of the pandemic and I requested that the NRC cancel all remaining REP exercises. The response continues and has increased for all levels of government across the state. Thus diverting attention from this real world hazard at this time when real human life is on the line, this a risk not worth taking.

Throughout this pandemic response, we have been in constant communication with all state and local partners and most of our federal partners as well as our utility partners. We are fully prepared to continue to participate virtually in all available integrated drills as these afford us the opportunity to continue to practice our dose assessment skills, executive coordination and leadership, and communication within the virtual platform. The State of Ohio, Ottawa and Lucas County remain prepared to respond to actual events at our nuclear power plants.

Chris Salz State of Ohio REP Program Manager Emergency Management Agency (614) 889-7150 2855 West Dublin-Granville Road www.ema.ohio.gov Columbus, Ohio 43235-2712

Enclosure C L-21-070 Letter of Support from Ottawa County (2 pages follow)

OTTAWA COUNTY BOARD OF COMMISSIONERS OTTAWA COUNTY EMERGENCY MANAGEMENT AGENCY THE OTTAWA COUNTY HEALTH DEPARTMENT February 1, 2021 RE: 2021 Davis.Besse Evaluated Exercise

/

To Whom It May Concern:

We are wrftlns to you to request an exemption for the offslte response organizations from the 2021 Federaly Evaluated Exercise with the DavJs..Besse Nudear Power Station currently scheduled for May 4, 2021. Due to the current COVID-19 Publlc Health Emergency (PHE), we feel that holdlng an exercise of this size Is not In the best Interest of our participants' health and safety and could Interfere with ongoing response to the PHE.

Ottawa County 15 fully trained and prepared for this blennlal Davis-Basse Nuclear Power Station exercise. Tralnlq1 has continued for all aspects of the County's response In order to successfully demonstnte our , response capability. Ottawa county has made training available to our partners via virtual opportunities so they can continue to stay proftdent In radlaloalcal responses. Annual plan updates and revisions have continued as well, and the County Is committed to staying prepared.

The County has continued to work towards being able to participate In the May 4, 2021 exerdse, If absolutely necessary. We have worked to reduce the required personnel numbers amid the ongoing safety concerns. Despite this effort, It Is not possible for us to successfully demonstrate the Emergency Operations Center (EOC) for the exercise and meet Ohio's current sroup size restrl~lons and distancing requirements Instituted for the COVID-19 PHE. If required to demonstrate *our EOC, the volunteers we utlhze to staff It would be asked to violate these COVID-19 PHE requirements. We feel that fs not a reasonable request of our publlc safety agency to make of our local responders. Addltlonally, further compllcatlng the matter Is that our EOC Is being utilized during this cu"ent PHE to provide personal equipment to our frontllne workers.

Due to our continued partnerships and the hard work we continue to witness from our first responders an~. volunteers In the midst of this pandemic, we remain confident In our preparedness for an actual emergency at Davis-Besse or any other type of emergency. Things

have been, and continue to be challenging since lhe beginning of the COVID-19 Pandernlc, which has shifted our focus from exercise preparation to public health emergency planning, coordination and response. Hence, we Join with the Davis-Besse N1.,1clear Power Station and respectfully request that the 2021 exercise requirement be waived due to the existing pandemic situation and the constraints It has placed on us.

Sincerely, Ottawa County Board of Commissioners

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Donald A. Douglas, President

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"i Mark W. Stahl Ottawa County Emergency Management Agency Fred Petersen, Director

Enclosure D L-21-070 Letter of Support from Lucas County (1 page follows)

Board of County LLJCAS COUN~fy Commissioners Tina Skeldon Wozniak President Pete Gerken Gary L. Byers Emergency Management Agency Abby Buchhop Director January 30, 2021 RE: 2021 Davis-Besse Evaluated Exercise To Whom It May Concern:

Due to the ongoing COVID-19 Pandemic, Lucas County is requesting a waiver for the offsite response organizations from the 2021 Federally Evaluated Exercise with the Davis-Besse Nuclear Power Station scheduled for May 4, 2021. The Lucas County Emergency Operations Center (EOC) has been activated since March 13, 2020 for COVID-19 response. The Lucas County EOC is currently serving as the physical workspace for individuals supporting COVID-19 response, with many additional individuals supporting the EOC vittually.

Many of the individuals directly engaged in COVID-19 response, such as the Toledo-Lucas County Health Department, Lucas County Emergency Management Agency and partners from public safety agencies are the same partners that support the Lucas County EOC during radiological exercises. The scope of the Lucas County EOC is at its greatest point yet, through coordination of vaccine allocation and scheduling for over 6,000 vaccinations per week as Ohio transitions into Phase I B of its vaccination program. In addition to the operational support of vaccinations, many of the individuals that support public information components of the Federally Evaluated Exercise have roles in Lucas County's COVID-19 Joint Information System. Beyond support of COVID-19 vaccinations, the Lucas County EOC continues to operate a warehouse for distribution of personal protective equipment to hospitals, fire/EMS, law enforcement and healthcare agencies. While Lucas County respects the significance of the 2021 Davis-Besse Exercise, reassigning individuals to demonstrate the EOC and support the Joint Information Center directly conflicts with their current recovery missions for COVID-19.

Demonstrating a full in-person activation of the Lucas County EOC is in direct violation of Ohio's mass gathering restriction, which limits in-person gatherings to less than ten individuals. We feel that it is not a reasonable request of Lucas County's partners to request their participation in an exercise when there are ongoing staffing concerns among public safety and other partner agencies due to personnel in isolation or quarantine. Even through reduced EOC staffing and mitigation, any individuals that may be come exposed during an exercise would significantly impact COVID-19 response and operations for up to two weeks following the exercise. Throughout 320 days of a full EOC activation for COVID-19, our relationship with partners that support EOC has never been stronger and more collaborative.

Throughout 2020 and into 2021, Lucas County has continued to train and prepare for the May 4, 2021 Federally Evaluated Exercise. We are confident in Lucas County's ability to demonstrate our response capability for the Davis-Besse exercise, in addition to Lucas County's preparedness for a real-world emergency at Davis-Besse.

Lucas County supports the Davis-Besse Nuclear Power station and kindly requests a waiver for the 2021 exercise requirement.

Respectfully,

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Abby B op, Director , Commissioner Lucas County EMA - . ounty Health Depa1tment 2144 Monroe Street

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