ML21078A050

Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0017 (COVID-19))

ML21078A050
Person / Time
Site:	Limerick
Issue date:	04/06/2021
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Rhoades D Exelon Generation Co, Exelon Nuclear
Sreenivas V, NRR/DORL/LPLI, 415-2597
References
COVID-19, EPID L-2021-LLE-0017
Download: ML21078A050 (5)

Text

April 6, 2021 Mr. David P. Rhoades Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

LIMERICK GENERATING STATION, UNITS 1 AND 2 - EXEMPTION FROM SPECIFIC REQUIREMENTS OF 10 CFR PART 26 (EPID L-2021-LLE-0017

[COVID-19])

Dear Mr. Rhoades:

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

Part 26, Fitness for Duty Programs, Section 26.205, Work hours, for Limerick Generating Station, Units 1 and 2 (Limerick). This action is in response to the Exelon Generation Company, LLC (the licensee) application, dated March 4, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21064A002). This application cited the November 10, 2020, letter from Mr. Ho Nieh (ADAMS Accession No. ML20261H515) describing a process to request expedited review of certain exemptions from 10 CFR Part 26 during the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE).

The application provided the following information:

A statement that explains how, and for which covered groups at Limerick, the COVID-19 PHE impacts the licensees ability to meet the work-hour control requirements of 10 CFR 26.205(d)(1)-(d)(7);

A statement that describes how the licensee would use an exemption from the 10 CFR 26.205(d)(1)-(d)(7) work-hour control requirements to manage the impact of the COVID-19 PHE on maintaining plant operational safety at Limerick; A list of positions for which the licensee may implement alternative work-hour controls at Limerick upon the NRC granting the requested exemption; A list of positions at Limerick for which the licensee will maintain current work-hour controls under 10 CFR 26.205(d)(1)-(d)(7);

The date and time when the licensee will begin implementing site-specific COVID-19 PHE fatigue-management controls at Limerick for personnel specified in 10 CFR 26.4(a);

D. Rhoades A statement that the licensees site-specific COVID-19 fatigue-management controls at Limerick are consistent with the constraints outlined in the November 10, 2020, letter; and A statement that the licensee will establish alternative controls at Limerick for the management of fatigue during the period of the exemption and that, at a minimum, the controls ensure the following for individuals subject to these alternative controls:

o Individuals will not work more than 16 work hours in any 24-hour period and not more than 86 work hours in any 7-day period, excluding shift turnover; o A minimum 10-hour break is provided between successive work periods; o 12-hour shifts are limited to not more than 14 consecutive days; o A minimum of 6 days off is provided in any 30-day period; o Requirements have been established for behavioral observation and self-declaration during the period of the exemption.

Therefore, the NRC finds that the technical basis for an exemption, described in the March 28, 2020, letter from Mr. Ho Nieh (ADAMS Accession No. ML20087P237), is applicable to the licensees application.

Furthermore, although not explicitly stated as part of the licensees application, the November 10, 2020, letter also states that the controls should ensure that the calculation of work hours and days off includes all work hours and days off during the applicable calculation periods, including those work hours and days off preceding initiation of the exemption period.

The NRC previously approved an exemption request for Limerick, with the preceding exemption period ending on June 2, 2020 (ADAMS Accession No. ML20093M820).

Because the requested exemption will not begin within 14 days of the end of the most recent exemption for Limerick, the licensee has had sufficient time to manage the potential for cumulative fatigue by implementing the standard work-hour controls administered in accordance with 10 CFR Part 26. Therefore, the NRC did not request that the licensee provide additional information regarding the technical basis for its request, as discussed in the November 10, 2020, letter.

Section 26.9, Specific exemptions, of 10 CFR allows the NRC to grant exemptions from the requirements of 10 CFR Part 26, as it determines are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest.

The NRC determined that the requested exemption is permissible under the Atomic Energy Act of 1954, as amended, and other regulatory requirements. Therefore, the NRC finds that the requested exemption is authorized by law.

The underlying purpose of 10 CFR 26.205(d) is to prevent impairment from fatigue due to duration, frequency, or sequencing of successive shifts. Based on the evaluation provided in the NRCs March 28 and November 10, 2020, letters, along with the criteria discussed above,

D. Rhoades no new accident precursors are created by using whatever licensee staff resources may be necessary or available during the term of this exemption to respond to a plant emergency and to ensure that the plant maintains a safe and secure status. Therefore, the probability of postulated accidents is not increased. Also, the consequences of postulated accidents are not increased because there is no change in the types of accidents previously evaluated. The requested exemption would allow the use of licensee staff resources as may be necessary to maintain safe operation of the plant and to respond to a plant emergency. Therefore, the NRC finds that the requested exemption will not endanger life or property.

The alternative controls in the requested exemption would not be used for the licensees security staff at Limerick. The licensee will maintain current work-hour controls under 10 CFR 26.205(d)(1)-(d)(7) for security personnel. Therefore, the NRC finds that the requested exemption will not endanger the common defense and security.

Due to the impacts that the COVID-19 PHE has had on the licensees ability to comply with the work-hour controls of 10 CFR 26.205(d), the importance of maintaining the operations of Limerick, and the controls the licensee has established, the NRC finds that the requested exemption is in the public interest.

Granting the requested exemption from the requirements of 10 CFR 26.205 is categorically excluded under 10 CFR 51.22(c)(25), and there are no extraordinary circumstances present that would preclude reliance on this exclusion. The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(I), that the requirements from which the exemption is sought involve other requirements of an administrative, managerial, or organizational nature.

The NRC staff also determined that approval of this exemption involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, does not authorize changes to any of the assumptions or limits used in the licensees safety analyses, and does not 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 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 the 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. There is no significant increase in the potential for or consequences from radiological accidents because the exemption does not alter any of the assumptions or limits in the 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.

Based on the above, the NRC finds that (1) the exemption is authorized by law, (2) the exemption will not endanger life or property or the common defense and security, and (3) the exemption is otherwise in the public interest.

D. Rhoades This exemption is effective from April 19, 2021, through June 17, 2021.

Sincerely, Digitally signed by Craig G. Craig G. Erlanger Date: 2021.04.06 Erlanger 13:35:37 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: Listserv

ML21078A050 *via concurrence with model safety evaluation OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/RSB/BC* NMSS/REFS/ERLRB/BC*

NAME VSreenivas JBurkhardt ABowers RElliott DATE 03/17/2021 03/19/2021 03/30/2021 03/31/2021 CE NRR/DRO/IOLB/BC(A) OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME LNist MWoods JDanna CErlanger DATE 03/23/2021 03/25/2021 04/01/2021 04/06/2021