ML21260A244

09-14-2021 Ltr: Exemption Request for NFS NRC-Observed Force-on-Force Exercise

ML21260A244
Person / Time
Site:	Erwin
Issue date:	09/14/2021
From:	Knowles T BWXT Nuclear Fuel Services
To:	Office of Nuclear Material Safety and Safeguards
James Downs NMSS/DFM/FFL 301-415-7744
References
21 G-21-0145, ACF-21-0247, GOV-01-55-04
Download: ML21260A244 (3)

Text

Nuclear Fuel Services, Inc.

Certified Mail Return Receipt Required 21 G-21-0145 GOV-01-55-04 ACF-21-0247 September 14, 2021 Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Document Control Desk

Reference:

1) Docket No.70-143; SNM License 124

2) NFS Physical Protection Plan

3) NFS Letter, NRG-Observed Force-on-Force Exercise dated June 8, 2021 (24Y-21-0001)

4) NRC Temporary Staff Guidance No. TSG-DFM-2020-01, "Fuel Facility Requests for Regulatory Relief Related to COVID-19", 4/21/20

Subject:

Request for Exemption for NRC-Observed Force-on-Force Exercise

!Yl

Dear Sir or Madam:

Nuclear Fuel Services, Inc. (NFS) hereby requests a onetime exemption for conducting the 2021 NRG-Observed Force-on-Force exercise.

Pursuant to 10 CFR 73.46 (b)(9) , NFS will conduct Tactical Response Team and guard exercises to demonstrate the overall security effectiveness and the ability of the security force to perform response and contingency plan responsibilities and to demonstrate individual skills in assigned team duties. The NRC shall observe one of the force-on-force exercises, which demonstrates overall security system performance. NFS submitted the NRC Observed Force-on-Force Exercise on June 8, 2021. (Reference 3).

The purpose of this correspondence is to request a onetime exemption for conducting the 2021 NRG-Observed Force-on-Force exercise . If this request is granted and contingent on how COVID-19 continues to affect the local community, NFS plans to conduct the exercise during the first quarter of 2022.

The reason for requesting this exemption is COVID-19 related local conditions prevent NFS from safely conducting the Force-on-Force exercise as planned. In August 2021, the northeast Tennessee region, which includes Carter, Greene, Hawkins, Johnson, Sullivan, Unicoi (where NFS is located), and Washington counties reported a concerning resurgence in new positive COVID-19 tests . The regional hospitals provided an update on September 7 that there have been continued increases in new COVID-19 People Strong 1205 Banner Hill Rd, Erw in , TN 37650 t: +1.423.743.9141 f: + 1.423.743.0140 www.nuclearfuelservices.com INNOVATION DRIVEN >

21G-21-0145 GOV-01-55-04 ACF-21-0247 Page 2 of 3 cases in the local area due to the highly contagious Delta variant. Case counts since early July 2021 of less than 200 have increased above 6000 active cases. Over the past four days, the region reported 2,692 new positive COVID-19 cases continuing the region wide trend of increased viral spread. The regions hospitals and affected counties have also asked for everyone's help to prevent this trend from continuing. Recently the NFS facility reinstated several COVID-19 protective measures for individuals regardless of vaccination status.

Because of the rising positive COVID-19 cases in the local area and number of officers and support staff involved in this exercise, NFS has concluded that an observed exercise cannot be conducted as scheduled in September without unnecessarily increasing the risk of exposing protective force members, on-site support staff, and potentially members of the public to the COVID-19 virus.

Pursuant to NRC regulation 10 CFR 73.5, "Specific Exemptions," The Commission may, upon application of any interested person or upon its own initiative, grant such 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. The subject requirements in NFS's Physical Protection Plan concern the schedule for conducting an observed Force-on-Force exercise. NRC regulations specifically provide for exemptions in certain circumstances, and no other statutory provision would prevent the issuance of a temporary exemption from the prescribed date.

There is no undue risk to public health and safety from granting the requested exemption. The exemption is otherwise in the public interest because it will minimize the risk of exposure and potential spread of the COVID-19 virus. The requested exemption does not decrease the effectiveness of the Physical Protection Plan, nor involve changes to security at the facility. Therefore, there is no impact on common defense and security from granting the requested exemption.

We appreciate NRC's consideration of this request. If you or your staff have any questions, require additional information, or wish to discuss this matter further, please contact me at (423) 743-1705, or Mrs. Danielle Rogers, Nuclear Safety and Licensing Section Manager, at (423) 735-5475. Please reference our unique document identification number (21G-21-0145) in any correspondence concerning this letter.

Sincerely, NUCLEAR FUEL SERVICES, INC.

J~~~

Tim Knowles Safety and Safeguards Director MLD/smd

21G-21-0145 GOV-01-55-04 ACF-21-0247 Page 3 of 3 Copies:

Mr. James Downs Fire Protection Engineer Division of Fuel Management Office of Nuclear Material Safety and Safeguards US Nuclear Regulatory Commission Two White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 Regional Administrator US Nuclear Regulatory Commission, Region II 245 Peachtree Center Ave., NE, Suite 1200 Atlanta, GA 30303-1257 Mr. Joel Rivera-Ortiz Senior Fuel Facility Inspector U.S. Nuclear Regulatory Commission, Region II 245 Peachtree Center Avenue NE, Suite 1200 Atlanta, GA 30303-1257 Mr. Larry Harris NRC Senior Resident Inspector