ML21266A300
| ML21266A300 | |
| Person / Time | |
|---|---|
| Site: | BWX Technologies |
| Issue date: | 09/14/2021 |
| From: | Freudenberger R BWXT, BWXT |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| 21-050 | |
| Download: ML21266A300 (3) | |
Text
BWX Technologies, Inc.
September 14, 2021 21-050 ATTN: Document Control Desk Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
Reference:
- 1) License No. SNM-42, Docket 70-27
- 2) NRC Regulation 10 CFR 70.17, Specific Exemptions
- 3) TSG-DFM-2020-01, Dated April 21, 2020, Temporary Staff Guidance - Fuel Facility Requests for Regulatory Relief Related to COVID-19
Subject:
Exemption Request for Conducting the BWXT Nuclear Operations Group-Lynchburg Biennial Emergency Preparedness Exercise required by 10 CFR 70.22 (i)(3)(xii)
Dear Sir or Madam:
In accordance with 10 CFR 70.17 and the guidance in Reference 3, BWXT Nuclear Operations Group, Inc., Lynchburg (BWXT NOG-L) is formally requesting a one-time extension for conducting the 2021 BWXT NOG-L Biennial Emergency Preparedness (EP) Drill.
In compliance with 10 CFR 70.22 (i)(3)(xii), Exercises, Chapter 8 of the SNM-42 License Application includes the BWXT NOG-L Emergency Plan requirements for EP exercises for the site. Paragraph 4.3 of the Emergency Plan specifies the requirement that biennially BWXT NOG-L shall conduct a full-scale EP exercise that demonstrates and evaluates the capabilities of the Site EP Organization to respond to simulated emergency conditions. The last BWXT NOG-L biennial EP exercise was conducted on October 30, 2019. Due to the rising number of cases of the COVID-19 Delta variant in the Central Virginia Region, BWXT NOG-L is requesting ~ / ,/
a one-time extension for conducting our 2021 evaluated EP exercise. Should the NRC approve the exemption in this request and contingent on how the COVID-19 Public Health Emergency ~
f.. ;1 Fr* 9 (PHE) continues to affect the local community, BWXT NOG-L will conduct the biennial EP "/LI~ Z 5 D exercise on or before June 30, 2022. fV'T _s Conduct of a full-scale EP exercise will include approximately twenty Emergency Management Organization members/observers, a drill controller, and five drill evaluators in the BWXT NOG-L NH .5 Emergency Operations Center (EOC). In addition, two of the NRC inspectors on-site for the EP Drill Observation and any observers from other government agencies will also likely be present People Strong BWXT Nuclear Operations Group, Inc.
P.O. Box 785 Lynchburg, VA 24505 USA I: +1.434.522.6000 www.bwxt.com INNOVATION DRIVEN >
in the EOC. The on-scene portion of the drill will involve approximately seventy individuals including the Emergency Response team, Off-Site Response personnel, controllers, evaluators, NRC staff and other government agency observers. With respective groups of nearly thirty individuals in the EOC and nearly seventy at the incident scene, it will be extremely difficult to comply with COVID-19 isolation guidance, such as social distancing and group size limits.
BWXT NOG-L is requesting this exemption in response to the COVID-19 related resurgence in the surrounding areas and the current increase in active cases within the BWXT-NOG-L facility.
The resurgence negatively impacts BWXT NOG-L's ability to safely conduct the biennial evaluated EP exercise as planned. Since early August 2021, there has been a resurgence of positive COVID-19 cases in the Central Virginia Region with a 7-day moving average of approximately 500-600 new cases and nearly every county in Virginia has a COVID-19 case trajectory of "in surge". University of Virginia (UVA) modeling projects cases will continue to surge through the fall, reaching levels not seen in the state since the winter months of 2021.
NOG-L has also seen an increase in active employee cases and is taking steps to minimize onsite contact including the minimization of in-person meetings, reinforcement of social distancing requirements, and reinstatement of required face coverings for vaccinated personnel.
BWXT NOG-L concludes that the biennial drill cannot be conducted as scheduled due to the rising number of positive cases both in the surrounding area and within the facility. The potential risk to BWXT NOG-L staff, NRC, non-BWXT observers, local response agencies, and members of the public to COVID-19 and its variants would create an unnecessary potential for transmission due to the number of personnel required to adequately conduct a biennial exercise. Approval of this temporary exemption request will continue to support facility workplace protocols necessary to protect essential site personnel. BWXT NOG-L will continue to perform other periodic emergency drills, training and surveillances that allow personnel to stay within COVID-19 protocols and maintain emergency proficiency.
Pursuant to 10 CFR 70.17(a), the NRC may grant an exemption from the requirements of 10 CFR Part 70 if the staff determines that 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.
BWXT NOG-L has determined that granting the proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, other laws, or the Commission's regulations.
The biennial drill requirement in 10 CFR 70.22 and the BWXT NOG-L Emergency Plan concerns scheduling of an evaluated EP exercise. As stated earlier, BWXT is committed to completing the EP exercise to meet the applicable regulatory and license requirements on or before June 30, 2022.
The requested exemption does not decrease the effectiveness of the BWXT NOG-L Emergency Plan and will not impact security operations at the facility. As a result, there is no impact on the common defense and security. Furthermore, there is no undue risk to public health and safety from granting the exemption and is otherwise in the public interest because it will minimize the risk of exposure to and spread of the COVID-19 virus and its variants.
Pursuant to 10 CFR 51.22(b), no environmental assessment or environmental impact statement need be prepared in connection with approval of this request. The request is categorically excluded under 10 CFR 51.22 (c)(25)(vi)(G), and there are no extraordinary circumstances present that would preclude reliance on this exclusion. Approval of the requested exemption involves no significant hazards consideration; no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; no significant increase in BWXT Nuclear Operations Group, Inc.
People Strong P.O. Box 785 Lynchburg, VA 24505 USA I: +1.434.522.6000 www.bwxt.com INNOVATION DRIVEN >
individual or cumulative public or occupational radiation exposure; no significant construction impact; and no significant increase in the potential for or consequences from radiological accidents. As such, there are no extraordinary circumstances present that would preclude reliance on this categorical exclusion.
We appreciate the NRC's consideration of this request. If you have questions or require additional information, please contact Chris Terry, Manager of Licensing and Safety Analysis, at ctterry@bwxt.com or 434-522-5202.
Sincerely,
~ 9. .
Richard J. Ffuudenberger, Manager, Environment, Safety, Health and Safeguards BWXT Nuclear Operations Group, Inc. - Lynchburg cc: NRC, James Downs NRC, Region II NRC, Resident Inspector People Strong BWXT Nuclear Operations Group, Inc.
P.O. Box 785 Lynchburg, VA 24505 USA t: +1.434.522.6000 www.bwxt.com INNDVATIDN DRIVEN >