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R. E. Ginna Nuclear Power Plant - Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, Section IV.F.2.c
	ML21279A112
Person / Time
Site:	Ginna
Issue date:	10/06/2021
From:	David Gudger; Exelon Generation Co
To:	; Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
	Download: ML21279A112 (27)
	v • d • e

200 Exelon Way Kennett Square, PA 19348 www.exeloncorp.com 10 CFR 50.12 October 6, 2021 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 R. E. Ginna Nuclear Power Plant Renewed Facility Operating License No. DPR-18 NRC Docket Nos. 50-244 and 72-67

SUBJECT:

R. E. Ginna Nuclear Power Plant Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, Section IV.F.2.c Pursuant to 10 CFR 50.12, "Specific exemptions," Exelon Generation Company, LLC (Exelon),

the licensee for R. E. Ginna Nuclear Power Plant (Ginna), requests U.S. Nuclear Regulatory Commission (NRC) approval of an exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Exelon requests deferring/postponing the evaluation of certain offsite elements/objectives of Ginna's biennial Emergency Preparedness (EP) exercise.

On August 24, 2021, Ginna conducted its biennial NRC-graded EP exercise as scheduled.

However, only the onsite portions of the exercise were performed. Just prior to conducting the exercise, Exelon was informed that the State of New York Office of Emergency Management (OEM) and the Federal Emergency Management Agency (FEMA), would not be available to support the Ginna exercise. The affected OROs and FEMA indicated that resources limited their availability to participate in the exercise due to their continued response to the aftermath of Hurricane/Tropical Storm Henri which occurred during the period August 21-23, 2021. The NRC was notified by letter dated August 24, 2021, that the OROs and FEMA would not be participating, and that Exelon intended to work on making arrangements to reschedule the performance of the ORO exercise objectives for later this year if possible. However, Exelon noted that if suitable arrangements could not be made, Exelon would pursue the appropriate regulatory relief.

Based on recent discussions with the affected OROs, it has been determined that rescheduling participation with the OROs to complete the applicable exercise objectives would not be feasible by December 31, 2021, as required. The OROs have indicated that ongoing efforts in response to Hurricane/Tropical Storm Henri, the significant devastation caused Hurricane/Tropical Storm Ida during the period September 1-3, 2021, and the continued COVID-19 public health emergency are impacting their resources and ability to find a suitable time to complete the necessary exercise objectives by the end of the year. Accordingly, this exemption is being pursued since it has been determined that it will not be feasible for the OROs to complete the exercise objectives by December 31, 2021, as required.

U.S. Nuclear Regulatory Commission Request for EP-Related Exemption Docket Nos. 50-244 and 72-67 October 6, 2021 Page 2 to this letter provides the basis and justification for this exemption request and addresses the exemption requirements of 10 CFR 50.12 and the guidance criteria contained in Regulatory Issue Summary (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements." Note that the onsite portion of the biennial exercise was conducted and evaluated by the NRC as scheduled on August 24, 2021. Attachment 2 provides an electronic mail message from the State of New York OEM to a wide distribution including representatives from FEMA, supporting Counties, and Exelon related to deferring/postponing the completion of ORO exercise criteria/objectives until next year. Attachment 3 includes electronic mail messages from Wayne and Monroe Counties supporting the deferral/postponement of applicable exercise objectives until 2022. Additionally, on September 1, 2021, a teleconference was held with representatives from the State of New York OEM, Exelon, FEMA, and other supporting OROs related to rescheduling certain exercise criteria/objectives until sometime in 2022. As a result of the discussions, FEMA indicated that they were not opposed to postponing FEMA-evaluated exercise criteria/objectives until 2022.

Subsequently, during a telephone conversation between Exelon and FEMA representatives on October 1, 2021, FEMA noted that completion of the remaining exercise criteria/objectives must occur prior to July 20, 2022. Attachment 4 provides a Memorandum of Record from the State of New York OEM to County, State, Licensee, and Federal stakeholders concerning the postponement of completing certain Ginna 2021 exercise criteria/objectives for OROs until later in 2022.

It is requested that NRC grant this exemption by December 31, 2021.

This exemption request contains no new regulatory commitments.

If you have any questions or require additional information, please contact Rory Flynn (Manager, Emergency Preparedness) at 267-533-1764.

Respectfully, David T. Gudger Sr. Manager, Licensing Exelon Generation Company, LLC Attachments: 1) Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c

2) State of New York OEM Electronic Mail Message Related to Deferring Completion of ORO Exercise Criteria/Objectives

3) Wayne and Monroe Counties Electronic Mail Messages Related to Deferring Completion of ORO Exercise Criteria/Objectives

4) State of New York OEM Memorandum of Record Concerning Postponement of Certain Ginna 2021 Exercise Objectives cc: w/ Attachments Regional Administrator - NRC Region I NRC Senior Resident Inspector - Ginna NRC Project Manager, NRR - Ginna A. L. Peterson, NYSERDA B. Frymire, NYSPSC

ATTACHMENT 1 R. E. Ginna Nuclear Power Plant Docket Nos. 50-244 and 72-67 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 1 of 13 Appendix E,Section IV.F.2.c ATTACHMENT 1 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Purpose The following information provides the basis for an exemption request from the requirements of 10 CFR 50, Appendix E, Section IV.F.2.c. Specifically, Exelon Generation Company, LLC (Exelon) is requesting to reschedule certain offsite response organization (ORO) exercise criteria/objectives that were scheduled for the August 24, 2021, R. E. Ginna Nuclear Power Plant (Ginna) biennial Emergency Preparedness (EP) exercise until no later than July 20, 2022.

This exemption request is based on special circumstances that were unavoidable due to the impact of Hurricane/Tropical Storm Henri, Hurricane/Tropical Storm Ida, and the ongoing impacts of the COVID-19 public health emergency (PHE) on the availability of ORO resources.

The State of New York Office of Emergency Management (OEM), the Counties of Wayne and Monroe, and other Local government agencies have been adversely affected by these events such that finding a suitable time to complete the necessary ORO exercise criteria/objectives by December 31, 2021, is not feasible. This request for exemption is consistent with the guidance specified in Regulatory Issue Summary (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24, 2006 (Reference 1). Additionally, restrictions due to the COVID-19 PHE continue in the State of New York impacting resources making it difficult for OROs to effectively coordinate and schedule a time to complete the exercise objectives by the end of 2021. The NRC previously issued guidance in a letter dated May 14, 2020, related to granting exemptions for emergency preparedness biennial exercise requirements during the COVID-19 PHE. Although the guidance was scheduled to expire in 2020, this exemption request is consistent with the guidance in the NRC's May 14, 2020, letter (Reference 2).

10 CFR 50, Appendix E, Section IV.F.2.c stipulates the following:

2. The plan shall describe provisions for the conduct of emergency preparedness exercises as follows: Exercises shall test the adequacy of timing and content of implementing procedures and methods, test emergency equipment and communications networks, test the public alert and notification system, and ensure that emergency organization personnel are familiar with their duties.

c. 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. If two different licensees each have licensed facilities located either on the same site or on adjacent, contiguous sites, and share most of the elements defining co-located licensees, then each licensee shall:

(1) Conduct an exercise biennially of its onsite emergency plan;

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 2 of 13 Appendix E,Section IV.F.2.c (2) Participate quadrennially in an offsite biennial full or partial participation exercise; (3) Conduct emergency preparedness activities and interactions in the years between its participation in the offsite full or partial participation exercise with offsite authorities, to test and maintain interface among the affected State and local authorities and the licensee. Co-located licensees shall also participate in emergency preparedness activities and interaction with offsite authorities for the period between exercises; (4) Conduct a hostile action exercise of its onsite emergency plan in each exercise cycle; and (5) Participate in an offsite biennial full or partial participation hostile action exercise in alternating exercise cycles.

Special Circumstances Ginna planned and scheduled the full-participation and Federal Emergency Management Agency (FEMA) evaluated biennial exercise for August 24, 2021. Just prior to the exercise, Exelon was informed that the State of New York OEM and the Federal Emergency Management Agency (FEMA), would not be available to support the Ginna exercise. The affected OROs and FEMA indicated that resources limited their availability to participate in the exercise due to their continued response to the aftermath of Hurricane/Tropical Storm Henri which occurred during the period August 21-23, 2021. The storm significantly impacted portions of the Northeast and the Governor of the State of New York declared a State of Emergency and the President approved the emergency declaration in response to the storm.

Although the affected OROs and FEMA were unable to participate in the scheduled exercise for August 24, 2021, Exelon proceeded with the onsite portion and completed the required objectives. The onsite portion of the exercise was evaluated by the NRC. The NRC was notified by letter dated August 24, 2021 (Reference 3), that the affected OROs along with FEMA would not be participating in the exercise.

Following Hurricane/Tropical Storm Henri, the Northeast experienced the remnants of Hurricane/Tropical Storm Ida during the period September 1-3, 2021, which resulted in historic and catastrophic flooding causing widespread devastation throughout the Northeast area. The Governor of the State of New York declared a State of Emergency and the President approved a major disaster declaration in response to the storm.

The State of New York OEM and other affected OROs continue to provide dedicated resources in supporting the recovery efforts as a result of these storms. In addition, the COVID-19 PHE restrictions continue in the State of New York, which are having impacts on ORO resources.

Together these issues are affecting the ability of the OROs to coordinate and schedule a suitable time to complete the necessary exercise criteria/objectives by December 31, 2021.

The State of New York OEM arranged for a teleconference on September 1, 2021, with representatives from FEMA, affected County OROs, and Exelon representatives to discuss

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 3 of 13 Appendix E,Section IV.F.2.c efforts regarding the feasibility of completing the necessary ORO criteria/objectives by December 31, 2021. Several potential dates to reschedule the applicable exercise criteria/objectives were discussed and the OROs were unable to schedule any acceptable dates. The State of New York OEM proposed that the exercise be done in the second quarter of 2022 (2Q22) and this recommendation was not opposed. However, as noted in Attachment 2, the remaining criteria need to be evaluated before July 20, 2022, without the requirement of seeking further postponement approval from FEMA Headquarters. Therefore, this provides the basis for requesting the deferral/postponement of completing the remaining criteria/objectives until no later than July 20, 2022.

The State of New York OEM has subsequently provided notification to Exelon, FEMA, and other supporting OROs, regarding the request to defer/postpone the completion of the remaining criteria/objectives for the Ginna EP exercise. Attachment 2 includes an electronic mail message from the State of New York OEM to various organizations (i.e., Exelon, FEMA, and supporting ORO Counties) which notes the following:

"We were not able to find a suitable window of available dates in 2021 to accommodate the FEMA evaluation of the remaining criteria for the postponed Ginna Biennial exercise. Both NYS and FEMA agree that the best course of action is to demonstrate the remaining criteria in the spring or early summer of 2022. The remaining criteria needs to be evaluated before the end of July 2022 without the requirement of seeking further postponement approval from FEMA HQ. It is our intention to conduct the remaining exercise elements before the end of July 2022." includes electronic mail messages from Wayne and Monroe Counties supporting the deferral/postponement of applicable exercise objectives as discussed in the above State of New York OEM message which is included in Attachment 2. Additionally, as a result of the September 1, 2021, teleconference discussions noted above, FEMA indicated that they were not opposed to postponing FEMA-evaluated exercise criteria/objectives until 2022.

Subsequently, during a telephone conversation between Exelon and FEMA representatives on October 1, 2021, FEMA noted that completion of the remaining exercise criteria/objectives must occur prior to July 20, 2022. Attachment 4 provides a Memorandum of Record from the State of New York OEM to County, State, Licensee, and Federal stakeholders concerning the postponement of completing certain Ginna 2021 exercise criteria/objectives for OROs until later in 2022.

Exelon has taken reasonable efforts to facilitate and reschedule the completion of the EP exercise criteria/objectives requiring FEMA evaluation prior to December 31, 2021. However, these efforts were unsuccessful based on the affected ORO abilities and resources to coordinate and schedule a convenient time to complete the required criteria/objectives prior to the end of the year.

NRC RIS 2006-03 states that to accommodate the scheduling of exercises, the NRC has allowed licensees the flexibility to schedule their exercises at any time during the biennial calendar year. Ginna typically conducts its EP full-participation biennial exercises in the third quarter (3Q) of odd numbered years (e.g., 2019, 2021, etc.). Ginna coordinates and selects this time frame during scheduling conferences, which take into consideration the scheduling aspects of other EP exercises in NRC Region I, FEMA resources, and resources of the State of New York OEM and other affected OROs supporting Ginna.

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 4 of 13 Appendix E,Section IV.F.2.c As noted above, Ginna did conduct the onsite portion of the scheduled biennial full-participation EP exercise as scheduled on August 24, 2021, although the affected OROs and FEMA were unable to participate. The onsite portion of the exercise was evaluated by the NRC and the evaluation results are documented in NRC Inspection Report 000244/2021501 (ML21271A046),

dated September 29, 2021. The last Ginna EP full-participation biennial exercise was conducted on August 20, 2019. This exercise involved completing objectives for the onsite and offsite functions which were evaluated by the NRC and FEMA respectively.

Ginna made a good faith effort to comply with the requirements in 10 CFR 50, Appendix E, Section IV.F.2.c to conduct the full-participation, FEMA-evaluated, biennial EP exercise as scheduled on August 24, 2021. An extensive amount of planning was performed, a challenging scenario was developed, and the submission of the exercise scenario was completed as required as documented in a June 22, 2021, letter (Reference 4) from Exelon to the NRC.

However, due to the unforeseen circumstances of the storms and ongoing COVID-19 restrictions which are adversely impacting ORO resources and their ability to schedule a suitable time to complete the required exercise objectives by December 31, 2021, regulatory relief is being pursued.

The tables below list organizations and exercise criteria which will be rescheduled to no later than July 20, 2022.

Organizations Rescheduling Their Participation Until No Later Than July 20, 2022 New York State

New York State Watch Center

NYS Office of Emergency Management

NYS Department of Health

NYS Information and Technology

NYS Dept. of Homeland Security and Emergency Services

New York State Police Private Organizations

Exelon Corporation - R. E. Ginna Nuclear Power Plant

WHAM Radio Station Federal Jurisdictions

Federal Bureau of Investigation

Federal Emergency Management Agency

U.S. Department of Agriculture

United States Nuclear Regulatory Commission

Department of Homeland Security Risk Jurisdictions

Monroe County Department of Public Health

Monroe County Department of Public Safety

Monroe County/City of Rochester Emergency Communications Department (911)

Monroe County Office of Emergency Management Agency

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 5 of 13 Appendix E,Section IV.F.2.c

Monroe County Executive

Monroe County Information Services

Monroe County Liaison

Monroe County Probation

Monroe County Public Information Officer

Monroe County Public Safety Communications

Monroe County Sheriffs Office

Wayne Board of Supervisors

Wayne County Emergency Medical Services

Wayne County Information Technology

Wayne County Liaison

Wayne County Office of Emergency Management

Wayne County Public Health Department

Wayne County Public Information Officer

Wayne County Department of Public Works

Wayne County Sheriffs Office

Wayne County 911

Wayne County Office of Aging and Youth List of Criteria Rescheduled to No Later Than July 20, 2022 Criteria EP functions evaluated at the State, County, and Local Offsite (FEMA Response Organizations (OROs)

Program Manual -

Radiological Emergency Preparedness) 1 Emergency Operations Management 1.a.1 Mobilization 1.c.1 Direction and Control 1.d.1 Communications Equipment 1.e.1 Equipment and Supplies to Support Operations 2 Protective Action Decision-Making 2.a.1 Emergency Worker Exposure Control 2.b.2 Dose Assessment & PADs for General Public 2.c.1 PADs for Persons with Disabilities and Access/ Functional Needs 3 Protective Action Implementation 3.a.1 Implementation of Emergency Worker Exposure Control 3.b.1 Implementation of KI Decision for Institutionalized Individuals and the General Public 3.d.2 Impediments to evacuation are identified and resolved.

5 Emergency Notification and Public Information 5.a.1 Activation of the Prompt Alert and Notification System 5.b.1 Emergency Information and Instructions for the Public and the Media

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 6 of 13 Appendix E,Section IV.F.2.c Justification for the Exemption In accordance with 10 CFR 50.12(a)(1), the U.S. Nuclear Regulatory Commission (NRC) may grant exemptions from certain requirements of the 10 CFR 50 regulations that are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

1. This exemption request is authorized by law:

In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR 50 if the exemption is authorized by law. The proposed exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by the exemption. The proposed exemption will continue to serve the underlying purpose of the regulation. The underlying purposes for conducting a biennial exercise are to test the adequacy of emergency plans, to ensure that emergency response organization personnel are familiar with their duties, and to identify and correct weaknesses. The activities performed during Ginna's off-year exercise performed on August 25, 2020, and the practice exercise on July 27, 2021, along with several out-of-sequence drills that were conducted, demonstrate that these underlying purposes of conducting an exercise have been met.

2. This exemption request will not present an undue risk to the public health and safety:

Adequate emergency response capabilities have been maintained and demonstrated since the last Ginna full-participation biennial exercise (August 20, 2019) through the conduct of station performance indicator (PI) drills, the August 25, 2020 off-year exercise, and out-of-sequence (OOS) activities demonstrated by Wayne and Monroe Counties in advance of the scheduled August 24, 2021, Ginna biennial EP exercise.

The last biennial exercise involving full participation of both onsite and offsite response organization was completed on August 20, 2019. This exercise involved NRC evaluation of the onsite emergency response functions and capabilities as well as a FEMA evaluation of response functions and capabilities of the affected OROs. This exercise was deemed to be successfully completed as documented in an NRC Inspection Report (05000244/2019501)

(ML19263A647), dated September 19, 2019, and a FEMA After Action Report (R.E. Ginna Nuclear Power Plant - NY Radiological Emergency Preparedness Exercise - Exercise Date:

08/20-21/2019), dated December 16, 2019. The NRC report indicated that the exercise was completed satisfactorily and for the onsite aspect and there were no findings or violations of more than minor significance. The FEMA report indicated that based on the results of the exercise, offsite radiological emergency response plans and preparedness for the State of New York OEM and the affected local jurisdictions of Monroe and Wayne Counties are deemed adequate to provide reasonable assurance that appropriate measures can be taken to protect the health and safety of the public in the event of a radiological emergency.

Exercises/Drills Since the last full-participation exercise in 2019, Ginna has completed nine (9) full-scale, integrated PI drills on:

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 7 of 13 Appendix E,Section IV.F.2.c

09/12/2019

10/24/2019

02/11/2020

06/25/2020

07/14/2020

12/08/2020

01/26/2021

04/13/2021

05/25/2021 Ginna successfully completed an off-year EP exercise on August 25, 2020, in which the State of New York OEM and both Wayne and Monroe Counties participated for Notification (Criterion 1.a.1) only. Wayne County completed their medical drill (transport and hospital, Criteria 3.a.1, 3.b.1, 6.d.1) on December 15, 2020 (April 17, 2020 actual medical event was also credited). COVID-19 PHE restrictions were in place at the time the exercise was conducted.

In advance of the biennial August 2021 exercise, an exercise planning team comprised of FEMA, State of New York, Wayne County, Monroe County, Exelon Corporate and Ginna representatives met seven (7) times to negotiate the extent of play for the exercise (i.e.,

04/01/21, 04/13/21, 05/18/21, 06/01/21, 07/21/21, 08/03/21, and 08/17/21). In advance of the biennial August 2021 exercise, Wayne and Monroe Counties successfully demonstrated the functions noted in the table below during OOS activities that were evaluated by FEMA in 2020 and 2021.

Out-of-Sequence Activities Date Wayne & Monroe County day care training and interviews September 2021 Wayne County Dose Assessment & Field Monitoring Teams July 2021 Monroe County Dose Assessment & Field Monitoring Teams Ginna's State-evaluated Practice Exercise Monroe County RTS Bus Drivers June 2021 Monroe County Law enforcement - Monroe County Sheriff & Webster Police Newark-Wayne Community Hospital (NWCH) - Medical Services-1 (MS-1)

Wayne County Law Enforcement - Wayne County Sheriff & NY State Police Wayne County Bus Drivers - Newark & Palmyra-Macedon Rochester General Hospital MS-1 Route Alerting for five (5) Fire Stations in Wayne County (Walworth, Lincoln, 2020 During Marion, Williamson, and Ontario Fire Departments) Pandemic Reception & Congregate Care Centers @ Newark High School Reception & Congregate Care Centers @ Palmyra-Macedon High School In addition to the evaluations described above, the following drills have been performed in 2019, 2020, and 2021. Not all of these drills listed below have exercised the proposed

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 8 of 13 Appendix E,Section IV.F.2.c rescheduled functions; however, the list is provided to show the continuing level of engagement in EP activities for Ginna, the State of New York, and the supporting local OROs.

Exercises/Drills 2019 - 2021 Ginna Previous Exercise Table Date Drill/Exercise Notes 07/23/2019 2019 Pre-Exercise Full ORO Participation 08/20/2019 2019 NRC-Graded Exercise Full ORO participation 09/12/2019 Station PI Drill 10/24/2019 Station PI Drill 02/05/2020 Medical Drill The onsite portions of this were completed on 12/15/2020 (portion also completed by 04/17/2020) 02/11/2020 Station PI Drill 06/25/2020 Station PI Drill 07/14/2020 Station PI Drill 08/25/2020 2020 Off-Year Exercise NYS OEM Notification only Wayne County limited activation Monroe County limited activation 12/08/2020 Station PI Drill 01/26/2021 Station PI Drill 04/13/2021 Station PI Drill 05/25/2021 Station PI Drill 07/27/2021 2021 Pre-Exercise NYS OEM limited activation Wayne County limited activation Monroe County limited activation 08/24/2021 2021 NRC-Graded Exercise No offsite participation The OROs for Wayne and Monroe Counties participated during the July 27, 2021, practice exercise and were evaluated by the State. Following the practice exercise, coaching and additional training was provided where necessary to correct performance gaps.

Actual Events In response to the impacts of Hurricane/Tropical Storm Henri and Hurricane/Tropical Storm Ida, the State of New York OEM activated to at least Level 3 (Partial Activation). This level is warranted when multi-agency coordination is necessary in preparing for, or responding to, an incident. This level warrants the activation of several command and general staff positions, State of New York OEM staff, and a partial activation of a limited number of State emergency support functions.

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 9 of 13 Appendix E,Section IV.F.2.c Training In addition to exercises/drills performed since the last biennial exercise at Ginna, the following training has been accomplished with the local OROs.

Wayne County - 2020 Date Agency Course 01/16/2020 Palmyra Fire Dept. Basic Radiation Emergency Worker (BREW) 02/05/2020 Newark-Wayne Community Hospital Rad Training 02/10/2020 Newark Fire Dept. BREW 02/13/2020 Newark-Wayne Community Hospital Rad Training 02/27/2020 Newark Central School District BREW 03/05/2020 Wayne Central School District BREW 06/15/2020 Newark Fire Dept. BREW Reception Center Training 06/18/2020 Fairville Fire Dept. BREW Reception Center Training 06/22/2020 Marbletown Fire Dept. BREW Reception Center Training 06/23/2020 Lincoln, Marion, Ontario, Walworth, BREW/Route Notification Williamson Fire Depts.

06/24/2020 Department of Social Services Reception Center Training 06/29/2020 Newark, Fairville, Marbletown Fire Depts., Reception Center Training Civil Air Patrol 06/30/2020 Lincoln, Marion, Ontario, Walworth, FEMA Exercise Route Notification Williamson Fire Depts.

06/30/2020 Various FEMA Exercise Reception Center 07/16/2020 Palmyra Fire Dept. BREW Reception Center Training 07/20/2020 East Palmyra Fire Dept. BREW Reception Center Training 07/27/2020 Macedon Center and South Macedon Fire BREW Reception Center Training Depts.

07/30/2020 Various Organizations FEMA Exercise Reception Center 08/25/2020 Various Organizations Ginna Exercise 10/13/2020 Wayne EMO Emergency Action Level (EAL)

Training 10/20/2020 Sodus Central School District BREW 11/17/2020 Marion Fire Dept. BREW/Route Notification 12/28/2020 Walworth Fire Dept. BREW/Route Notification Monroe County - 2020 Penfield Fire Dept. Fire Webster Fire Dept. Fire All done by computer- West Webster Fire Dept. Fire based Henrietta Fire Dept. Fire training in Ridge Road Fire Dept. Fire 2020 Webster Police Dept. Law Monroe County Sheriff's Marine Unit Law

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 10 of 13 Appendix E,Section IV.F.2.c Monroe County Sheriff's Dept. Law Webster School Bus Drivers Bus Drivers RTS Bus Drivers RTS Access Bus Drivers Penfield Highway Highway Dept Webster Highway Highway Dept Monroe County DOT Highway Dept Monroe County OEM EALs In addition to the training conducted above for Monroe County, the County has also conducted and completed training in 2021 for:

Law Enforcement Training with Webster Police Dept. and Monroe County Sheriff's Office

Webster School Bus Drivers

RTS Bus Drivers

Public Information Officer Training

Command Training

Daycare Training

MS-1 training at Rochester General Hospital

Fire Depts., Highway, and DOT have access to training via a computer-based format In addition to the training conducted above for Wayne County, the County has also conducted and completed training in 2021 for:

Pultneyville, East Williamson, and Lincoln Fire Depts.

Department of Social Services Reception Center

MS-1 training at NWCH (which included FEMA exercise)

Wayne County Sheriff's Office Field Monitoring Team training

Wayne County Sheriff's Office Police Department

Western Wayne Ambulance - EMS training

Wayne County Sheriff's Office /NY State Police - FEMA Drill

Newark Central School District - FEMA Drill

Pal-Mac Central School District - FEMA Drill

Wayne County Dose Assessment - FEMA Drill

Wayne County Field Monitoring - FEMA Drill

Various Organizations - New York State Exercise

Various Day Care organizations - FEMA Exercise Regulatory Issue Summary (RIS) 2006-003, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24, 2006 (ML053390039), provides guidance for Part 50 licensees seeking exemptions related to ORO exercise participation. The NRC also issued guidance in a letter dated May 14, 2020, describing a process for requesting regulatory relief related to conducting EP exercises due to the COVID-19 PHE. Although the guidance in the May 14, 2020, letter expired at the end of 2020, the requested exemption for Ginna is consistence with the guidance in the NRC's letter.

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 11 of 13 Appendix E,Section IV.F.2.c Examples of circumstances that may require an exemption request are the impact of natural disasters on emergency preparedness and response personnel, real events on or near the scheduled exercise date, and unavoidable changes to schedules which result in the unavailability of a key exercise player or facility.

If an offsite authority notifies a licensee of its inability to participate in a scheduled exercise, or other events or circumstances make it impractical to conduct the exercise as scheduled, the licensee should decide whether to postpone the entire exercise or conduct the exercise without all required offsite authorities. If a licensee conducts a biennial exercise as scheduled but is unable to include all appropriate ORO authorities (e.g., State or Local emergency management agency participation), which is the case for Ginna, only an exemption to paragraph IV.F.2.c is required. As noted, Exelon was informed that it is not feasible for the affected OROs to reschedule a time to complete the required FEMA-evaluated criteria/objectives by December 31, 2021, based on the unforeseen circumstances described above.

The underlying purposes for conducting a biennial exercise are to ensure that emergency response organization personnel are familiar with their duties, to test the adequacy of emergency plans, and to identify and correct weaknesses.

Based on the information provided above related to drills, exercises, and training that have been performed since the last biennial exercise in 2019, it is reasonable to assume that deferring/postponing the completion of the FEMA-evaluated exercise criteria/objectives until no later than July 20, 2022, would not result in a reduction in effectiveness of the Ginna E-Plan. The affected OROs will still maintain the ability to effectively respond in the event of actual emergency at Ginna.

Precedent This Ginna exemption request is similar to an exemption received for Oyster Creek Nuclear Generating Station (OCNGS) as approved by the NRC on December 22, 2011 (Reference 5). Exelon submitted the request for exemption for OCNGS on September 30, 2011 (Reference 6).

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

The common defense and security are not affected by this exemption request.

This exemption requests NRC approval to extend/postpone until no later than July 20, 2022, the completion of certain exercise criteria/objectives that were not conducted during the scheduled August 24, 2021, Ginna full-participation biennial EP exercise. This exemption is needed due to the special circumstances resulting from the significant impacts of Hurricane/Tropical Storm Henri, Hurricane/Tropical Storm Ida, and continued COVID-19 restrictions on the resources of the State of New York OEM, the Counties of Wayne and Monroe, and Local OROs and their ability to schedule a suitable time to complete the applicable exercise functions/objectives by December 31, 2021. Functions rescheduled have been evaluated since the last performance of the Ginna biennial exercise.

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 12 of 13 Appendix E,Section IV.F.2.c Granting this exemption will maintain focus on nuclear safety and security; therefore, it is ultimately in the interest of common defense and security. Pursuant to 10 CFR 50.12(a)(2),

the NRC will consider granting an exemption from the regulation if special circumstances are present. This exemption request meets this requirement since special circumstances are present as a result of the significant impacts of Hurricane/Tropical Storm Henri, Hurricane/Tropical Storm Ida, and continued COVID-19 restrictions.

Additionally, the exemption would provide only temporary relief from the 10 CFR 50, Appendix E, Section IV.F.2.c requirements. The offsite functions will be evaluated during a rescheduled exercise to be completed by no later than July 20, 2022.

Environmental Assessment If the requested exemption is approved by the NRC, certain offsite exercise criteria/objectives that were scheduled for completion during the August 24, 2021, Ginna 2021 full-participation FEMA-evaluated biennial emergency exercise would be deferred/postponed until no later than July 20, 2022. Whether or not these functions/objectives were conducted as originally scheduled would not have an effect on the environment since any outdoor activity during an exercise is limited to minimal use of roads and highways. The proposed action would not significantly increase the probability or consequences of an accident, change the types or quantities of radiological effluents that may be released offsite, or result in a significant increase in public or occupational radiation exposure since there would be no change to facility operations that could create a new accident or affect a previously analyzed accident or release path.

Since the proposed action would not have any adverse environmental effects, there are no alternatives available for reducing or avoiding adverse environmental effects. With regard to non-radiological impacts, no changes would be made to non-radiological plant effluents or activities that would adversely affect the environment. Therefore, no significant non-radiological impacts would be associated with the proposed action.

There are no Federal permits, licenses, approvals or other entitlements which must be obtained in connection with the proposed action. The proposed action is not subject to any environmental quality standards or requirements imposed by Federal, State, regional, or local agencies having responsibility for environmental protection.

Conclusion Based on the previously discussed information, a one-time exemption from the requirements of Section IV.F.2.c of Appendix E to 10 CFR 50 to defer/postpone specific functions/objectives of the biennial Emergency Preparedness exercise as identified above until no later than July 20, 2022, is requested for Ginna. This requested exemption is authorized by law, will not present an undue risk to the public health and safety, is consistent with the common defense and security, and special circumstances are present as set forth in 10 CFR 50.12(a)(2).

R. E. Ginna Nuclear Power Plant Attachment 1 Request for Exemption Related to 10 CFR 50, Page 13 of 13 Appendix E,Section IV.F.2.c References

1. NRC Regulatory Issue Summary (RIS) 2006-03, Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements, dated February 24, 2006 (ML053390039).

2. NRC Letter - Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for All Licensees During the Coronavirus Disease 2019 Public Health Emergency, dated May 14, 2020 (ML20120A003).

3. Letter from David T. Gudger, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - R. E. Ginna Nuclear Power Plant - 2021 Emergency Preparedness Biennial Exercise Scenario and Status, dated August 24, 2021.

4. Letter from David T. Gudger, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - R. E. Ginna Nuclear Power Plant - 2021 Emergency Preparedness Biennial Exercise Scenario, dated June 22, 2021.

5. Letter from U.S. Nuclear Regulatory Commission to Michael J. Pacilio, Exelon Generation Company, LLC - Oyster Creek Nuclear Generating Station - Request for Exemption from Emergency Preparedness Title 10 of the Code of Federal Regulations Part 50, Appendix E (TAC No. ME7220), dated December 22, 2011 (ML113410293).

6. Letter from Michael D. Jesse, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - Oyster Creek Nuclear Generating Station Exemption Request from the Biennial Emergency Preparedness Exercise Requirement in 10 CFR 50, Appendix E, Section IV.F.2.c, dated September 30, 2011 (ML112730283).

ATTACHMENT 2 R. E. Ginna Nuclear Power Plant Docket Nos. 50-244 and 72-67 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c State of New York OEM Electronic Mail Message Related to Deferring Completion of ORO Exercise Criteria/Objectives Page 1 of 2 From: Costello, Brett A:(Exelon Nuclear)

To: Flynn, Rory F:(Exelon Nuclear)

Cc: Gropp Jr, Richard W:(Exelon Nuclear)

Subject:

FW: 2021 Ginna Exercise Postponement Date: Thursday, September 23, 2021 11:23:07 AM From NYS DHSES. Data for our exemption package.

From: Machina, Gary (DHSES) <Gary.Machina@dhses.ny.gov>

Sent: Thursday, September 23, 2021 10:58 AM To: Henry, Timothy P <TimHenry@monroecounty.gov>; George W Dorgan Jr

<GeorgeDorgan@monroecounty.gov>; G Bastedo <gbastedo@co.wayne.ny.us>; O'Toole, John

<JOtoole@co.wayne.ny.us>; Fellows, Ronald:(Exelon Nuclear) <ronald.fellows@exeloncorp.com>; Kraft, Peter A:(Exelon Nuclear) <peter.kraft@exeloncorp.com>; Hightower, Tony:(Exelon Nuclear)

<Anthony.Hightower@exeloncorp.com>; Gillard, Julie E:(Exelon Nuclear)

<julie.gillard@exeloncorp.com>; Costello, Brett A:(Exelon Nuclear)

<brett.costello@exeloncorp.com>; ONeill, Susan (Susan.ONeill@fema.dhs.gov)

<Susan.ONeill@fema.dhs.gov>; Cullen, William R (William.Cullen@fema.dhs.gov)

<William.Cullen@fema.dhs.gov>; Malone, Kevin <Kevin.Malone@fema.dhs.gov>; Tifft, Doug

<Doug.Tifft@nrc.gov>; Damiani, Alex H (HEALTH) <alex.damiani@health.ny.gov>; Costello, Cynthia A (HEALTH) <cynthia.costello@health.ny.gov>; Frymire, Bridget <Bridget.Frymire@dps.ny.gov>

Cc: OHara, Dan (DHSES) <Dan.OHara@dhses.ny.gov>; Wacha, Jennifer (DHSES)

<Jennifer.Wacha@dhses.ny.gov>; Franklin, Matt (DHSES) <Matt.Franklin@dhses.ny.gov>; Natarajan, Nikhil (DHSES) <Nikhil.Natarajan@dhses.ny.gov>; Mazzaferro, Jeffrey (DHSES)

<Jeffrey.Mazzaferro@dhses.ny.gov>; Lorette, Denise (DHSES) <Denise.Lorette@dhses.ny.gov>;

Phoenix, Amy (DHSES) <Amy.Phoenix@dhses.ny.gov>; Sanders, Eric (DHSES)

<Eric.Sanders@dhses.ny.gov>; Hallman, Hans (DHSES) <Hans.Hallman@dhses.ny.gov>; Peat, William (DHSES) <William.Peat@dhses.ny.gov>; Smith, David (DHSES) <David.Smith3@dhses.ny.gov>; Bertok, Shaun (DHSES) <Shaun.Bertok@dhses.ny.gov>

Subject:

[EXTERNAL] 2021 Ginna Exercise Postponement EXTERNAL MAIL. Do not click links or open attachments from unknown senders or unexpected Email.

Partners; We were not able to find a suitable window of available dates in 2021 to accommodate the FEMA evaluation of the remaining criteria for the postponed Ginna Biennial exercise. Both NYS and FEMA agree that the best course of action is to demonstrate the remaining criteria in the spring or early summer of 2022. The remaining criteria needs to be evaluated before the end of July 2022 without the requirement of seeking further postponement approval from FEMA HQ. It is our intention to conduct the remaining exercise elements before the end of July 2022.

It is NYSs desire to conduct only one Ginna exercise in 2022 and then start our biennial clock over with the next Ginna FEMA evaluated exercise in 2024.

Page 2 of 2 I will start the process of finding a suitable date that works for all our partners. Gary Gary Machina Chief of Radiological Emergency Preparedness Program Division of Homeland Security and Emergency Services 1220 Washington Ave, Building 22, Suite 101, Albany NY 12246-2251 (518) 292-2256 l (518) 577-9431 l <gary.machina@dhses.ny.gov>

<www.dhses.ny.gov>

ATTACHMENT 3 R. E. Ginna Nuclear Power Plant Docket Nos. 50-244 and 72-67 Request for Exemption Related to 10 CFR 50, Appendix E, Section IV.F.2.c Wayne and Monroe Counties Electronic Mail Messages Related to Deferring Completion of ORO Exercise Criteria/Objectives Page 1 of 5 From: G Bastedo To: Gillard, Julie E:(Exelon Nuclear); Susan D.C. ONeill (Susan.ONeill@fema.dhs.gov); Tim Henry (TimHenry@monroecounty.gov)

Cc: EM- O"Toole, John

Subject:

RE: **VERIFICATION REQUESTED** FW: 2021 Ginna Exercise Postponement Date: Tuesday, September 28, 2021 8:04:24 AM Good morning Julie, Wayne County is in agreement to postpone the ORO portion of the exercise as Gary Machina has documented.

Please let me know if there is anything further that we can do to support your exemption request with the NRC.

Regards, George Bastedo, CEM Director, Office of Disaster Preparedness Wayne County Emergency Management 7376 Route 31 Suite 2000 Lyons NY 14489-9174 Phone: 315.946.5664 24 Hr Warning Point: 315.946.5003 Fax: 315.946.9721

<GBastedo@co.wayne.ny.us>

Go Green! Print this email only when necessary. Thank you for helping the County of Wayne be environmentally responsible.

From: Gillard, Julie E:(Exelon Nuclear) <julie.gillard@exeloncorp.com>

Sent: Monday, September 27, 2021 12:30 PM To: Susan D.C. ONeill (Susan.ONeill@fema.dhs.gov) <Susan.ONeill@fema.dhs.gov>; Tim Henry (TimHenry@monroecounty.gov) <TimHenry@monroecounty.gov>; EM- Bastedo, George

<GBastedo@co.wayne.ny.us>

Subject:

- VERIFICATION REQUESTED** FW: 2021 Ginna Exercise Postponement Good afternoon Susan, Tim and George - Would it be possible to get something in writing to verify that the Counties and FEMA are both aligned with postponing the ORO portion of the exercise as Gary has documented below?

I am supporting Ginnas NRC exemption process and this is one of the items that will prevent the need for the NRC to request additional information.

Thanks in advance, Julie Page 2 of 5 From: Machina, Gary (DHSES) <Gary.Machina@dhses.ny.gov>

Sent: Thursday, September 23, 2021 10:58 AM To: Henry, Timothy P <TimHenry@monroecounty.gov>; George W Dorgan Jr

<GeorgeDorgan@monroecounty.gov>; G Bastedo <gbastedo@co.wayne.ny.us>; O'Toole, John

<JOtoole@co.wayne.ny.us>; Fellows, Ronald:(Exelon Nuclear) <ronald.fellows@exeloncorp.com>;

Kraft, Peter A:(Exelon Nuclear) <peter.kraft@exeloncorp.com>; Hightower, Tony:(Exelon Nuclear)