ML24099A152

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Trojan Independent Spent Fuel Storage Installation Part 73 Exemption
ML24099A152
Person / Time
Site: Trojan File:Portland General Electric icon.png
Issue date: 05/03/2024
From: Yoira Diaz-Sanabria
Storage and Transportation Licensing Branch
To: Felton B
Portland General Electric Co
References
EPID L-2023-LLE-0085
Download: ML24099A152 (1)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Ben Felton, Chief Operating Officer Portland General Electric Company 121 SW Salmon Street Portland, OR 97204

SUBJECT:

TROJAN INDEPENDENT SPENT FUEL STORAGE INSTALLATION -

EXEMPTION FROM SELECT REQUIREMENTS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PART 73 (ENTERPRISE PROJECT IDENTIFIER L-2023-LLE-0085 [SECURITY NOTIFICATIONS, REPORTS, AND RECORDKEEPING AND SUSPICIOUS ACTIVITY REPORTING])

Dear Ben Felton:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has approved the requested exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 73, Physical Protection of Plant and Materials, subpart T, Security Notifications, Reports, and Recordkeeping, for the Trojan Independent Spent Fuel Storage Installation (subsequently the Trojan ISFSI or Trojan). This action is in response to the application submitted by Portland General Electric Company (PGE, the licensee), dated December 14, 2023 (Agencywide Documents Access and Management System Accession No. ML23355A061). The application requested an exemption from the requirements of 10 CFR 73.1200, Notification of physical security events, paragraphs (a) through (t),

10 CFR 73.1205, Written follow-up reports of physical security events, paragraphs (a) through (e), 10 CFR 73.1210, Recordkeeping of physical security events, paragraphs (a) through (h), and 10 CFR 73.1215, Suspicious activity reports, paragraphs (a) through (f).

This request also included an exemption from the current definitions for the terms Contraband and Time of Discovery in 10 CFR 73.2, Definitions.

On March 14, 2023, the NRC issued its notice in the Federal Register (FR) for the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications (EWR) final rule (88 FR 15864). This final rule became effective April 13, 2023, with a compliance date of January 8, 2024.

The requirements for physical security event notifications, and the categories of physical security events and the timeframes by which the licensee must notify the NRC of these events, are set forth in 10 CFR 73.1200(a) through 10 CFR 73.1200(t).

The requirements for how licensees submit written follow-up reports following a licensees telephonic notification of a physical security event under 10 CFR 73.1200 are set forth in 10 CFR 73.1205(a) through 10 CFR 73.1205(e). The requirements for recordkeeping of less significant physical security events and conditions adverse to security are set forth in 10 CFR 73.1210(a) through 10 CFR 73.1210(h).May 3, 2024 B. Felton

The requirements for how licensees report suspicious activity to the NRC and other Federal agencies within a specified time are set forth in 10 CFR 73.1215(a) through 10 CFR 73.1215(f).

As part of the EWR final rule, the NRC added the definitions for Contraband and Time of Discovery to 10 CFR 73.2, Definitions, to help clarify the physical event notification requirements.

Summary of PGEs Basis for the Requested Exemption

PGE is requesting an exemption for the Trojan ISFSI from the requirements in subpart T of the EWR final rule, as described above, that would defer PGEs compliance with those provisions until December 31, 2024, or 180 days after publication of final regulatory guides (RGs),

whichever is later. PGE is also requesting an exemption for Trojan from using the new definitions for the terms Contraband and Time of Discovery in 10 CFR 73.2, Definitions, until the later of December 31, 2024, or 180 days after the NRCs publication of the final RGs.

PGE is requesting an exemption from these requirements for the Trojan ISFSI because of what it asserts are ambiguities and inconsistencies in both the final rule language and the supporting RGs. In support of the exemption request, PGE identified the following issues, among others, as ones that challenge its implementation for the Trojan ISFSI of the new subpart T reporting requirements, and certain new definitions in 10 CFR 73.2:

  • PGE stated that the introduction of the term conditions adverse to security within 10 CFR 73.1210 is undefined, and ambiguous, and will have implications for PGEs corrective action program (CAP) that currently defines specific events, situations, or occurrences, including security items, that result in a condition adverse to quality.
  • PGE stated that the inconsistencies in RG 5.62, Physical Security Event Notifications, Reports, and Records, Revision 2, dated March 2023 (ML17131A285) associated with the implementation of 10 CFR 73.1200 for 15-minute and 4-hour notifications related to contraband, and 4-hour and 24-hour event notifications associated with the discovery that an authorized weapon is either lost or uncontrolled, creates the potential for confusion and human performance error.

PGE further states that due to these concerns it is not clear what it must do to implement certain rule requirements and bring Trojan into full compliance with the rule. PGE further states that requiring it to come into compliance without full clarity on key parts of the rule would require it to make changes to its physical security plans and processes for Trojan twice - once to come into compliance with its own interpretation of the final rule (without the benefit of the revised B. Felton

guidance currently being developed by the NRC), and again when the revised NRC guidance addressing the identified ambiguities and inconsistencies is issued.

Two examples of where PGE asserts this duplicative work will be required are:

  • Revisions of associated procedures/processes, job aids, training materials and lesson plans that are used to describe and elaborate on reporting requirements.
  • The re-training of impacted station personnel with updated information contained within the revised guidance documents.

PGE believes that the burden associated with this duplication of work is unnecessary while the NRC clarifies these ambiguities and inconsistencies and therefore affects efficient and effective implementation of the rule.

PGE stated that if the exemption is granted, it will continue to comply with the security event reporting requirements for Trojan as they existed prior to March 2023, consistent with its current NRC-approved security plan and its site security procedures. PGE will continue to implement its current CAP that identifies security-related conditions that are adverse to quality. Additionally, it will continue to use the definitions for the terms Contraband and Discovery (time of) embodied in the Trojan site security plan, consistent with how these terms are currently defined in RG 5.76, Revision 1. Consistent with the current Trojan site security plan, PGE will also implement the requirements for reporting the suspension of security measures that were in the (now reserved) 10 CFR 73.71 prior to March 2023. PGE will continue to implement the requirements in its Trojan site security plan as currently reviewed and approved by the NRC.

Finally, PGE has stated as part of its basis for justifying the exemption that it will continue making voluntary reports of suspicious activities pending clarification of the EWR final rule.

NRC Staff Evaluation of the Exemption Request

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73, when the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest.

PGE has advanced several bases in support of the exemption request for Trojan. For example, PGE, in their request, has identified certain examples in 10 CFR 73.1200, 10 CFR 73.1210, 10 CFR 73.1215, and 10 CFR 73.2 to support the technical basis for an exemption from the provisions of these requirements. PGE has not identified any specific ambiguities and inconsistencies with respect to 10 CFR 73.1205. The various reporting and event notification requirements in Subpart T and the two definitions in 10 CFR 73.2 for which PGE seeks an exemption constitute an integrated framework for reporting and documenting security events, an approach which is both risk-informed and graded. Although PGE has identified only a small number of ambiguities or inconsistencies in 10 CFR 73.1200, 10 CFR 73.1210, 10 CFR 73.1215, and 10 CFR 73.2, it asserts that without clarification on how these ambiguities and inconsistencies will be resolved by the NRC, Trojan will have to update its security program, including procedures, processes, and training, to incorporate its understanding of what is required to come into compliance with the rule. PGE further asserts that once the NRC has implemented revisions to the rule and guidance to address these ambiguities and inconsistencies, Trojan will again have to revise its security program to incorporate those clarifications to ensure continued compliance with the rule. This would entail an unduly B. Felton

resource-intensive bifurcation of PGEs otherwise integrated process for coming into compliance with the rule. In particular, the updated 10 CFR 73.2 definitions of Time of Discovery and Contraband are a foundational and cross-cutting concept in PGEs program for implementing the updated notifications, reports, and recordkeeping requirements of revised 10 CFR 73.1200, 10 CFR 73.1205, 10 CFR 73.1210, and 10 CFR 73.1215. Accordingly, the exemption would enable PGE to efficiently consolidate into a single, systematic, process what would otherwise involve partial duplication of efforts to come into compliance with the rule. While not relying on all of PGEs claims in support of the exemption request and considering that the issuance of the targeted clarifications to the identified regulatory guidance is well underway, the NRC staff agrees with PGE that the requested exemption would avoid unnecessary resource burden and facilitate the effective and efficient implementation of the rule.

The NRC staff has determined that the requested duration for the exemption is appropriate for the licensee to review the revised NRC staff guidance, revise procedures, and to provide training to site personnel that implement the new graded approach for reporting and documenting security events and activities to the NRC and other Federal agencies.

During that time, PGE will instead continue to implement its existing NRC-approved security plan for Trojan, which implements the NRCs security event reporting requirements that existed prior to the publication of the EWR final rule, and PGE will also continue making voluntary suspicious activity reports. Because of these actions by the licensee, the NRC staff agrees that PGEs measures, implemented until the later of December 31, 2024, or 180 days after the NRCs publication of the final RGs, will provide high assurance of adequate protection. The NRC staff notes that the proposed Revision 3 to RG 5.62 was published for public comment as DG-5080, Physical Security Event Notifications, Reports and Records, on October 27, 2023 (88 FR 73767), and proposed Revision 1 to RG 5.87, Suspicious Activity Reports Under 10 CFR Part 73, was published for public comment as DG-5082, Suspicious Activity Reports, on October 27, 2023 (88 FR 73769). For these reasons, and as documented in the findings below, the NRC staff has determined that granting the exemption is appropriate.

The NRC staff has reviewed the exemption request and finds that granting the proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, in accordance with 10 CFR 73.5, the NRC staff finds that the exemption is authorized by law.

The NRC staff has also determined that PGE will maintain a security posture that continues to ensure safety and security at Trojan through the implementation of its current NRC-approved physical protection program using the reporting and recordkeeping requirements that existed prior to the publication of the EWR final rule and its continued voluntary reporting of suspicious activity. Therefore, in accordance with 10 CFR 73.5, the NRC staff finds that granting the proposed exemption will not endanger life or property or the common defense and security.

Finally, based on the identified inconsistencies and ambiguities discussed above in the rule text and regulatory guidance, the NRC staff has determined that temporarily delaying compliance with the specified subset of 10 CFR Part 73 requirements will reduce unnecessary burden on site personnel and resources, while still facilitating the effective implementation of the EWR final rule. Therefore, the NRC staff finds that granting the proposed exemption is in the public interest.

B. Felton

Environmental Considerations

The NRCs approval of the exemption to security requirements belongs to a category of actions that the Commission, by rule or regulation, has declared to be a categorical exclusion, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment. Specifically, the exemption is categorically excluded from further analysis under 10 CFR 51.22(c)(25).

Under 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of any regulation of Chapter I is a categorical exclusion provided that (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve:

recordkeeping requirements; reporting requirements; inspection or surveillance requirements; equipment servicing or maintenance scheduling requirements; education, training, experience, qualification, requalification or other employment suitability requirements; safeguard plans, and materials control and accounting inventory scheduling requirements; scheduling requirements; surety, insurance or indemnity requirements; or other requirements of an administrative, managerial, or organizational nature.

The NRC staff has determined that the granting of the exemption request involves no significant hazards consideration because deferred compliance for the specific requirements described in the licensees submittal, as supplemented, does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The exempted security regulations are unrelated to any operational restriction. Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, and no significant increase in individual or cumulative public or occupational radiation exposure. The exempted regulations are not associated with construction, so there is no significant construction impact.

The exempted regulations do not concern the source term (i.e., potential amount of radiation in an accident) nor mitigation. Thus, there is no significant increase in the potential for, or consequences of, a radiological accident. The requirements of 10 CFR 73.2, 10 CFR 73.1200, 10 CFR 73.1205, 10 CFR 73.1210, and 10 CFR 73.1215, as described in the licensees submittal, as supplemented, involve recordkeeping requirements, reporting requirements, safeguard plans, and other requirements of an administrative, managerial, or organizational nature.

Therefore, pursuant to 10 CFR 51.22(b) and (c)(25), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

Conclusions

Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, 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. Therefore, the NRC hereby grants the licensees request for an exemption from the requirements of 10 CFR 73.1200(a) through (t), 10 CFR 73.1205(a) through (e), 10 CFR 73.1210(a) through (h), 10 CFR 73.1215(a) through (f), and the revised definitions for the terms Contraband and Time of Discovery in 10 CFR 73.2.

This exemption is effective from May 3, 2024, through December 31, 2024, or 180 days after publication of the final RGs (specifically, RG 5.62, Revision 3 and RG 5.87, Revision 1),

whichever is later.

Sincerely, Yoira Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-0017 EPID No.: L-2023-LLE-0085 cc: Trojan Service List Signed by Diaz-Sanabria, Yoira on 05/03/24

Trojan Service List

cc:

Tom Sanders PGE Trojan ISFSI Manager 71760 Columbia River Hwy Rainier, OR 97048

Angelica Espinosa Senior Vice President, Chief Legal and Compliance Officer Portland General Electric 121 S.W. Salmon Street Portland, OR 97204

Todd Cornett Assistant Director, Energy Siting Division Oregon Department of Energy 550 Capitol Street NE, 1st Floor Salem, OR 97301

Max Woods Assistant Director, Nuclear Safety and Emergency Preparedness Division Oregon Department of Energy 550 Capitol St. NE, 1st Floor Salem, OR 97301

Lloyd Marbet Executive Director Oregon Conservancy Foundation 19140 SE Bakers Ferry Road Boring, OR 97009

Chairman of the Board of County Commissioners Columbia County 230 Strand St St. Helens, OR 97051

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 1600 East Lamar Boulevard Arlington, TX 76011-4511

ML24099A152 OFFICE NMSS/DFM/STLB/PM NMSS/DFM/STLB/LA NSIR/DPCP/MSB/BC NAME KBanovac WWheatley JCuadrado DATE 4/12/2024 4/15/2024 4/17/2024 OFFICE NMSS/REFS/EPMB2/BC OGC NMSS/DFM/STLB/BC NAME RSun NStAmour YDiaz-Sanabria DATE 4/17/2024 5/1/2024 5/3/2024

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