ML24135A197
| ML24135A197 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 06/13/2024 |
| From: | John Marshall Division of Decommissioning, Uranium Recovery and Waste Programs |
| To: | Richardson J EnergySolutions |
| References | |
| EPID L-2023-LLE-0091 | |
| Download: ML24135A197 (1) | |
Text
Jeff Richardson, President EnergySolutions, LLC 121 W. Trade St.
Charlotte, NC 28202
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION, UNIT 2 - EXEMPTION FROM SELECT REQUIREMENTS OF 10 CFR PART 73 (EPID L-2023-LLE-0091
[SECURITY NOTIFICATIONS, REPORTS, AND RECORDKEEPING AND SUSPICIOUS ACTIVITY REPORTING])
Dear Mr. Richardson,
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 Three Mile Island Nuclear Station, Unit 2. This action is in response to the application submitted by TMI-2 Solutions (TMI-2S), dated December 20, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23354A206), as supplemented by letter dated April 18,2024 ( ML24113A021). The application requested an exemption from the requirements of 10 CFR 73.1200, Notification of physical security events, paragraphs (c)(1) through (t), 10 CFR 73.1205, Written follow-up reports of physical security events, paragraphs (a)(1) through (e), 10 CFR 73.1210, Recordkeeping of physical security events, paragraphs (a)(1) through (h), and 10 CFR 73.1215, Suspicious activity reports, paragraphs (a) through (f). This request also included an exemption from the current definition for Time of Discovery in 10 CFR 73.2, Definitions.
On March 14, 2023, the NRC issued its notice in the Federal Register 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).
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).June 13, 2024 J. Richardson
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 TMI-2Ss Basis for the Requested Exemption
TMI-2S is requesting an exemption for Three Mile Island, Unit 2 from the requirements in Subpart T of the EWR final rule, as described above, that would defer TMI-2S compliance with those provisions until December 31, 2024, or 180 days after publication of final regulatory guides (RGs), whichever is later. TMI-2S is also requesting an exemption for Three Mile Island, Unit 2 from using the new definition for the term 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.
TMI-2S is requesting an exemption from these requirements for Three Mile Island, Unit 2 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, TMI-2S identified the following issues, among others, as ones that challenge its implementation for Three Mile Island, Unit 2 of the new Subpart T reporting requirements and the new definition in 10 CFR 73.2:
- TMI-2S 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 TMI-2Ss corrective action program (CAP) that currently defines specific events, situations, or occurrences, including security items, that result in a condition adverse to quality.
- TMI-2S stated that the new definition of the term Time of Discovery in 10 CFR 73.2 expands the existing definition that TMI-2S has used to design its Security Plan and associated programs and procedures. The application of this expanded definition will require changes to the method of compliance with the requirement for identifying time of discovery.
- TMI-2S stated the term malevolent in 10 CFR 73.1200 has a lack of clarity and ambiguity concerning the scope and/or intent of when it is appropriate for external government officials to determine malevolent intent. TMI-2S stated that clarity is needed to prevent TMI-2S having to unnecessarily change security programs and procedures to incorporate a process to await investigation results from external government officials.
- TMI-2S stated that clarification is needed for the conflict 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 and 73.1210 for a 4-hour and 24-hour event notifications associated with the discovery of an authorized weapon (lost or uncontrolled).
TMI-2S further states that due to these concerns it is not clear what it must do to implement certain rule requirements to bring Three Mile Island, Unit 2 into full compliance with the rule.
TMI-2S 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 plan and processes for Three Mile Island, Unit 2 twice - once to come into compliance with its own interpretation of the final rule (without the benefit of the revised guidance currently being developed by NRC), and again J. Richardson
when the revised NRC guidance addressing the identified ambiguities and inconsistencies is issued.
Two examples of where TMI-2S 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.
TMI-2S 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.
TMI-2S stated that if the exemption is granted, it will continue to comply with the security event reporting requirements for Three Mile Island, Unit 2 as they existed prior to March 2023, consistent with its current security plan. TMI-2S will continue to implement its current CAP process that identifies conditions adverse to quality as they relate to the security program and items that are conditions adverse to regulatory compliance. Additionally, it will continue to use the definition for the term Discovery (time of) to implement the TMI-2S site security plan.
TMI-2S will continue to implement the requirements in its Three Mile Island, Unit 2 site security plan. Finally, TMI-2S 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.
TMI-2S has advanced several bases in support of the exemption request for Three Mile Island, Unit 2. For example, TMI-2S, in their request, has identified certain examples in 10 CFR 73.1200, 73.1210, and 10 CFR 73.2 to support the technical basis for an exemption from the provisions of these requirements. TMI-2S has not identified any specific ambiguities and inconsistencies with respect to 10 CFR 73.1205 and 73.1215. The various reporting and event notification requirements in Subpart T and the definition in 10 CFR 73.2 for which TMI-2S seeks an exemption constitute an integrated framework for reporting and documenting security events, an approach which is both risk-informed and graded. Although TMI-2S has identified only a small number of ambiguities or inconsistencies in 10 CFR 73.1200, 73.1210, and 10 CFR 73.2, it asserts that without clarification on how these ambiguities and inconsistencies will be resolved by the NRC, Three Mile Island, Unit 2 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. TMI-2S further asserts that once the NRC has implemented revisions to the rule and guidance to address these ambiguities and inconsistencies, Three Mile Island, Unit 2 will again have to revise its security program to incorporate those clarifications to ensure continued compliance with the rule. This would entail an unduly resource-intensive bifurcation of TMI-2Ss otherwise integrated process for coming into compliance with the rule. In particular, the updated 73.2 definition of Time of Discovery is J. Richardson
a foundational and cross-cutting concept in TMI-2S program for implementing the updated notifications, reports, and recordkeeping requirements of revised 10 CFR 73.1200, 73.1205, 73.1210, and 73.1215. Accordingly, the exemption would enable TMI-2S 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 TMI-2Ss 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 TMI-2S that the requested exemption would avoid unnecessary resource burden and facilitate the effective and efficient implementation of the rule.
The NRC staff 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, TMI-2S will instead continue to implement its existing security plan for Three Mile Island, Unit 2, which implements the NRCs security event reporting requirements that existed prior to the publication of the EWR final rule, and TMI-2S will also continue making voluntary suspicious activity reports. Because of these actions by the licensee, the NRC staff agrees that TMI-2Ss 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). The issuance of 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, was noticed on May 16, 2024 (89 FR 42767). 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 TMI-2S will maintain a security posture that continues to ensure safety and security at Three Mile Island, Unit 2 through the implementation of its current 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 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.
J. Richardson
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 1 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(c) 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 definition for the term Time of Discovery in 10 CFR 73.2.
This exemption is effective from June 13, 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, Jane E. Marshall, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-320 cc: Listserv Joseph R. Lynch, EnergySolutions Amy C. Hazelhoff, EnergySolutions Signed by Marshall, Jane on 06/13/24
J. Richardson
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION, UNIT 2 - EXEMPTION FROM SELECT REQUIREMENTS OF 10 CFR PART 73 (EPID L-2023-LLE-0091
[SECURITY NOTIFICATIONS, REPORTS, AND RECORDKEEPING AND SUSPICIOUS ACTIVITY REPORTING]) DATED June 13, 2024
DISTRIBUTION:
RidsACRS_MailCTR Resource KWarner, RI/DNMS/DIRHB RidsRgn1MailCenter Resource GBowman, NRR RidsNmssDfm Resource VWilliams, NSIR RidsNmssRefs Resource JWillis, NSIR EMiller, NRR DLewis, OEDO RLewis, NMSS CSpore, OEDO JLubinski, NMSS
Accession No.: ML24135A197 OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB NSIR/DPCP/MSB/BC via email NAME ASnyder NWarnek (Acting) JCuadrado-Caraballo DATE 05/24/2024 05/24/2024 05/07/2024 OFFICE NMSS/DFM/STLB/BC NMSS/REFS/EPM2 OGC - NLO NAME YDiaz-Sanabria RSun NStAmour DATE 05/30/2024 05/31/2024 06/04/2024 OFFICE NMSS/DUWP/DD NAME JMarshall DATE 06/13/2024 OFFICIAL RECORD COPY