NOC-AE-20003756, Exemption Request from 10 CFR 50 Appendix E Due to COVID-19 Pandemic

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Exemption Request from 10 CFR 50 Appendix E Due to COVID-19 Pandemic
ML20224A211
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 08/11/2020
From: Capristo A
South Texas
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-20003756
Download: ML20224A211 (13)
v • d • e


Text

August 11, 2020 NOC-AE-20003756 10 CFR 50.12 STI: 35050098 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 South Texas Project Units 1 & 2 Docket No. STN 50-498, 50-499 Exemption Request from 10 CFR 50 Appendix E due to COVID-19 Pandemic

Reference:

Letter; H. Nieh and R. Lewis to NEI; U.S. Nuclear Regulatory Commission Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for all Licensees During the Coronavirus Disease 2019 Public Health Emergency; May 14, 2020; ML20120A003.

In accordance with 10 CFR 50.12, "Specific Exemptions," paragraph (a)(2)(v), STP Nuclear Operating Company (STPNOC) requests an exemption for South Texas Project (STP) Units 1 and 2 from the requirement to conduct biennial emergency plan exercise requirements specified in 10 CFR 50, Appendix E, Sections IV.F.2.b. and IV.F.2.c. Specifically, STPNOC requests a one-time schedular exemption to postpone the full-participation biennial emergency preparedness exercise until calendar year (CY) 2021.

As a result of the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE),

STPNOC has determined that an exemption is needed from the biennial emergency plan exercise requirements that are specified in 10 CFR Part 50, Appendix E, Sections IV.F.2.b. and IV.F.2.c.,

as meeting these requirements would likely conflict with practices recommended by the Centers for Disease Control and Prevention (CDC) to limit the spread of COVID-19. Additionally, required Offsite Response Organizations (ORO) have requested that STPNOC postpone the exercise, currently scheduled for October 28, 2020.

As the U.S. Departments of Homeland Security and Energy have stated in their guidance, the electric grid and nuclear plant operation make up the nation's critical infrastructure similar to the medical, food, communications, and other critical industries. STP operation must be conducted such that the plant is available when needed, including during the critical peak summer loads.

STPNOC has made a reasonable effort to reschedule the South Texas planned exercise in CY 2020 but has been unsuccessful. STPNOC has been unable to find a date that would factor in a possible reduction of the impact of the PHE on the conduct of the CY 2020 exercise as scheduled, but still take place in CY 2020. STPNOC and the pertinent OROs have determined that the PHE conditions will not drastically improve by the end of CY 2020 from the currently scheduled exercise. Matagorda County (the county in which STP and the entire 10-mile EPZ are located) and the Texas Department of State Health Services have communicated to STPNOC that the current COVID-19 pandemic response has impacted their ability to prepare for the scheduled exercise and that they are unable to participate in the exercise as currently scheduled.

The letters from Matagorda County and Texas Department of State Health Services are attached to this letter (Attachments 1 and 2, respectively).

N0c-AE-20003756 Page 2 of2 Since.ng previous.biennialexercise, STPNOC has successfully nduc*ed drills, exercises, and othertraining activities that exercised emergency response sktqies, n coorOnton with ófsne authorities.

STPNOC will coordinate wfth the Texas Department of State Health Servicss, Magorda Goun, NRG Region lV, and FEMA Region Vl to reschedule the biennial exercise tor'souttr Texas.

A norninal date in Juty 2o21has been discussed with all parties.

This exemption, if approved, willbe in efed untilthe performance of the rescheduled biennial exercise in CY 2821, per the specific direction of *re NRC'o approval of the eiámpton srPNoc rlqulq approvat of this temporary exemption request by no laterthan December 31,2A2A.

There are no commitrnents in this letter.

lf there are any questions regnrding this exemption request, please contact Ali AlbaaJ at (361i 972-8949 CIr me at {361) 97e-7692.

Aldo Executive Vice President and Ch ief Administrative Offioer aa

Enclosure:

Ternporary Exemption Requestfrom 10 CFR 50, Appendix E, BiennialErneçency Preparcdness Exercise Flequirements  : Letter fom Matagorda County to STpNOC : Leüerfiom Texas Departrnent of Skte Health Seruices to $TPNOC cc:

Regional Administrator, Region lV U.S. Nuclear Regulatory Commission 1600 E. Lamar Eoulevard Arlington, TX 7601 l-451 1

NOC-AE-20003756 Enclosure Enclosure Temporary Exemption Request from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements

NOC-AE-20003756 Enclosure Page 1 of 5 Temporary Exemption Request from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements 1.0

SUMMARY

DESCRIPTION In accordance with 10 CFR 50.12, Specific exemptions, STP Nuclear Operating Company (STPNOC) requests a one-time schedular exemption for South Texas Project (STP) Units 1 and 2 from the requirements to conduct a full-participation biennial emergency preparedness (EP) exercise specified in 10 CFR 50, Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities.

This one-time schedular exemption to allow STP to conduct the full-participation biennial EP exercise in calendar year (CY) 2021 supports continued implementation of the isolation activities (e.g., social distancing, group size limitations, self-quarantining) to protect required emergency response organization (ERO) personnel in response to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). These activities are needed to ensure ERO personnel are isolated from the COVID-19 virus and remain capable of executing the functions of the ERO, as described in the South Texas Project Electric Generating Station (STPEGS)

Emergency Plan. Additionally, these activities are needed to ensure supporting state and local government personnel are protected from transmission of the COVID-19 virus and remain capable of executing the functions of the STPNOC emergency response organization as well as other non-nuclear health and safety functions for the benefit of the public.

2.0 BACKGROUND

10 CFR 50, Appendix E, Section IV.F.2.b states, Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years. 10 CFR 50, Appendix E, Section IV.F.2.c states, 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.

On July 21, 2020, STPNOC received a letter from Matagorda County stating that the County would not be able to participate in the biennial exercise currently scheduled for October 28, 2020.

On July 21, 2020, STPNOC received a letter from the Texas Department of State Health Services stating that the State of Texas would not be able to participate in the scheduled biennial exercise.

The letters from Matagorda County and Texas Department of State Health Services are attached to this letter (Attachments 1 and 2, respectively). Participation in the scheduled biennial exercise presents a potential health risk for those involved, due to potential exposure to COVID-19.

Exposure to COVID-19 would not allow those participants to perform required duties both in dealing with COVID-19 and other emergencies that may arise. In addition, STP has implemented isolation activities (e.g., social distancing, group size limitations, self-quarantining) to protect required emergency response organization personnel in response to the COVID-19 PHE. For these reasons, STPNOC is requesting an exemption from the biennial exercise requirements contained in 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c.

The tentative date of the rescheduled exercise will occur outside of the 35-month window discussed in RIS 2006-03, since the previously evaluated exercise was conducted on

NOC-AE-20003756 Enclosure Page 2 of 5 June 12, 2018. If this exemption request is granted to allow STP to conduct the CY 2020 biennial exercise in CY 2021, future biennial EP exercises will continue to be held in even years. CY 2021 is the final year of the 8-calendar-year exercise cycle required in 10 CFR 50, Appendix E, Section IV.F.2.j. Cycle requirements contained in 10 CFR 50, Appendix E, Section IV.F.2 are scheduled to be completed before the end of the exercise cycle. If this exemption is granted, the planned graded exercise inspection will be replaced by a baseline inspection of STPs Emergency Preparedness program.

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control has issued recommendations advising social distancing to prevent the spread of the COVID-19 virus. STPNOC, the State of Texas, and Matagorda County have implemented pandemic plans that include social distancing, group size limitations, and self-quarantine. Ideally, this will limit the spread of the virus among the station staff and off-site personnel.

STPs last biennial EP exercise was June 12, 2018. Since that time, STP has conducted numerous drills, exercises, and other training activities that have exercised its emergency response strategies and demonstrated proficiency. State officials participated in these activities during the following months:

  • August 2018 limited state and local participation
  • March 2019 full state and local participation
  • April 2019 limited state and local participation
  • June 2019 limited state and full local participation
  • August 2019 full state participation
  • September 2019 limited state and local participation
  • March 2020 limited state and local participation
  • July 2020 limited state and local participation STP will continue to conduct tabletops, workshops, and other training activities that exercise its emergency response strategies and demonstrate proficiency. The Offsite Response Organizations (OROs) will maintain their current emergency plans and remain able to respond to an emergency during the pandemic. The exemption would not hinder the ability to respond should an actual emergency occur.

STPNOC has made a reasonable effort to reschedule the exercise during CY 2020 but has been unsuccessful. STPNOC has been unable to find a date that would factor in a possible reduction of the impact of the PHE on the conduct of the CY 2020 exercise as scheduled, but still take place in CY 2020. STPNOC and the associated OROs have determined that the PHE conditions will not drastically improve by the end of CY 2020. Due to limited availability of FEMA and NRC participants, the uncertainty of COVID-19 isolation actions, and scheduling conflicts (e.g.,

Spring 2021 refueling outage, NRC inspections, WANO evaluated combined functional drill), it is not feasible to re-schedule in Winter 2020 or Spring 2021. A tentative date in the month of July 2021 has been discussed with all interested parties. Rescheduling the biennial exercise from CY 2020 to CY 2021 will require an exemption to biennial EP exercise requirements in 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c.

NOC-AE-20003756 Enclosure Page 3 of 5 4.0 JUSTIFICATION OF EXEMPTION 10 CFR 50.12, Specific exemptions, states that the NRC may grant exemptions from the requirements of the regulations of Part 50 provided:

(1) The exemptions are authorized by law; (2) The exemptions will not present an undue risk to the public health and safety; and (3) The exemptions are consistent with the common defense and security.

The justifications to allow an exemption to the full-participation biennial EP exercise of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c at STP are described below.

1. This exemption is authorized by law.

The biennial EP exercise for the emergency response organization specified in 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is not required by any statute. The requested exemption is authorized by law in that no law precludes the activities covered by this exemption request. Granting of the request does not result in a violation of the Atomic Energy Act of 1954, as amended.

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

The underlying purpose of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c requiring licensees to conduct a biennial EP exercise is to ensure that ERO personnel (onsite and offsite, respectively) are familiar with their duties and to test the adequacy of the emergency plan. In addition, 10 CFR 50, Appendix E, Section IV.F.2.b also requires licensees to maintain adequate emergency response capabilities during intervals between biennial EP exercises by conducting drills to exercise the principal functional areas of emergency response. STPNOC has conducted training drills exercising the principle functional areas of emergency response since the last evaluated biennial EP exercise and has activated onsite emergency response facilities during those drills with state, county, and local participation. STPNOC considers that these measures maintain an acceptable level of emergency preparedness during the exemption period to satisfy the underlying purpose of the rule and provide reasonable assurance this exemption will not present an undue risk to the public health and safety.

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

The proposed exemption would allow rescheduling of the onsite portion of the biennial EP exercise from the currently scheduled date of October 28, 2020, to CY 2021. This change to the EP exercise schedule has no relation to security issues. The common defense and security are not impacted by this exemption.

In addition to the three conditions discussed above, paragraph (a)(2) of the regulation states that the NRC will not consider granting an exemption unless special circumstances are present.

Special circumstances, per 10 CFR 50.12(a)(2)(ii), are present when [a]pplication of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c require STPNOC to conduct an exercise of the STPEGS Emergency Plan biennially with full participation by each offsite authority having a role under the plan. The underlying purpose of this requirement is to ensure that ERO personnel are familiar with their duties and to test adequacy of emergency plans. STPNOC has conducted training drills

NOC-AE-20003756 Enclosure Page 4 of 5 exercising the principle functional areas of emergency response since the last evaluated biennial EP exercise and has activated onsite emergency response facilities during those drills with state, county, and local participation. STPNOC considers that these measures maintain an acceptable level of emergency preparedness during the exemption period to satisfy the underlying purpose of the rule.

Under 10 CFR 50.12(a)(2)(v), special circumstances are also present whenever the exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation. The requested exemption to conduct the onsite EP exercise in CY 2021 instead of CY 2020 would grant only temporary relief from the applicable regulation. STPNOC has made a good faith effort to comply with the regulations based on the following:

  • Training and drills have been conducted since the last evaluated biennial EP exercise,
  • Training and drills will be conducted between now and the biennial EP exercise that would be conducted in CY 2021, and

5.0 CONCLUSION

As justified above, STPNOC considers that this exemption request is in accordance with the criteria of 10 CFR 50.12. Specifically, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. A temporary exemption from the biennial EP exercise requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is requested due to the COVID-19 PHE.

6.0 ENVIRONMENTAL ASSESSMENT STPNOC is requesting an exemption from certain requirements of 10 CFR 50, Appendix E, for STP Units 1 and 2. Specifically, STPNOC is requesting a one-time schedular exemption from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c for conducting biennial EP exercises. The following information is provided in support of a determination that no environmental assessment or an environmental impact statement is required in accordance with 10 CFR 51.22(b) and 10 CFR 51.22(c)(25) to grant the requested exemption.

The exemption does not make any changes to the facility or operating procedures and does not:

a) involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), in that it does not:

  • alter the design, function or operation of any plant equipment. Therefore, granting this exemption would not increase the probability or consequence of any previously evaluated accident.
  • create any new accident initiators. Therefore, granting this exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated.
  • exceed or alter a design basis or safety limit. Therefore, granting this exemption does not involve a significant reduction in a margin of safety.

Therefore, a finding of no significant hazards considerations is justified.

NOC-AE-20003756 Enclosure Page 5 of 5 b) involve any changes that would introduce any change to effluent types, affect any plant radiological or non-radiological effluent release quantities, or affect any effluent release paths or the functionality of any design or operational features that are credited with controlling the release of effluents during plant operation. Therefore, it is concluded that the proposed exemption does not involve a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite.

c) affect any plant radiation zones, nor change any controls required under 10 CFR Part 20 that preclude a significant increase in occupational radiation exposure. Therefore, it is concluded that the proposed exemption does not involve a significant increase in individual or cumulative occupational radiation exposure.

d) involve any facility changes or change any construction activities. Therefore, there is no significant construction impact.

e) alter the design, function, or operation of any plant equipment. Therefore, there is no significant increase in the potential for or consequences from radiological accidents.

Finally, the requirements to which the exemption applies involve biennial EP exercise scheduling and therefore meet the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25)(vi)(G).

Accordingly, the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this exemption.

REFERENCES

1. Letter; H. Nieh and R. Lewis to NEI; U.S. Nuclear Regulatory Commission Planned Actions Related to Emergency Preparedness Biennial Exercise Requirements for all Licensees During the Coronavirus Disease 2019 Public Health Emergency; May 14, 2020; ML20120A003.
2. NRC Regulatory Issue Summary 2006-03; Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements

NOC-AE-20003756 Attachment 1 Attachment 1 Letter from Matagorda County to STPNOC

MATAGORDA COUNTY NATE McDONALD COUNTY JUDGE July 21, 2020 Joseph D. Enoch STP Nuclear Operating Company P.O. Box 289 Wadsworth, TX 77483 Re: October 28, 2020 REPP Evaluated Exercise

Dear Mr. Enoch,

During this worldwide COVID-19 pandemic, Matagorda County continues to maintain the

  • capability to protect the health and safety of the general public as well as the transient population.

Currently, we are scheduled to support a Radiological Emergency Preparedness Program (REPP).

evaluated exercise in conjunction with the South Texas Project Nuclear Operating Company and the State of Texas. The continuing uncertainty of the COVID-19 pandemic presents significant challenges to ensuring the continued health and safety of those individuals participating in this exercise.

Impacts and challenges to conducting an exercise during a Matagorda County health emergency include the following.

  • Many of the Matagorda County Emergency Workers are supporting the COVID-19 pandemic in varying capacities. Participation in preparing for and participating in the scheduled STP evaluated exercise would create an additional burden on these Emergency Workers.
  • Due to the increased number of COVID-19 cases in Matagorda County, the exposure risks to this virus are significantly increased due to the need to co-locate these Emergency Workers in one facility, the Matagorda County EOC.
  • Co-locating the emergency workers to one facility compromises the ability to practice social distancing.
  • .Any COVID-19 cases resulting from a positive test for a participant of this exercise will reduce the effectiveness of the staff in their real-life Emergency Worker COVID-19 role.

1700 Seventh Street, Room 301

  • Bay City, TX 77414 * (979) 244-7605
  • Fax.(979) 245-3697

As a result of these health and safety impacts, Matagorda County requests the exercise be moved out to the July 2021 timeframe. -

In order to maintain the Matagorda County response capabilities for a potential radiological release from STP, the county in conjunction with STP are preparing to conduct training, maintain updated plans and procedures, and ensure equipment maintenance schedules are adhered to as has been performed in past years.

Matagorda County has been participating in training and evaluated exercises in conjunction with STP and the State of Texas for the past 33+ years. Our history clearly demonstrates our ability to provide reasonable assurance we can protect the health and safety of the public in the event of an STP emergency.

Should you have ~y questions_, please do not hesitate to_ contact me.

Regards, Nate McDonald County Judge.

Matagorda County

NOC-AE-20003756 Attachment 2 Attachment 2 Letter from Texas Department of State Health Services to STPNOC

TEXAS Texar llepartment of ttate HealthSefyics Health and lluman Services John Hellerstdt, M.O.

Commissoner July 21,2020 Joseph D. Enoch, Manager Emergency Response South Texas Project P.O Box 289 Wadswonh, Texas 77483

DearMr. Enoch,

Please accept this as DSHS's letter of support for South Texas Project"s (STP) request to the Nuclear Regulatory Commission (NRC) to approve the exemption of the scheduled October 28, 2020 evaluated exercise and reschedule it for some timo n202I.

During this worldwide COVID-l9 pandemic, both the State of Texas and the Counties ound the South Texas Project Electric Generating Station (STP) continue to rnaintain the capabilif ro protect the public health and safety of the general public and transient population.

The continuing uncertainty of the COVID-19 pandemic presents challenges to the Radiological Ernergency Preparedness Program EPP) evaluated exercise scheduled for October 28,2020" As a result, DSHS supports STP and Matagorda County's request to move the Plume exercise to July 2021.

To maintain response capabilities for a potential radiological release from STP, the State, Matagorda County, and STP are preparing plans to continue training, plan and procedure updates, and equipment maintenançe as we have done in the past. Information on previous activities was submitted to FEMA in January this year. Activities for conducting virtual tabletop drills to include DSHS Radiological Emergency Response Teams and STP as well as Matagorda County are in the planning stages and will be implemented before the end of calendar year2020" The State of Texas has been participating in FEMA evaluated exercises since 1985. Our history of successful participation demonstrates our ability to provide reasonable as$ilrmce to protect the public in the event of an emergency at STP Sincerely Robert Free, Manager Environment al Monitorin g Group Radiation inspections Branch P.O.Box14934?.Austin,Texas 78n4-9347.Phone:888-963-7111.TTY1800-735-2989.dshs.texas.gov

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