PLA-7906, Request for One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) Regarding Annual Force-On-Force Exercises Due to Covid-19 Pandemic PLA-7906
| ML20329A335 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 11/24/2020 |
| From: | Cimorelli K Susquehanna, Talen Energy |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| PLA-7906 | |
| Download: ML20329A335 (9) | |
Text
Kevin Cimorelli Site Vice President ATTN: Document Control Desk Susquehanna Nuclear, LLC 769 Salem Boulevard Berwick, PA 18603 Tel. 570.542.3795 Fax 570.542.1504 Kevin.Cimorelli@TalenEnergy.com U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 SUSQUEHANNA STEAM ELECTRIC STATION TALEN~
ENERGY 10 CFR 73.5 FACILITY OPERATING LICENSE NOS. NPF-14 AND NPF-22 REQUEST FOR A ONE-TIME EXEMPTION FROM 10 CFR 73, APPENDIX B, SECTION VI, SUBSECTION C.3.(1)(1) REGARDING ANNUAL FORCE-ON-FORCE EXERCISES DUE TO COVID-19 PANDEMIC PLA-7906 Docket Nos. 50-387 and 50-388
Reference:
NRC Letter toSSES, "Susquehanna Steam Electric Station, Units 1 and 2-Exemption from Certain Requirements of 10 CFR Part 73, Appendix B,
'General Criteria for Security Personnel' (EPID L-2020-LLE-0094
[COVID-19])," dated September 22, 2020 (ADAMS Accession No. ML20232C272)
On January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency (PHE) for the United States to aid the nation's healthcare community in responding to the Coronavirus Disease 2019 (COVID-19) pandemic. On March 11, 2020, the COVID-19 out-break was characterized as a pandemic by the World Health Organization and, on March 13, 2020, President Donald Trump declared the Coronavirus (COVID-19) pandemic a national emergency. In addition, on March 6, 2020, the governor of the Commonwealth of Pennsylvania issued a Proclamation of Disaster Emergency pertaining to COVID-19.
In response to these declarations and in accordance with the Susquehanna Nuclear, LLC (Susquehanna), Pandemic Response plan, by the reference letter dated September 22, 2020, a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1),
regarding annual force-on-force (FOF) exercises, was approved for the station. The exemption was necessary because isolation protocols (e.g., social distancing, group size limitations, self-quarantining) restrict activities associated with conducting annual FOF exercises and was necessary to maintain a healthy workforce during the pandemic. The approved temporary exemption expires December 31, 2020.
In the request for exemption, Susquehanna implemented the following controls:
maintaining a list of the names of the individuals who will not meet the requalification requirements and including the dates of the last qualification; ensuring contingency response readiness of security personnel not participating in an annual FOF exercise by conducting a scenario-based table top exercise; and November 24, 2020 Document Control Desk PLA-7906 completing the FOF exercise, within the time period in that request, when isolation restrictions are ended.
At the time of submittal for the exemption request, the duration of the PHE was discussed as "not currently known," and therefore a statement was added to complete the exercises 90 days after the PHE is ended, or until December 31, 2020, whichever occurs first.
However, the PHE has not ended and continues to impact Susquehanna Steam Electric Station's (SSES) ability to conduct annual FOF exercises. Because the temporary exemption expires December 31, 2020, SSES requests a one-time exemption from conducting 2020 annual FOF exercises as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1). This one-time exemption would supersede the control in the previously approved exemption to complete any missed FOF exercises, within the time period in that request, when isolation restrictions are ended. Approval of this exemption will continue to support the isolation protocols necessary to protect essential site personnel. These restrictions are needed to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security.
The proposed one-time exemption will apply specifically to security personnel to which the temporary approved exemption applied.
Susquehanna requests approval of this exemption on an expedited time frame, on or before December 31, 2020.
There are no new or revised regulatory commitments contained in this letter.
Should you have any questions regarding this submittal, please contact Ms. Meli~a Krick, Manager-Nuclear Regulatory Affairs at (570) 542-1818.
Kevin Cimorelli
Attachment:
Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request Copy: NRC Region I, Regional Administrator Mr. C. Highley, NRC Senior Resident Inspector Ms. S. Goetz, NRC Project Manager Mr. M. Shields, P A DEP/BRP
Attachment to PLA-7906 Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request
Attachment to PLA-7906 Page 1 of6 Security 2020 Annual Force-on-Force Exercise One-Time Exemption Request 1.0
SUMMARY
DESCRIPTION Susquehanna Steam Electric Station (SSES) requests a one-time exemption from conducting 2020 annual force-on-force (FOF) exercises as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1). This one-time exemption would supersede the control in the previously approved exemption to complete any missed FOF exercises, within the time period in that request, when isolation restrictions are ended.
Approval of this exemption will continue to support the isolation protocols necessary to protect essential site personnel. These restrictions are needed to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security.
2.0 BACKGROUND
By letter dated September 22, 2020, SSES was approved for a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1) regarding annual FOF exercises (Reference 1 ). The exemption was in response to the COVID-19 public health emergency (PHE) and was necessary because isolation protocols (e.g., social distancing, group size limitations, self-quarantining, etc.) restrict activities associated with conducting annual FOF exercises and was necessary to maintain a healthy workforce during the pandemic. The approved temporary exemption expires December 31, 2020.
3.0 EXEMPTION DETAILS In the request for exemption Susquehanna Nuclear, LLC (Susquehanna), implemented a control to complete any missed FOF exercises, within the time period in that request, when isolation restrictions are ended. At the time of submittal for the exemption request the duration of the PHE was discussed as "not currently known," and therefore a statement was added to complete the exercises 90 days after the PHE is ended, or that the temporary exemption would expire December 31, 2020, whichever occurs first. However, the PHE has not ended and continues to impact SSES's ability to conduct annual FOF exercises. Because the temporary exemption expires December 31, 2020, SSES requests a one-time exemption from conducting 2020 annual FOF exercises as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(1)(1). This one-time exemption would supersede the control in the previously approved exemption to complete any missed FOF exercises, within the time period in that request, when isolation restrictions are ended.
Approval of this exemption will continue to support the isolation protocols necessaty to protect essential site personnel. These restrictions are needed to ensure personnel are isolated from the COVID-19 disease and remain capable of maintaining plant security.
Attachment to PLA -7906 Page 2 of6 The proposed one-time exemption will apply specifically to security personnel that the temporary approved exemption applied.
4.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The U.S. Centers for Disease Control (CDC) has issued recommendations advising "social distancing" to prevent the spread of the COVID-19 disease (Reference 2). SSES has implemented isolation activities such as self-quarantining, group size limitations and social distancing to protect required site personnel in accordance with NEI 06-03, "Pandemic Threat Planning, Preparation, and Response Refer-ence Guide" (Reference 3).
Ideally this will limit the spread of the virus among the station staff. This required SSES to request a temporary exemption from annual FOF exercises because these isolation protocols restrict certain activities associated with the conduct of annual FOF exercises.
Maintaining a healthy workforce is preferable to having a sick workforce that is unavailable during a pandemic. Specifically, the Susquehanna pandemic plan has impacted the Station's ability to perform annual FOF exercises safely due in part to the following:
- Based on Susquehanna's current data, the trend in positive cases and quarantines is consistent with the trends in the Commonwealth of Pennsylvania and the local area of Luzerne County. As of November 9, 2020, the number of cases in the Commonwealth of Pennsylvania is on the increase. There were 3,402 new cases in Pennsylvania and 81 new cases in Luzerne County on November 9, 2020.
- A review of impacted security positions and other locations necessary for briefings and critiques has determined that annual exercises cannot be conducted due to the limited space available in most locations to allow for appropriate social distancing.
Not conducting annual FOF exercises due to the reasons listed in this request are consistent with the requirement of Appendix B to Part 73,Section VI, C.3.(1)(5);
"Tactical response drills and force-on-force exercises are conducted safely and in accordance with site safety plans."
The proposed one-time exemption will apply specifically to security personnel that the temporary approved exemption applied. Impacted security personnel continue to maintain proficiency with the knowledge, skills and abilities required to effectively implement the protective strategy to protect the station against the design basis threat as described in 10 CFR 73.1, Purpose and Scope, because S SES has continued to conduct the following training requalification requirements of Section VI. of Appendix B to Part 73.
Quarterly tactical response drills (Tabletop drills, Timeline drills, Limited-scope tactical response drills)
- Annual firearms familiarization Annual day light qualification course
- Annual night fire qualification course
- Annual tactical qualification course On-the-job training Annual physical examination
- Annual physical fitness test Weapons range activity (4-month periodicity)
- Annual written exam Attachment to PLA-7906 Page 3 of6 In addition, and in accordance with the approved temporary exemption, SSES conducted table top exercises and a lessons-learned review of past exercises with all impacted security personnel. Therefore, SSES continues to maintain a physical protection program that provides high assurance that the health and safety of the public will not be inimical to the common defense and security and does not constitute an unreasonable risk to the public health and safety.
5.0 JUSTIFICATION OF EXEMPTION 10 CFR 73.5, Specific exemptions, states that the Nuclear Regulatory Commission may grant exemptions from the requirements of the regulations of this part provided three conditions are met. They are:
(1) The exemptions are authorized by law.
(2) The exemptions will not endanger life or property or the common defense and security, and (3) The exemptions are otherwise in the public interest.
SSES has evaluated the requested exemption against the criteria of 10 CFR 73.5 and determined the criteria are satisfied as described below.
- 1. This exemption is authorized by law The security training requalification requirements in Appendix B to Patt 73 are 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 endanger life or property or the common defense and security The requested exemption will not endanger life or property or the common defense and security. The requested exemption is a one-time exemption. SSES had scheduled these requalification activities to comply with the regulation. However, these activities must be
Attachment to PLA-7906 Page 4 of6 exempted for the year 2020 to allow continued implementation of the SSES pandemic plan mitigation strategies. These strategies serve the public interest by ensuring adequate staff isolation and maintaining staff health to perform their job functions during the COVID-19 pandemic.
The proposed exemption is related only to the conduct of annual FOF exercises and does not change physical security plans or the defensive strategy. Security personnel impacted by this request were qualified on all required tasks at the time of the PHE. Impacted security personnel continue to maintain proficiency with the knowledge, skills and abilities required to effectively implement the protective strategy to protect the station against the design basis threat because SSES has continued to conduct other training requalification requirements as identified in Section 4.0. In addition, security personnel will continue to be monitored regularly by supervisory personnel and have implemented controls as identified in the approved temporary exemption. Therefore, granting the requested one-time exemption will not endanger or compromise the common defense or security, or safeguarding SSES.
- 3. This exemption is otherwise in the public interest SSES's pandemic response plan is based on NEI 06-03, "Pandemic Threat Planning, Preparation, and Response Reference Guide," (Reference 3) which recommends isolation strategies such as sequestering, use of super crews or minimum staffing as applicable as well as social distancing, group size limitations and self-quarantining, in an event of a pandemic, to prevent the spread of the virus to the plant. NEI 06-03 provides other mitigation strategies that serve the public interest during a pandemic by ensuring adequate staff is isolated from the pandemic and remains healthy to perform their job function.
Ensuring SSES is in operation during the pandemic will help to support the public need for reliable electricity supply to cope with the pandemic. As the US 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. If the plant operation is impacted because it cannot comply with the security training requalification requirements while isolation activities are in effect for essential crew members, the area electrical grid would lose this reliable source ofbaseload power. In addition, SSES personnel could face the added transient challenge of shutting down the plant and possibly not restarting it until the pandemic passes. This does not serve the public interest in maintaining a safe and reliable supply of electricity.
6.0 CONCLUSION
Attachment to PLA-7906 Page 5 of6 As demonstrated above, Susquehanna considers that this one-time exemption request to be in accordance with the criteria of 10 CFR 73.5. 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 one-time exemption for the conduct of 2020 annual FOF exercises at SSES is required during and recovery from the COVID-19 Pandemic.
7.0 ENVIRONMENTAL ASSESSMENT Susquehanna is requesting a one-time exemption from the conduct of2020 annual FOF exercises. Specifically, Susquehanna is requesting a one-time exemption from the requirements of Section VI.C.3.(1)(1) of Appendix B of Part 73, regarding the conduct of annual FOF exercises. The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exemption.
Susquehanna has determined that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative public or occupational radiation exposure; that there is no construction impact; and there is no significant increase in the potential for or consequences from a radiological accident; and that an exemption from scheduling requirements is being requested. Furthermore, the requirements for which an exemption is being requested involve security 2020 annual FOF exercise requirements. Accordingly, the proposed one-time exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22( c )(25). Pursuant to 1 0 CFR 51.22(b ), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption request.
8.0 REFERENCES
Attachment to PLA-7906 Page 6 of6
- 1. NRC Letter to SSES, "Susquehanna Steam Electric Station, Units 1 and 2-Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, 'General Criteria for Security Personnel' (EPID L-2020-LLE-0094 [COVID-19])," dated September 22, 2020 (ADAMS Accession No. ML20232C272).
- 2. "Interim Guidance for Businesses and Employers", retrieved from https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html, on March 17, 2020.