View source for W3F1-2021-0063, Request for One-Time Exemption from 10 CFR 50, Appendix E Biennial Emergency Preparedness Evaluated Exercise Requirements Due to Severe Storm Recovery

{{Adams
| number = ML21285A290
| issue date = 10/12/2021
| title = Request for One-Time Exemption from 10 CFR 50, Appendix E Biennial Emergency Preparedness Evaluated Exercise Requirements Due to Severe Storm Recovery
| author name = Couture P
| author affiliation = Entergy Operations, Inc
| addressee name = 
| addressee affiliation = NRC/Document Control Desk, NRC/NRR
| docket = 05000382
| license number = NPF-038
| contact person = 
| case reference number = W3F1-2021-0063
| document type = Exemption from NRC Requirements, Letter type:W
| page count = 22
| project = 
| stage = Request
}}

=Text=
{{#Wiki_filter:Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5102 Philip Couture Senior Manager, Fleet Regulatory Assurance 10 CFR 50.12 10 CFR 50, Appendix E W3F1-2021-0063 October 12, 2021 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555

==Subject:==
Request for One-Time Exemption from 10 CFR 50, Appendix E Biennial Emergency Preparedness Evaluated Exercise Requirements due to Severe Storm Recovery Waterford Steam Electric Station, Unit 3 NRC Docket No. 50-382 Renewed Facility Operating License No. NPF-38 In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.12, "Specific exemptions," Entergy Operations, Inc. (Entergy) is submitting this request for a one-time exemption to the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c for Waterford Steam Electric Station, Unit 3 (Waterford 3). Specifically, Entergy is requesting a one-time schedular exemption to postpone the current scheduled Emergency Preparedness (EP) biennial exercise until Calendar Year (CY) 2022. This exemption is being requested as a result of the impact of Hurricane Ida on the State of Louisiana and the local government agencies and resources as they continue to respond to the aftermath of the hurricane. Special circumstances 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are applicable to this request in accordance with Reference 1, Regulatory Issue Summary 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements."
Hurricane Ida has caused widespread devastation and flooding throughout the Waterford 3 site surrounding areas. The hurricane resulted in a multiple-agency emergency response, which included the Federal Emergency Management Agency (FEMA), The State of Louisiana Governors Office of Homeland Security and Emergency Preparedness (GOHSEP), Louisiana Department of Environmental Quality (LDEQ), St. John the Baptist Parish, and St. Charles Parish.
Immediate and long-term resource commitments are needed to recover from the hurricane event and the recovery efforts impose a hardship on FEMA, GOHSEP, LDEQ, St. John the Baptist Parish, and St. Charles Parish to perform the required biennial emergency preparedness

W3F1-2021-0063 Page 2 of 3 exercise with full participation scheduled for October 26, 2021. As a result, GOHSEP, LDEQ, St. John the Baptist Parish, and St. Charles Parish have informed Waterford 3 that they are not able to support the subject biennial exercise, as scheduled, nor can they support exercise activities during the remainder of 2021.
Conducting the Waterford 3 EP biennial exercise in calendar year (CY) 2022, rather than CY 2021, places the exercise outside the required biennium. Consequently, Waterford 3 is requesting an exemption to postpone the biennial exercise until CY 2022. Waterford 3 has scheduled this exercise for March 15, 2022.
Similar exemptions have been approved by the U.S. Nuclear Regulatory Commission (NRC) in response to applications submitted by Entergy for Pilgrim Nuclear Power Station due to Hurricane Sandy in 2012 (Reference 2) and for Waterford 3 due to Hurricanes Katrina and Rita in 2005 (Reference 3). The NRC also approved a similar exemption in response to an application submitted by Exelon Generation Company, LLC for Oyster Creek Nuclear Generating Station due to Hurricane Irene in 2011 (Reference 4).
The Enclosure to this letter provides the exemption request and the justification for the request.
Entergy requests that the NRC grant this exemption by December 31, 2021. No new regulatory commitments are included in this exemption request.
If there are any questions or if additional information is needed, please contact Paul Wood, Regulatory Assurance Manager, at 504-464-3786.
Respectfully, Philip                    Digitally signed by Philip Couture Couture                   Date: 2021.10.12 14:53:34
                          -05'00' Phil Couture PC/cdm

==Enclosure:==
Request for Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements.
Attachments to 

==Enclosure:==
: 1. St. Charles Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter
: 2. St. John the Baptist Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter
: 3. GOHSEP - 2021 Waterford 3 Biennial Exercise Postponement Request Letter

W3F1-2021-0063 Page 3 of 3
: 4. LDEQ - 2021 Waterford 3 Biennial Exercise Postponement Request Letter to FEMA

==References:==
: 1)  Regulatory Issue Summary 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirement,"
(ADAMS Accession No. ML053390039), dated February 24, 2006
: 2)  Letter from U.S. Nuclear Regulatory Commission (NRC) to Entergy Nuclear Operations, Inc., "Pilgrim Nuclear Power Station - Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements of Title 10 of the Code of Federal Regulations Part 50, Appendix E (TAC No.
MF0310)," (ADAMS Accession No. ML12353A673), dated December 28, 2012
: 3)  Letter from NRC to Entergy Operations, Inc., "Waterford Steam Electric Station Unit 3 RE: Temporary Exemption from the Requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b and c (TAC No. MC8756),"
(ADAMS Accession No. ML053470524), dated December 13, 2005
: 4)  Letter from NRC to 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)," (ADAMS Accession No. ML113410293),
dated December 22, 2011 cc:   NRC Region IV Regional Administrator NRC Senior Resident Inspector - Waterford Steam Electric Station, Unit 3 Louisiana Department of Environmental Quality NRC Project Manager - Waterford Steam Electric Station, Unit 3

Enclosure W3F1-2021-0063 Request for Exemption from 10 CFR 50, Appendix E, Biennial Emergency Preparedness Exercise Requirements

W3F1-2021-0063 Enclosure Page 1 of 10 REQUEST FOR EXEMPTION FROM 10 CFR 50, APPENDIX E BIENNIAL EMERGENCY PREPARDNESS EXERCISE REQUIREMENTS
: 1. REQUEST FOR EXEMPTION In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.12, "Specific exemptions," Entergy Operations, Inc. (Entergy) is submitting this request for a one-time exemption from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c for Waterford Steam Electric Station, Unit 3 (Waterford 3 or WF3). Specifically, Entergy is requesting a one-time schedular exemption to postpone the current scheduled Emergency Preparedness (EP) biennial exercise until Calendar Year (CY) 2022. The proposed exemption would allow a full participation evaluated biennial EP exercise to be postponed until CY 2022.
The request to postpone the EP exercise to CY 2022 stems from the special circumstances that were unavoidable due to the impact of Hurricane Ida on the State of Louisiana and the local government agencies and resources as they continue to respond to the aftermath of the hurricane. The unique situation is that this exercise will include other federal, state, and local organizations that are currently involved in the hurricane recovery efforts. This request for exemption is submitted in accordance with Regulatory Issue Summary (RIS) 2006-03, "Guidance on Requesting an Exemption from Biennial Emergency Preparedness Exercise Requirements," dated February 24, 2006.
: 2. BACKGROUND The requirements in 10 CFR 50, Appendix E, Section IV.F.2.b state, in part: "Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years." The requirements in 10 CFR 50, Appendix E, Section IV.F.2.c state, in part: "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." In Appendix E to 10 CFR 50, the NRC defines the term "full participation," when used in conjunction with EP exercises for a particular site, to mean that appropriate offsite local and State authorities and licensee personnel physically and actively take part in testing their integrated capability to adequately assess and respond to an accident at a commercial nuclear power plant. Full participation includes testing major observable portions of the onsite and offsite emergency plans and mobilization of State, local, and licensee personnel and other resources in sufficient numbers to verify the capability to respond to the accident scenario.
The underlying purpose of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c is to ensure that emergency response organization (ERO) personnel are familiar with their duties, to test the adequacy of emergency plans, and to identify and correct weaknesses. The underlying purpose of Section IV.F.2.c also includes testing and maintaining interfaces among affected State and local authorities, and the licensee.
As discussed in detail in Section 3, "Technical Evaluation," of this Enclosure, Entergy has conducted training and drills that have exercised the principle functional areas of emergency response since the last evaluated EP biennial exercise with State, local, and Waterford 3 site

W3F1-2021-0063 Enclosure Page 2 of 10 personnel participation and plans to conduct additional training later this year. Entergy considers that these measures will maintain an acceptable level of emergency preparedness during the exemption period in order to satisfy the underlying purpose of the rule.
A reasonable effort was made to reschedule the EP exercise during CY 2021, but it was unsuccessful due to the magnitude of devastation experienced by St. Charles Parish and St.
John the Baptist Parish because of Hurricane Ida. A proposed course of action was discussed with the following agencies as part of the Federal Emergency Management Agency (FEMA)
Disaster Initiated Review (DIR): St. Charles Parish ERO, St. John the Baptist Parish ERO, The State of Louisiana Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), Louisiana Department of Environmental Quality (LDEQ), and NRC Region IV Emergency Preparedness. Based on these discussions, the projected duration of the disaster recovery effort is expected to continue through the remainder of CY 2021. As a result, St.
Charles Parish, St. John the Baptist Parish, GOHSEP, and LDEQ have submitted letters requesting postponement of the 2021 Waterford 3 biennial exercise due to the effects of the widespread devastation and flooding throughout the Waterford 3 site surrounding areas caused by Hurricane Ida. Copies of the 2021 EP biennial exercise postponement request letters are attached to this Enclosure.
: 3. TECHNICAL EVALUATION The last Waterford 3 EP biennial exercise was conducted on November 20, 2019. The next biennial exercise is currently scheduled to be conducted on October 26, 2021. Waterford 3 has conducted drills, exercises, and other training activities with respect to its emergency response strategies, in coordination with offsite authorities since the last biennial exercise. The following list provides descriptions of the drills, exercises, and other training opportunities that have occurred since November 20, 2019, including those activities planned through FEMA, GOHSEP, LDEQ, St. John the Baptist Parish, and St. Charles Parish.
Drills The following table provides the workshops, drills, and exercises Waterford 3 and the indicated Offsite Response Organizations (OROs) participated in for the period from November 20, 2019 to present.
Type                            Participating Agencies                                Date(s)
Site Tabletops                  Waterford 3 (WF3)                                     Feb. 3, 5, 10, 12, 17, 19, 2020; Mar. 2, 2020; Feb. 1, 3, 8, 10, 17, 22, 24, 2021; Mar. 10, 17, 29, 2021; May 10, 12, 17, 19, 24, 26, 2021; Jun. 9, 16, 28, 30, 2021

W3F1-2021-0063 Enclosure Page 3 of 10 Type                            Participating Agencies                               Date(s)
Hurricane Workshop              NRC, Entergy, WF3, Grand Gulf Nuclear (GGN),         May 12, 2020 River Bend Station (RBS), Louisiana Department of Environmental Quality (LDEQ)
Hurricane Workshop              St. Charles Parish, St. John Parish, WF3             May 28, 2020 MS1 Evaluated Drill             WF3, LDEQ, West Jefferson Medical Center             Nov. 5, 2020 Hurricane Workshop              U.S. Nuclear Regulatory Commission (NRC),            May 4, 2021 LDEQ, St. John Parish, St. Charles Parish, WF3, Federal Emergency Management Agency (FEMA),
Mississippi Emergency Management Agency (MEMA), State of Louisiana Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), GGN, RBS Training The table below provides a listing of the training opportunities that were provided to the OROs from November 20, 2019 to present. The lesson plans include, as appropriate, general emergency preparedness, basic radiation awareness and response, dosimetry, exposure control, and local Standard Operating Procedures.
Training                            Participating Agencies              Number of    Date(s)
Participants Reception Center/Emergency          LDEQ, WF3, Jefferson Parish Fire    92           Dec. 2, 9, 16, Worker Monitoring and               Department                                       2019 Decontamination Station Radiation Refresher Training Reception Center/Emergency          LDEQ, GOHSEP, Hammond Fire          60           Dec. 3 - 5, Worker Monitoring and               Department                                       2019 Decontamination Station Radiation Refresher Training LUDLUM Instrument Repair            LDEQ                                2            Dec. 10, 11, Training                                                                             2019 Reception Center/Emergency          Lafourche Parish Government -       9            Dec. 12, 2019 Worker Monitoring and               Lafourche Office of Emergency Decontamination Station             Preparedness (OEP), Lafourche Radiation Refresher Training        Fire District 1, Lockport Volunteer Fire Department Bus Driver Training                 Tangipahoa Parish                   272          Dec.18, 2019 Bus Driver Training                 Jefferson Parish                    169          Dec. 18, 2019 Bus Driver Training                 Lafourche Parish                    186          Dec. 18, 2019 Federal Radiological Monitoring     FRMAC, LDEQ                         1            Jan. 22, 2020 and Assessment Center (FRMAC) Semi-Annual Webinar Industry/Emergency Operations       WF3, St. Charles Parish Sheriff     29           Feb. 4, 2020 Center (EOC) Radiation              Office, St. Charles Parish Refresher Training                  Emergency Medical Services (EMS), St. Charles Parish Mutual Aid, Infragard Louisiana RadResponder Nationwide Drill       LDEQ                                2            Feb. 11, 2020 Radiological Accident               FEMA, LDEQ, Various Agencies        12           Mar. 9 - 13, Assessment Course                                                                    2020

W3F1-2021-0063 Enclosure Page 4 of 10 Training                        Participating Agencies              Number of    Date(s)
Participants Media Orientation               Times Picayune, LObservateur,      5            Apr. 30, 2020 Herald Guide, WWL Radio FEMA REP Program Guidance       FEMA, LDEQ, Texas Department        7            Jun. 10, 2020 Update                          of State Health Services (DSHS)
REPR Training                   LDEQ                                29           Jun. 24, 2020 2020 Radiological Emergency     FEMA, Inner City Fund (ICF),        25           Jul. 21, 2020 Preparedness Program Manual     RBS, WF3, LDEQ (RPM) Update to Louisiana Utilities FRMAC Semi-Annual Webinar       FRMAC, LDEQ                         1            Jul. 29, 2020 Emergency Plan (EPlan) Training St. John Parish                     2            Oct. 9, 2020 for State and Parish Response Organizations MS1 Training                    West Jefferson Medical Center       9            Nov. 5, 2020 Dose/Accident Assessment        LDEQ                                8            Nov. 10, 2020 Training Reception Center/Emergency      Lafourche Parish Government -       15           Nov. 30, 2020 Worker Monitoring and           Lafourche OEP, Lafourche Fire Decontamination Station         District 1, Lockport Volunteer Fire Radiation Refresher Training    Department EPlan Training for State and    LDEQ                                5            Dec. 4, 2020 Parish Response Organizations Reception Center/Emergency      St. James Volunteer Fire            10           Dec. 4, 2020 Worker Monitoring and           Department Decontamination Station Radiation Refresher Training RadResponder Training           LDEQ                                8            Dec. 8, 2020 Reception Center/Emergency      Jefferson Parish Fire Department    82           Dec. 28, 2020 Worker Monitoring and Decontamination Station Radiation Refresher Training MS1 Training                    Ochsner Medical Center              13           Dec. 13, 2020 EPlan Training for State and    St. Charles Parish                  11           Dec. 15, 2020 Parish Response Organizations EPlan Training for State and    GOHSEP                              2            Dec. 15, 2020 Parish Response Organizations Reception Center/Emergency      Hammond Fire Department             40           Dec. 16, 2020 Worker Monitoring and Decontamination Station Radiation Refresher Training MS1 Training                    St. Charles Parish EMS              11           Dec. 22, 2020 Bus Driver Training             Tangipahoa Parish                   272          Dec. 23, 2020 Bus Driver Training             Jefferson Parish                    169          Dec. 23, 2020 Bus Driver Training             Lafourche Parish                    186          Dec. 23, 2020 Industry/EOC Radiation          WF3, St. Charles Parish Sheriff     95           Feb. 8, 2021 Refresher Training              Office, St. Charles Parish EMS, St. Charles Parish Mutual Aid, Infragard Louisiana Industry/EOC Radiation          WF3, GOHSEP, LA DOTS, St.           144          Feb. 11, 2021 Refresher Training              John Parish OHSEP, SJBP Fire Department, Port of South

W3F1-2021-0063 Enclosure Page 5 of 10 Training                               Participating Agencies              Number of    Date(s)
Participants Louisiana St. John the Baptist Parish Industrial Mutual Aid Media Orientation                      LObservateur, Herald Guide,        4            May 3, 2021 WWL Radio Reception Center/Emergency             Kenner Fire Department              89           May 24 - 26, Worker Monitoring and                                                                   2021 Decontamination Station Radiation Refresher Training Reception Center/Emergency             Jefferson Parish Fire Department    51           Jul. 21 - 23, Worker Monitoring and                                                                   2021 Decontamination Station Radiation Refresher Training EPlan Training for State and           WF3, LDEQ, St. Charles Parish,      16           Aug. 3, 2021 Parish Response Organizations          St. John Parish, GOHSEP A Full-Scale Drill is a drill that is integrated with the state and local governments and includes all emergency response facilities (ERFs). A focused area drill and tabletop drill are for the Waterford 3 ERFs with no state or local participation. A focused area drill is a limited scope drill used to develop, maintain, and evaluate capabilities in one or more emergency response functions or functional areas. Interaction with other facilities and responders is simulated.
Focus area drills include facility drills, tabletop drills, and mini-drills, and may be a component of a larger scope drill or exercise.
In addition to the drills identified above, Waterford 3 also conducted Medical Drills in 2020 with its health care partners, West Jefferson Medical Center and Ochsner Medical Center. Staffing drills on a quarterly basis, Health Physics (HP), and Sampling Drills as well as fire drills and focused area drills in the Emergency Operations Facility (EOF) have been performed during this time frame as well. These elements are driven by Waterford 3 procedural guidance to ensure Waterford 3 and Entergy continue to demonstrate completion of essential elements of the Waterford 3 Emergency Plan and applicable regulatory requirements. In addition to the required drills and exercises, Waterford 3 continues to conduct proficiency activities as demonstrated in the scheduled quarterly focused area drills, Operations Support Center (OSC)/Technical Support Center (TSC) tabletop drills, EOF tabletop drills, Joint Information Center (JIC) tabletop drills, on-shift emergency communicator activities, monthly classification Flexi-quizzes (i.e., timed electronic emergency classification practice scenarios), and quarterly dose assessment quizzes.
Waterford 3 has also partnered with local agencies to conduct training on elements pertaining to access controls and radiological concerns at the power plant for workers. These training opportunities largely extend to the public through the LDEQ.
Actual Event - Hurricane Ida Hurricane Ida was one of the strongest storms on record to threaten the State of Louisiana, making landfall as a Category 4 hurricane near Port Fourchon, Louisiana on Sunday, August 29, 2021 at 1155 hours Central Standard Time (CST). Hurricane Ida brought damaging winds of 150 miles per hour, heavy rain, and caused loss of power and localized flooding to several areas within the State of Louisiana. The devastating effects of Hurricane Ida required major protective actions and response efforts by the Federal government, State of Louisiana,

W3F1-2021-0063 Enclosure Page 6 of 10 and local jurisdictions. The protective actions included the activation of emergency response centers, mandatory and voluntary evacuations for coastal zones, sheltering and mass care activities, and emergency public information and warnings. The response to Hurricane Ida required activation of the GOHSEP, LDEQ, St. John the Baptist Parish, St. Charles Parish, and Waterford 3 EROs and ERFs in accordance with their emergency response plans and severe weather procedures to protect the health and safety of the public.
Post Event - Hurricane Ida A virtual DIR was conducted by FEMA Region 6 that included a capability assessment. It was determined that the State of Louisiana, St. John the Baptist Parish, and St. Charles Parish, which surround the Waterford 3 site, continue to have the capability to implement their emergency radiological plans. All supporting documentation was collected and is retained on file at FEMA Region 6.
Waterford 3 is scheduled to conduct proficiency activities as demonstrated in the scheduled, quarterly focused area drills, OSC/TSC tabletop drills, EOF tabletop drills, JIC tabletop drills, on-shift emergency communicator activities, monthly classification Flexi-quizzes, and quarterly dose assessment quizzes beginning October 4, 2021 and continuing through the next EP biennial exercise scheduled for March 15, 2022. The following tables provide the scheduled drills/exercises and proficiency activities for the remainder of 2021 through the end of March 2022.
Scheduled Drills/Exercises - 4th Quarter 2021 Date       Team      Controller         Activity        Scheduled      Facilities Participating Playing      Team                                Time 10/04     Orange         N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC 10/11       Blue         N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC 10/18       Red          N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC 10/25      Green         N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC 11/08       Blue         N/A           OSC/TSC          0830 - 1030             OSC/TSC 11/10       Blue         N/A         EOF Tabletop       0830 - 1030               EOF 11/22       Red          N/A      OSC/TSC Tabletop      0830 - 1030             OSC/TSC 11/24       Red          N/A         EOF Tabletop       0830 - 1030               EOF 12/15       Red          N/A          JIC Tabletop      0900 - 1100                JIC 12/15       Blue         N/A          JIC Tabletop      1300 - 1500                JIC Scheduled Drills/Exercises - 1st Quarter 2022 Date       Team      Controller         Activity        Scheduled      Facilities Participating Playing      Team                                Time 01/10     Orange         N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC 01/17       Blue         N/A      Focused Area Drill    0830 - 1030   All - JIC participate in Backup TSC

W3F1-2021-0063 Enclosure Page 7 of 10 Date         Team       Controller        Activity        Scheduled      Facilities Participating Playing       Team                               Time 01/24         Green         N/A       Focused Area Drill   0830 - 1030   All - JIC participate in Backup TSC 01/31          Red          N/A       Focused Area Drill   0830 - 1030   All - JIC participate in Backup TSC 02/07        Orange         N/A      OSC/TSC Tabletop      0830 - 1030             OSC/TSC 02/09        Orange         N/A         EOF Tabletop       0830 - 1030               EOF 02/15          Blue         Red      Site Integrated Drill 0700 - 1500             OSC/TSC (Dress Rehearsal) 02/21         Green         N/A      OSC/TSC Tabletop      0830 - 1000               EOF 02/23         Green         N/A         EOF Tabletop       0830 - 1000                JIC 02/28          Red          N/A      OSC/TSC Tabletop      0830 - 1000                JIC 03/02          Red          N/A         EOF Tabletop       0830 - 1000               EOF 03/15          Blue         Red          NRC/FEMA          0700 - 1600   OSC, TSC, EOF, JIC, Graded Exercise                   Control Room Simulator, OROs 03/16          Blue         Red         Tabletop Drill     0700 - 1400   OSC, TSC, EOF, JIC, OROs 03/23         Green         N/A         JIC Tabletop                                  JIC 03/23        Orange         N/A         JIC Tabletop                                  JIC 03/30          Red          N/A         JIC Tabletop                                  JIC Entergy understands that future EP biennial exercises at Waterford 3 will continue to be held in odd years. In addition to this exercise requirement, Entergy understands that an EP program inspection will be conducted in 2021, to be determined through the regional inspectors.
Completion of the program inspection in 2021 will continue to require biennial full participation exercises that will occur in 2022 and 2023.
: 4. REGULATORY EVALUATION 10 CFR 50.12(a), "Specific exemptions," states:
(a)   The Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are (1)     Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.
(2)     The Commission will not consider granting an exemption unless special circumstances are present.
(1)      Proposed exemption is authorized by law, presents no undue risk to the public health or safety, and is consistent with the common defense and security The regulations for exemptions from regulatory requirements are found in 10 CFR 50.12, which was issued by the NRC under the authority granted to it pursuant to the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242), to provide for the licensing of production and utilization facilities. The 10 CFR 50.12 regulations allow the NRC to grant specific exemptions from the requirements of

W3F1-2021-0063 Enclosure Page 8 of 10 10 CFR 50. The EP biennial exercise for the EROs 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.
The underlying purpose of 10 CFR 50, Appendix E, Section IV.F.2.b requiring licensees to conduct an EP biennial exercise is to ensure that ERO personnel 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.c also requires licensees to maintain adequate emergency response capabilities during intervals between EP biennial exercises by conducting drills to exercise the principal functional areas of emergency response. Entergy has conducted training and drills that have exercised the principle functional areas of emergency response since the last evaluated EP biennial exercise and has activated all onsite ERFs during those drills with State participation. Entergy plans to conduct additional training with State agencies later this year. Entergy considers that these measures will maintain an acceptable level of emergency preparedness during the exemption period in order to satisfy the underlying purpose of the rule.
This requested exemption does not create any new accident precursors. The probability and consequences of postulated accidents are not increased. The tables provided above establish a basis for the assurance that Waterford 3 has regularly exercised its emergency response strategies and personnel in coordination with offsite authorities; therefore, postponing the biennial exercise will not pose an undue risk to public health and safety.
The proposed exemption would allow rescheduling of the EP biennial exercise from the previously scheduled date of October 26, 2021 to March 15, 2022. This change to the EP exercise schedule has no relation to security issues. The common defense and security are not impacted by this exemption.
(2)      Special Circumstances Under 10 CFR 50.12(a)(2) there is a list of special circumstances for which the NRC will consider for granting an exemption. In this request, 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are applicable special circumstances.
10 CFR 50.12(a)(2)(ii) states:
    "Application 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; or" 10 CFR 50.12(a)(2)(v) states:
    "The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation; or" The underlying purpose for conducting an EP biennial exercise is to ensure that ERO personnel are familiar with their duties, to test the adequacy of emergency plans, and to identify and correct weaknesses. To accommodate the scheduling of the exercises, the NRC has allowed licensees the flexibility to schedule their exercises at any time during the biennial CY. This provides a 13 to 35-month window to schedule exercises while still meeting the biennial requirement. A one-time change in the exercise schedule increases the interval between

W3F1-2021-0063 Enclosure Page 9 of 10 biennial exercises, but, in most cases the postponed exercise still falls within the 35-month window, thus meeting the intent of the regulation. As discussed above, the EP biennial exercise currently scheduled for October 26, 2021 is proposed to be rescheduled to be conducted on March 15, 2022. This remains within the 35-month window from the last exercise, which was conducted on November 20, 2019.
The proposed exemption is a one-time request to postpone the required EP biennial exercise.
As stated above, the exercise for CY 2021 is proposed to be conducted in CY 2022. After the 2022 performance of the exercise, the Waterford 3 schedule for biennial exercises will return to the previous schedule to conduct the exercise in odd years. This will result in conducting the next scheduled biennial exercise in CY 2023.
: 5.        ENVIRONMENTAL CONSIDERATION The proposed exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25). A review of this request has determined that the proposed exemption does not involve:
(i)     a significant hazards consideration; (ii)    a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite; (iii)   a significant increase in individual or cumulative occupational radiation exposure; (iv)    a construction impact; (v)     an accident initiator therefore 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:
(C) Inspection or surveillance requirements and (G) Scheduling requirements Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.
: 6.        

==SUMMARY==

In conclusion, Entergy requests approval for exempting Waterford 3 from the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c for the EP biennial exercise. As discussed previously, this exemption has low nuclear safety significance, will not pose an undue risk to public health and safety, and is consistent with the common defense and security.

W3F1-2021-0063 Enclosure Page 10 of 10 Entergy requests that the NRC grant this exemption by December 31, 2021 in order to avoid potential noncompliance with the requirements of 10 CFR 50, Appendix E, Sections IV.F.2.b and IV.F.2.c.
ATTACHMENTS
: 1. St. Charles Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter
: 2. St. John the Baptist Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter
: 3. GOHSEP - 2021 Waterford 3 Biennial Exercise Postponement Request Letter
: 4. LDEQ - 2021 Waterford 3 Biennial Exercise Postponement Request Letter to FEMA

Attachment 1 Enclosure W3F1-2021-0063 St. Charles Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter

Attachment 2 Enclosure W3F1-2021-0063 St. John the Baptist Parish - 2021 Waterford 3 Biennial Exercise Postponement Request Letter

Attachment 3 Enclosure W3F1-2021-0063 GOHSEP - 2021 Waterford 3 Biennial Exercise Postponement Request Letter

Attachment 4 Enclosure W3F1-2021-0063 LDEQ - 2021 Waterford 3 Biennial Exercise Postponement Request Letter to FEMA}}