ML20325A397

Exemption from Annual Force-On-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(I)(1), EPID L-2020-LLE-0206 (COVID-19))

ML20325A397
Person / Time
Site:	Three Mile Island
Issue date:	12/10/2020
From:	Patricia Holahan Reactor Decommissioning Branch
To:	Bryan Hanson Exelon Generation Co
Smith T 301-415-6721
References
EPID L-2020-LLE-0206
Download: ML20325A397 (6)

Text

December 10, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

THREE MILE ISLAND NUCLEAR STATION, UNIT 1 - EXEMPTION FROM ANNUAL FORCE-ON-FORCE EXERCISE REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SUBSECTION VI.C.3(I)(1) (EPID L-2020-LLE-0206 [COVID-19])

Dear Mr. Hanson:

The U.S. Nuclear Regulatory Commission (NRC) has approved the requested exemption from a specific requirement of Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Appendix B,Section VI, Nuclear Power Reactor Training and Qualification Plan for Personnel Performing Security Program Duties, for the Three Mile Island Nuclear Station, Unit 1 (TMI-1) for calendar year (CY) 2020. This action is in response to Exelon Generation Company, LLCs (the licensee) application dated November 13, 2020 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML20318A287 (non-public, withheld under 10 CFR 2.390)), that requested an exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), regarding the annual force-on-force (FOF) exercise for CY 2020 at TMI-1.

The requirements in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), state, in part:

Each member of each shift who is assigned duties and responsibilities required to implement the safeguards contingency plan and licensee protective strategy participates in at least . . . one (1) force-on-force exercise on an annual basis.

Force-on-force exercises conducted to satisfy the NRC triennial evaluation requirement can be used to satisfy the annual force-on-force requirement for the personnel that participate in the capacity of the security response organization.

The purpose of the annual licensee conducted FOF exercise is to ensure that the site security force maintains its contingency response readiness. Participation in this exercise also supports the requalification of security force members.

On January 31, 2020, the U.S. Department of Health and Human Services declared a Coronavirus Disease 2019 (COVID-19) public health emergency (PHE) for the United States, which is still in effect. Subsequently, the Centers for Disease Control and Prevention (CDC) issued recommendations (e.g., social distancing, limiting assemblies) to limit the spread of COVID-19.

B. Hanson On June 30, 2020 (ADAMS Accession No. ML20161A391), NRC approved a temporary exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3(I)(1) for TMI-1, regarding the performance of annual FOF exercises. That exemption is set to expire December 31, 2020.

As such, the licensee is required to conduct any missed annual licensee-conducted FOF exercises by December 31, 2020.

The licensees application dated November 13, 2020 stated, in part, the following:

• The Governor of the Commonwealth of Pennsylvania has issued restrictions in response to the spread of the COVID-19 and imposed isolation and other limitations throughout the Commonwealth. The COVID19 PHE has not ended and continues to impact the licensees ability to conduct annual FOF exercises at TMI-1.

• Conducting the 2020 annual FOF exercise training as required by 10 CFR 73, Appendix B, Section VI, Subsection C.3.(l)(1), would require the use of a significant number of additional staff (e.g., multiple shifts of staff and personnel from other sites, etc.) to support and effectively implement the annual training exercise for 2020. Holding the 2020 FOF exercise would locate drill participants and drill controllers in close quarters (e.g., bullet resistant enclosures, defensive fighting positions, Central Alarm Station, etc.), making it difficult and impractical to meet CDC recommendations regarding assembly practices and social distancing restrictions during this continuing COVID-19 PHE. Since many of the functions required to conduct the training exercise would place plant staff and other participants in close proximity to one another as noted, it could increase the likelihood of plant Security personnel and other participants exposure to the COVID-19 virus.

• 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.

• 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 TMI-1 has continued to conduct the following training requalification requirements of 10 CFR 73, Appendix B, Section VI:

Quarterly tactical response drills (Tabletop drills, Timeline drills, Limited-scope tactical response drills)

Annual firearms familiarization Annual daylight 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 Annual thermal sight qualification course Controller training Less than lethal force training

B. Hanson Annual protective mask training

• TMI-1 has also conducted quarterly tabletops along with a review of FOF lessons learned in order to maintain proficiency during the COVID-19 pandemic. 2020 quarterly tabletops were completed on February 15, May 15, August 15 and fourth quarter tabletops are in progress.

A review of lessons learned from FOF exercises were conducted which included TMI-1's 2019 annual exercises and various location in the industry to include: Comanche Peak, Perry, Browns Ferry. The lesson learned review was completed on September 30, 2020.

Inspection procedures 81200.07 and 81200.04 were completed by NRC staff at TMI-1 on August 13, 2020.

• In addition, TMI-1 completed Defueled Strategy Training on May 31, 2020. This included tabletops and review of the following tasks with all armed security officers, armed responders, alarm station operators, response team leaders and security shift supervisors:

Respond to Contingency Events and Execute Defense Strategy, and Direct Response Team Activities.

This exemption is specific to CY 2020 and TMI-1 security personnel who have previously demonstrated proficiency and are currently qualified in accordance with the requirements in 10 CFR Part 73, Appendix B, Section VI. The licensee stated that [b]ecause of the rigorous nature of nuclear Security personnel training programs, which consist of regularly scheduled training activities to include weapons training, limited scope tactical response drills, and demonstrated acceptable performance of day-to-day job activities (e.g., detection and assessment, patrols, searches, and defensive operations) . . . it is reasonable to conclude that Security personnel will continue to maintain their proficiency even though the 2020 annual FOF exercise is not conducted for the exemption being requested. Additionally, the November 13, 2020 request identified site-specific actions listed above that have occurred, or will continue to occur at TMI-1 to maintain contingency response readiness, consistent with the NRC staffs October 13, 2020, letter (ADAMS Accession No. ML20273A117).

Pursuant to 10 CFR 73.5, Specific exemptions, the NRC 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.

In accordance with 10 CFR 73.5, the NRC may grant an exemption from the regulations in 10 CFR Part 73 that is authorized by law. 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, the NRC staff finds that the exemption is authorized by law.

In accordance with 10 CFR 73.5, the NRC may grant an exemption from the regulations in 10 CFR Part 73 when the exemption will not endanger life or property or the common defense and security. This exemption will only apply to TMI-1 security personnel who are already satisfactorily qualified on the security requirements in 10 CFR Part 73, Appendix B, Section VI.

Based on this fact, and its review of the controls that the licensee has, or will, implement for the duration of the exemption, including continuing to conduct quarterly tactical response drills and other security requalification requirements, the NRC staff has reasonable assurance that the security force at TMI-1 will maintain its proficiency and readiness to implement the licensees

B. Hanson protective strategy and adequately protect the site. Therefore, the NRC staff concludes that the proposed exemption would not endanger life or property or the common defense and security.

In accordance with 10 CFR 73.5, the NRC may grant an exemption from the regulations in 10 CFR Part 73 when the exemption is in the public interest. The NRC staff finds that the temporary exemption from the annual licensee-conducted FOF requirement in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), would facilitate the licensees efforts to maintain a healthy workforce capable of maintaining the plant safely and implementing the sites protective strategy by isolating security personnel from potential exposure to the COVID-19 virus. The NRC staff concludes that granting the temporary exemption is in the public interest because it allows the licensee to maintain the required security posture at TMI-1, while enabling the facility to continue to complete decommissioning activities.

Environmental Considerations The NRC staffs approval of this exemption request is categorically excluded under 10 CFR 51.22(c)(25), and there are no special circumstances present that would preclude reliance on this exclusion. The NRC staff determined that, per 10 CFR 51.22(c)(25)(vi)(E), the requirements from which the exemption is sought involve education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff also determined that approval of this exemption request involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, nor does it change any of the assumptions or limits used in the facility licensees safety analyses or introduce any new failure modes. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because this exemption does not affect any effluent release limits as provided in the facility licensees technical specifications or by the regulations in 10 CFR Part 20, Standards for protection against radiation. There is no significant increase in individual or cumulative public or occupational radiation exposure because this exemption does not affect limits on the release of any radioactive material, or the limits provided in 10 CFR Part 20 for radiation exposure to workers or members of the public. There is no significant construction impact because this exemption does not involve any change to a construction permit and no significant increase in the potential for or consequences from radiological accidents because this exemption does not alter any of the assumptions or limits in the licensees safety analysis. In addition, the NRC staff determined that there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. Therefore, pursuant to 10 CFR 51.22(b), 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 to exempt TMI-1 from the annual FOF exercise requalification requirement of security personnel in subsection C.3.(l)(1) of 10 CFR Part 73, Appendix B, Section VI. This exemption applies only to those FOF exercises required during CY 2020.

B. Hanson If you have any questions, please contact the TMI-1 project manager, Ted Smith, at 301-415-6721 or Ted.Smith@nrc.gov.

Sincerely, Patricia K. Digitally signed by Patricia K. Holahan Holahan Date: 2020.12.10 11:59:45 -05'00' Patricia K. Holahan, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-289 cc: Listserv

ML20325A397 *by email OFFICE NMSS/DUWP/RDB/PM NSIR/DPCP/MSB/BC OGC - NLO NAME TSmith* ARivera* JBielecki*

DATE 11/18/2020 11/24/2020 12/7/2020 OFFICE NMSS/DUWP/RDB/BC* NMSS/DUWP/D NAME BWatson* PHolahan*

DATE 12/7/2020 12/10/2020