ML20209A525

Temporary Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel (EPID L-2020-LLE-0122 (COVID-19))

ML20209A525
Person / Time
Site:	Limerick
Issue date:	08/19/2020
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Bryan Hanson Exelon Generation Co, Exelon Nuclear
Sreenivas V
References
EPID L-2020-LLE-0122
Download: ML20209A525 (5)

Text

7 August 19, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

LIMERICK GENERATING STATION, UNITS 1 AND 2 - TEMPORARY EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SECTION VI (EPID L-2020-LLE-0122 [COVID-19])

Dear Mr. Hanson:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has approved the below temporary exemption from specific requirements 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 Limerick Generating Station, Units 1 and 2 (Limerick). This action is in response to Exelon Generation Company, LLCs (Exelon or the licensee) application dated July 29, 2020 (Agencywide Documents Access and Management System Accession No. ML20211L699 (non-public, withheld under 10 CFR 2.390)),

that requested a temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), regarding annual force-on-force (FOF) exercises at Limerick.

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 exercises is to ensure that the site security force maintains its contingency response readiness. Participation in the annual FOF 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.

Subsequently, the Centers for Disease Control and Prevention issued recommendations (e.g.,

social distancing, limiting assemblies) to limit the spread of COVID-19.

B. Hanson Exelons July 29, 2020, application states the following:

This temporary exemption supports isolation restrictions (e.g., social distancing, group size limitations, self-quarantining, use of personal protective equipment, etc.) necessary to protect required site personnel in response to the COVID-19 virus.

These restrictions are needed to ensure personnel are isolated from the COVID-19 virus and remain capable of maintaining plant security.

Exelon began implementing isolation restrictions after the Governor of the State of Pennsylvania issued a disaster declaration on March 6, 2020.

Exelon will continue performing the quarterly tactical response drills/exercises and is not requesting an exemption from these requirements at this time.

Exelon will maintain a list of the names of the individuals who will not meet the requalification requirements and will include the dates of the last qualification.

Exelon will ensure contingency response readiness of security personnel not participating in an annual FOF exercise by conducting a lessons-learned review of past exercise and will complete the FOF exercise within the time period in this request when isolation restrictions are ended.

Exelon will schedule and complete any missed FOF exercise within the time period in this request when isolation restrictions are ended.

Exelon will begin implementing COVID-19 PHE controls for managing personnel performing Security Program duties upon NRC approval of its request.

This temporary exemption is to specific Limerick security personnel who have previously demonstrated proficiency and are currently qualified in accordance with the requirements of 10 CFR Part 73, Appendix B, Section VI. Exelon also stated that given the rigorous nature of Limericks nuclear security personnel training programs, which consist of regularly scheduled training activities to include weapons training, contingency response drills and exercises, 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 requalification periodicity is temporarily exceeded. Additionally, the July 29, 2020, request identified site-specific COVID-19 PHE controls listed above that will be implemented at Limerick, consistent with those outlined in the NRC staffs April 20, 2020, letter discussing planned activities related to the requirements for 10 CFR Part 73, Appendix B, Section VI, during the PHE (ADAMS Accession No. ML20105A483). Exelon requested that the duration of the exemption be in effect for 90 days after the PHE is ended, or until December 31, 2020, whichever occurs first, consistent with the NRC staffs April 20, 2020.

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest.

B. Hanson In accordance with 10 CFR 73.5, the Commission 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 Commission 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 licensee 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 Exelon will implement for the duration of the exemption, including continuing to conduct required quarterly tactical response drills, a lessons-learned review of past exercises, and completing any missed annual FOF exercise within the time period in this request, the NRC staff has reasonable assurance that the security force at Limerick will maintain its proficiency and readiness to implement the licensees 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 Commission may grant an exemption from the regulations in 10 CFR Part 73 when the exemption is in the public interest. Participation in annual FOF exercises places site security personnel in close proximity to one another. Such proximity has the potential to increase the likelihood of security personnel being exposed to the COVID-19 virus. The NRC staff finds that the temporary exemption from the annual 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 operating 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 Limerick, while enabling the facility to continue to provide electrical power to the Nation.

Environmental Considerations NRC 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, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from which the exemptions are 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 changes to a construction permit. There is 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 facility licensees safety analysis. In addition, the NRC staff

B. Hanson 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 Commission hereby grants the licensees request to temporarily exempt Limerick 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 expires 90 days after the end of the PHE, or December 31, 2020, whichever occurs first.

If you have any questions, please contact the Limerick project manager, V. Sreenivas, at 301-415-2597 or by e-mail to V.Sreenivas@nrc.gov.

Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.08.19 Erlanger 11:25:54 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: Listserv

ML20209A525 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/RSB/BC NAME VSreenivas LRonewicz ABowers DATE 07/29/2020 07/29/2020 08/07/2020 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME JBielicki JDanna CErlanger DATE 08/13/2020 08/19/2020 08/19/2020