ML21291A214

Enclosure 3 - Safety Evaluation Report

ML21291A214
Person / Time
Site:	Erwin
Issue date:	10/28/2021
From:	Office of Nuclear Material Safety and Safeguards
To:	Nuclear Fuel Services
James Downs NMSS/DFM/FFL 301-415-7744
Shared Package
ML21291A210	List: ML21291A211 ML21291A212 ML21291A214
References
EPID L-2021-EPR-0003
Download: ML21291A214 (5)

Text

SAFETY EVALUATION REPORT

DOCKET NO.: 70-143

LICENSEE: Nuclear Fuel Services, Inc., - Erwin, Tennessee

SUBJECT:

TEMPORARY EXEMPTION FROM THE 2021 BIENNIAL EVALUATED EMERGENCY PLAN EXERCISE REQUIRED BY 10 CFR 70.22(I)(3)(XII)

(ENTERPRISE PROJECT IDENTIFIER L-2021-EPR-0003)

REQUEST

By letter dated September 17, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21260A249), as supplemented by letter d ated October 7, 2021 (ADAMS Accession No. ML21288A132), Nuclear Fuel Services, Inc., - Erwin, Tennessee (NFS) submitted a request for an exemption from certain requirements of Title 10 of the Code of Federal Regulations (10 CFR), Paragraph 70.22(i)(3)(xii), Exercises. In partic ular, NFS requests a one-time exemption from the provisions in 10 CFR 70. 22(i)(3)(xii), which require a biennial emergency plan exercise.

NFS proposes to reschedule the conduct of the calendar year (CY ) 2021 biennial exercise within 35 months from the date on which the previously evaluate d exercise was conducted on September 18, 2019, to a date on or before June 30, 2022. In a ddition, NFS states that future biennial emergency plan exercises will continue to be conducted in odd years starting in CY 2023.

BACKGROUND

Currently, NFS is required by regulation to conduct emergency p lan exercises biennially. Under NFSs Emergency Plan, Section 7.3.1, NFS will conduct at least one exercise every other year to simulate an onsite emergency condition that will require par ticipation by the site emergency organization and a number of offsite support agencies.

NFS states that in August 2021, the northeast Tennessee region, which includes Carter Greene, Hawkins, Johnson, Sullivan, Unicoi (where NFS is located), and Washington counties, reported a concerning resurgence in new positive Coronavirus Disease 201 9 (COVID-19) tests.

According to NFS, the regional hospitals further provided an up date on September 7, 2021, that there have been continued increases in new COVID-19 cases in th e local area due to the highly contagious Delta variant. NFS also states that case counts hav e increased from less than 200 in early July 2021 to about 6,000 at the time of submission, wi th the region reporting 2,692 new positive COVID-19 cases in the four days before submission. In fact, NFS notes that the regions hospitals and affected counties have asked for everyon e to help prevent this trend from continuing. In addition, the NFS facility reinstated several C OVID-19 protective measures for individuals regardless of vaccination status.

NFS states that the exercise scenario requires participation by a designated onsite controller/evaluator team, the onsite emergency response organi zation, first responder teams, the onsite security organization, and the U.S. Nuclear Regulato ry Commissions (NRC) staff for evaluation. NFS notes that this will result in a large group o f individuals together in the site emergency response center that could challenge COVID-19 related isolation guidelines (e.g.,

Enclosure 3 social distancing and group size limitations). Because of the rising positive COVID-19 cases in the local area and the increased number of personnel involved i n an evaluated exercise, NFS concluded that an evaluated exercise cannot be conducted as sch eduled on November 9, 2021, without unnecessarily increasing the risk of COVID-19 exposure to NFS staff, offsite responders, and potentially members of the public.

NFSs last biennial emergency plan exercise was conducted in Se ptember 2019. NFS indicates that it has made a reasonable effort to reschedule the emergenc y plan exercise in CY 2021 but has been unsuccessful. NFS started preparation efforts for the November 9, 2021, exercise in July 2021. NFS selected the November 9, 2021, date with the ex pectation that COVID-19 conditions would be improved. Sin ce then, however, northeast Te nnessee has experienced a severe surge in new COVID-19 cases. Due to this significant in crease in COVID-19 transmission and with offsite agencies continuing to be taxed, NFS requested an extension, NFS has also determined that with the potential for new surges during the holidays, rescheduling the biennial drill inn CY 2021 would not be pruden t to the risk of community spread to the already stressed participating offsite agencies. NFS st ates that it plans to conduct the rescheduled biennial plan exercise on or before June 30, 2022, which is within 35 months from the date on which the previously evaluated emergency plan exerc ise was conducted. Since the last biennial emergency plan exercise was conducted on Septembe r 18, 2019, NFS indicated that it has continued to conduct drills and other training acti vities that exercise its emergency response strategies internally and with offsite agencies, such as:

• Maintaining the NFS quarterly emergency response organization and Fire Brigade drills/training.

• Conducting training, hands-on activities, and briefings on top ics such as updates to the emergency preparedness program, radiation safety, contamination control protocols, nuclear criticality safety in firefighting, and emergency manag ement services/hospital management of radiation emergencies. These training activities were conducted with the offsite agencies of the Erwin Fire Department, South Unicoi County Volunteer Fire Department, Unicoi County Emergency Medical Services, Unicoi Co unty Hospital, and the Unicoi County Emergency Management Director.

In addition, NFS states that it will coordinate with the applic able offsite response organizations and NRC Region II to schedule and conduct the rescheduled bienn ial emergency exercise by June 30, 2022.

DISCUSSION - NRC STAFF REVIEW PURSUANT TO 10 CFR 70.17(a)

The NRC issued a letter on May 14, 2020 (ADAMS Accession No. ML 20120A003), to the Nuclear Energy Institute related to emergency biennial exercise requirements during the COVID-19 public health emergency for all licensees under 10 CFR Parts 30, 40, 50, 52, 70 and 72 that have a radiological emergency plan. The letter stated, in part:

[T]he NRC is prepared to consider on an expedited basis request s for exemptions, upon request from individual licensees, from the biennial emergency plan exercise requirements that are specified in... 10 CFR 70.22(i)(3)(xii ).... These exemptions would, if granted, ensure that licensees engage in activities t hat do not conflict with practices recommended by the Centers for Disease Control and Pr evention to limit the spread of COVID-19.

The NRC issued another letter on November 10, 2020 (ADAMS Acces sion No. ML20261H515),

to the Nuclear Energy Institute, which included discussion of e mergency plan requirements, including 10 CFR 70.22(i)(3)(xii). The NRC stated that license es seeking to move biennial emergency plan exercises from CY 2021 to CY 2022 should continu e to consider the guidance in the NRCs letter dated May 14, 2020, and should continue to provide the information requested in the letter.

Consistent with the NRC letter dated November 10, 2020, and the section entitled Requested Information in the NRC letter dated May 14, 2020, NFS provided the following information:

• NFSs last biennial exercise was conducted in September 2019.

• NFSs current biennial emergency plan exercise date was schedu led to be held on November 9, 2021.

• NFS has made a reasonable effort to reschedule the planned exe rcise in CY 2021 but has been unsuccessful.

• NFS will reschedule the conduct of the biennial emergency plan exercise within 35 months from the month in which the previously evaluated exercise was conducted.

• If this exemption is granted, NFS states that future biennial exercises will continue to be held in odd years.

• NFS has conducted drills, exercises, and other training activi ties that exercised its emergency response strategies, in coordination with offsite authorities, since the previous biennial exercise.

• NFS also states that the rescheduled biennial exercise will be coordinated with the applicable offsite response organizations (if offsite respo nse organization participation is required) and NRC Region II.

The November 10, 2020, letter noted that licensees could contin ue to consider the guidance in the letter dated May 14, 2020, when moving exercises from CY 20 21 to CY 2022. Per the May 14, 2020, letter, licensees need to provide the date of the ir last biennial exercise. Rather than providing the precise date of its previous exercise, NFS t old the NRC that the previous exercise had been conducted in September 2019. The NRC staff v iews this as sufficiently precise to still provide expedited review. The NRC staff notes that NFSs previous exercise was conducted on September 18, 2019.

Pursuant to 10 CFR 70.17(a), the NRC may grant an exemption fro m the requirements of 10 CFR Part 70 if the staff determines that the exemption is au thorized by law, will not endanger life or property or the common defense and security, and is oth erwise in the public interest.

The NRC staff has reviewed the requested exemption and determin ed that it is permissible under the Atomic Energy Act of 1954, as amended, and that no ot her prohibition of law or the Commissions regulations exists to preclude the activities that would be authorized by the exemption. Therefore, the NRC staff finds that the requested e xemption is authorized by law.

NFS also states that it will continue to perform other periodic emergency drills, training, and surveillances that allow personnel to stay within COVID-19 prot ocols and maintain emergency response proficiency. Examples of already-conducted activities include (1) quarterly emergency response organization and Fire Brigade drills/training; and (2) training, hands-on activities, and briefings on topics such as updates to the emergency preparedne ss program, radiation safety, contamination control protocols, nuclear criticality safety in firefighting, and emergency management services/hospital management of radiation emergencie s with offsite agencies.

Additionally, the requested exemption does not decrease the eff ectiveness of NFSs emergency plan, nor involve changes to security at the facility. Further, the licensee will reschedule the exercise within 35 months from t he month in which the previousl y evaluated exercise was conducted. Therefore, the staff finds that granting the exempt ion would not endanger life or property or the common defense and security.

Finally, granting this exemption request is otherwise in the pu blic interest because it promotes public health and safety by following social distancing recomme ndations related to the transmission of the COVID-19 virus. As discussed above, the lo cal area in which the NFS facility is located has seen rising COVID-19 caseloads. More s pecifically, case counts have increased from less than 200 in early July 2021 to about 6,000 at the time of submission, with the region reporting 2,692 new positive COVID-19 cases in the f our days before submission. In fact, NFS notes that the regions hospitals and affected counti es have asked everyone to help prevent this trend from continuing. Conducting this exercise i n November 2021 involves increased numbers of personnel. Thus, granting this exemption will minimize the risk to NFS staff, offsite responders, and potentially members of the publi c, of exposure to the COVID-19 virus. Therefore, the NRC staff concludes that granting this e xemption is in the public interest.

ENVIRONMENTAL REVIEW

Pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25)(vi)(G), pro vided that there are no special circumstances, the granting of an exemption from the requiremen ts of any regulation in Chapter I of 10 CFR is a categorical exclusion, provided that: (i) the re is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) th ere is no significant increase in individual or cumulative public or occupational radiation expos ure; (iv) there is no significant construction impact; (v) there is no significant increase in th e potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve, as relevant here, scheduling requirements.

For the reasons described below, NFSs request meets the criter ia for a 10 CFR 51.22(c)(25) categorical exclusion. There are no special circumstances here which require an environmental assessment or environmental impact statement. The NFS facility is not a reactor and this exemption is limited to timing of an emergency exercise, so the re are no significant hazards considerations. Because the request by NFS pertains to an exem ption from conducting a biennial emergency exercise, there are no effluents or offsite releases or significant increase in radiation exposure to workers or members of the public associat ed with this request. There are no construction activities associated with this request, so the re is no significant construction impact. There is no significant increase in the potential for any radiological accidents associated with this request because the request for exemption from performing an emergency plan exercise does not affect the facilitys operations. Final ly, given that the exemption concerns the scheduling of an emergency exercise, the exemption is related to a scheduling requirement. Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25)(vi)(G), no

environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

CONCLUSION

Based on its review above, the NRC staff concludes that the pos tponement of the biennial emergency plan exercise to be authorized by the issuance of thi s exemption is in compliance with the law and will not endanger life or property or the comm on defense and security. The NRC staff also concludes that gr anting the exemption is in the public interest. Accordingly, the NRC hereby grants NFS a temporary exemption, until 35 months fr om the previously evaluated exercise from the requirements in 10 CFR 70.22(i)(3)(xii) perta ining to the timeframe for biennial emergency plan exercises.

A new License Condition S-6(a) has been issued to reflect the e xemption as follows:

S-6(a) The licensee is granted an exemption from performing the biennial emergency plan exercise listed in 10 CFR 70.22(i)(3)(xii) in ca lendar year 2021 but must complete said exercise within 35 months of t he previously evaluated emergency plan exercise which occurred on September 18, 2019. Following that evaluated exercise, the lic ensee will conduct biennial emergency plan exercises in odd number years.

PRINCIPAL CONTRIBUTOR Ken Mott, NSIR/DPR/RLB