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| ==Dear Ms. Gayheart:== | | ==Dear Ms. Gayheart:== |
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| The U.S. Nuclear Regulatory Commission (NRC) has approved the requested exemption from requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.48, Fire protection, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2. This action is in response to the Southern Nuclear Operating Company, Inc. (licensee) application dated May 22, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20143A253), as supplemented by letter dated May 27, 2020 (ADAMS Accession No. ML20149K302), related to an NRC letter dated May 14, 2020 (ADAMS Accession No. ML20122A022), describing a process to request expedited review of certain exemptions from fire protection requirements during the Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE). | | The U.S. Nuclear Regulatory Commission (NRC) has approved the requested exemption from requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.48, Fire protection, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2. This action is in response to the Southern Nuclear Operating Company, Inc. (licensee) application dated May 22, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20143A253), as supplemented by {{letter dated|date=May 27, 2020|text=letter dated May 27, 2020}} (ADAMS Accession No. ML20149K302), related to an NRC {{letter dated|date=May 14, 2020|text=letter dated May 14, 2020}} (ADAMS Accession No. ML20122A022), describing a process to request expedited review of certain exemptions from fire protection requirements during the Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE). |
| Specifically, the application requested exemption from the quarterly fire brigade drills requirement and provided the following information: | | Specifically, the application requested exemption from the quarterly fire brigade drills requirement and provided the following information: |
| references to supporting documents; a statement that the licensee cannot meet the quarterly drill requirement of its fire protection program without workers taking actions that may be contrary to Centers for Disease Control and Prevention (CDC) guidance for responding to the COVID-19 PHE; a statement that the licensee would, for the duration of any exemption approved by NRC, apply a licensee-specific process to manage affected personnel, while ensuring the safety of its workers; the date when the exemption would be implemented, if approved, and when the licensee-specific process would take effect; a description of any changes made to the fire brigade drill program to provide means other than typical face-to-face, close-quarter drills for training and evaluations of brigade members during the exemption period (e.g., plans to review, with the fire brigade | | references to supporting documents; a statement that the licensee cannot meet the quarterly drill requirement of its fire protection program without workers taking actions that may be contrary to Centers for Disease Control and Prevention (CDC) guidance for responding to the COVID-19 PHE; a statement that the licensee would, for the duration of any exemption approved by NRC, apply a licensee-specific process to manage affected personnel, while ensuring the safety of its workers; the date when the exemption would be implemented, if approved, and when the licensee-specific process would take effect; a description of any changes made to the fire brigade drill program to provide means other than typical face-to-face, close-quarter drills for training and evaluations of brigade members during the exemption period (e.g., plans to review, with the fire brigade |
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MONTHYEARML20147A1712020-06-0202 June 2020 Exemption Request from Requirements of NFPA-805 Section 3.4.3(c)(1), Related to Quarterly Fire Brigade Drills Project stage: Other 2020-06-02
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Category:Exemption from NRC Requirements
MONTHYEARML24010A0032024-01-30030 January 2024 Exemption from Select Requirements of 10 CFR Part 73 - Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting NL-23-0877, Request for Exemption from Security Event Notification Implementation2023-11-29029 November 2023 Request for Exemption from Security Event Notification Implementation ML21179A1762021-08-0505 August 2021 FRN for Issuance of Exemption - Farley and Vogtle FSAR Update Exemption - Rev 1 ML21179A1852021-08-0404 August 2021 Exemption - Farley and Vogtle - FSAR Update Exemption - Rev 1 ML21179A2042021-08-0404 August 2021 LTR - Farley and Vogtle - Exemption Transmittal Letter - FSAR Update Exemption - Rev 1. Exemptions from the Requirements of 10 CFR Part 50, Section 50.71(e)(4), Final Safety Analysis Report Update Schedule NL-21-0543, Units 1 and 2 and Vogtle Electric Generating Plant - Units 1 and 2, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule2021-06-0909 June 2021 Units 1 and 2 and Vogtle Electric Generating Plant - Units 1 and 2, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20315A3742020-12-0404 December 2020 Exemption from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel Subsection VI C.3(I)(1) (EPID L-2020-LLE-0183 (COVID-19)) ML20295A5022020-11-10010 November 2020 Temporary Exemption from Requirements of 10 CFR Part 50, Appendix E, Sections IV.F.2.B and IV.F.2.C (EPID L-2020-LLE-0148 (COVID-19)) NL-20-1254, Request for One-Time Exemptions from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic2020-11-0606 November 2020 Request for One-Time Exemptions from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to COVID-19 Pandemic ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20220A6732020-08-18018 August 2020 Exemption Request from Certain Requirements of 10 CFR Part 73,Appendix B, General Criteria for Security Personnel, Section VI (EPIDs L-2020-LLE-0131/0132) ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20147A1712020-06-0202 June 2020 Exemption Request from Requirements of NFPA-805 Section 3.4.3(c)(1), Related to Quarterly Fire Brigade Drills NL-20-0620, SNC Requests a Temporary Exemption from the Quarterly Fire Brigade Drills and Annual Live Fire Fighting Training Requirements of the Regulation2020-05-22022 May 2020 SNC Requests a Temporary Exemption from the Quarterly Fire Brigade Drills and Annual Live Fire Fighting Training Requirements of the Regulation NL-19-0801, Quality Assurance Topical Report Submittal, Request for Schedular Exemption - 10 CFR 50.54(a)(3)2019-10-31031 October 2019 Quality Assurance Topical Report Submittal, Request for Schedular Exemption - 10 CFR 50.54(a)(3) ML16179A4102016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 NRC-2016-0169, Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 22016-08-0404 August 2016 Southern Nuclear Operating Company Exemption from NRC Requirements: Use of Optimized Zirlo Fuel Rod Cladding Material for Joseph M. Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2 NL-10-1795, Request for Exemption from 10 CFR 73.55(a)(1) Compliance Date -Environmental Assessment2010-09-10010 September 2010 Request for Exemption from 10 CFR 73.55(a)(1) Compliance Date -Environmental Assessment ML0921703672009-08-27027 August 2009 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 ML0923803292009-07-31031 July 2009 Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 1 NL-09-1134, Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 12009-07-31031 July 2009 Enclosure 4 to Southern Nuclear Operating Company Letter Dated July 31, 2009, Non-Proprietary Version of Enclosure 1 ML0602003622006-03-22022 March 2006 Exemption, Fire Rated Electrical Cable NL-05-0937, Units 1 and 2, Requests for Exemption/Amendment from Fire Protection Requirements at Farley Nuclear Plant2005-06-0909 June 2005 Units 1 and 2, Requests for Exemption/Amendment from Fire Protection Requirements at Farley Nuclear Plant NL-05-0883, Request for Exemption from 10 CFR 72.212(a)(2) and 10 CFR 72.2142005-05-20020 May 2005 Request for Exemption from 10 CFR 72.212(a)(2) and 10 CFR 72.214 ML0502504302005-04-13013 April 2005 EA, Exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.b & C ML0505301342005-04-0606 April 2005 Southern Nuclear Operating Co. (Hatch, Farley & Vogtle), Enclosure, EOF Relocation NL-04-2181, Joseph M. Farley Nuclear Plant, Request for Exemption from 10 CFR 72.124(c) - Criticality Monitors2005-01-19019 January 2005 Joseph M. Farley Nuclear Plant, Request for Exemption from 10 CFR 72.124(c) - Criticality Monitors 2024-01-30
[Table view] Category:Letter
MONTHYEARML24010A0032024-01-30030 January 2024 Exemption from Select Requirements of 10 CFR Part 73 - Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting ML24026A0532024-01-30030 January 2024 Notification of an NRC Fire Protection Team Inspection- (Report 05000348/2024011, 05000364/2024011) and Request for Information IR 05000348/20230402024-01-24024 January 2024 95001 Supplemental Inspection Report 05000348/2023040 and Follow-Up Assessment Letter ML23341A2042024-01-12012 January 2024 Request for Additional Information Exemption Requests for Physical Barriers (EPID L-2023-LLE-0018 & L-2023-LLE-0021) NL-24-0011, Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis2024-01-11011 January 2024 Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis ML23345A1312024-01-0303 January 2024 Withholding Letter - SNC Fleet - Physical Barriers Exemption (L-2023-LLE-0018 and L-2023-LLE-0021) ML23346A2222023-12-22022 December 2023 Transmittal of Dam Inspection Report - Public NL-23-0901, 30-Day 10 CFR 21 Notification - Framatome Supplied Siemens Medium Voltage (Mv) Circuit Breakers2023-12-15015 December 2023 30-Day 10 CFR 21 Notification - Framatome Supplied Siemens Medium Voltage (Mv) Circuit Breakers NL-23-0908, Cycle 30 Core Operating Limits Report2023-12-13013 December 2023 Cycle 30 Core Operating Limits Report NL-23-0877, Request for Exemption from Security Event Notification Implementation2023-11-29029 November 2023 Request for Exemption from Security Event Notification Implementation ML23228A1432023-11-22022 November 2023 Issuance of Amendment Nos. 249 and 246 to Revise TS 3.6.3, Surveillance Requirement 3.6.3.5 to Eliminate Event-Based Testing of Containment Purge Valves with Resilient Seals NL-23-0825, Reply to Notice of Violation EA-23-080 and Readiness for 95001 Inspection2023-11-14014 November 2023 Reply to Notice of Violation EA-23-080 and Readiness for 95001 Inspection ML23318A0672023-10-31031 October 2023 1 to Updated Final Safety Analysis Report, Updated NFPA 805 Fire Protection Program Design Basis Document, Technical Specification Bases Changes, Technical Requirements Manual Changes, IR 05000348/20230032023-10-24024 October 2023 Integrated Inspection Report 05000348/2023003 and 05000364/2023003 IR 05000348/20230912023-10-19019 October 2023 Final Significance Determination of a White Finding and Notice of Violation and Assessment Followup Letter NRC Inspection Report 05000348/2023091 IR 05000348/20234022023-10-18018 October 2023 Security Baseline Inspection Report 05000348/2023402 and 05000364/2023402 IR 05000348/20234412023-10-12012 October 2023 Supplemental Inspection Report 05000348/2023441 and 05000364/2023441 and Follow-Up Assessment Letter (Cover Letter) ML23241B0212023-09-12012 September 2023 Review of Quality Assurance Topical Report NL-23-0739, Response to NRC Inspection Report and Preliminary White Finding2023-09-0808 September 2023 Response to NRC Inspection Report and Preliminary White Finding IR 05000348/20230902023-08-31031 August 2023 NRC Inspection Report 05000348/2023090 and Preliminary White Finding and Apparent Violation ML23164A1202023-08-30030 August 2023 Proposed Inservice Inspection Alternative FNP-ISI-ALT-05-05, Version 1.0, to the Requirements of the ASME Code ML23240A0012023-08-30030 August 2023 Correction to Issuance of Amendment Nos. 241, 242, 243, and 244 ML23235A2962023-08-24024 August 2023 Issuance of Amendment Nos. 247 and 244, Regarding License Amendment Request to Revise Technical Specification 3.6.5, Containment Air Temperature, (EPID L-2023-LLA-0116) (Emergency Circumstances) NL-23-0716, Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-23023 August 2023 Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit NL-23-0713, Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-23023 August 2023 Response to Request for Additional Information Regarding Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit NL-23-0704, Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit2023-08-22022 August 2023 Emergency License Amendment Request: Technical Specification 3.6.5, Containment Air Temperature, One-Time Temporary Change to Limit IR 05000348/20330012023-08-14014 August 2023 NRC Operator License Examination Report 05000348/203301 and 05000364/2023302 NL-23-0658, Southern Nuclear Operating Company - Response to Request for Additional Information Regarding Quality Assurance Topical Report Submittal2023-08-11011 August 2023 Southern Nuclear Operating Company - Response to Request for Additional Information Regarding Quality Assurance Topical Report Submittal IR 05000348/20230022023-08-10010 August 2023 Integrated Inspection Report 05000348/2023002 and 05000364/2023002, and Apparent Violation ML23221A3062023-08-0909 August 2023 Notification of NRC Supplemental Inspection (95002) and Request for Information (Cover Letter) NL-23-0542, CFR 50.46 ECCS Evaluation Model Annual Report for 20222023-08-0909 August 2023 CFR 50.46 ECCS Evaluation Model Annual Report for 2022 NL-23-0624, Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis2023-08-0404 August 2023 Report of Changes to Emergency Plan and Summary of 50.54(q) Analysis ML23202A1122023-08-0202 August 2023 Units, 1 and 2; and Vogtle Units 1 and 2 - Request to Use a Provision of a Later Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XI NL-23-0628, Readiness for Supplemental Inspection EA-22-1012023-07-26026 July 2023 Readiness for Supplemental Inspection EA-22-101 NL-23-0566, ISFSI and Edwin I. Hatch Nuclear Plant ISFSI - Registration of Spent Fuel Cask Use2023-07-13013 July 2023 ISFSI and Edwin I. Hatch Nuclear Plant ISFSI - Registration of Spent Fuel Cask Use NL-23-0555, Request for Exemption from Physical Barrier Requirement2023-07-0707 July 2023 Request for Exemption from Physical Barrier Requirement NL-23-0506, to Non-Voluntary License Amendment Request: Technical Specification Revision to Adopt WCAP-17661-P-A, Improved RAOC and CAOC Fq Surveillance Technical Specifications2023-07-0505 July 2023 to Non-Voluntary License Amendment Request: Technical Specification Revision to Adopt WCAP-17661-P-A, Improved RAOC and CAOC Fq Surveillance Technical Specifications ML23136B1542023-07-0303 July 2023 Issuance of Amendment Nos. 246 & 243, Regarding License Amendment Request to Revise Technical Specification 4.3, Fuel Storage, to Correct Tabulated Values from the Associated Spent Fuel Pool (SFP) Criticality Analysis IR 05000348/20230102023-06-29029 June 2023 Comprehensive Engineering Team Inspection (CETI) Baseline Inspection Report 05000348/2023010 and 05000364/2023010 NL-23-0444, Quality Assurance Topical Report Submittal2023-06-15015 June 2023 Quality Assurance Topical Report Submittal ML23164A2182023-06-14014 June 2023 Draft Safety Evaluation for License Amendment Request to Revise Technical Specification 4.3, Fuel Storage, to Correct Tabulated Values from the Associated SFP Criticality Analysis (EPID L-2022-LLA-0138) - Letter NL-23-0457, ISFSI, and Edwin I. Hatch Nuclear Plant, ISFSI - Registration of Spent Fuel Cask Use2023-06-12012 June 2023 ISFSI, and Edwin I. Hatch Nuclear Plant, ISFSI - Registration of Spent Fuel Cask Use NL-23-0449, National Pollutant Discharge Elimination System (NPDES) Permit Renewal Application2023-06-0202 June 2023 National Pollutant Discharge Elimination System (NPDES) Permit Renewal Application NL-23-0383, SNC Response to Regulatory Issue Summary 2023-01:Preparation And.2023-05-19019 May 2023 SNC Response to Regulatory Issue Summary 2023-01:Preparation And. NL-23-0372, Units 1 & 2, Joseph M. Farley Nuclear Plant - Units 1 & 2, Vogtle Electric Generating Plant - Units 1 & 2, Annual Radiological Environmental Operating Reports for 20222023-05-10010 May 2023 Units 1 & 2, Joseph M. Farley Nuclear Plant - Units 1 & 2, Vogtle Electric Generating Plant - Units 1 & 2, Annual Radiological Environmental Operating Reports for 2022 NL-23-0337, Response to Request for Additional Information Related to License Amendment Request to Revise the Frequency of Surveillance Requirement 3.6.3.52023-05-0505 May 2023 Response to Request for Additional Information Related to License Amendment Request to Revise the Frequency of Surveillance Requirement 3.6.3.5 IR 05000348/20234402023-05-0505 May 2023 Reissue Farley Units-Final Significance Determination for a Security-Related Greater than Green Finding, Nov and Assessment Followup LTR, IR 05000348/2023440 and 05000364/2023440 - Cover IR 05000348/20230012023-05-0404 May 2023 Integrated Inspection Report 05000348/2023001 and 05000364/2023001 NL-23-0295, Reply to a Notice of Violation; EA-22-1012023-05-0101 May 2023 Reply to a Notice of Violation; EA-22-101 NL-23-0310, Annual Non-Radiological Environmental Operating Reports and Annual Radioactive Effluent Release Reports for 20222023-04-25025 April 2023 Annual Non-Radiological Environmental Operating Reports and Annual Radioactive Effluent Release Reports for 2022 2024-01-30
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June 2, 2020 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Co., Inc.
3535 Colonnade Parkway Birmingham, AL 35243
SUBJECT:
JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - APPROVAL OF EXEMPTION FROM REQUIREMENTS OF 10 CFR 50.48 RELATED TO QUARTERLY FIRE BRIGADE DRILLS (EPID L-2020-LLE-0074 [COVID-19])
Dear Ms. Gayheart:
The U.S. Nuclear Regulatory Commission (NRC) has approved the requested exemption from requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.48, Fire protection, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2. This action is in response to the Southern Nuclear Operating Company, Inc. (licensee) application dated May 22, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20143A253), as supplemented by letter dated May 27, 2020 (ADAMS Accession No. ML20149K302), related to an NRC letter dated May 14, 2020 (ADAMS Accession No. ML20122A022), describing a process to request expedited review of certain exemptions from fire protection requirements during the Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE).
Specifically, the application requested exemption from the quarterly fire brigade drills requirement and provided the following information:
references to supporting documents; a statement that the licensee cannot meet the quarterly drill requirement of its fire protection program without workers taking actions that may be contrary to Centers for Disease Control and Prevention (CDC) guidance for responding to the COVID-19 PHE; a statement that the licensee would, for the duration of any exemption approved by NRC, apply a licensee-specific process to manage affected personnel, while ensuring the safety of its workers; the date when the exemption would be implemented, if approved, and when the licensee-specific process would take effect; a description of any changes made to the fire brigade drill program to provide means other than typical face-to-face, close-quarter drills for training and evaluations of brigade members during the exemption period (e.g., plans to review, with the fire brigade
C. Gayheart members, records of past drill critiques, including areas where past drills indicated the need for retraining or broadened training);
a statement that this exemption, if granted, will be limited to personnel having prior experience with the activity to which they will be assigned; and a statement that compliance will be restored within 90 days of termination of the PHE or December 31, 2020, whichever occurs first.
Pursuant to 10 CFR 50.12, 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 50, which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security and when special circumstances are present.
Pursuant to 10 CFR 50.48(a), a licensee must have a fire protection plan that satisfies Criterion 3 of 10 CFR Part 50, Appendix A. Pursuant to 10 CFR 50.48(b), 10 CFR Part 50, Appendix R establishes fire protection features required to satisfy Criterion 3 of 10 CFR Part 50, Appendix A with respect to certain generic issues for nuclear power plants licensed to operate before January 1, 1979. Pursuant to 10 CFR 50.48(c), a licensee may maintain a fire protection program that complies with National Fire Protection Association (NFPA) Standard 805, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition (NFPA 805), as an alternative to complying with 10 CFR 50.48(b), which standard is incorporated by reference therein. Pursuant to NFPA 805, Section 3.4.3(c)(1), drills shall be conducted quarterly for each shift to test the response capability of the industrial fire brigade.
A PHE requiring the use of social distancing and other practices intended to slow the spread of illness was not considered during the rulemaking that established the requirement.
In its application, the licensee provides that it cannot meet the quarterly fire brigade drills requirement without workers taking actions that would conflict with practices recommended by the CDC to limit the spread of COVID-19.1 The compensatory measures that the licensee will implement during the exemption term will temporarily change its fire brigade drill program to provide means other than typical face-to-face, close-quarter drills for training and evaluations of brigade members. Specifically, this will involve (1) tabletop drills, (2) review of tabletop drill critiques with the entire fire brigade to share crew learnings, and (3) fire brigade leadership observations and reinforcement of fire protection fundamentals during the alternative process and will be limited to personnel having prior experience with the activity to which they will be assigned.
The requested exemption expires 90 days after the COVID-19 PHE ends or December 31, 2020, whichever occurs first. Therefore, this exemption temporarily extends the due dates to conduct quarterly fire brigade drills. The NRC staff has determined that the requested exemption is permissible under the Atomic Energy Act of 1954, as amended, and that no other prohibition of law exists to preclude the activities that would be authorized by the exemption.
Therefore, the NRC staff finds that the requested exemption is authorized by law.
1 CDC, How to Protect Yourself and Others, April 18, 2020 (ADAMS Accession No. ML20125A069).
C. Gayheart The requested exemption would not adversely affect the fire fighting capability of the fire brigades because all members are currently qualified for all tasks and the proposed compensatory measures will maintain their knowledge, skills, and abilities without the conduct of drills during the exemption term. Also, the plant fire protection features, firefighting plans, and fire protection equipment have not been altered. Further, the requested exemption would allow the affected fire brigade members to continue to be available to perform their functions during the COVID-19 PHE. Therefore, the NRC staff finds that the requested exemption will not present an undue risk to the public health and safety and is consistent with the common defense and security.
The requested exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation. Therefore, consistent with 10 CFR 50.12(a)(2)(v), the NRC staff finds that special circumstances are present.
Granting the requested exemption is categorically excluded under 10 CFR 51.22(c)(25) and there are no extraordinary 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 exemption is sought involve education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff also determined that approval of the requested exemption involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, change any of the assumptions or limits used in the licensees safety analyses, or introduce any new failure modes; no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because it does not affect any effluent release limits as provided in the licensees technical specifications or by the regulations in 10 CFR Part 20, Standards for Protection Against Radiation; no significant increase in individual or cumulative public or occupational radiation exposure because it 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; no significant construction impact because it does not involve any changes to a construction permit; and no significant increase in the potential for or consequences from radiological accidents because it does not alter any of the assumptions or limits in the licensees safety analyses. 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. As such, there are no extraordinary circumstances present that would preclude reliance on this categorical exclusion. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of the requested exemption. Based on the above, the NRC staff finds that the 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 and that special circumstances are present.
C. Gayheart The exemption is effective upon issuance until 90 days after the COVID-19 PHE is ended or until December 31, 2020, whichever occurs first.
Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.06.02 Erlanger 13:49:40 -04'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: Listserv
Letter/Exemption, ML20147A171 *via email OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1/LA NRR/DRA/APLB/BC NAME JLamb* KGoldstein* JWhitman*
DATE 05/23/2020 05/29/2020 05/28/2020 OFFICE OGC - NLO NRR/DORL/LPL2-1/BC NRR/DORL/D NAME JWachutka* MMarkley* CErlanger*
DATE 06/01/2020 06/02/2020 06/02/2020