ML20336A006

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-0219 (Covid 19))

ML20336A006
Person / Time
Site:	Seabrook
Issue date:	12/16/2020
From:	Craig Erlanger Plant Licensing Branch 1
To:	Moul D NextEra Energy Seabrook
Poole J, NRR/DORL/LPLI, 415-2048
References
EPID L-2020-LLE-0219
Download: ML20336A006 (6)

Text

December 16, 2020 Mr. Don Moul Executive Vice President, Nuclear Division, and Chief Nuclear Officer Florida Power & Light Company NextEra Energy Seabrook, LLC Mail Stop: EXJB 700 University Blvd.

Juno Beach, FL 33408

SUBJECT:

SEABROOK STATION, UNIT NO. 1 - EXEMPTION FROM ANNUAL FORCE-ON-FORCE EXERCISE REQUIREMENT OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SUBSECTION VI.C.3(I)(1) (EPID L-2020-LLE-0219) [COVID-19]

Dear Mr. Moul:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) 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 Seabrook Station, Unit No. 1 (Seabrook),

for calendar year (CY) 2020. This action is in response to NextEra Energy Seabrook, LLCs (NextEra, the licensee) application dated November 23, 2020, as supplemented by letter dated December 8, 2020 (Agencywide Documents Access and Management System (ADAMS)

Accession Nos. ML20329A205 and ML20343A112, respectively), 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) exercises for CY 2020 at Seabrook.

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 these exercises also supports the requalification of security force members.

On January 31, 2020, the U.S. Department of Health and Human Services declared the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE) for the United States.

Subsequently, the Centers for Disease Control and Prevention (CDC) issued recommendations (e.g., social distancing, limiting assemblies) to limit the spread of COVID-19. On June 8, 2020,

D. Moul (ADAMS Accession No. ML20143A273), the NRC granted the licensees previous request for temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1). That exemption is set to expire on 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 23, 2020, stated the following, in part:

The COVID PHE has not ended and continues to impact Seabrooks ability to conduct annual FOF exercises.

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 NextEra has continued to conduct the following training requalification requirements of 10 CFR Part 73, Appendix B, Section VI:

o Quarterly tactical response drills (tabletop drills, timeline drills, limited-scope tactical response drills) o Annual firearms familiarization (completed) o Annual daylight qualification course o Annual night fire qualification course o Annual tactical qualification course (completed) o On-the job-training (completed upon return from a leave of absence) o Annual physical examination (scheduled to the end of the year and on track) o Annual physical fitness test (scheduled to the end of the year and on track) o Weapons range activity (4-month periodicity) (completed) o Annual written exam (completed)

NextEra conducted tabletop exercises, reviewed lessons-learned of past exercises, communication drills and walkdowns of the routes of travel from past drills with all impacted security personnel.

In its December 8, 2020, response to NRC staffs request for additional information, the licensee stated the following, in part:

Performance of FOF exercises requires significant site resources that will result in exposing multiple individuals to conditions of close contact with others. Those scenarios would conflict with CDC guidance and NextEra policy for maintaining separation of 6 feet between personnel, and many of these situations would also be in enclosed areas.

Areas where public health measures cannot be followed due to the performance of an FOF exercise would be the inside of bullet resistant enclosures, and alarm stations, as they do not provide adequate social distancing capability for the increased FOF staffing.

The annual FOF exercises require the security staff to be onsite and within close proximity during the exercise. In addition, there is a potential for interdepartmental

D. Moul exposure risks with the addition of Seabrook non-security support staff that are required to participate in the exercise, briefings, and critiques.

Modifications to the drill and exercise program to accommodate the PHE, state, and NextEra guidelines would jeopardize the effectiveness of the safety protocols in place to run a full-scale FOF exercise in accordance with station procedures and regulatory guidelines.

Continued implementation of public health measures (for example, social distancing, group size limitations, remote working, etc.) taken at Seabrook remain necessary to protect the health and safety of essential site personnel during the COVID-PHE.

Participation in the annual FOF exercise with the current, rapidly increasing rate of COVID-19 infections in the towns and communities surrounding Seabrook in southern New Hampshire, and northern Massachusetts, exposes additional COVID-19 risk to security personnel, as well as site personnel that are necessary to participate in the FOF exercise.

This exemption is specific to CY 2020 and Seabrook 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. The licensee stated that the proposed exemption is related only to the conduct of annual FOF exercises and does not change physical security plans or the defensive strategy; 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 because NextEra has continued to conduct other training requalification requirements; security personnel will continue to be monitored regularly by supervisory personnel and have implemented controls as identified in the approved temporary exemption; therefore, granting the requested exemption will not endanger or compromise the common defense or security, or safeguarding of Seabrook. Additionally, the November 23, 2020, request, as supplemented by letter dated December 8, 2020, identified the site-specific actions listed above that have occurred or will continue to occur, at Seabrook to maintain contingency response readiness, consistent with the NRC staffs October 13, 2020, letter (ADAMS Accession No. ML20273A126).

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.

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 in accordance with the security requirements outlined 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 conducting quarterly tactical response drills and other security requalification requirements, the NRC staff has reasonable

D. Moul assurance that the security force at Seabrook 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. The NRC staff finds that the exemption from the annual FOF exercise requirement in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), for CY 2020 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 exemption for CY 2020 is in the public interest because it allows the licensee to maintain the required security posture at Seabrook, 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 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 changes 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 facility 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 Seabrook 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.

D. Moul If you have any questions, please contact the Seabrook project manager, Justin Poole, at (301) 415-2048 or Justin.Poole@nrc.gov.

Sincerely, Digitally signed by Craig Craig G. G. Erlanger Date: 2020.12.16 Erlanger 11:31:13 -05'00' Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: Listserv

ML20336A006 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NSIR/DPCP/RSB/BC NAME JPoole LRonewicz ABowers DATE 12/01/2020 12/01/2020 12/14/2020 OFFICE OGC - NLO NRR/DORL/LPL1/BC NRR/DORL/D NAME JBielecki JDanna CErlanger DATE 12/15/2020 12/15/2020 12/16/2020