[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22758-22760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08596]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287; NRC-2020-0097]
Duke Energy Carolinas, LLC; Oconee Nuclear Station, Unit Nos. 1,
2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption for the Oconee Nuclear Station, Unit Nos. 1, 2 and 3 in
response to a request from Duke Energy Carolinas, LLC dated April 14,
2020, as supplemented by letter dated April 16, 2020, for an exemption
from specific requirements in the NRC's regulations regarding security
officer participation in force-on-force training exercises.
DATES: The exemption was issued on April 17, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0097. You may obtain
publicly-available information related to this document using any of
the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0097. Address
questions about NRC dockets IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-
[[Page 22759]]
415-4737, or by email to [email protected].
The exemption request dated April 14, 2020, as supplemented by
letter dated April 16, 2020, contains security-related information and
is accordingly withheld from public disclosure under section 2.390 of
title 10 of the Code of Federal Regulations (CFR). The NRC staff's
approval is available in ADAMS under Accession No. ML20104C070.
FOR FURTHER INFORMATION CONTACT: Michael Mahoney, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3867, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch II-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption 10 CFR 73, Appendix B, Section VI, Subsection
C.3.(I)(1)
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-269, 50-270, and 50-287
Duke Energy Carolinas, LLC.
Oconee Nuclear Station, Unit Nos. 1, 2, and 3 Exemption
I. Background
Duke Energy Carolinas, LLC. (Duke Energy, the licensee) is the
holder of the Renewed Facility Operating Licenses (FOLs) DPR-38, DPR-
47, and DPR-55, for Oconee Nuclear Station, Unit Nos. 1, 2, and 3
(Oconee), which consists of three pressurized-water reactors (PWRs)
located in Oconee County, South Carolina. The licenses provide, among
other things, that the facilities are subject to all the rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC,
Commission) now or hereafter in effect.
II. Request/Action
By letter dated April 14, 2020, as supplemented by letter dated
April 16, 2020 (Agencywide Documents Access and Management System
(ADAMS) Accession Nos. ML20105A105 and ML20107H265, respectively
(withheld from public disclosure)), the licensee requested an exemption
from 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,''
Subsection C.3.(I)(1), in part, pursuant to 10 CFR 73.5, ``Specific
exemptions.'' Due to the Coronavirus Disease 2019 (COVID-19) pandemic
currently affecting the United States and the state of emergency
declared by the State of South Carolina on March 13, 2020, the licensee
is requesting an exemption to temporarily suspend the requirement of
this subsection that each member of each shift who is assigned duties
and responsibilities required to implement the safeguards contingency
plan and licensee protective strategy participate in at least one (1)
force-on-force exercise on an annual basis.
III. Discussion
Pursuant to 10 CFR 73.5, 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.
The licensee requests to temporarily suspend portions of
requirements in Appendix B to Part 73, Section VI, Subsection
C.3.(l)(1) related to requalification requirement of security personnel
who are assigned duties and responsibilities required to implement the
safeguards contingency plan and licensee protective strategy.
Specifically, 10 CFR part 73, Appendix B, Section VI, Subsection
C.3.(l)(1) requires that 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) tactical response drill on a quarterly basis and one (1)
force-on-force exercise on an annual basis. The licensee is requesting
an exemption from the requirement in 10 CFR part 73, Appendix B,
Section VI, Subsection C.3.(l)(1) that security personnel participate
in at least one (1) force-on-force exercise on an annual basis. The
underlying purpose of this requirement is to ensure that the
individuals can perform their duties in accordance with the licensee's
approved security plans.
A. The Exemption is Authorized by Law
The licensee is proposing that security personnel who are assigned
duties and responsibilities required to implement the safeguards
contingency plan and licensee protective strategy be exempt from the
requirement of meeting the requalification requirements to participate
in at least one (1) force-on-force exercise on an annual basis. The NRC
staff examined the licensee's rationale that supports the exemption
request.
The licensee states that the exemption is related to training
requalification and does not change physical security plans or the
defensive strategy. The licensee states that security personnel
impacted by the exemption are currently satisfactorily qualified on all
required tasks. The licensee states that security personnel are
regularly monitored by supervisory personnel. Additionally, to ensure
the impacted security personnel maintain the knowledge, skills, and
abilities required to effectively perform assigned duties and
responsibilities, the licensee states, ``Oconee will continue to
conduct quarterly tactical response drills to ensure the security force
maintains response readiness. Annual exercises that are suspended as a
result of this temporary exemption will be rescheduled in accordance
with the parameters outlined in this exemption request.'' Further, the
licensee states, ``Oconee will track and document when requalification
periodicities have been exceeded.''
In accordance with 10 CFR 73.5, the Commission may grant exemptions
from the regulations in 10 CFR part 73, as authorized by law. The NRC
staff finds that granting the licensee's proposed exemption will not
result in a violation of the Atomic Energy Act of 1954, as amended, or
other laws, and is, thus, authorized by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
The licensee asserts the requested exemption will not endanger life
or property or the common defense and security. The licensee states the
requested exemption is a temporary exemption to allow deferring of the
security training requalification requirement for certain members of
the security organization to participate in one force-on-force exercise
annually. The licensee states ``Oconee had scheduled these
requalification activities to comply with the regulation. However,
these activities must be rescheduled to allow implementation of the
Duke Energy pandemic response plan mitigation strategies.'' The
licensee argues these strategies serve the public interest by ensuring
adequate staff isolation and maintaining staff health to perform their
job function actions during the COVID-19 pandemic. The licensee further
asserts the proposed exemption is related to training requalification
and does not change physical security plans or the defensive strategy.
The licensee further states security personnel impacted by this
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exemption are currently satisfactorily qualified on all required tasks.
In addition, security personnel are monitored regularly by supervisory
personnel and the licensee will continue to conduct quarterly tactical
response drills to ensure the security force maintains response
readiness. Therefore, the licensee states that granting the requested
temporary exemption will not endanger or compromise the common defense
or security, or safeguarding Oconee. The licensee requested that this
exemption expire 90 days following the lifting of the state of
emergency declared by the State of South Carolina on March 13, 2020.
The NRC staff finds that the requested exemption will continue to
allow the licensee to maintain the required security posture as the
licensee will continue to conduct the required quarterly tactical
response drills to ensure the response force maintains its proficiency
and readiness. In addition, granting this exemption for no longer than
90 days following the lifting of the state of emergency declared on
March 13, 2020, by the state of South Carolina, the jurisdiction in
which this facility is located, or December 31, 2020, whichever occurs
first, would allow for the licensee to restore normal security staffing
in a systematic manner. For example, it may take time after the state
of emergency is lifted for COVID-19-affected security personnel to
fully recover and return to work. Based on the above, the NRC staff
concludes that the proposed exemption would not endanger life or
property or the common defense and security.
C. Otherwise in the Public Interest
On March 28, 2020, the Cybersecurity & Infrastructure Security
Agency (CISA) within the U.S. Department of Homeland Security (DHS)
published Version 2.0 of its ``Guidance on the Essential Critical
Infrastructure Workforce: Ensuring Community and National Resilience in
COVID-19 Response'' (https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce). Although that guidance is
advisory in nature, it is designed to ensure ``continuity of functions
critical to public health and safety, as well as economic and national
security.'' DHS and CISA recommend the Energy Sector, including nuclear
power reactor facilities, workers and functions, continue to operate
during the COVID-19 public health emergency.
The licensee states, in part, that, ``[k]eeping Oconee in operation
during the pandemic will help to support the public need for reliable
electricity supply to cope with the pandemic. As the U.S. Departments
of Homeland Security and Energy have stated in their guidance, the
electric grid and nuclear plant operation make up the nation's critical
infrastructure similar to the medical, food, communications, and other
critical industries. If the Security force is impacted because it
cannot comply with the security training requalification requirements
while isolation restrictions are in effect for essential crew members,
the physical protection of the plant may be affected. This does not
serve the public interest in maintaining a safe and reliable supply of
electricity.''
Additionally, the licensee states, ``The Duke Energy pandemic
response plan is based on NEI 06-03, Pandemic Threat Planning,
Preparation, and Response Reference Guide (i.e., Reference 4) which
recommends isolation strategies such as sequestering, use of super
crews or minimum staffing as applicable, as well as social distancing,
group size limitations and self-quarantining, in an event of a
pandemic, to prevent the spread of the virus to the plant. NEI 06-03
provides other mitigation strategies that serve the public interest
during a pandemic by ensuring adequate staff is isolated from the
pandemic and remains healthy to perform their job function.'' According
to the licensee, holding force-on-force exercises would locate drill
participants and drill controllers in close quarters making it
impractical to meet the recommendation for social distancing. The
licensee explains that maintaining a fully staffed and healthy
workforce is in the best interest of public health and safety when
considering the health risk of conducting activities which would put
people in close contact during the pandemic.
Based on the above and the NRC staff's aforementioned findings, the
NRC staff concludes that the exemption is in the public interest
because it allows the licensee to maintain the required security
posture at Oconee while the facility continues to provide electrical
power. The exemption also enables the licensee to minimize the risk of
exposing essential security personnel to the coronavirus during the
COVID-19 public health emergency.
D. Environmental Considerations
The NRC staff's approval of this exemption request is categorically
excluded under 10 CFR 51.22(c)(25)(vi)(E), and there are no special
circumstances present that would preclude reliance on this exclusion.
The NRC staff determined that this action applies to granting of an
exemption from requirements relating to education, training,
experience, qualification, requalification, or other employment
suitability requirements. The NRC staff has determined that approval of
this exemption request involves no significant hazards consideration;
no significant change in the types or significant increase in the
amounts of any effluents that may be released offsite; no significant
increase in individual or cumulative public or occupational radiation
exposure; no significant construction impact; and no significant
increase in the potential for or consequences from radiological
accidents. In addition, the NRC staff has 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 this exemption request.
IV. Conclusions
Accordingly, the NRC has determined that pursuant to 10 CFR part
73.5, the exemption is authorized by law, will not endanger life or
property or the common defense and security, and are otherwise in the
public interest. Therefore, the Commission hereby grants the licensee
an exemption for Oconee from the requirement of 10 CFR 73, Appendix B,
Section VI, Subsection C.3.(l)(1), that security personnel who are
assigned duties and responsibilities required to implement the
safeguards contingency plan and licensee protective strategy
participate in at least one (1) force-on-force exercise on an annual
basis. This exemption expires no later than 90 days following the
lifting of the state of emergency declared on March 13, 2020, by the
State of South Carolina, or December 31, 2020, whichever occurs first.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Craig Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-08596 Filed 4-22-20; 8:45 am]
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