[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23380-23382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08847]



[[Page 23380]]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281; NRC-2020-0099]


Virginia Electric and Power Company; Surry Power Station, Units 1 
and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to an April 6, 2020, request from the Virginia 
Electric and Power Company to temporarily suspend the requirement for 
on-the-job training to allow certain security training personnel to re-
qualify for assigned duties and responsibilities as an Armed Responder 
for the Surry Power Station, Units 1 and 2.

DATES: The exemption was issued on April 9, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0099. 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-2020-0099. 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, 301-415-4737, or 
by email to [email protected].
    The exemption request dated April 6, 2020, contains security-
related information and is accordingly withheld from public disclosure 
under 10 CFR 2.390. NRC staff's approval is available in ADAMS under 
Package Accession No. ML20098E802.

FOR FURTHER INFORMATION CONTACT: Shawn A. Williams, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1009, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 22, 2020.

    For the Nuclear Regulatory Commission.
Shawn A. Williams,
Senior 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.C.2., 
Subsections (a) and (b)

Nuclear Regulatory Commission

Docket Nos. 50-280, and 50-281

Virginia Electric and Power Company, Surry Power Station, Units 1 and 2 
Exemption

I. Background

    Virginia Electric and Power Company (the licensee) is the holder of 
the Renewed Facility Operating License Nos. DPR-32 and DPR-37 for Surry 
Power Station, Units 1 and 2 (Surry), which consists of two 
pressurized-water reactors (PWRs) located in Surry County, Virginia. 
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 6, 2020, (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML20099B303, 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,'' subsections C.2(a) and 
(b), 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 Commonwealth 
of Virginia on March 12, 2020, the licensee is requesting an exemption 
from these subsections to temporarily suspend the requirement for 40 
hours of on-the-job training (OJT) to allow the following security 
training personnel positions located at Surry and Innsbrook Technical 
Center (Dominion Energy corporate) to re-qualify for assigned duties 
and responsibilities as an Armed Responder at Surry: Supervisor Nuclear 
Security Training, Nuclear Security Trainer, Associated Nuclear 
Security Trainer/Armorer, and Nuclear Security Training Specialist 
(hereafter Security Training Staff). The exemption would apply to 
sequestered Security Training Staff used to support the licensee's 
security pandemic response team (PRT) that may be relied upon to 
augment and maintain the required minimum security staffing levels at 
Surry, if needed. These Security Training Staff would then become part 
of the PRT as Armed Responders.

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 requirements in 
Appendix B to Part 73, Section VI, subsections C.2(a) and C.2(b) 
related to OJT to allow Security Training Staff at Surry and Dominion 
Energy corporate to re-qualify for assigned duties and responsibilities 
as an Armed Responder. Section VI.C.2(a) and (b) requires, in part, 
that Armed Responders shall complete a minimum of 40 hours of OJT prior 
to assignment to demonstrate their ability to effectively apply the 
knowledge, skills, and abilities required to effectively perform 
assigned duties and responsibilities. The underlying purpose of these 
requirements are 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 certain Security Training Staff 
positions be exempt from the requirement to complete a minimum of 40 
hours of OJT for the purpose of re-qualifying for assigned duties and 
responsibilities as an Armed Responder at Surry. The NRC staff examined 
the licensee's rationale that supports the exemption request.
    The licensee stated that the Security Training Staff are subject 
matter experts in security and currently train individuals to perform 
security duties and implement the response strategy and are on-the-job 
qualified evaluators. The licensee indicated that the current Security 
Training Staff at Surry and Dominion Energy corporate were each at one 
time qualified, at a minimum, as an Armed Responder, which means they 
have already completed 40 hours of OJT or have been part of the 
training staff since before inception of the 40-hour OJT requirement. 
These Security Training Staff re-qualifying as Armed Responders will be 
required to comply with the other applicable regulatory

[[Page 23381]]

requirements for training and qualification.
    The licensee relies on the expertise of the Security Training Staff 
to inform security processes, firearms-related activities, and force-
on-force activities. The licensee attests that the Security Training 
Staff provides status updates on Surry processes and procedures, lesson 
plans, and dynamic learning activities, and that they continually 
perform activities associated with Surry's protective strategy and 
adjustments, terminology, or changes associated to the strategy. 
Additionally, the licensee indicated it requalified the Security 
Training Staff on the critical tasks of an Armed Responder in the 
Critical Task Matrix specified in the combined Millstone, North Anna 
and Surry Power Stations' Security Plan, Training and Qualification 
Plan, Safeguards Contingency Plan, and Independent Spent Fuel Storage 
Installation Security Program.
    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 stated that: ``Re-qualifying Security Training Staff 
as Armed Responders increases the margin to maintain minimum staffing. 
Security Training Staff are considered subject matter experts in each 
of the fields they instruct. At [Surry] qualified trainers are 
certified to instruct all regulatory related items in 10 CFR 73 
Appendix B. They have expert level knowledge of the protective 
strategy, security procedures, and target sets.'' The licensee 
requested that this exemption expire 90 days following the lifting of 
the state of emergency declared by the Commonwealth of Virginia on 
March 12, 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 have the ability to re-qualify Security Training Staff as 
Armed Responders to ensure that minimum security staffing will be 
maintained. In addition, granting this exemption for no longer than 90 
days following the lifting of the state of emergency declared by the 
Commonwealth of Virginia on March 12, 2020, the jurisdiction in which 
this facility is located, 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. The licensee 
may also need the Security Training Staff to remain on shift until it 
completes range activities or annual re-qualifications (e.g., firearms 
familiarization or qualification, use of force, etc.) for some regular 
members of the security force that may be due for such training.
    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, ``Maintaining SPS [Surry] in 
operation and secure during the pandemic will help to support the 
public need for reliable electricity supply to cope with the pandemic. 
If the plant is forced to shut down because it cannot comply with 
minimum staffing requirements, the area electrical grid would lose this 
reliable source of baseload power. In addition, SPS [Surry] personnel 
would face the added transient challenge of shutting down the plant and 
possibly not restarting it until the pandemic passes. This does not 
serve the public interest in maintaining a safe and reliable supply of 
electricity. In addition, maintaining the necessary security staff 
onsite promotes the safety and security of the plant, and, as a result, 
promotes the health, safety and security of the public as well.''
    Additionally, the licensee stated that, ``There would be an 
increased risk of exposure to the coronavirus if these individuals [the 
Security Training Staff] were required to complete the 40-hour on-shift 
OJT requirement. Placing these individuals on-shift and rotating them 
through multiple security posts to complete the 40-hour OJT requirement 
would require interaction with multiple people, thus increasing the 
risk of exposure to the coronavirus.''
    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 Surry 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 have 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 Commission 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 from the requirements of 10 CFR 73, Appendix B, Section 
VI, Subsection

[[Page 23382]]

C.2(a) and C.2(b), for Surry for those individuals occupying the 
identified positions on the Security Training Staff as of April 9, 
2020. This exemption would not be applicable to any subsequent 
requalification. This exemption expires no later than 90 days following 
the lifting of the state of emergency declared by the Commonwealth of 
Virginia on March 12, 2020.


    Dated at Rockville, Maryland, this 9th day of April 2020.

    For the Nuclear Regulatory Commission.

Craig Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2020-08847 Filed 4-24-20; 8:45 am]
 BILLING CODE 7590-01-P