[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23538-23540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08918]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-247 and 50-286; NRC-2020-0100]
Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating
Unit Nos. 2 and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an
exemption in response to an April 13, 2020, request from Entergy
Nuclear Operations, Inc. (the licensee), as supplemented by letter
dated April 16, 2020. The exemption grants the licensee's request for a
temporary exemption for Indian Point Nuclear Generating Unit Nos. 2 and
3 (Indian Point 2 and 3) from the requirements with respect to
extending the completion time for annual fire brigade physical
examinations by 90 days for 15 fire brigade members.
DATES: The exemption was issued on April 22, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0100 when contacting the
NRC about the availability of information regarding this document. 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-2020-0100. Address
questions about NRC docket 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 reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in the document.
FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-1030, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 22, 2020.
For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Plant Licensing Branch I, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
Attachment: Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-247 and 50-286
Entergy Nuclear Operations, Inc.
Indian Point Nuclear Generating Unit Nos. 2 and 3
Exemption
I. Background
Entergy Nuclear Operations, Inc. (the licensee) is the holder of
Renewed Facility Operating License Nos. DPR-26 and DPR-64 for Indian
Point Nuclear Generating Units Nos. 2 and 3, respectively (Indian Point
2 and 3). The licenses provide, among other things, that the facility
is subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (NRC or the Commission), now or hereafter in
effect. The Indian Point 2 and 3 facility consists of two pressurized-
water reactors located in Buchanan, New York.
II. Request/Action
By letter dated April 13, 2020, as supplemented by letter dated
April 16, 2020 (Agencywide Documents Access and Management System
(ADAMS) Accession Nos. ML20104C121 and ML20107J551, respectively), the
licensee requested a temporary exemption from Title 10 of the Code of
Federal Regulations (10 CFR) Part 50, Appendix R, Section III.H, which
requires (among other things) that the qualifications of fire brigade
members include an annual physical examination to determine their
ability to perform strenuous firefighting activities. Due to the
Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE)
currently affecting the United States, and the state of emergency
declared by the State of New York on March 7, 2020, the licensee has
implemented pandemic planning strategies that include isolation
activities and is requesting a temporary exemption from Appendix R,
Section III.H, to extend the due dates for fire brigade members to have
an annual physical examination in order to protect required site fire
brigade personnel in response to the COVID-19 PHE. The
[[Page 23539]]
exemption would apply to 15 Indian Point 2 and 3 staff who are members
of the fire brigade and extend, by 90 days, the due dates to conduct
their physical examinations from April 23 through June 19, 2020, to
July 22 through September 17, 2020, based on when an individual brigade
member's physical examination is due.
The regulatory framework that applies to Indian Point 2 and 3 is
contained in 10 CFR 50.48(b)(1), which requires that plants licensed
before January 1, 1979, meet all sections of Appendix R to 10 CFR part
50 (expect Sections III.G, III.J, and III.O), unless the fire
protection feature was specifically accepted by the NRC staff in a
safety evaluation report (1) issued before February 19, 1981, as
satisfying the provisions of Appendix A to Branch Technical Position
(BTP) APCSB 9.5-1, ``Guidelines for Fire Protection for Nuclear Power
Plants,'' or (2) issued before the publication of Appendix A of BTP
APCSB 9.5-1 (August 1976). Indian Point 2 and 3 began commercial
operations in 1974 and 1976, respectively. The acceptability to conduct
annual fire brigade physical examinations was not discussed in any
safety evaluation report before August 1976 or February 19, 1981. Thus,
Section III.H of 10 CFR part 50, Appendix R, requires, among other
things, that ``the qualification of fire brigade members shall include
an annual physical examination to determine their ability to perform
strenuous fire-fighting activities.''
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50 when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present.
The licensee requested an exemption from 10 CFR part 50, Appendix
R, Section III.H, which requires, in part, annual fire brigade physical
examinations be conducted for fire brigade members. The licensee claims
that special circumstances in 10 CFR 50.12(a)(2)(v), which state that,
``The exemption would provide only temporary relief from the applicable
regulation and the licensee or applicant has made good faith efforts to
comply with the regulation,'' are present.
A. The Exemption is Authorized by Law
The proposed exemption from 10 CFR part 50, Appendix R, Section
III.H, would temporarily extend, by 90 days, due dates occurring from
April 23 through June 19, 2020, to conduct annual physical examinations
for fire brigade members.
In accordance with 10 CFR 50.12, the NRC may grant an exemption
from the requirements of 10 CFR part 50 if it makes the requisite
findings, including findings that the exemption is authorized by law
and that special circumstances are present. The requested exemption is
authorized by law based on the findings set forth below and because no
other prohibition of law exists to preclude the activities that would
be authorized by the exemption. The NRC staff also finds that granting
the licensee's proposed exemption will not result in a violation of the
Atomic Energy Act of 1954, as amended, or the Commission's regulations.
Therefore, the NRC staff concludes that the exemption is authorized by
law.
B. The Exemption Will Not Present an Undue Risk to the Public Health
and Safety
The proposed exemption from 10 CFR part 50, Appendix R, Section
III.H, would temporarily extend, by 90 days, the due dates to conduct
annual physical examinations for fire brigade members. The NRC staff
finds that the exemption would not present an undue risk to the public
health and safety because the licensee will implement the following
actions prior to the expiration dates of the current physical
examinations:
1. Each affected fire brigade member will complete an annual
medical history questionnaire based on American National Standards
Institute (ANSI) Z-86.6-2006, ``Physical Qualifications for Respirator
Use,'' and the Occupational Safety and Health Administration Respirator
Medical Evaluation Questionnaire from 29 CFR 1910.134, Appendix C.
2. Each completed medical history questionnaire will be reviewed by
a licensed physician who will compare the answers to the previous
medical examination to determine if a 90-day extension is acceptable.
3. Telehealth conferencing will be used to conduct a one-on-one
assessment of the fire brigade member to complete the review, if
needed.
In addition to the above, each fire brigade member is part of an
Operations Watch Team and is subject to the provisions of the
licensee's behavioral observation program, which is established by
procedure, to ensure compliance with 10 CFR 73.56, ``Access
Authorization Program for Nuclear Power Plants.'' Under this program, a
decrease in health or performance of a fire brigade member would be
identified by an Operations supervisor. Also, as part of this program,
fire brigade members are made acutely aware of the need to immediately
report any change in their current health to their supervisor.
Also, a supervisor will inform each of the 15 affected fire brigade
members, in person, of the exemption; the risks of conducting fire
brigade activities, including wearing respiratory protection; the
rationale for annual physical examinations; the deviation from the
annual examination requirements; and the requirement that compliance be
restored within 90 days of each original annual physical examination
due date, or another date as indicated by a physician, whichever is
sooner. The licensee indicated that it will use its corrective action
program to document the performance of the planned actions discussed
above.
Based on the performance of the above activities as described in
the licensee's exemption request, as supplemented, the NRC staff
concludes that granting the temporary exemption from the requirement in
10 CFR part 50, Appendix R, Section III.H, related to conducting annual
physical examinations for fire brigade members will not present an
undue risk to the public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The proposed exemption from 10 CFR part 50, Appendix R, Section
III.H, would temporarily extend, by 90 days, the due dates to conduct
annual physical examinations for fire brigade members currently due
from April 23 through June 19, 2020. The 90-day extension would not
adversely impact the firefighting capability of the Indian Point 2 and
3 fire brigade, because all members are currently qualified for all
tasks, and the plant fire protection features, firefighting plans, and
fire protection equipment have not been altered. In addition, this
temporary exemption would allow the affected fire brigade members to
continue to be available to perform their functions during the COVID-19
PHE, provided a review of each member's medical history yields
satisfactory results. Therefore, the NRC staff concludes that the
common defense and security is not impacted by this temporary
exemption.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v),
are present whenever an exemption would provide
[[Page 23540]]
only temporary relief from the applicable regulation and the licensee
or applicant has made good faith efforts to comply with the regulation.
The licensee is requesting an exemption to allow a temporary
extension of the 10 CFR part 50, Appendix R, Section III.H requirement
that annual physical examinations be conducted for fire brigade
members. The exemption would apply to 15 Indian Point 2 and 3 staff who
are members of the fire brigade and extend, by 90 days, the due dates
to conduct these physical examinations currently due from April 23
through June 19, 2020, to July 22 through September 17, 2020, based on
when an individual brigade member's physical examination is due.
The licensee had scheduled these annual physical examinations to
comply with the regulation, and prior to the implementation of
isolation activities (e.g., social distancing, group size limitations,
self-quarantining, etc.) necessary to protect brigade personnel in
response to the COVID-19 PHE, the licensee had successfully scheduled
and completed previous annual fire brigade physical examinations within
the specified frequency. As discussed in Section III.B above, the
licensee will implement certain actions, including having each member
complete an annual medical history questionnaire, having that medical
questionnaire reviewed by a licensed physician, and using telehealth
conferencing if a one-on-one assessment is needed, prior to the
respective member's approved extension period.
Since the exemption would only grant temporary relief from the
regulation, and the licensee has made good faith efforts to comply with
the regulation, the NRC staff finds that the special circumstances
required by 10 CFR 50.12(a)(2)(v) exist for the granting of an
exemption from 10 CFR part 50, Appendix R, Section III.H, in regard to
conducting the annual physical examinations for fire brigade members.
E. Environmental Considerations
The granting of the proposed exemption is categorically excluded
under 10 CFR 51.22(c)(25) and there are no special (or 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
proposed action would grant an exemption from education, training,
experience, qualification, requalification, or other employment
suitability requirements. The NRC staff also determined, per 10 CFR
51.22(c)(25)(i), that granting the proposed exemption involves no
significant hazards consideration because the 90-day extension of due
dates to conduct annual physical examinations for fire brigade members
does not change the way the reactor protections systems perform,
authorize any hardware or design changes, alter any assumptions made in
the safety analyses, introduce any new failure modes, or alter any
safety limits. Thus, the issuance of the exemption does not (1) involve
a significant increase in the probability or consequences of an
accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety.
Similarly, per 10 CFR 51.22(c)(25)(v), there is no significant increase
in the potential for or consequences from radiological accidents.
In addition, the NRC staff determined that there would be no
significant impacts to biota, water resources, air or terrestrial
resources, historic properties, cultural resources, or socioeconomic
conditions in the region. The requested temporary deferral of physical
examinations, based on the medical review and other actions the
licensee plans to implement, would maintain fire brigade availability
during the COVID-19 PHE. Thus, per 10 CFR 51.22(c)(25)(ii) and (iii),
there is no significant change in the types or significant increase in
the amounts of any effluents that may be released offsite and no
significant increase in individual or cumulative public or occupational
radiation exposure. In addition, because the proposed exemption does
not authorize any construction, per 10 CFR 51.22(c)(25)(iv), there is
no significant construction impact. As such, there are no special (or
extraordinary) circumstances present that would preclude reliance on
this categorical exclusion.
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for the categorical exclusion
set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR
51.22(b), no environmental impact statement or environmental assessment
need be prepared in connection with the granting of this exemption.
IV. Conclusions
Accordingly, the Commission has determined that pursuant to 10 CFR
50.12, 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 there are special circumstances present.
Therefore, based upon the medical review and other actions described in
the exemption request, as supplemented, the Commission hereby grants
the licensee's request for a temporary exemption from the 10 CFR part
50, Appendix R, Section III.H, fire brigade annual qualification
requirement by extending, by 90 days, the completion time for annual
fire brigade physical examinations due from April 23 through June 19,
2020, to July 22 through September 17, 2020, for 15 brigade members at
Indian Point 2 and 3.
Dated: April 22, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-08918 Filed 4-27-20; 8:45 am]
BILLING CODE 7590-01-P