[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 28988-28991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10369]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346; NRC-2020-0111]


Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation 
LLC; Davis-Besse Nuclear Power Station, Unit No. 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a 
temporary exemption from certain periodic training and requalification 
requirements for security personnel at the Davis-Besse Nuclear Power 
Station, Unit No. 1, in response to an April 23, 2020, request, as 
supplemented on May 6, 2020, from Energy Harbor Nuclear Corp.

DATES: The temporary exemption was issued on May 8, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0111. 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-2020-0111. 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 (PDR) 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 this document. The NRC staff's approval is 
available in ADAMS under Accession No. ML20119B072.

FOR FURTHER INFORMATION CONTACT: Blake A. Purnell, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1380, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: May 11, 2020.


[[Page 28989]]


    For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-346

Energy Harbor Nuclear Corp.

Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power 
Station, Unit No. 1; Exemption

I. Background

    Energy Harbor Nuclear Corp. (EHNC) and Energy Harbor Nuclear 
Generation LLC (collectively, the licensees) are the holders of the 
Renewed Facility Operating License No. NPF-3 for Davis-Besse Nuclear 
Power Station, Unit No. 1 (Davis-Besse), which consists of a 
pressurized-water reactor (PWR) located in Ottawa County, Ohio. The 
license provides, among other things, that the facility is 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 23, 2020 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML20114E221), as supplemented 
by letter dated May 6, 2020 (ADAMS Accession No. ML20128J218), EHNC 
requested a temporary exemption from certain periodic requalification 
requirements for security personnel in 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,'' pursuant to 10 CFR 73.5, ``Specific 
exemptions.'' Specifically, 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 Ohio on March 9, 
2020, EHNC requests a temporary exemption from the following 
requirements in 10 CFR part 73, Appendix B, Section VI, related to 
periodic training and requalification of security personnel at Davis-
Besse:
     Paragraph B.5.(a): ``At least annually, armed and unarmed 
individuals shall be required to demonstrate the capability to meet the 
physical requirements of this appendix [10 CFR part 73, Appendix B] and 
the licensee training and qualification plan.''
     Paragraph C.3.(l)(1) 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) tactical response drill on a quarterly 
basis and one (1) force-on-force exercise on an annual basis.''
     Paragraph D.1.(b)(3) in part: ``Armed individuals shall be 
administered an annual written exam that demonstrates the required 
knowledge, skills, and abilities to carry out assigned duties and 
responsibilities as an armed member of the security organization.''
     Paragraph D.2.(a): ``Armed and unarmed individuals shall 
be requalified at least annually in accordance with the requirements of 
this appendix [10 CFR part 73, Appendix B] and the Commission-approved 
training and qualification plan.''
     Paragraph E.1.(c): ``The licensee shall conduct annual 
firearms familiarization training in accordance with the Commission-
approved training and qualification plan.''
     Paragraph E.1.(f) in part: ``Armed members of the security 
organization shall participate in weapons range activities on a nominal 
four (4) month periodicity.''
     Paragraph F.5.(a): ``Armed members of the security 
organization shall be re-qualified for each assigned weapon at least 
annually in accordance with Commission requirements and the Commission-
approved training and qualification plan, and the results documented 
and retained as a record.''
    EHNC requested that this temporary exemption expire 90 days after 
the end of the COVID-19 PHE, or December 31, 2020, whichever occurs 
first.

III. Discussion

    On January 31, 2020, the U.S. Department of Health and Human 
Services declared a PHE for the United States to aid the nation's 
healthcare community in responding to COVID-19. On March 11, 2020, the 
COVID-19 outbreak was characterized as a pandemic by the World Health 
Organization.
    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.
    EHNC is requesting a temporary exemption from the requirements in 
paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f), 
and F.5.(a) of 10 CFR part 73, Appendix B, Section VI, related to the 
periodic training and requalification of security personnel, pursuant 
to 10 CFR 73.5. EHNC is requesting this temporary exemption to support 
licensee isolation activities (e.g., social distancing, group size 
limitations, and self-quarantining) to help protect required site 
personnel from COVID-19 and ensure personnel remain capable of 
maintaining plant security. EHNC stated that these ``isolation 
activities restrict certain training activities.'' Notably, EHNC stated 
that: ``Range activities are challenged by current social distancing 
and safety guidelines relevant to COVID-19 response standards. Weapons 
range activities require significant staff support that potentially 
places armed individuals in the Energy Harbor Nuclear Corp. security 
organization and other security staff in close proximity to one 
another, increasing the likelihood of staff and officer exposure to 
COVID-19. Range activities present additional hygiene issues relevant 
to range facilities during the PHE.''
    EHNC also stated that the requested exemption does not change 
physical security plans or defensive strategy. More specifically, EHNC 
stated that security personnel impacted by this exemption are currently 
satisfactorily qualified on all required tasks and are monitored 
regularly by supervisory personnel.

Licensee Provided Controls To Maintain the Knowledge, Skills, and 
Abilities of Security Personnel

    EHNC has identified controls that have been or will be implemented 
at Davis-Besse to ensure impacted security personnel maintain the 
knowledge, skills, and abilities required to effectively perform 
assigned duties and responsibilities during the period of this 
temporary exemption (i.e., up to 90 days after the end of the COVID-19 
PHE, or December 31, 2020, whichever occurs first). A discussion of how 
these controls relate to the current requirements is provided below:
    1. Paragraph B.5.(a) of 10 CFR 73, Appendix B, Section VI: The 
purpose of the annual physical requirements in paragraph B.5.(a) is to 
ensure armed and unarmed members of the licensee's security 
organization are capable of performing their assigned duties necessary 
for implementing the licensee's Commission-approved security plans, 
protective strategy, and implementing procedures. To help ensure 
impacted security personnel

[[Page 28990]]

maintain the knowledge, skills, and abilities required to effectively 
perform assigned duties and responsibilities at Davis-Besse, EHNC has 
established measures ``to ensure security personnel self-report and 
notify supervision or medical personnel, as appropriate, of changes 
related to their physical fitness that could impact their ability to 
perform their respective job function.''
    2. Paragraph C.3.(l)(1) of 10 CFR 73, Appendix B, Section VI: The 
purpose of the quarterly tactical drills and the annual licensee 
conducted force-on-force exercises is to ensure that the site security 
force maintains its contingency response readiness. Participation in 
these drills and exercises also supports the requalification of 
security force members. To help ensure impacted security personnel 
maintain the knowledge, skills, and abilities required to effectively 
perform assigned duties and responsibilities at Davis-Besse, EHNC 
described the measures it is taking to ensure contingency response 
readiness. These measures are: Conducting individual table top 
discussions during the shift and review of response locations with 
adherence to social distancing standards; providing officers with shift 
discussion topics utilizing lessons learned from previous exercises and 
based on training lesson plans/material objectives; and providing for 
officer follow up questions and answers relevant to the focus topics 
with adherence to social distancing standards.
    3. Paragraphs D.1.(b)(3), D.2.(a), E.1.(c), and F.5.(a) of 10 CFR 
73, Appendix B, Section VI: The purpose of the annual requalification 
requirements is to ensure the licensee's armed and unarmed individuals 
possess the requisite knowledge, skills, and abilities to effectively 
perform assigned duties in accordance with the Commission-approved 
security plans, protective strategy, and implementing procedures for 
the site. To help ensure impacted security personnel maintain the 
knowledge, skills, and abilities required to effectively perform 
assigned duties and responsibilities at Davis-Besse, EHNC stated that 
it ``has established measures to ensure that individuals maintain 
performance capability despite not completing the annual 
requalification for the annual written exam, firearms familiarization 
and weapons requalification.'' These measures include lesson plan 
objective-based discussions topics regarding critical tasks necessary 
for performance of security duties and regarding the fundamentals of 
marksmanship.
    4. Paragraph E.1.(f) of 10 CFR 73, Appendix B, Section VI: The 
purpose of the weapons range activity is to ensure that armed 
individuals in the licensee's security organization maintain weapons 
proficiency in support of the licensee's physical protection program. 
To help ensure impacted security personnel maintain the knowledge, 
skills, and abilities required to effectively perform assigned duties 
and responsibilities at Davis-Besse, EHNC stated that it ``will 
establish measures to ensure that individuals maintain performance 
capability despite not completing weapons range activities on a nominal 
four-month periodicity. Those measures include discussion topics 
regarding relevant range activities and are based on range training 
lesson plan objectives to maintain knowledge of weapon performance 
requirements.''

Restoring Compliance With 10 CFR 73, Appendix B, Section VI

    EHNC requested that this exemption expire 90 days after the end of 
the COVID-19 PHE, or December 31, 2020, whichever occurs first. EHNC 
indicates that the additional time period after the end of the COVID-19 
PHE will be used to restore compliance with the periodic security 
training and requalification requirements at Davis-Besse. To support 
restoring compliance with these requirements, EHNC stated that it will 
maintain a list with the names of the individuals that do not meet the 
periodic security requalification requirements, including the date(s) 
when each individual exceeds the required training periodicities. It is 
the NRC's expectation that any annual licensee-conducted force-on-force 
exercises that are delayed will be rescheduled so that they are 
completed after the PHE ends. Security personnel that miss one or more 
quarterly tactical drills during the period of the exemption would need 
to resume participation in those drills after the exemption expires.
A. The Exemption Is Authorized by Law
    EHNC is requesting an exemption from the requirements related to 
periodic training and requalification of security personnel in 
paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f), 
and F.5.(a) of 10 CFR part 73, Appendix B, Section VI. 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 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
    EHNC stated that the requested exemption will not endanger life or 
property or the common defense and security. The requested exemption 
would temporarily allow the identified security training and 
requalification requirements to be deferred for security personnel 
currently satisfactorily qualified at Davis-Besse. EHNC indicated that 
although it had scheduled these requalification activities to comply 
with the regulation, these activities must be rescheduled to allow 
implementation of the EHNC pandemic response plan mitigation 
strategies. EHNC asserts that 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 PHE.
    EHNC stated that the requested exemption is related to training 
requalification and does not change physical security plans or 
defensive strategy. EHNC stated that security personnel impacted by the 
requested exemption are currently satisfactorily qualified on all 
required tasks. EHNC also stated that security personnel are monitored 
regularly by supervisory personnel. As discussed above, EHNC identified 
controls that have been or will be implemented at Davis-Besse to ensure 
impacted security personnel maintain the knowledge, skills, and 
abilities required to effectively perform assigned duties and 
responsibilities. Therefore, EHNC stated that granting the requested 
temporary exemption will not endanger or compromise the common defense 
or security or the safeguarding of Davis-Besse. EHNC requested that the 
exemption expire 90 days after the end of the COVID-19 PHE, or December 
31, 2020, whichever occurs first. EHNC stated that this timeframe is 
needed for it to restore compliance with the periodic security training 
and requalification requirements at Davis-Besse.
    The NRC staff finds that the controls EHNC has or will establish 
for the duration of the exemption are adequate to ensure that the 
required security posture at Davis-Besse is maintained. These controls 
are adequate because they include a variety of mechanisms to help 
ensure impacted security personnel continue to maintain the knowledge, 
skills, and abilities required to perform assigned duties and 
responsibilities, and as a result, will continue to ensure adequate 
security of Davis-Besse. In addition, the requested duration of the 
exemption would allow

[[Page 28991]]

EHNC time to restore normal requalification processes at Davis-Besse in 
a systematic manner. For example, it may take time after the PHE has 
ended for security personnel affected by COVID-19 to fully recover and 
return to duty status. 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 April 17, 2020, the Cybersecurity & Infrastructure Security 
Agency (CISA) within the U.S. Department of Homeland Security (DHS) 
published Version 3.0 of its ``Guidance on the Essential Critical 
Infrastructure Workforce: Ensuring Community and National Resilience in 
COVID-19 Response.'' 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.'' In 
addition, the Centers for Disease Control and Prevention (CDC) has 
issued recommendations (e.g., social distancing, limiting assemblies) 
to limit the spread of COVID-19.
    EHNC stated, in part, that:

    The Energy Harbor Nuclear Corp. pandemic response plan is based 
on [the Nuclear Energy Institute (NEI) guidance document] NEI 06-03, 
Pandemic Threat Planning, Preparation, and Response Reference Guide 
(Reference 4), which recommends isolation strategies such as 
sequestering, use of super crews or minimum staffing as well as 
social distancing, group size limitations and self-quarantining, in 
the 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.
    Keeping [Davis-Besse] in operation during the pandemic will help 
to support the public need for reliable electricity supply to cope 
with the pandemic. As the US 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 plant operation is impacted because it cannot comply with the 
security training requalification requirements while isolation 
activities are in effect for essential crew members, the area 
electrical grid would lose this reliable source of baseload power. 
In addition, [Davis-Besse] personnel could face the added transient 
challenge of shutting down their respective 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.

    EHNC stated that the requalification activities for security 
personnel at Davis-Besse must be rescheduled to allow implementation of 
the EHNC pandemic response plan mitigation strategies. In addition, 
EHNC indicated that this exemption would support the licensee's 
implementation of isolation activities (e.g., social distancing, group 
size limitations, and self-quarantining) at Davis-Besse. EHNC stated 
these actions serve the public interest by ensuring adequate staff 
isolation and maintaining staff health to perform their job function 
during the COVID-19 PHE.
    Based on the above and the NRC staff's aforementioned findings, the 
NRC staff concludes that granting the temporary exemption is in the 
public interest because it allows EHNC to maintain the required 
security posture at Davis-Besse while the facility continues to provide 
electrical power. The exemption also enables EHNC to reduce the risk of 
exposing essential security personnel at Davis-Besse to COVID-19.
D. 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 licensee's 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 this exemption does not affect any effluent release limits as 
provided in the facility licensee's 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 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; 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 licensee's 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. 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 is otherwise in the 
public interest. Therefore, the Commission hereby grants EHNC's request 
to exempt Davis-Besse from the requirements for periodic 
requalification of security personnel in paragraphs B.5.(a), 
C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10 
CFR part 73, Appendix B, Section VI. This exemption expires 90 days 
after the end of the COVID-19 PHE, or December 31, 2020, whichever 
occurs first.
    Dated: May 8, 2020.

    For the Nuclear Regulatory Commission.

Craig G. Erlanger,

    Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2020-10369 Filed 5-13-20; 8:45 am]
BILLING CODE 7590-01-P