[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29756-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10527]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440; NRC-2020-0114]


Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation 
LLC; Perry Nuclear Power Plant, 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 Perry Nuclear Power Plant, 
Unit No. 1, in response to an April 24, 2020, request, as supplemented 
on May 6, 2020, from Energy Harbor Nuclear Corp.

DATES: The temporary exemption was issued on May 11, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0114. 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-2020-0114. 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. ML20119A051.

FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2855, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: May 12, 2020.


[[Page 29757]]


    For the Nuclear Regulatory Commission.
Scott P. Wall,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-440
Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation LLC; 
Perry Nuclear Power Plant, 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 
Facility Operating License No. NPF-58 for Perry Nuclear Power Plant, 
Unit No. 1 (PNPP), which consists of a boiling-water reactor (BWR) 
located near Lake Erie in Lake County, Ohio. The license provides, 
among other things, that the facility is subject to all 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 24, 2020 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML20115E551), 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 PNPP:
     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 the COVID-19 virus 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 PNPP 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 following 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 29758]]

maintain the knowledge, skills, and abilities required to effectively 
perform assigned duties and responsibilities at PNPP, 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 PNPP, 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 PNPP, 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 PNPP, 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 PNPP. 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 exemptions 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 exemptions 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 PNPP. 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 PNPP 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 PNPP. 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 PNPP.
    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 PNPP 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 PNPP. In 
addition, the requested duration of the exemption would allow EHNC time 
to restore normal requalification processes at

[[Page 29759]]

PNPP 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 states, 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 PNPP 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, PNPP 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 PNPP 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 PNPP. 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 PNPP while the facility continues to provide 
electrical power. The exemption also enables EHNC to reduce the risk of 
exposing essential security personnel at PNPP 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 special 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 PNPP 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 11, 2020.

    For the Nuclear Regulatory Commission.

Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2020-10527 Filed 5-15-20; 8:45 am]
 BILLING CODE 7590-01-P