[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31553-31555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11221]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412; NRC-2020-0120]
Energy Harbor Nuclear Corp., Energy Harbor Nuclear Generation
LLC, Beaver Valley Power Station, Unit Nos. 1 and 2
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 Beaver Valley Power Station,
Unit Nos. 1 and 2, 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 19, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0120. 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-2020-0120. 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. ML20119B083.
FOR FURTHER INFORMATION CONTACT: Jennifer C. Tobin, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2328, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 19, 2020.
For the Nuclear Regulatory Commission.
Jennifer C. Tobin,
Project Manager,Plant Licensing Branch I, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
Nuclear Regulatory Commission
Docket Nos. 50-334 and 50-412
Energy Harbor Nuclear Corp., Energy Harbor Nuclear Generation LLC,
Beaver Valley Power Station, Unit Nos. 1 and 2, Exemption
I. Background
Energy Harbor Nuclear Corp. (EHNC) and Energy Harbor Nuclear
Generation LLC (collectively, the licensees) are the holders of
Renewed Facility Operating License Nos. DPR-56 and NPF-73 for Beaver
Valley Power Station, Unit Nos. 1 and 2 (Beaver Valley), which
consist of two pressurized-water reactors (PWRs) located in Beaver
County, Pennsylvania. The licenses provide, among other things, that
the facility is subject to all the rules, regulations, and orders of
the U.S. Nuclear Regulatory Commission (NRC or the Commission) now
or hereafter in effect.
II. Request/Action
By letter dated April 23, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20114E136), 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 Commonwealth of Pennsylvania on
March 6, 2020, EHNC requested 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 Beaver Valley:
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
following 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.
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.'' EHNC
stated, in part, 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
[[Page 31554]]
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 Beaver Valley 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 maintain the knowledge,
skills, and abilities required to effectively perform assigned
duties and responsibilities at Beaver Valley, 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 Beaver Valley, EHNC described the measures it is taking to ensure
contingency response readiness. These measures are: Conducting
individual table top discussions during shifts and reviewing
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 Beaver Valley, 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 Beaver Valley, 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 Part 73, Appendix B, Section VI
EHNC requested that this exemption expire 90 days following 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
Beaver Valley. 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 Beaver Valley. 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
Beaver Valley 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
Beaver Valley. EHNC requested that the exemption expire 90 days
following 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 Beaver Valley.
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 Beaver Valley 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 Beaver Valley. In addition, the requested
duration of the exemption would allow EHNC time to restore normal
requalification processes at Beaver Valley 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.
[[Page 31555]]
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 [Beaver Valley] 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, [Beaver Valley] 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 Beaver Valley 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
Beaver Valley. 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 Beaver Valley while the facility continues to
provide electrical power. The exemption also enables EHNC to reduce
the risk of exposing essential security personnel at Beaver Valley
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 Beaver Valley 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 19, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger, Director,
Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-11221 Filed 5-22-20; 8:45 am]
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