Duke Energy Carolinas, LLC; Oconee Nuclear Station, Unit Nos. 1, 2, and 3, 22758-22760 [2020-08596]
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Notices
and the NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
lotter on DSKBCFDHB2PROD with NOTICES
I. Background
We are required to publish this notice
in the Federal Register under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35). In
compliance with the requirement of
section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, we have
submitted to the Office of Management
and Budget (OMB) the following
requirements for emergency review. We
are requesting an emergency review
because the collection of this
information is needed before the
expiration of the normal time limits
under OMB’s regulations under section
1320.13 of title 5 of the Code of Federal
Regulations (CFR). We cannot
reasonably comply with the normal
clearance procedures because an
unanticipated event has occurred, as
stated in 5 CFR 1320.13(a)(2)(ii). This
information collection only addresses
the incremental burden change to an
existing clearance and not the total
burden for the clearance.
1. The title of the information
collection: COVID–19 Work Hour
Controls Exemption Request Form.
2. OMB approval number: 3150–0146.
3. Type of submission: Revision.
4. The form number, if applicable:
There is no form number for the online
submission form.
5. How often the collection is required
or requested: On Occasion.
6. Who will be required or asked to
respond: All holders of, and certain
applicants for, nuclear power plant
construction permits and operating
licenses under the provisions of 10 CFR
part 50, ‘‘Domestic Licensing of
Production and Utilization Facilities’’
who seek exemptions from the work
hour controls specified in 10 CFR
26.205(d)(1)–(7) as allowed by 10 CFR
26.9, ‘‘Specific exemptions.’’
7. The estimated number of annual
responses: 40.
8. The estimated number of annual
respondents: 40.
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9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 80.
10. Abstract: The NRC requested an
emergency review of this information
collection in order to add this form to
the previously approved information
collection OMB Control Number 3150–
0146 for a period of 6 months. The
purpose of this information collection is
to introduce the online COVID–19 Work
Hour Controls Exemption Request Form
that simplifies the filing the exemption
requests because the existing system
may be too burdensome for licensees
under current conditions. Under the
existing collection under OMB Control
No. 3150–0146, licensees are already
able to seek exemptions from the
requirements of 10 CFR part 26, FitnessFor-Duty Programs. This information
collection only addresses the
incremental burden change to this
existing clearance due to the form and
not the total burden for the clearance.
10 CFR 26.205(d)(1)–(7) identifies
specific work hour control requirements
for individuals subject to the
requirements of 10 CFR part 26. Due to
the impacts of the COVID–19 Public
Health Emergency (PHE), the NRC is
prepared to grant, upon request from
individual licensees, exemptions from
the work hour controls specified in 10
CFR 26.205(d)(1)–(7) as allowed by 10
CFR 26.9, ‘‘Specific exemptions.’’
The objective of using the online form
to submit exemptions from 10 CFR
26.205(d)(1)–(7) is to ensure that the
control of work hours and management
of worker fatigue do not unduly limit
licensee flexibility in using personnel
resources to most effectively manage the
impacts of the COVID–19 PHE on
maintaining the safe operation of these
facilities. Specifically, the licensee can
submit an exemption request if (1) a
licensee’s staffing levels are affected by
the COVID–19 PHE, (2) a licensee
determines that it can no longer meet
the work-hour controls of 10 CFR
26.205(d)(1)–(d)(7), and (3) the licensee
can effect site-specific administrative
controls for COVID–19 PHE fatiguemanagement for personnel specified in
10 CFR 26.4(a).
II. Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
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3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2020–08563 Filed 4–22–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–269, 50–270, and 50–287;
NRC–2020–0097]
Duke Energy Carolinas, LLC; Oconee
Nuclear Station, Unit Nos. 1, 2, and 3
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption for the Oconee Nuclear
Station, Unit Nos. 1, 2 and 3 in response
to a request from Duke Energy
Carolinas, LLC dated April 14, 2020, as
supplemented by letter dated April 16,
2020, for an exemption from specific
requirements in the NRC’s regulations
regarding security officer participation
in force-on-force training exercises.
DATES: The exemption was issued on
April 17, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0097. 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–2020–0097. Address
questions about NRC dockets IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. 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 publiclyavailable 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–
SUMMARY:
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Notices
415–4737, or by email to pdr.resource@
nrc.gov.
The exemption request dated April
14, 2020, as supplemented by letter
dated April 16, 2020, contains securityrelated information and is accordingly
withheld from public disclosure under
section 2.390 of title 10 of the Code of
Federal Regulations (CFR). The NRC
staff’s approval is available in ADAMS
under Accession No. ML20104C070.
FOR FURTHER INFORMATION CONTACT:
Michael Mahoney, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3867, email: Michael.Mahoney@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Michael Mahoney,
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, Subsection
C.3.(I)(1)
NUCLEAR REGULATORY
COMMISSION
Docket Nos. 50–269, 50–270, and 50–
287
Duke Energy Carolinas, LLC.
Oconee Nuclear Station, Unit Nos. 1, 2,
and 3 Exemption
lotter on DSKBCFDHB2PROD with NOTICES
I. Background
Duke Energy Carolinas, LLC. (Duke
Energy, the licensee) is the holder of the
Renewed Facility Operating Licenses
(FOLs) DPR–38, DPR–47, and DPR–55,
for Oconee Nuclear Station, Unit Nos. 1,
2, and 3 (Oconee), which consists of
three pressurized-water reactors (PWRs)
located in Oconee County, South
Carolina. 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 14, 2020, as
supplemented by letter dated April 16,
2020 (Agencywide Documents Access
and Management System (ADAMS)
Accession Nos. ML20105A105 and
ML20107H265, respectively (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,’’
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Subsection C.3.(I)(1), in part, 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 State of
South Carolina on March 13, 2020, the
licensee is requesting an exemption to
temporarily suspend the requirement of
this subsection that each member of
each shift who is assigned duties and
responsibilities required to implement
the safeguards contingency plan and
licensee protective strategy participate
in at least one (1) force-on-force exercise
on an annual basis.
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 portions of requirements in
Appendix B to Part 73, Section VI,
Subsection C.3.(l)(1) related to
requalification requirement of security
personnel who are assigned duties and
responsibilities required to implement
the safeguards contingency plan and
licensee protective strategy.
Specifically, 10 CFR part 73, Appendix
B, Section VI, Subsection C.3.(l)(1)
requires that 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) forceon-force exercise on an annual basis.
The licensee is requesting an exemption
from the requirement in 10 CFR part 73,
Appendix B, Section VI, Subsection
C.3.(l)(1) that security personnel
participate in at least one (1) force-onforce exercise on an annual basis. The
underlying purpose of this requirement
is 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
security personnel who are assigned
duties and responsibilities required to
implement the safeguards contingency
plan and licensee protective strategy be
exempt from the requirement of meeting
the requalification requirements to
participate in at least one (1) force-onforce exercise on an annual basis. The
NRC staff examined the licensee’s
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22759
rationale that supports the exemption
request.
The licensee states that the exemption
is related to training requalification and
does not change physical security plans
or the defensive strategy. The licensee
states that security personnel impacted
by the exemption are currently
satisfactorily qualified on all required
tasks. The licensee states that security
personnel are regularly monitored by
supervisory personnel. Additionally, to
ensure the impacted security personnel
maintain the knowledge, skills, and
abilities required to effectively perform
assigned duties and responsibilities, the
licensee states, ‘‘Oconee will continue
to conduct quarterly tactical response
drills to ensure the security force
maintains response readiness. Annual
exercises that are suspended as a result
of this temporary exemption will be
rescheduled in accordance with the
parameters outlined in this exemption
request.’’ Further, the licensee states,
‘‘Oconee will track and document when
requalification periodicities have been
exceeded.’’
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 asserts the requested
exemption will not endanger life or
property or the common defense and
security. The licensee states the
requested exemption is a temporary
exemption to allow deferring of the
security training requalification
requirement for certain members of the
security organization to participate in
one force-on-force exercise annually.
The licensee states ‘‘Oconee had
scheduled these requalification
activities to comply with the regulation.
However, these activities must be
rescheduled to allow implementation of
the Duke Energy pandemic response
plan mitigation strategies.’’ The licensee
argues 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 pandemic. The
licensee further asserts the proposed
exemption is related to training
requalification and does not change
physical security plans or the defensive
strategy. The licensee further states
security personnel impacted by this
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22760
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Notices
lotter on DSKBCFDHB2PROD with NOTICES
exemption are currently satisfactorily
qualified on all required tasks. In
addition, security personnel are
monitored regularly by supervisory
personnel and the licensee will
continue to conduct quarterly tactical
response drills to ensure the security
force maintains response readiness.
Therefore, the licensee states that
granting the requested temporary
exemption will not endanger or
compromise the common defense or
security, or safeguarding Oconee. The
licensee requested that this exemption
expire 90 days following the lifting of
the state of emergency declared by the
State of South Carolina on March 13,
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
continue to conduct the required
quarterly tactical response drills to
ensure the response force maintains its
proficiency and readiness. In addition,
granting this exemption for no longer
than 90 days following the lifting of the
state of emergency declared on March
13, 2020, by the state of South Carolina,
the jurisdiction in which this facility is
located, or December 31, 2020,
whichever occurs first, 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–19affected security personnel to fully
recover and return to work. 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-criticalinfrastructure-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,
‘‘[k]eeping Oconee in operation during
the pandemic will help to support the
public need for reliable electricity
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19:28 Apr 22, 2020
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supply to cope with the pandemic. As
the U.S. 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 Security
force is impacted because it cannot
comply with the security training
requalification requirements while
isolation restrictions are in effect for
essential crew members, the physical
protection of the plant may be affected.
This does not serve the public interest
in maintaining a safe and reliable
supply of electricity.’’
Additionally, the licensee states, ‘‘The
Duke Energy pandemic response plan is
based on NEI 06–03, Pandemic Threat
Planning, Preparation, and Response
Reference Guide (i.e., Reference 4)
which recommends isolation strategies
such as sequestering, use of super crews
or minimum staffing as applicable, as
well as social distancing, group size
limitations and self-quarantining, in an
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.’’
According to the licensee, holding forceon-force exercises would locate drill
participants and drill controllers in
close quarters making it impractical to
meet the recommendation for social
distancing. The licensee explains that
maintaining a fully staffed and healthy
workforce is in the best interest of
public health and safety when
considering the health risk of
conducting activities which would put
people in close contact during the
pandemic.
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 Oconee 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
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Fmt 4703
Sfmt 9990
exemption from requirements relating to
education, training, experience,
qualification, requalification, or other
employment suitability requirements.
The NRC staff has 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 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 are otherwise
in the public interest. Therefore, the
Commission hereby grants the licensee
an exemption for Oconee from the
requirement of 10 CFR 73, Appendix B,
Section VI, Subsection C.3.(l)(1), that
security personnel who are assigned
duties and responsibilities required to
implement the safeguards contingency
plan and licensee protective strategy
participate in at least one (1) force-onforce exercise on an annual basis. This
exemption expires no later than 90 days
following the lifting of the state of
emergency declared on March 13, 2020,
by the State of South Carolina, or
December 31, 2020, whichever occurs
first.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Craig Erlanger,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–08596 Filed 4–22–20; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22758-22760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08596]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287; NRC-2020-0097]
Duke Energy Carolinas, LLC; Oconee Nuclear Station, Unit Nos. 1,
2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption for the Oconee Nuclear Station, Unit Nos. 1, 2 and 3 in
response to a request from Duke Energy Carolinas, LLC dated April 14,
2020, as supplemented by letter dated April 16, 2020, for an exemption
from specific requirements in the NRC's regulations regarding security
officer participation in force-on-force training exercises.
DATES: The exemption was issued on April 17, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0097. 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-2020-0097. 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-
[[Page 22759]]
415-4737, or by email to [email protected].
The exemption request dated April 14, 2020, as supplemented by
letter dated April 16, 2020, contains security-related information and
is accordingly withheld from public disclosure under section 2.390 of
title 10 of the Code of Federal Regulations (CFR). The NRC staff's
approval is available in ADAMS under Accession No. ML20104C070.
FOR FURTHER INFORMATION CONTACT: Michael Mahoney, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3867, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Michael Mahoney,
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, Subsection
C.3.(I)(1)
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-269, 50-270, and 50-287
Duke Energy Carolinas, LLC.
Oconee Nuclear Station, Unit Nos. 1, 2, and 3 Exemption
I. Background
Duke Energy Carolinas, LLC. (Duke Energy, the licensee) is the
holder of the Renewed Facility Operating Licenses (FOLs) DPR-38, DPR-
47, and DPR-55, for Oconee Nuclear Station, Unit Nos. 1, 2, and 3
(Oconee), which consists of three pressurized-water reactors (PWRs)
located in Oconee County, South Carolina. 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 14, 2020, as supplemented by letter dated
April 16, 2020 (Agencywide Documents Access and Management System
(ADAMS) Accession Nos. ML20105A105 and ML20107H265, respectively
(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,''
Subsection C.3.(I)(1), in part, 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 State of South Carolina on March 13, 2020, the licensee
is requesting an exemption to temporarily suspend the requirement of
this subsection that each member of each shift who is assigned duties
and responsibilities required to implement the safeguards contingency
plan and licensee protective strategy participate in at least one (1)
force-on-force exercise on an annual basis.
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 portions of
requirements in Appendix B to Part 73, Section VI, Subsection
C.3.(l)(1) related to requalification requirement of security personnel
who are assigned duties and responsibilities required to implement the
safeguards contingency plan and licensee protective strategy.
Specifically, 10 CFR part 73, Appendix B, Section VI, Subsection
C.3.(l)(1) requires that 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. The licensee is requesting
an exemption from the requirement in 10 CFR part 73, Appendix B,
Section VI, Subsection C.3.(l)(1) that security personnel participate
in at least one (1) force-on-force exercise on an annual basis. The
underlying purpose of this requirement is 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 security personnel who are assigned
duties and responsibilities required to implement the safeguards
contingency plan and licensee protective strategy be exempt from the
requirement of meeting the requalification requirements to participate
in at least one (1) force-on-force exercise on an annual basis. The NRC
staff examined the licensee's rationale that supports the exemption
request.
The licensee states that the exemption is related to training
requalification and does not change physical security plans or the
defensive strategy. The licensee states that security personnel
impacted by the exemption are currently satisfactorily qualified on all
required tasks. The licensee states that security personnel are
regularly monitored by supervisory personnel. Additionally, to ensure
the impacted security personnel maintain the knowledge, skills, and
abilities required to effectively perform assigned duties and
responsibilities, the licensee states, ``Oconee will continue to
conduct quarterly tactical response drills to ensure the security force
maintains response readiness. Annual exercises that are suspended as a
result of this temporary exemption will be rescheduled in accordance
with the parameters outlined in this exemption request.'' Further, the
licensee states, ``Oconee will track and document when requalification
periodicities have been exceeded.''
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 asserts the requested exemption will not endanger life
or property or the common defense and security. The licensee states the
requested exemption is a temporary exemption to allow deferring of the
security training requalification requirement for certain members of
the security organization to participate in one force-on-force exercise
annually. The licensee states ``Oconee had scheduled these
requalification activities to comply with the regulation. However,
these activities must be rescheduled to allow implementation of the
Duke Energy pandemic response plan mitigation strategies.'' The
licensee argues 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 pandemic. The licensee further
asserts the proposed exemption is related to training requalification
and does not change physical security plans or the defensive strategy.
The licensee further states security personnel impacted by this
[[Page 22760]]
exemption are currently satisfactorily qualified on all required tasks.
In addition, security personnel are monitored regularly by supervisory
personnel and the licensee will continue to conduct quarterly tactical
response drills to ensure the security force maintains response
readiness. Therefore, the licensee states that granting the requested
temporary exemption will not endanger or compromise the common defense
or security, or safeguarding Oconee. The licensee requested that this
exemption expire 90 days following the lifting of the state of
emergency declared by the State of South Carolina on March 13, 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 continue to conduct the required quarterly tactical
response drills to ensure the response force maintains its proficiency
and readiness. In addition, granting this exemption for no longer than
90 days following the lifting of the state of emergency declared on
March 13, 2020, by the state of South Carolina, the jurisdiction in
which this facility is located, or December 31, 2020, whichever occurs
first, 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. 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, ``[k]eeping Oconee in operation
during the pandemic will help to support the public need for reliable
electricity supply to cope with the pandemic. As the U.S. 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 Security force is impacted because it
cannot comply with the security training requalification requirements
while isolation restrictions are in effect for essential crew members,
the physical protection of the plant may be affected. This does not
serve the public interest in maintaining a safe and reliable supply of
electricity.''
Additionally, the licensee states, ``The Duke Energy pandemic
response plan is based on NEI 06-03, Pandemic Threat Planning,
Preparation, and Response Reference Guide (i.e., Reference 4) which
recommends isolation strategies such as sequestering, use of super
crews or minimum staffing as applicable, as well as social distancing,
group size limitations and self-quarantining, in an 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.'' According
to the licensee, holding force-on-force exercises would locate drill
participants and drill controllers in close quarters making it
impractical to meet the recommendation for social distancing. The
licensee explains that maintaining a fully staffed and healthy
workforce is in the best interest of public health and safety when
considering the health risk of conducting activities which would put
people in close contact during the pandemic.
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 Oconee 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 has 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 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 are otherwise in the
public interest. Therefore, the Commission hereby grants the licensee
an exemption for Oconee from the requirement of 10 CFR 73, Appendix B,
Section VI, Subsection C.3.(l)(1), that security personnel who are
assigned duties and responsibilities required to implement the
safeguards contingency plan and licensee protective strategy
participate in at least one (1) force-on-force exercise on an annual
basis. This exemption expires no later than 90 days following the
lifting of the state of emergency declared on March 13, 2020, by the
State of South Carolina, or December 31, 2020, whichever occurs first.
Dated: April 17, 2020.
For the Nuclear Regulatory Commission.
Craig Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-08596 Filed 4-22-20; 8:45 am]
BILLING CODE 7590-01-P
