Virginia Electric and Power Company; Surry Power Station, Units 1 and 2, 23380-23382 [2020-08847]
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–280 and 50–281; NRC–
2020–0099]
Virginia Electric and Power Company;
Surry Power Station, Units 1 and 2
Attachment—Exemption 10 CFR 73,
Appendix B, Section VI.C.2.,
Subsections (a) and (b)
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption in response to an April 6,
2020, request from the Virginia Electric
and Power Company to temporarily
suspend the requirement for on-the-job
training to allow certain security
training personnel to re-qualify for
assigned duties and responsibilities as
an Armed Responder for the Surry
Power Station, Units 1 and 2.
DATES: The exemption was issued on
April 9, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0099. 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–2020–0099. 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–
415–4737, or by email to pdr.resource@
nrc.gov.
The exemption request dated April 6,
2020, contains security-related
information and is accordingly withheld
from public disclosure under 10 CFR
2.390. NRC staff’s approval is available
in ADAMS under Package Accession
No. ML20098E802.
FOR FURTHER INFORMATION CONTACT:
Shawn A. Williams, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1009, email: Shawn.Williams@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
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SUMMARY:
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Dated: April 22, 2020.
For the Nuclear Regulatory Commission.
Shawn A. Williams,
Senior Project Manager, Plant Licensing
Branch II–1 Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Nuclear Regulatory Commission
Docket Nos. 50–280, and 50–281
Virginia Electric and Power Company,
Surry Power Station, Units 1 and 2
Exemption
I. Background
Virginia Electric and Power Company
(the licensee) is the holder of the
Renewed Facility Operating License
Nos. DPR–32 and DPR–37 for Surry
Power Station, Units 1 and 2 (Surry),
which consists of two pressurized-water
reactors (PWRs) located in Surry
County, Virginia. 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 6, 2020,
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML20099B303, 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,’’
subsections C.2(a) and (b), 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
Commonwealth of Virginia on March
12, 2020, the licensee is requesting an
exemption from these subsections to
temporarily suspend the requirement for
40 hours of on-the-job training (OJT) to
allow the following security training
personnel positions located at Surry and
Innsbrook Technical Center (Dominion
Energy corporate) to re-qualify for
assigned duties and responsibilities as
an Armed Responder at Surry:
Supervisor Nuclear Security Training,
Nuclear Security Trainer, Associated
Nuclear Security Trainer/Armorer, and
Nuclear Security Training Specialist
(hereafter Security Training Staff). The
exemption would apply to sequestered
Security Training Staff used to support
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Sfmt 4703
the licensee’s security pandemic
response team (PRT) that may be relied
upon to augment and maintain the
required minimum security staffing
levels at Surry, if needed. These
Security Training Staff would then
become part of the PRT as Armed
Responders.
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 requirements in Appendix B to
Part 73, Section VI, subsections C.2(a)
and C.2(b) related to OJT to allow
Security Training Staff at Surry and
Dominion Energy corporate to re-qualify
for assigned duties and responsibilities
as an Armed Responder. Section
VI.C.2(a) and (b) requires, in part, that
Armed Responders shall complete a
minimum of 40 hours of OJT prior to
assignment to demonstrate their ability
to effectively apply the knowledge,
skills, and abilities required to
effectively perform assigned duties and
responsibilities. The underlying
purpose of these requirements are 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 certain
Security Training Staff positions be
exempt from the requirement to
complete a minimum of 40 hours of OJT
for the purpose of re-qualifying for
assigned duties and responsibilities as
an Armed Responder at Surry. The NRC
staff examined the licensee’s rationale
that supports the exemption request.
The licensee stated that the Security
Training Staff are subject matter experts
in security and currently train
individuals to perform security duties
and implement the response strategy
and are on-the-job qualified evaluators.
The licensee indicated that the current
Security Training Staff at Surry and
Dominion Energy corporate were each at
one time qualified, at a minimum, as an
Armed Responder, which means they
have already completed 40 hours of OJT
or have been part of the training staff
since before inception of the 40-hour
OJT requirement. These Security
Training Staff re-qualifying as Armed
Responders will be required to comply
with the other applicable regulatory
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices
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requirements for training and
qualification.
The licensee relies on the expertise of
the Security Training Staff to inform
security processes, firearms-related
activities, and force-on-force activities.
The licensee attests that the Security
Training Staff provides status updates
on Surry processes and procedures,
lesson plans, and dynamic learning
activities, and that they continually
perform activities associated with
Surry’s protective strategy and
adjustments, terminology, or changes
associated to the strategy. Additionally,
the licensee indicated it requalified the
Security Training Staff on the critical
tasks of an Armed Responder in the
Critical Task Matrix specified in the
combined Millstone, North Anna and
Surry Power Stations’ Security Plan,
Training and Qualification Plan,
Safeguards Contingency Plan, and
Independent Spent Fuel Storage
Installation Security Program.
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 stated that: ‘‘Requalifying Security Training Staff as
Armed Responders increases the margin
to maintain minimum staffing. Security
Training Staff are considered subject
matter experts in each of the fields they
instruct. At [Surry] qualified trainers are
certified to instruct all regulatory related
items in 10 CFR 73 Appendix B. They
have expert level knowledge of the
protective strategy, security procedures,
and target sets.’’ The licensee requested
that this exemption expire 90 days
following the lifting of the state of
emergency declared by the
Commonwealth of Virginia on March
12, 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
have the ability to re-qualify Security
Training Staff as Armed Responders to
ensure that minimum security staffing
will be maintained. In addition, granting
this exemption for no longer than 90
days following the lifting of the state of
emergency declared by the
Commonwealth of Virginia on March
12, 2020, the jurisdiction in which this
facility is located, would allow for the
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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. The licensee
may also need the Security Training
Staff to remain on shift until it
completes range activities or annual requalifications (e.g., firearms
familiarization or qualification, use of
force, etc.) for some regular members of
the security force that may be due for
such training.
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,
‘‘Maintaining SPS [Surry] in operation
and secure during the pandemic will
help to support the public need for
reliable electricity supply to cope with
the pandemic. If the plant is forced to
shut down because it cannot comply
with minimum staffing requirements,
the area electrical grid would lose this
reliable source of baseload power. In
addition, SPS [Surry] personnel would
face the added transient challenge of
shutting down the 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. In
addition, maintaining the necessary
security staff onsite promotes the safety
and security of the plant, and, as a
result, promotes the health, safety and
security of the public as well.’’
Additionally, the licensee stated that,
‘‘There would be an increased risk of
exposure to the coronavirus if these
individuals [the Security Training Staff]
were required to complete the 40-hour
on-shift OJT requirement. Placing these
individuals on-shift and rotating them
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23381
through multiple security posts to
complete the 40-hour OJT requirement
would require interaction with multiple
people, thus increasing the risk of
exposure to the coronavirus.’’
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 Surry 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 have 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 Commission 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 from
the requirements of 10 CFR 73,
Appendix B, Section VI, Subsection
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices
C.2(a) and C.2(b), for Surry for those
individuals occupying the identified
positions on the Security Training Staff
as of April 9, 2020. This exemption
would not be applicable to any
subsequent requalification. This
exemption expires no later than 90 days
following the lifting of the state of
emergency declared by the
Commonwealth of Virginia on March
12, 2020.
Dated at Rockville, Maryland, this 9th day
of April 2020.
For the Nuclear Regulatory Commission.
Craig Erlanger,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–08847 Filed 4–24–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–1051; NRC–2018–0052]
Holtec International HI–STORE
Consolidated Interim Storage Facility
Project
Nuclear Regulatory
Commission.
ACTION: Draft environmental impact
statement; extension of comment
period.
AGENCY:
I. Obtaining Information and
Submitting Comments
On March 20, 2020, the U.S.
Nuclear Regulatory Commission (NRC)
issued for public comment a draft
Environmental Impact Statement (EIS)
for Holtec International’s (Holtec’s)
application to construct and operate a
consolidated interim storage facility
(CISF) for spent nuclear fuel (SNF) and
Greater-Than Class C (GTCC) waste,
along with a small quantity of mixed
oxide fuel. The public comment period
was originally scheduled to close on
May 22, 2020. Given recent events
associated with the COVID–19 public
health emergency, the NRC has decided
to extend the public comment period to
allow more time for members of the
public to develop and submit their
comments.
SUMMARY:
The due date of comments
requested in the document published on
March 20, 2020 (85 FR 16150) is
extended. Comments should be filed no
later than July 22, 2020. Comments
received after this date will be
considered, if it is practical to do so, but
the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
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DATES:
VerDate Sep<11>2014
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• Federal Rulemaking Website: Go to
https://www.regulations.gov/ and search
for Docket ID NRC–2018–0052. Address
questions about NRC Docket IDs 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.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, ATTN: Program Management,
Announcements and Editing Staff, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
• Email comments to: HoltecCISFEIS@nrc.gov.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION SECTION of
this document.
FOR FURTHER INFORMATION CONTACT: Jill
Caverly, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
7674; email: Jill.Caverly@nrc.gov.
SUPPLEMENTARY INFORMATION:
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0052 when contacting the NRC about
the availability of information regarding
this document. You may obtain
publicly-available information related to
this action by the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0052.
• 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–
415–4737, or by email to pdr.resource@
nrc.gov. The draft EIS for the Holtec
nternational HI–STORE CISF project is
available in ADAMS under Accession
No. ML20069G420.
• Project web page: Information
related to the Holtec HI–STORE CISF
project can be accessed on the NRC’s
Holtec HI–STORE CISF web page at
https://www.nrc.gov/waste/spent-fuelstorage/cis/holtec-international.html.
• Public Libraries: A copy of the draft
EIS can be accessed at the following
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Sfmt 4703
public libraries (library access and
hours are determined by local policy):
• Carlsbad Public Library, 101 S.
Halagueno Street, Carlsbad, NM 88220
• Hobbs Public Library, 509 N Shipp
St., Hobbs, NM 88240
• Roswell Public Library, 301 N.
Pennsylvania, Roswell, NM 88201
B. Submitting Comments
Please include Docket ID NRC–2018–
0052 in your comment submission.
Written comments may be submitted
during the draft EIS comment period as
described in the ADDRESSES SECTION of
the document.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov and enters all
comment submissions into ADAMS.
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
because the NRC does not routinely edit
comment submissions before making
the comment submissions available to
the public or entering the comment
submissions into ADAMS.
II. Discussion
On March 20, 2020, the NRC issued
for public comment a draft EIS for
Holtec’s application to construct and
operate a CISF for SNF and GTCC waste.
The draft EIS for Holtec’s license
application includes the preliminary
analysis that evaluates the
environmental impacts of the proposed
action and alternatives to the proposed
action. After comparing the impacts of
the proposed action (Phase 1) to the NoAction alternative, the NRC staff, in
accordance with the requirements in
part 51 of title 10 of the Codes of
Federal Regulations, recommends the
proposed action (Phase 1), which is the
issuance of an NRC license for 40 years
to Holtec to construct and operate a
CISF for SNF at the proposed location.
In addition, the Bureau of Land
Management (BLM) staff recommends
the issuance of a permit to construct and
operate the rail spur. This
recommendation is based on (i) the
license application, which includes an
environmental report and supplemental
documents, and Holtec’s responses to
the NRC staff’s requests for additional
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]]>Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23380-23382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08847]
[[Page 23380]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-280 and 50-281; NRC-2020-0099]
Virginia Electric and Power Company; Surry Power Station, Units 1
and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to an April 6, 2020, request from the Virginia
Electric and Power Company to temporarily suspend the requirement for
on-the-job training to allow certain security training personnel to re-
qualify for assigned duties and responsibilities as an Armed Responder
for the Surry Power Station, Units 1 and 2.
DATES: The exemption was issued on April 9, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0099. 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-2020-0099. 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, 301-415-4737, or
by email to [email protected].
The exemption request dated April 6, 2020, contains security-
related information and is accordingly withheld from public disclosure
under 10 CFR 2.390. NRC staff's approval is available in ADAMS under
Package Accession No. ML20098E802.
FOR FURTHER INFORMATION CONTACT: Shawn A. Williams, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1009, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 22, 2020.
For the Nuclear Regulatory Commission.
Shawn A. Williams,
Senior 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.C.2.,
Subsections (a) and (b)
Nuclear Regulatory Commission
Docket Nos. 50-280, and 50-281
Virginia Electric and Power Company, Surry Power Station, Units 1 and 2
Exemption
I. Background
Virginia Electric and Power Company (the licensee) is the holder of
the Renewed Facility Operating License Nos. DPR-32 and DPR-37 for Surry
Power Station, Units 1 and 2 (Surry), which consists of two
pressurized-water reactors (PWRs) located in Surry County, Virginia.
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 6, 2020, (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20099B303, 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,'' subsections C.2(a) and
(b), 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 Commonwealth
of Virginia on March 12, 2020, the licensee is requesting an exemption
from these subsections to temporarily suspend the requirement for 40
hours of on-the-job training (OJT) to allow the following security
training personnel positions located at Surry and Innsbrook Technical
Center (Dominion Energy corporate) to re-qualify for assigned duties
and responsibilities as an Armed Responder at Surry: Supervisor Nuclear
Security Training, Nuclear Security Trainer, Associated Nuclear
Security Trainer/Armorer, and Nuclear Security Training Specialist
(hereafter Security Training Staff). The exemption would apply to
sequestered Security Training Staff used to support the licensee's
security pandemic response team (PRT) that may be relied upon to
augment and maintain the required minimum security staffing levels at
Surry, if needed. These Security Training Staff would then become part
of the PRT as Armed Responders.
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 requirements in
Appendix B to Part 73, Section VI, subsections C.2(a) and C.2(b)
related to OJT to allow Security Training Staff at Surry and Dominion
Energy corporate to re-qualify for assigned duties and responsibilities
as an Armed Responder. Section VI.C.2(a) and (b) requires, in part,
that Armed Responders shall complete a minimum of 40 hours of OJT prior
to assignment to demonstrate their ability to effectively apply the
knowledge, skills, and abilities required to effectively perform
assigned duties and responsibilities. The underlying purpose of these
requirements are 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 certain Security Training Staff
positions be exempt from the requirement to complete a minimum of 40
hours of OJT for the purpose of re-qualifying for assigned duties and
responsibilities as an Armed Responder at Surry. The NRC staff examined
the licensee's rationale that supports the exemption request.
The licensee stated that the Security Training Staff are subject
matter experts in security and currently train individuals to perform
security duties and implement the response strategy and are on-the-job
qualified evaluators. The licensee indicated that the current Security
Training Staff at Surry and Dominion Energy corporate were each at one
time qualified, at a minimum, as an Armed Responder, which means they
have already completed 40 hours of OJT or have been part of the
training staff since before inception of the 40-hour OJT requirement.
These Security Training Staff re-qualifying as Armed Responders will be
required to comply with the other applicable regulatory
[[Page 23381]]
requirements for training and qualification.
The licensee relies on the expertise of the Security Training Staff
to inform security processes, firearms-related activities, and force-
on-force activities. The licensee attests that the Security Training
Staff provides status updates on Surry processes and procedures, lesson
plans, and dynamic learning activities, and that they continually
perform activities associated with Surry's protective strategy and
adjustments, terminology, or changes associated to the strategy.
Additionally, the licensee indicated it requalified the Security
Training Staff on the critical tasks of an Armed Responder in the
Critical Task Matrix specified in the combined Millstone, North Anna
and Surry Power Stations' Security Plan, Training and Qualification
Plan, Safeguards Contingency Plan, and Independent Spent Fuel Storage
Installation Security Program.
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 stated that: ``Re-qualifying Security Training Staff
as Armed Responders increases the margin to maintain minimum staffing.
Security Training Staff are considered subject matter experts in each
of the fields they instruct. At [Surry] qualified trainers are
certified to instruct all regulatory related items in 10 CFR 73
Appendix B. They have expert level knowledge of the protective
strategy, security procedures, and target sets.'' The licensee
requested that this exemption expire 90 days following the lifting of
the state of emergency declared by the Commonwealth of Virginia on
March 12, 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 have the ability to re-qualify Security Training Staff as
Armed Responders to ensure that minimum security staffing will be
maintained. In addition, granting this exemption for no longer than 90
days following the lifting of the state of emergency declared by the
Commonwealth of Virginia on March 12, 2020, the jurisdiction in which
this facility is located, 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. The licensee
may also need the Security Training Staff to remain on shift until it
completes range activities or annual re-qualifications (e.g., firearms
familiarization or qualification, use of force, etc.) for some regular
members of the security force that may be due for such training.
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, ``Maintaining SPS [Surry] in
operation and secure during the pandemic will help to support the
public need for reliable electricity supply to cope with the pandemic.
If the plant is forced to shut down because it cannot comply with
minimum staffing requirements, the area electrical grid would lose this
reliable source of baseload power. In addition, SPS [Surry] personnel
would face the added transient challenge of shutting down the 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. In addition, maintaining the necessary security staff
onsite promotes the safety and security of the plant, and, as a result,
promotes the health, safety and security of the public as well.''
Additionally, the licensee stated that, ``There would be an
increased risk of exposure to the coronavirus if these individuals [the
Security Training Staff] were required to complete the 40-hour on-shift
OJT requirement. Placing these individuals on-shift and rotating them
through multiple security posts to complete the 40-hour OJT requirement
would require interaction with multiple people, thus increasing the
risk of exposure to the coronavirus.''
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 Surry 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 have 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 Commission 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 from the requirements of 10 CFR 73, Appendix B, Section
VI, Subsection
[[Page 23382]]
C.2(a) and C.2(b), for Surry for those individuals occupying the
identified positions on the Security Training Staff as of April 9,
2020. This exemption would not be applicable to any subsequent
requalification. This exemption expires no later than 90 days following
the lifting of the state of emergency declared by the Commonwealth of
Virginia on March 12, 2020.
Dated at Rockville, Maryland, this 9th day of April 2020.
For the Nuclear Regulatory Commission.
Craig Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-08847 Filed 4-24-20; 8:45 am]
BILLING CODE 7590-01-P
