Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Unit Nos. 2 and 3, 23538-23540 [2020-08918]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23538-23540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08918]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; NRC-2020-0100]


Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating 
Unit Nos. 2 and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an 
exemption in response to an April 13, 2020, request from Entergy 
Nuclear Operations, Inc. (the licensee), as supplemented by letter 
dated April 16, 2020. The exemption grants the licensee's request for a 
temporary exemption for Indian Point Nuclear Generating Unit Nos. 2 and 
3 (Indian Point 2 and 3) from the requirements with respect to 
extending the completion time for annual fire brigade physical 
examinations by 90 days for 15 fire brigade members.

DATES: The exemption was issued on April 22, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0100 when contacting the 
NRC about the availability of information regarding this document. 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-2020-0100. 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 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 the document.

FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1030, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 22, 2020.

    For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Plant Licensing Branch I, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.

Attachment: Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-247 and 50-286

Entergy Nuclear Operations, Inc.

Indian Point Nuclear Generating Unit Nos. 2 and 3

Exemption

I. Background

    Entergy Nuclear Operations, Inc. (the licensee) is the holder of 
Renewed Facility Operating License Nos. DPR-26 and DPR-64 for Indian 
Point Nuclear Generating Units Nos. 2 and 3, respectively (Indian Point 
2 and 3). The licenses provide, among other things, that the facility 
is subject to all rules, regulations, and orders of the U.S. Nuclear 
Regulatory Commission (NRC or the Commission), now or hereafter in 
effect. The Indian Point 2 and 3 facility consists of two pressurized-
water reactors located in Buchanan, New York.

II. Request/Action

    By letter dated April 13, 2020, as supplemented by letter dated 
April 16, 2020 (Agencywide Documents Access and Management System 
(ADAMS) Accession Nos. ML20104C121 and ML20107J551, respectively), the 
licensee requested a temporary exemption from Title 10 of the Code of 
Federal Regulations (10 CFR) Part 50, Appendix R, Section III.H, which 
requires (among other things) that the qualifications of fire brigade 
members include an annual physical examination to determine their 
ability to perform strenuous firefighting activities. Due to the 
Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE) 
currently affecting the United States, and the state of emergency 
declared by the State of New York on March 7, 2020, the licensee has 
implemented pandemic planning strategies that include isolation 
activities and is requesting a temporary exemption from Appendix R, 
Section III.H, to extend the due dates for fire brigade members to have 
an annual physical examination in order to protect required site fire 
brigade personnel in response to the COVID-19 PHE. The

[[Page 23539]]

exemption would apply to 15 Indian Point 2 and 3 staff who are members 
of the fire brigade and extend, by 90 days, the due dates to conduct 
their physical examinations from April 23 through June 19, 2020, to 
July 22 through September 17, 2020, based on when an individual brigade 
member's physical examination is due.
    The regulatory framework that applies to Indian Point 2 and 3 is 
contained in 10 CFR 50.48(b)(1), which requires that plants licensed 
before January 1, 1979, meet all sections of Appendix R to 10 CFR part 
50 (expect Sections III.G, III.J, and III.O), unless the fire 
protection feature was specifically accepted by the NRC staff in a 
safety evaluation report (1) issued before February 19, 1981, as 
satisfying the provisions of Appendix A to Branch Technical Position 
(BTP) APCSB 9.5-1, ``Guidelines for Fire Protection for Nuclear Power 
Plants,'' or (2) issued before the publication of Appendix A of BTP 
APCSB 9.5-1 (August 1976). Indian Point 2 and 3 began commercial 
operations in 1974 and 1976, respectively. The acceptability to conduct 
annual fire brigade physical examinations was not discussed in any 
safety evaluation report before August 1976 or February 19, 1981. Thus, 
Section III.H of 10 CFR part 50, Appendix R, requires, among other 
things, that ``the qualification of fire brigade members shall include 
an annual physical examination to determine their ability to perform 
strenuous fire-fighting activities.''

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present.
    The licensee requested an exemption from 10 CFR part 50, Appendix 
R, Section III.H, which requires, in part, annual fire brigade physical 
examinations be conducted for fire brigade members. The licensee claims 
that special circumstances in 10 CFR 50.12(a)(2)(v), which state that, 
``The exemption would provide only temporary relief from the applicable 
regulation and the licensee or applicant has made good faith efforts to 
comply with the regulation,'' are present.

A. The Exemption is Authorized by Law

    The proposed exemption from 10 CFR part 50, Appendix R, Section 
III.H, would temporarily extend, by 90 days, due dates occurring from 
April 23 through June 19, 2020, to conduct annual physical examinations 
for fire brigade members.
    In accordance with 10 CFR 50.12, the NRC may grant an exemption 
from the requirements of 10 CFR part 50 if it makes the requisite 
findings, including findings that the exemption is authorized by law 
and that special circumstances are present. The requested exemption is 
authorized by law based on the findings set forth below and because no 
other prohibition of law exists to preclude the activities that would 
be authorized by the exemption. The NRC staff also finds that granting 
the licensee's proposed exemption will not result in a violation of the 
Atomic Energy Act of 1954, as amended, or the Commission's regulations. 
Therefore, the NRC staff concludes that the exemption is authorized by 
law.

B. The Exemption Will Not Present an Undue Risk to the Public Health 
and Safety

    The proposed exemption from 10 CFR part 50, Appendix R, Section 
III.H, would temporarily extend, by 90 days, the due dates to conduct 
annual physical examinations for fire brigade members. The NRC staff 
finds that the exemption would not present an undue risk to the public 
health and safety because the licensee will implement the following 
actions prior to the expiration dates of the current physical 
examinations:
    1. Each affected fire brigade member will complete an annual 
medical history questionnaire based on American National Standards 
Institute (ANSI) Z-86.6-2006, ``Physical Qualifications for Respirator 
Use,'' and the Occupational Safety and Health Administration Respirator 
Medical Evaluation Questionnaire from 29 CFR 1910.134, Appendix C.
    2. Each completed medical history questionnaire will be reviewed by 
a licensed physician who will compare the answers to the previous 
medical examination to determine if a 90-day extension is acceptable.
    3. Telehealth conferencing will be used to conduct a one-on-one 
assessment of the fire brigade member to complete the review, if 
needed.
    In addition to the above, each fire brigade member is part of an 
Operations Watch Team and is subject to the provisions of the 
licensee's behavioral observation program, which is established by 
procedure, to ensure compliance with 10 CFR 73.56, ``Access 
Authorization Program for Nuclear Power Plants.'' Under this program, a 
decrease in health or performance of a fire brigade member would be 
identified by an Operations supervisor. Also, as part of this program, 
fire brigade members are made acutely aware of the need to immediately 
report any change in their current health to their supervisor.
    Also, a supervisor will inform each of the 15 affected fire brigade 
members, in person, of the exemption; the risks of conducting fire 
brigade activities, including wearing respiratory protection; the 
rationale for annual physical examinations; the deviation from the 
annual examination requirements; and the requirement that compliance be 
restored within 90 days of each original annual physical examination 
due date, or another date as indicated by a physician, whichever is 
sooner. The licensee indicated that it will use its corrective action 
program to document the performance of the planned actions discussed 
above.
    Based on the performance of the above activities as described in 
the licensee's exemption request, as supplemented, the NRC staff 
concludes that granting the temporary exemption from the requirement in 
10 CFR part 50, Appendix R, Section III.H, related to conducting annual 
physical examinations for fire brigade members will not present an 
undue risk to the public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    The proposed exemption from 10 CFR part 50, Appendix R, Section 
III.H, would temporarily extend, by 90 days, the due dates to conduct 
annual physical examinations for fire brigade members currently due 
from April 23 through June 19, 2020. The 90-day extension would not 
adversely impact the firefighting capability of the Indian Point 2 and 
3 fire brigade, because all members are currently qualified for all 
tasks, and the plant fire protection features, firefighting plans, and 
fire protection equipment have not been altered. In addition, this 
temporary exemption would allow the affected fire brigade members to 
continue to be available to perform their functions during the COVID-19 
PHE, provided a review of each member's medical history yields 
satisfactory results. Therefore, the NRC staff concludes that the 
common defense and security is not impacted by this temporary 
exemption.

D. Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v), 
are present whenever an exemption would provide

[[Page 23540]]

only temporary relief from the applicable regulation and the licensee 
or applicant has made good faith efforts to comply with the regulation.
    The licensee is requesting an exemption to allow a temporary 
extension of the 10 CFR part 50, Appendix R, Section III.H requirement 
that annual physical examinations be conducted for fire brigade 
members. The exemption would apply to 15 Indian Point 2 and 3 staff who 
are members of the fire brigade and extend, by 90 days, the due dates 
to conduct these physical examinations currently due from April 23 
through June 19, 2020, to July 22 through September 17, 2020, based on 
when an individual brigade member's physical examination is due.
    The licensee had scheduled these annual physical examinations to 
comply with the regulation, and prior to the implementation of 
isolation activities (e.g., social distancing, group size limitations, 
self-quarantining, etc.) necessary to protect brigade personnel in 
response to the COVID-19 PHE, the licensee had successfully scheduled 
and completed previous annual fire brigade physical examinations within 
the specified frequency. As discussed in Section III.B above, the 
licensee will implement certain actions, including having each member 
complete an annual medical history questionnaire, having that medical 
questionnaire reviewed by a licensed physician, and using telehealth 
conferencing if a one-on-one assessment is needed, prior to the 
respective member's approved extension period.
    Since the exemption would only grant temporary relief from the 
regulation, and the licensee has made good faith efforts to comply with 
the regulation, the NRC staff finds that the special circumstances 
required by 10 CFR 50.12(a)(2)(v) exist for the granting of an 
exemption from 10 CFR part 50, Appendix R, Section III.H, in regard to 
conducting the annual physical examinations for fire brigade members.

E. Environmental Considerations

    The granting of the proposed exemption is categorically excluded 
under 10 CFR 51.22(c)(25) and there are no special (or extraordinary) 
circumstances present that would preclude reliance on this exclusion. 
The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(E), that the 
proposed action would grant an exemption from education, training, 
experience, qualification, requalification, or other employment 
suitability requirements. The NRC staff also determined, per 10 CFR 
51.22(c)(25)(i), that granting the proposed exemption involves no 
significant hazards consideration because the 90-day extension of due 
dates to conduct annual physical examinations for fire brigade members 
does not change the way the reactor protections systems perform, 
authorize any hardware or design changes, alter any assumptions made in 
the safety analyses, introduce any new failure modes, or alter any 
safety limits. Thus, the issuance of the exemption does not (1) involve 
a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. 
Similarly, per 10 CFR 51.22(c)(25)(v), there is no significant increase 
in the potential for or consequences from radiological accidents.
    In addition, the NRC staff determined that there would be no 
significant impacts to biota, water resources, air or terrestrial 
resources, historic properties, cultural resources, or socioeconomic 
conditions in the region. The requested temporary deferral of physical 
examinations, based on the medical review and other actions the 
licensee plans to implement, would maintain fire brigade availability 
during the COVID-19 PHE. Thus, per 10 CFR 51.22(c)(25)(ii) and (iii), 
there is no significant change in the types or significant increase in 
the amounts of any effluents that may be released offsite and no 
significant increase in individual or cumulative public or occupational 
radiation exposure. In addition, because the proposed exemption does 
not authorize any construction, per 10 CFR 51.22(c)(25)(iv), there is 
no significant construction impact. As such, there are no special (or 
extraordinary) circumstances present that would preclude reliance on 
this categorical exclusion.
    Based on the above, the NRC staff concludes that the proposed 
exemption meets the eligibility criteria for the categorical exclusion 
set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 
51.22(b), no environmental impact statement or environmental assessment 
need be prepared in connection with the granting of this exemption.

IV. Conclusions

    Accordingly, the Commission has determined that pursuant to 10 CFR 
50.12, the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security, and there are special circumstances present. 
Therefore, based upon the medical review and other actions described in 
the exemption request, as supplemented, the Commission hereby grants 
the licensee's request for a temporary exemption from the 10 CFR part 
50, Appendix R, Section III.H, fire brigade annual qualification 
requirement by extending, by 90 days, the completion time for annual 
fire brigade physical examinations due from April 23 through June 19, 
2020, to July 22 through September 17, 2020, for 15 brigade members at 
Indian Point 2 and 3.

    Dated: April 22, 2020.

    For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2020-08918 Filed 4-27-20; 8:45 am]
 BILLING CODE 7590-01-P