Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power Station, Unit No. 1, 28988-28991 [2020-10369]
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28988
Federal Register / Vol. 85, No. 94 / Thursday, May 14, 2020 / Notices
as single-investigator grants or large
research centers. EFRI seeks high-risk
opportunities with the potential for a
large payoff where researchers are
encouraged to stretch beyond their
ongoing activities. Based on input from
workshops, advisory committees,
technical meetings, professional
societies, research proposals, and
suggestions from the research
community, the EFRI program identifies
those emerging opportunities and
manages a formal process for funding
their research. The emerging ideas
tackled by EFRI are ‘‘frontier’’ because
they not only push the understood
limits of engineering but actually
overlap multiple fields. The EFRI
funding process inspires investigators
with different expertise to work together
on one emerging concept.
EFRI awards require multidisciplinary teams of at least one
Principal Investigator and two CoPrincipal Investigators. The anticipated
duration of all awards is 4-years. With
respect to the anticipated funding level,
each project team may receive support
of up to a total of $2,000,000 spread
over four years, pending the availability
of funds. In this respect, EFRI awards
are above the average single-investigator
award amounts.
EFRI-funded projects could include
research opportunities and mentoring
for educators, scholars, and university
students, as well as outreach programs
that help stir the imagination of K–12
students, often with a focus on groups
underrepresented in science and
engineering.
We are seeking to collect additional
information from the grantees about the
outcomes of their research that goes
above and beyond the standard
reporting requirements used by the NSF
and spans over a period of 5 years after
the award. This data collection effort
will enable program officers to
longitudinally monitor outputs and
outcomes given the unique goals and
purpose of the program. This is very
important to enable appropriate and
accurate evidence-based management of
the program and to determine whether
or not the specific goals of the program
are being met.
Grantees will be requested to submit
this information on an annual basis to
support performance review and the
management of EFRI grants by EFRI
officers. EFRI grantees will be requested
to submit these indicators to NSF via a
data collection website that will be
embedded in NSF’s IT infrastructure.
These indicators are both quantitative
and descriptive and may include, for
example, the characteristics of project
personnel and students; sources of
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complementary funding and in-kind
support to the EFRI project;
characteristics of industrial and/or other
sector participation; research activities;
education activities; knowledge transfer
activities; patents, licenses;
publications; descriptions of significant
advances and other outcomes of the
EFRI effort.
Each submission will address the
following major categories of activities:
(1) Knowledge transfer across
disciplines, (2) innovation of ideas in
areas of great opportunity, (3) potential
for translational research, (4) project
results that advance the frontier/
creation of new fields of study, (5)
introduction to the classroom of
innovative research methods or
discoveries, (6) fostering participation of
underrepresented groups in science, and
(7) impacting student career trajectory.
For each of the categories, the report
will enumerate specific outputs and
outcomes.
Use of the Information: The data
collected will be used for NSF internal
reports, historical data, and performance
review by peer site visit teams, program
level studies and evaluations, and for
securing future funding for continued
EFRI program maintenance and growth.
Estimate of Burden: Approximately 7
hours per grant for approximately 100
grants per year for a total of 700 hours
per year.
Respondents: Principal Investigators
who lead the EFRI grants, and coPrincipal Investigators and students
involved in EFRI-funded research.
Estimated Number of Responses per
Report: One report collected for each of
the approximately 100 grantees every
year, including sub-reports from co-PIs
and student researchers.
Dated: May 8, 2020.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2020–10299 Filed 5–13–20; 8:45 am]
BILLING CODE 7555–01–P
temporary exemption from certain
periodic training and requalification
requirements for security personnel at
the Davis-Besse Nuclear Power Station,
Unit No. 1, in response to an April 23,
2020, request, as supplemented on May
6, 2020, from Energy Harbor Nuclear
Corp.
The temporary exemption was
issued on May 8, 2020.
DATES:
Please refer to Docket ID
NRC–2020–0111. 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–2020–0111. Address
questions about NRC docket 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 ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document. The NRC staff’s approval is
available in ADAMS under Accession
No. ML20119B072.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Blake A. Purnell, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1380, email: Blake.Purnell@nrc.gov.
NUCLEAR REGULATORY
COMMISSION
SUPPLEMENTARY INFORMATION:
[Docket No. 50–346; NRC–2020–0111]
the exemption is attached.
Energy Harbor Nuclear Corp.; Energy
Harbor Nuclear Generation LLC; DavisBesse Nuclear Power Station, Unit No.
1
Dated: May 11, 2020.
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued a
SUMMARY:
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The text of
Federal Register / Vol. 85, No. 94 / Thursday, May 14, 2020 / Notices
For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
Docket No. 50–346
Energy Harbor Nuclear Corp.
Energy Harbor Nuclear Generation
LLC; Davis-Besse Nuclear Power
Station, Unit No. 1; Exemption
I. Background
Energy Harbor Nuclear Corp. (EHNC)
and Energy Harbor Nuclear Generation
LLC (collectively, the licensees) are the
holders of the Renewed Facility
Operating License No. NPF–3 for DavisBesse Nuclear Power Station, Unit No.
1 (Davis-Besse), which consists of a
pressurized-water reactor (PWR) located
in Ottawa County, Ohio. The license
provides, among other things, that the
facility is subject to all the rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
Commission) now or hereafter in effect.
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II. Request/Action
By letter dated April 23, 2020
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML20114E221), as
supplemented by letter dated May 6,
2020 (ADAMS Accession No.
ML20128J218), EHNC requested a
temporary exemption from certain
periodic requalification requirements
for security personnel in Title 10 of the
Code of Federal Regulations (10 CFR),
Part 73, Appendix B, Section VI,
‘‘Nuclear Power Reactor Training and
Qualification Plan for Personnel
Performing Security Program Duties,’’
pursuant to 10 CFR 73.5, ‘‘Specific
exemptions.’’ Specifically, due to the
Coronavirus Disease 2019 (COVID–19)
public health emergency (PHE)
currently affecting the United States and
the state of emergency declared by the
State of Ohio on March 9, 2020, EHNC
requests a temporary exemption from
the following requirements in 10 CFR
part 73, Appendix B, Section VI, related
to periodic training and requalification
of security personnel at Davis-Besse:
• Paragraph B.5.(a): ‘‘At least
annually, armed and unarmed
individuals shall be required to
demonstrate the capability to meet the
physical requirements of this appendix
[10 CFR part 73, Appendix B] and the
licensee training and qualification
plan.’’
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• Paragraph C.3.(l)(1) in part: ‘‘Each
member of each shift who is assigned
duties and responsibilities required to
implement the safeguards contingency
plan and licensee protective strategy
participates in at least one (1) tactical
response drill on a quarterly basis and
one (1) force-on-force exercise on an
annual basis.’’
• Paragraph D.1.(b)(3) in part:
‘‘Armed individuals shall be
administered an annual written exam
that demonstrates the required
knowledge, skills, and abilities to carry
out assigned duties and responsibilities
as an armed member of the security
organization.’’
• Paragraph D.2.(a): ‘‘Armed and
unarmed individuals shall be
requalified at least annually in
accordance with the requirements of
this appendix [10 CFR part 73,
Appendix B] and the Commissionapproved training and qualification
plan.’’
• Paragraph E.1.(c): ‘‘The licensee
shall conduct annual firearms
familiarization training in accordance
with the Commission-approved training
and qualification plan.’’
• Paragraph E.1.(f) in part: ‘‘Armed
members of the security organization
shall participate in weapons range
activities on a nominal four (4) month
periodicity.’’
• Paragraph F.5.(a): ‘‘Armed
members of the security organization
shall be re-qualified for each assigned
weapon at least annually in accordance
with Commission requirements and the
Commission-approved training and
qualification plan, and the results
documented and retained as a record.’’
EHNC requested that this temporary
exemption expire 90 days after the end
of the COVID–19 PHE, or December 31,
2020, whichever occurs first.
III. Discussion
On January 31, 2020, the U.S.
Department of Health and Human
Services declared a PHE for the United
States to aid the nation’s healthcare
community in responding to COVID–19.
On March 11, 2020, the COVID–19
outbreak was characterized as a
pandemic by the World Health
Organization.
Pursuant to 10 CFR 73.5, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR part 73 when
the exemptions are authorized by law,
will not endanger life or property or the
common defense and security, and are
otherwise in the public interest.
EHNC is requesting a temporary
exemption from the requirements in
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paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3),
D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10
CFR part 73, Appendix B, Section VI,
related to the periodic training and
requalification of security personnel,
pursuant to 10 CFR 73.5. EHNC is
requesting this temporary exemption to
support licensee isolation activities
(e.g., social distancing, group size
limitations, and self-quarantining) to
help protect required site personnel
from COVID–19 and ensure personnel
remain capable of maintaining plant
security. EHNC stated that these
‘‘isolation activities restrict certain
training activities.’’ Notably, EHNC
stated that: ‘‘Range activities are
challenged by current social distancing
and safety guidelines relevant to
COVID–19 response standards.
Weapons range activities require
significant staff support that potentially
places armed individuals in the Energy
Harbor Nuclear Corp. security
organization and other security staff in
close proximity to one another,
increasing the likelihood of staff and
officer exposure to COVID–19. Range
activities present additional hygiene
issues relevant to range facilities during
the PHE.’’
EHNC also stated that the requested
exemption does not change physical
security plans or defensive strategy.
More specifically, EHNC stated that
security personnel impacted by this
exemption are currently satisfactorily
qualified on all required tasks and are
monitored regularly by supervisory
personnel.
Licensee Provided Controls To Maintain
the Knowledge, Skills, and Abilities of
Security Personnel
EHNC has identified controls that
have been or will be implemented at
Davis-Besse to ensure impacted security
personnel maintain the knowledge,
skills, and abilities required to
effectively perform assigned duties and
responsibilities during the period of this
temporary exemption (i.e., up to 90 days
after the end of the COVID–19 PHE, or
December 31, 2020, whichever occurs
first). A discussion of how these
controls relate to the current
requirements is provided below:
1. Paragraph B.5.(a) of 10 CFR 73,
Appendix B, Section VI: The purpose of
the annual physical requirements in
paragraph B.5.(a) is to ensure armed and
unarmed members of the licensee’s
security organization are capable of
performing their assigned duties
necessary for implementing the
licensee’s Commission-approved
security plans, protective strategy, and
implementing procedures. To help
ensure impacted security personnel
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maintain the knowledge, skills, and
abilities required to effectively perform
assigned duties and responsibilities at
Davis-Besse, EHNC has established
measures ‘‘to ensure security personnel
self-report and notify supervision or
medical personnel, as appropriate, of
changes related to their physical fitness
that could impact their ability to
perform their respective job function.’’
2. Paragraph C.3.(l)(1) of 10 CFR 73,
Appendix B, Section VI: The purpose of
the quarterly tactical drills and the
annual licensee conducted force-onforce exercises is to ensure that the site
security force maintains its contingency
response readiness. Participation in
these drills and exercises also supports
the requalification of security force
members. To help ensure impacted
security personnel maintain the
knowledge, skills, and abilities required
to effectively perform assigned duties
and responsibilities at Davis-Besse,
EHNC described the measures it is
taking to ensure contingency response
readiness. These measures are:
Conducting individual table top
discussions during the shift and review
of response locations with adherence to
social distancing standards; providing
officers with shift discussion topics
utilizing lessons learned from previous
exercises and based on training lesson
plans/material objectives; and providing
for officer follow up questions and
answers relevant to the focus topics
with adherence to social distancing
standards.
3. Paragraphs D.1.(b)(3), D.2.(a),
E.1.(c), and F.5.(a) of 10 CFR 73,
Appendix B, Section VI: The purpose of
the annual requalification requirements
is to ensure the licensee’s armed and
unarmed individuals possess the
requisite knowledge, skills, and abilities
to effectively perform assigned duties in
accordance with the Commissionapproved security plans, protective
strategy, and implementing procedures
for the site. To help ensure impacted
security personnel maintain the
knowledge, skills, and abilities required
to effectively perform assigned duties
and responsibilities at Davis-Besse,
EHNC stated that it ‘‘has established
measures to ensure that individuals
maintain performance capability despite
not completing the annual
requalification for the annual written
exam, firearms familiarization and
weapons requalification.’’ These
measures include lesson plan objectivebased discussions topics regarding
critical tasks necessary for performance
of security duties and regarding the
fundamentals of marksmanship.
4. Paragraph E.1.(f) of 10 CFR 73,
Appendix B, Section VI: The purpose of
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the weapons range activity is to ensure
that armed individuals in the licensee’s
security organization maintain weapons
proficiency in support of the licensee’s
physical protection program. To help
ensure impacted security personnel
maintain the knowledge, skills, and
abilities required to effectively perform
assigned duties and responsibilities at
Davis-Besse, EHNC stated that it ‘‘will
establish measures to ensure that
individuals maintain performance
capability despite not completing
weapons range activities on a nominal
four-month periodicity. Those measures
include discussion topics regarding
relevant range activities and are based
on range training lesson plan objectives
to maintain knowledge of weapon
performance requirements.’’
Restoring Compliance With 10 CFR 73,
Appendix B, Section VI
EHNC requested that this exemption
expire 90 days after the end of the
COVID–19 PHE, or December 31, 2020,
whichever occurs first. EHNC indicates
that the additional time period after the
end of the COVID–19 PHE will be used
to restore compliance with the periodic
security training and requalification
requirements at Davis-Besse. To support
restoring compliance with these
requirements, EHNC stated that it will
maintain a list with the names of the
individuals that do not meet the
periodic security requalification
requirements, including the date(s)
when each individual exceeds the
required training periodicities. It is the
NRC’s expectation that any annual
licensee-conducted force-on-force
exercises that are delayed will be
rescheduled so that they are completed
after the PHE ends. Security personnel
that miss one or more quarterly tactical
drills during the period of the
exemption would need to resume
participation in those drills after the
exemption expires.
A. The Exemption Is Authorized by Law
EHNC is requesting an exemption
from the requirements related to
periodic training and requalification of
security personnel in paragraphs B.5.(a),
C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c),
E.1.(f), and F.5.(a) of 10 CFR part 73,
Appendix B, Section VI. In accordance
with 10 CFR 73.5, the Commission may
grant exemptions from the regulations
in 10 CFR part 73, as authorized by law.
The NRC staff finds that granting the
proposed exemption will not result in a
violation of the Atomic Energy Act of
1954, as amended, or other laws, and is,
thus, authorized by law.
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B. The Exemption Will Not Endanger
Life or Property or the Common Defense
and Security
EHNC stated that the requested
exemption will not endanger life or
property or the common defense and
security. The requested exemption
would temporarily allow the identified
security training and requalification
requirements to be deferred for security
personnel currently satisfactorily
qualified at Davis-Besse. EHNC
indicated that although it had scheduled
these requalification activities to
comply with the regulation, these
activities must be rescheduled to allow
implementation of the EHNC pandemic
response plan mitigation strategies.
EHNC asserts that these strategies serve
the public interest by ensuring adequate
staff isolation and maintaining staff
health to perform their job function
actions during the COVID–19 PHE.
EHNC stated that the requested
exemption is related to training
requalification and does not change
physical security plans or defensive
strategy. EHNC stated that security
personnel impacted by the requested
exemption are currently satisfactorily
qualified on all required tasks. EHNC
also stated that security personnel are
monitored regularly by supervisory
personnel. As discussed above, EHNC
identified controls that have been or
will be implemented at Davis-Besse to
ensure impacted security personnel
maintain the knowledge, skills, and
abilities required to effectively perform
assigned duties and responsibilities.
Therefore, EHNC stated that granting the
requested temporary exemption will not
endanger or compromise the common
defense or security or the safeguarding
of Davis-Besse. EHNC requested that the
exemption expire 90 days after the end
of the COVID–19 PHE, or December 31,
2020, whichever occurs first. EHNC
stated that this timeframe is needed for
it to restore compliance with the
periodic security training and
requalification requirements at DavisBesse.
The NRC staff finds that the controls
EHNC has or will establish for the
duration of the exemption are adequate
to ensure that the required security
posture at Davis-Besse is maintained.
These controls are adequate because
they include a variety of mechanisms to
help ensure impacted security
personnel continue to maintain the
knowledge, skills, and abilities required
to perform assigned duties and
responsibilities, and as a result, will
continue to ensure adequate security of
Davis-Besse. In addition, the requested
duration of the exemption would allow
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EHNC time to restore normal
requalification processes at Davis-Besse
in a systematic manner. For example, it
may take time after the PHE has ended
for security personnel affected by
COVID–19 to fully recover and return to
duty status. Based on the above, the
NRC staff concludes that the proposed
exemption would not endanger life or
property or the common defense and
security.
C. Otherwise in the Public Interest
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On April 17, 2020, the Cybersecurity
& Infrastructure Security Agency (CISA)
within the U.S. Department of
Homeland Security (DHS) published
Version 3.0 of its ‘‘Guidance on the
Essential Critical Infrastructure
Workforce: Ensuring Community and
National Resilience in COVID–19
Response.’’ Although that guidance is
advisory in nature, it is designed to
ensure ‘‘continuity of functions critical
to public health and safety, as well as
economic and national security.’’ In
addition, the Centers for Disease Control
and Prevention (CDC) has issued
recommendations (e.g., social
distancing, limiting assemblies) to limit
the spread of COVID–19.
EHNC stated, in part, that:
The Energy Harbor Nuclear Corp.
pandemic response plan is based on [the
Nuclear Energy Institute (NEI) guidance
document] NEI 06–03, Pandemic Threat
Planning, Preparation, and Response
Reference Guide (Reference 4), which
recommends isolation strategies such as
sequestering, use of super crews or minimum
staffing as well as social distancing, group
size limitations and self-quarantining, in the
event of a pandemic, to prevent the spread
of the virus to the plant. NEI 06–03 provides
other mitigation strategies that serve the
public interest during a pandemic by
ensuring adequate staff is isolated from the
pandemic and remains healthy to perform
their job function.
Keeping [Davis-Besse] in operation during
the pandemic will help to support the public
need for reliable electricity supply to cope
with the pandemic. As the US Departments
of Homeland Security and Energy have stated
in their guidance, the electric grid and
nuclear plant operation make up the nation’s
critical infrastructure similar to the medical,
food, communications, and other critical
industries. If the plant operation is impacted
because it cannot comply with the security
training requalification requirements while
isolation activities are in effect for essential
crew members, the area electrical grid would
lose this reliable source of baseload power.
In addition, [Davis-Besse] personnel could
face the added transient challenge of shutting
down their respective plant and possibly not
restarting it until the pandemic passes. This
does not serve the public interest in
maintaining a safe and reliable supply of
electricity.
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EHNC stated that the requalification
activities for security personnel at
Davis-Besse must be rescheduled to
allow implementation of the EHNC
pandemic response plan mitigation
strategies. In addition, EHNC indicated
that this exemption would support the
licensee’s implementation of isolation
activities (e.g., social distancing, group
size limitations, and self-quarantining)
at Davis-Besse. EHNC stated these
actions serve the public interest by
ensuring adequate staff isolation and
maintaining staff health to perform their
job function during the COVID–19 PHE.
Based on the above and the NRC
staff’s aforementioned findings, the NRC
staff concludes that granting the
temporary exemption is in the public
interest because it allows EHNC to
maintain the required security posture
at Davis-Besse while the facility
continues to provide electrical power.
The exemption also enables EHNC to
reduce the risk of exposing essential
security personnel at Davis-Besse to
COVID–19.
D. Environmental Considerations
NRC approval of this exemption
request is categorically excluded under
10 CFR 51.22(c)(25), and there are no
special circumstances present that
would preclude reliance on this
exclusion. The NRC staff determined,
per 10 CFR 51.22(c)(25)(vi)(E), that the
requirements from which the exemption
is sought involve education, training,
experience, qualification,
requalification, or other employment
suitability requirements. The NRC staff
also determined that approval of this
exemption request involves no
significant hazards consideration
because it does not authorize any
physical changes to the facility or any
of its safety systems, nor does it change
any of the assumptions or limits used in
the facility licensee’s safety analyses or
introduce any new failure modes; no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite because this exemption does not
affect any effluent release limits as
provided in the facility licensee’s
technical specifications or by the
regulations in 10 CFR part 20,
‘‘Standards for Protection Against
Radiation’’; no significant increase in
individual or cumulative public or
occupational radiation exposure
because this exemption does not affect
limits on the release of any radioactive
material or the limits provided in 10
CFR part 20 for radiation exposure to
workers or members of the public; no
significant construction impact because
this exemption does not involve any
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28991
changes to a construction permit; and
no significant increase in the potential
for or consequences from radiological
accidents because this exemption does
not alter any of the assumptions or
limits in the facility licensee’s safety
analysis. In addition, the NRC staff
determined that there would be no
significant impacts to biota, water
resources, historic properties, cultural
resources, or socioeconomic conditions
in the region. As such, there are no
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 is otherwise
in the public interest. Therefore, the
Commission hereby grants EHNC’s
request to exempt Davis-Besse from the
requirements for periodic
requalification of security personnel in
paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3),
D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10
CFR part 73, Appendix B, Section VI.
This exemption expires 90 days after the
end of the COVID–19 PHE, or December
31, 2020, whichever occurs first.
Dated: May 8, 2020.
For the Nuclear Regulatory
Commission.
Craig G. Erlanger,
Director, Division of Operating
Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020–10369 Filed 5–13–20; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. C2020–1; Presiding Officer’s
Ruling No. 4]
Complaint of Randall Ehrlich
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is revising
the procedural schedule for the
Complaint of Randall Ehrlich v. United
States Postal Service, which relates to
alleged discrimination by Postal Service
management in continuing a suspension
of mail service due to a dog hold on the
Complainant’s residence. This notice
informs the public of the revised
procedural schedule.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 28988-28991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10369]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346; NRC-2020-0111]
Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation
LLC; Davis-Besse Nuclear Power Station, Unit No. 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a
temporary exemption from certain periodic training and requalification
requirements for security personnel at the Davis-Besse Nuclear Power
Station, Unit No. 1, in response to an April 23, 2020, request, as
supplemented on May 6, 2020, from Energy Harbor Nuclear Corp.
DATES: The temporary exemption was issued on May 8, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0111. 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-2020-0111. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. The NRC staff's approval is
available in ADAMS under Accession No. ML20119B072.
FOR FURTHER INFORMATION CONTACT: Blake A. Purnell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1380, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 11, 2020.
[[Page 28989]]
For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-346
Energy Harbor Nuclear Corp.
Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power
Station, Unit No. 1; Exemption
I. Background
Energy Harbor Nuclear Corp. (EHNC) and Energy Harbor Nuclear
Generation LLC (collectively, the licensees) are the holders of the
Renewed Facility Operating License No. NPF-3 for Davis-Besse Nuclear
Power Station, Unit No. 1 (Davis-Besse), which consists of a
pressurized-water reactor (PWR) located in Ottawa County, Ohio. The
license provides, among other things, that the facility is 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 23, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20114E221), as supplemented
by letter dated May 6, 2020 (ADAMS Accession No. ML20128J218), EHNC
requested a temporary exemption from certain periodic requalification
requirements for security personnel in Title 10 of the Code of Federal
Regulations (10 CFR), Part 73, Appendix B, Section VI, ``Nuclear Power
Reactor Training and Qualification Plan for Personnel Performing
Security Program Duties,'' pursuant to 10 CFR 73.5, ``Specific
exemptions.'' Specifically, due to the Coronavirus Disease 2019 (COVID-
19) public health emergency (PHE) currently affecting the United States
and the state of emergency declared by the State of Ohio on March 9,
2020, EHNC requests a temporary exemption from the following
requirements in 10 CFR part 73, Appendix B, Section VI, related to
periodic training and requalification of security personnel at Davis-
Besse:
Paragraph B.5.(a): ``At least annually, armed and unarmed
individuals shall be required to demonstrate the capability to meet the
physical requirements of this appendix [10 CFR part 73, Appendix B] and
the licensee training and qualification plan.''
Paragraph C.3.(l)(1) in part: ``Each member of each shift
who is assigned duties and responsibilities required to implement the
safeguards contingency plan and licensee protective strategy
participates in at least one (1) tactical response drill on a quarterly
basis and one (1) force-on-force exercise on an annual basis.''
Paragraph D.1.(b)(3) in part: ``Armed individuals shall be
administered an annual written exam that demonstrates the required
knowledge, skills, and abilities to carry out assigned duties and
responsibilities as an armed member of the security organization.''
Paragraph D.2.(a): ``Armed and unarmed individuals shall
be requalified at least annually in accordance with the requirements of
this appendix [10 CFR part 73, Appendix B] and the Commission-approved
training and qualification plan.''
Paragraph E.1.(c): ``The licensee shall conduct annual
firearms familiarization training in accordance with the Commission-
approved training and qualification plan.''
Paragraph E.1.(f) in part: ``Armed members of the security
organization shall participate in weapons range activities on a nominal
four (4) month periodicity.''
Paragraph F.5.(a): ``Armed members of the security
organization shall be re-qualified for each assigned weapon at least
annually in accordance with Commission requirements and the Commission-
approved training and qualification plan, and the results documented
and retained as a record.''
EHNC requested that this temporary exemption expire 90 days after
the end of the COVID-19 PHE, or December 31, 2020, whichever occurs
first.
III. Discussion
On January 31, 2020, the U.S. Department of Health and Human
Services declared a PHE for the United States to aid the nation's
healthcare community in responding to COVID-19. On March 11, 2020, the
COVID-19 outbreak was characterized as a pandemic by the World Health
Organization.
Pursuant to 10 CFR 73.5, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 73 when the exemptions are authorized
by law, will not endanger life or property or the common defense and
security, and are otherwise in the public interest.
EHNC is requesting a temporary exemption from the requirements in
paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f),
and F.5.(a) of 10 CFR part 73, Appendix B, Section VI, related to the
periodic training and requalification of security personnel, pursuant
to 10 CFR 73.5. EHNC is requesting this temporary exemption to support
licensee isolation activities (e.g., social distancing, group size
limitations, and self-quarantining) to help protect required site
personnel from COVID-19 and ensure personnel remain capable of
maintaining plant security. EHNC stated that these ``isolation
activities restrict certain training activities.'' Notably, EHNC stated
that: ``Range activities are challenged by current social distancing
and safety guidelines relevant to COVID-19 response standards. Weapons
range activities require significant staff support that potentially
places armed individuals in the Energy Harbor Nuclear Corp. security
organization and other security staff in close proximity to one
another, increasing the likelihood of staff and officer exposure to
COVID-19. Range activities present additional hygiene issues relevant
to range facilities during the PHE.''
EHNC also stated that the requested exemption does not change
physical security plans or defensive strategy. More specifically, EHNC
stated that security personnel impacted by this exemption are currently
satisfactorily qualified on all required tasks and are monitored
regularly by supervisory personnel.
Licensee Provided Controls To Maintain the Knowledge, Skills, and
Abilities of Security Personnel
EHNC has identified controls that have been or will be implemented
at Davis-Besse to ensure impacted security personnel maintain the
knowledge, skills, and abilities required to effectively perform
assigned duties and responsibilities during the period of this
temporary exemption (i.e., up to 90 days after the end of the COVID-19
PHE, or December 31, 2020, whichever occurs first). A discussion of how
these controls relate to the current requirements is provided below:
1. Paragraph B.5.(a) of 10 CFR 73, Appendix B, Section VI: The
purpose of the annual physical requirements in paragraph B.5.(a) is to
ensure armed and unarmed members of the licensee's security
organization are capable of performing their assigned duties necessary
for implementing the licensee's Commission-approved security plans,
protective strategy, and implementing procedures. To help ensure
impacted security personnel
[[Page 28990]]
maintain the knowledge, skills, and abilities required to effectively
perform assigned duties and responsibilities at Davis-Besse, EHNC has
established measures ``to ensure security personnel self-report and
notify supervision or medical personnel, as appropriate, of changes
related to their physical fitness that could impact their ability to
perform their respective job function.''
2. Paragraph C.3.(l)(1) of 10 CFR 73, Appendix B, Section VI: The
purpose of the quarterly tactical drills and the annual licensee
conducted force-on-force exercises is to ensure that the site security
force maintains its contingency response readiness. Participation in
these drills and exercises also supports the requalification of
security force members. To help ensure impacted security personnel
maintain the knowledge, skills, and abilities required to effectively
perform assigned duties and responsibilities at Davis-Besse, EHNC
described the measures it is taking to ensure contingency response
readiness. These measures are: Conducting individual table top
discussions during the shift and review of response locations with
adherence to social distancing standards; providing officers with shift
discussion topics utilizing lessons learned from previous exercises and
based on training lesson plans/material objectives; and providing for
officer follow up questions and answers relevant to the focus topics
with adherence to social distancing standards.
3. Paragraphs D.1.(b)(3), D.2.(a), E.1.(c), and F.5.(a) of 10 CFR
73, Appendix B, Section VI: The purpose of the annual requalification
requirements is to ensure the licensee's armed and unarmed individuals
possess the requisite knowledge, skills, and abilities to effectively
perform assigned duties in accordance with the Commission-approved
security plans, protective strategy, and implementing procedures for
the site. To help ensure impacted security personnel maintain the
knowledge, skills, and abilities required to effectively perform
assigned duties and responsibilities at Davis-Besse, EHNC stated that
it ``has established measures to ensure that individuals maintain
performance capability despite not completing the annual
requalification for the annual written exam, firearms familiarization
and weapons requalification.'' These measures include lesson plan
objective-based discussions topics regarding critical tasks necessary
for performance of security duties and regarding the fundamentals of
marksmanship.
4. Paragraph E.1.(f) of 10 CFR 73, Appendix B, Section VI: The
purpose of the weapons range activity is to ensure that armed
individuals in the licensee's security organization maintain weapons
proficiency in support of the licensee's physical protection program.
To help ensure impacted security personnel maintain the knowledge,
skills, and abilities required to effectively perform assigned duties
and responsibilities at Davis-Besse, EHNC stated that it ``will
establish measures to ensure that individuals maintain performance
capability despite not completing weapons range activities on a nominal
four-month periodicity. Those measures include discussion topics
regarding relevant range activities and are based on range training
lesson plan objectives to maintain knowledge of weapon performance
requirements.''
Restoring Compliance With 10 CFR 73, Appendix B, Section VI
EHNC requested that this exemption expire 90 days after the end of
the COVID-19 PHE, or December 31, 2020, whichever occurs first. EHNC
indicates that the additional time period after the end of the COVID-19
PHE will be used to restore compliance with the periodic security
training and requalification requirements at Davis-Besse. To support
restoring compliance with these requirements, EHNC stated that it will
maintain a list with the names of the individuals that do not meet the
periodic security requalification requirements, including the date(s)
when each individual exceeds the required training periodicities. It is
the NRC's expectation that any annual licensee-conducted force-on-force
exercises that are delayed will be rescheduled so that they are
completed after the PHE ends. Security personnel that miss one or more
quarterly tactical drills during the period of the exemption would need
to resume participation in those drills after the exemption expires.
A. The Exemption Is Authorized by Law
EHNC is requesting an exemption from the requirements related to
periodic training and requalification of security personnel in
paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f),
and F.5.(a) of 10 CFR part 73, Appendix B, Section VI. In accordance
with 10 CFR 73.5, the Commission may grant exemptions from the
regulations in 10 CFR part 73, as authorized by law. The NRC staff
finds that granting the proposed exemption will not result in a
violation of the Atomic Energy Act of 1954, as amended, or other laws,
and is, thus, authorized by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
EHNC stated that the requested exemption will not endanger life or
property or the common defense and security. The requested exemption
would temporarily allow the identified security training and
requalification requirements to be deferred for security personnel
currently satisfactorily qualified at Davis-Besse. EHNC indicated that
although it had scheduled these requalification activities to comply
with the regulation, these activities must be rescheduled to allow
implementation of the EHNC pandemic response plan mitigation
strategies. EHNC asserts that these strategies serve the public
interest by ensuring adequate staff isolation and maintaining staff
health to perform their job function actions during the COVID-19 PHE.
EHNC stated that the requested exemption is related to training
requalification and does not change physical security plans or
defensive strategy. EHNC stated that security personnel impacted by the
requested exemption are currently satisfactorily qualified on all
required tasks. EHNC also stated that security personnel are monitored
regularly by supervisory personnel. As discussed above, EHNC identified
controls that have been or will be implemented at Davis-Besse to ensure
impacted security personnel maintain the knowledge, skills, and
abilities required to effectively perform assigned duties and
responsibilities. Therefore, EHNC stated that granting the requested
temporary exemption will not endanger or compromise the common defense
or security or the safeguarding of Davis-Besse. EHNC requested that the
exemption expire 90 days after the end of the COVID-19 PHE, or December
31, 2020, whichever occurs first. EHNC stated that this timeframe is
needed for it to restore compliance with the periodic security training
and requalification requirements at Davis-Besse.
The NRC staff finds that the controls EHNC has or will establish
for the duration of the exemption are adequate to ensure that the
required security posture at Davis-Besse is maintained. These controls
are adequate because they include a variety of mechanisms to help
ensure impacted security personnel continue to maintain the knowledge,
skills, and abilities required to perform assigned duties and
responsibilities, and as a result, will continue to ensure adequate
security of Davis-Besse. In addition, the requested duration of the
exemption would allow
[[Page 28991]]
EHNC time to restore normal requalification processes at Davis-Besse in
a systematic manner. For example, it may take time after the PHE has
ended for security personnel affected by COVID-19 to fully recover and
return to duty status. Based on the above, the NRC staff concludes that
the proposed exemption would not endanger life or property or the
common defense and security.
C. Otherwise in the Public Interest
On April 17, 2020, the Cybersecurity & Infrastructure Security
Agency (CISA) within the U.S. Department of Homeland Security (DHS)
published Version 3.0 of its ``Guidance on the Essential Critical
Infrastructure Workforce: Ensuring Community and National Resilience in
COVID-19 Response.'' Although that guidance is advisory in nature, it
is designed to ensure ``continuity of functions critical to public
health and safety, as well as economic and national security.'' In
addition, the Centers for Disease Control and Prevention (CDC) has
issued recommendations (e.g., social distancing, limiting assemblies)
to limit the spread of COVID-19.
EHNC stated, in part, that:
The Energy Harbor Nuclear Corp. pandemic response plan is based
on [the Nuclear Energy Institute (NEI) guidance document] NEI 06-03,
Pandemic Threat Planning, Preparation, and Response Reference Guide
(Reference 4), which recommends isolation strategies such as
sequestering, use of super crews or minimum staffing as well as
social distancing, group size limitations and self-quarantining, in
the event of a pandemic, to prevent the spread of the virus to the
plant. NEI 06-03 provides other mitigation strategies that serve the
public interest during a pandemic by ensuring adequate staff is
isolated from the pandemic and remains healthy to perform their job
function.
Keeping [Davis-Besse] in operation during the pandemic will help
to support the public need for reliable electricity supply to cope
with the pandemic. As the US Departments of Homeland Security and
Energy have stated in their guidance, the electric grid and nuclear
plant operation make up the nation's critical infrastructure similar
to the medical, food, communications, and other critical industries.
If the plant operation is impacted because it cannot comply with the
security training requalification requirements while isolation
activities are in effect for essential crew members, the area
electrical grid would lose this reliable source of baseload power.
In addition, [Davis-Besse] personnel could face the added transient
challenge of shutting down their respective plant and possibly not
restarting it until the pandemic passes. This does not serve the
public interest in maintaining a safe and reliable supply of
electricity.
EHNC stated that the requalification activities for security
personnel at Davis-Besse must be rescheduled to allow implementation of
the EHNC pandemic response plan mitigation strategies. In addition,
EHNC indicated that this exemption would support the licensee's
implementation of isolation activities (e.g., social distancing, group
size limitations, and self-quarantining) at Davis-Besse. EHNC stated
these actions serve the public interest by ensuring adequate staff
isolation and maintaining staff health to perform their job function
during the COVID-19 PHE.
Based on the above and the NRC staff's aforementioned findings, the
NRC staff concludes that granting the temporary exemption is in the
public interest because it allows EHNC to maintain the required
security posture at Davis-Besse while the facility continues to provide
electrical power. The exemption also enables EHNC to reduce the risk of
exposing essential security personnel at Davis-Besse to COVID-19.
D. Environmental Considerations
NRC approval of this exemption request is categorically excluded
under 10 CFR 51.22(c)(25), and there are no special circumstances
present that would preclude reliance on this exclusion. The NRC staff
determined, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from
which the exemption is sought involve education, training, experience,
qualification, requalification, or other employment suitability
requirements. The NRC staff also determined that approval of this
exemption request involves no significant hazards consideration because
it does not authorize any physical changes to the facility or any of
its safety systems, nor does it change any of the assumptions or limits
used in the facility licensee's safety analyses or introduce any new
failure modes; no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite
because this exemption does not affect any effluent release limits as
provided in the facility licensee's technical specifications or by the
regulations in 10 CFR part 20, ``Standards for Protection Against
Radiation''; no significant increase in individual or cumulative public
or occupational radiation exposure because this exemption does not
affect limits on the release of any radioactive material or the limits
provided in 10 CFR part 20 for radiation exposure to workers or members
of the public; no significant construction impact because this
exemption does not involve any changes to a construction permit; and no
significant increase in the potential for or consequences from
radiological accidents because this exemption does not alter any of the
assumptions or limits in the facility licensee's safety analysis. In
addition, the NRC staff determined that there would be no significant
impacts to biota, water resources, historic properties, cultural
resources, or socioeconomic conditions in the region. As such, there
are no 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 is otherwise in the
public interest. Therefore, the Commission hereby grants EHNC's request
to exempt Davis-Besse from the requirements for periodic
requalification of security personnel in paragraphs B.5.(a),
C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10
CFR part 73, Appendix B, Section VI. This exemption expires 90 days
after the end of the COVID-19 PHE, or December 31, 2020, whichever
occurs first.
Dated: May 8, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2020-10369 Filed 5-13-20; 8:45 am]
BILLING CODE 7590-01-P
