Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation LLC; Perry Nuclear Power Plant, Unit No. 1, 29756-29759 [2020-10527]
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
52.103(g). Any future updates to the
status of these ITAAC will be reflected
on the NRC’s website at https://
www.nrc.gov/reactors/new-reactors/
oversight/itaac.html.
This notice fulfills the NRC staff’s
obligations under 10 CFR 52.99(e)(1) to
publish a notice in the Federal Register
of the NRC staff’s determination of the
successful completion of inspections,
tests, and analyses.
Vogtle Electric Generating Plant Unit 3,
Docket No. 5200025
A complete list of the review status
for VEGP Unit 3 ITAAC, including the
submission date and ADAMS Accession
Number for each ICN received, the
ADAMS Accession Number for each
VEF, and the ADAMS Accession
Numbers for the inspection reports
associated with these specific ITAAC,
can be found on the NRC’s website at
https://www.nrc.gov/reactors/newreactors/new-licensing-files/vog3icnsr.pdf.
Vogtle Electric Generating Plant Unit 4,
Docket No. 5200026
A complete list of the review status
for VEGP Unit 4 ITAAC, including the
submission date and ADAMS accession
number for each ICN and IPCN received,
the ADAMS accession number for each
VEF, and the ADAMS accession
numbers for the inspection reports
associated with these specific ITAAC,
can be found on the NRC’s website at
https://www.nrc.gov/reactors/newreactors/new-licensing-files/vog4icnsr.pdf.
Dated: May 13, 2020.
For the Nuclear Regulatory Commission.
Victor E. Hall,
Chief, Vogtle Project Office, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020–10584 Filed 5–15–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2020–0001]
Sunshine Act Meetings
Weeks of May 18, 25,
June 1, 8, 15, 22, 2020.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public.
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TIME AND DATE:
Week of May 18, 2020
There are no meetings scheduled for
the week of May 18, 2020.
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Week of May 25, 2020—Tentative
There are no meetings scheduled for
the week of May 25, 2020.
Week of June 1, 2020—Tentative
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–440; NRC–2020–0114]
There are no meetings scheduled for
the week of June 1, 2020.
Energy Harbor Nuclear Corp.; Energy
Harbor Nuclear Generation LLC; Perry
Nuclear Power Plant, Unit No. 1
Week of June 8, 2020—Tentative
AGENCY:
There are no meetings scheduled for
the week of June 8, 2020.
Week of June 15, 2020—Tentative
There are no meetings scheduled for
the week of June 15, 2020.
Week of June 22, 2020—Tentative
There are no meetings scheduled for
the week of June 22, 2020.
CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov. The
schedule for Commission meetings is
subject to change on short notice.
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify Anne
Silk, NRC Disability Program Specialist,
at 301–287–0745, by videophone at
240–428–3217, or by email at
Anne.Silk@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or by email at
Wendy.Moore@nrc.gov or Tyesha.Bush@
nrc.gov.
The NRC is holding the meetings
under the authority of the Government
in the Sunshine Act, 5 U.S.C. 552b.
Dated: May 14, 2020.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2020–10743 Filed 5–14–20; 4:15 pm]
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The U.S. Nuclear Regulatory
Commission (NRC) has issued a
temporary exemption from certain
periodic training and requalification
requirements for security personnel at
the Perry Nuclear Power Plant, Unit No.
1, in response to an April 24, 2020,
request, as supplemented on May 6,
2020, from Energy Harbor Nuclear Corp.
DATES: The temporary exemption was
issued on May 11, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0114. 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–2020–0114. 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. ML20119A051.
FOR FURTHER INFORMATION CONTACT:
Scott P. Wall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington DC 20555–
0001; telephone: 301–415–2855, email:
Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
SUMMARY:
Dated: May 12, 2020.
BILLING CODE 7590–01–P
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Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
For the Nuclear Regulatory Commission.
Scott P. Wall,
Project Manager, Plant Licensing Branch III,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
Docket No. 50–440
Energy Harbor Nuclear Corp.; Energy
Harbor Nuclear Generation LLC; Perry
Nuclear Power Plant, 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 Facility Operating
License No. NPF–58 for Perry Nuclear
Power Plant, Unit No. 1 (PNPP), which
consists of a boiling-water reactor
(BWR) located near Lake Erie in Lake
County, Ohio. The license provides,
among other things, that the facility is
subject to all 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 24, 2020
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML20115E551), 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 PNPP:
• 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 requalified 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 the COVID–19 virus 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
PNPP 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
following 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
PNPP, 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 PNPP, 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 PNPP, 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
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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
PNPP, 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 PNPP. 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 exemptions 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
exemptions 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 PNPP. 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 PNPP 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 PNPP.
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 PNPP.
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 PNPP 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 PNPP. In addition,
the requested duration of the exemption
would allow EHNC time to restore
normal requalification processes at
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PNPP 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.
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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 states, 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 PNPP 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, PNPP 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 PNPP
must be rescheduled to allow
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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
PNPP. 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 PNPP while the facility continues to
provide electrical power. The
exemption also enables EHNC to reduce
the risk of exposing essential security
personnel at PNPP 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
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29759
not alter any of the assumptions or
limits in the facility licensee’s safety
analysis. In addition, the NRC staff
determined that there would be no
significant impacts to biota, water
resources, historic properties, cultural
resources, or socioeconomic conditions
in the region. As such, there are no
special circumstances present that
would preclude reliance on this
categorical exclusion. Therefore,
pursuant to 10 CFR 51.22(b), no
environmental impact statement or
environmental assessment need be
prepared in connection with the
approval of this exemption request.
IV. Conclusions
Accordingly, the NRC has determined
that pursuant to 10 CFR part 73.5, the
exemption is authorized by law, will not
endanger life or property or the common
defense and security, and is otherwise
in the public interest. Therefore, the
Commission hereby grants EHNC’s
request to exempt PNPP 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 11, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–10527 Filed 5–15–20; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88859; File No. SR–
PEARL–2020–03]
Self-Regulatory Organizations; MIAX
PEARL, LLC; Notice of Filing of
Amendment No. 1 and Order Instituting
Proceedings To Determine Whether To
Approve or Disapprove a Proposed
Rule Change, as Modified by
Amendment No. 1, To Establish Rules
Governing the Trading of Equity
Securities
May 12, 2020.
I. Introduction
On January 24, 2020, MIAX PEARL,
LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
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]]>Agencies
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29756-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10527]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440; NRC-2020-0114]
Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation
LLC; Perry Nuclear Power Plant, Unit No. 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a
temporary exemption from certain periodic training and requalification
requirements for security personnel at the Perry Nuclear Power Plant,
Unit No. 1, in response to an April 24, 2020, request, as supplemented
on May 6, 2020, from Energy Harbor Nuclear Corp.
DATES: The temporary exemption was issued on May 11, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0114. 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-2020-0114. 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. ML20119A051.
FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-2855, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 12, 2020.
[[Page 29757]]
For the Nuclear Regulatory Commission.
Scott P. Wall,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-440
Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation LLC;
Perry Nuclear Power Plant, 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
Facility Operating License No. NPF-58 for Perry Nuclear Power Plant,
Unit No. 1 (PNPP), which consists of a boiling-water reactor (BWR)
located near Lake Erie in Lake County, Ohio. The license provides,
among other things, that the facility is subject to all 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 24, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20115E551), 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 PNPP:
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 the COVID-19 virus 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 PNPP 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 following 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 29758]]
maintain the knowledge, skills, and abilities required to effectively
perform assigned duties and responsibilities at PNPP, 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 PNPP, 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 PNPP, 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 PNPP, 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 PNPP. 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 exemptions 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 exemptions 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 PNPP. 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 PNPP 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 PNPP. 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 PNPP.
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 PNPP 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 PNPP. In
addition, the requested duration of the exemption would allow EHNC time
to restore normal requalification processes at
[[Page 29759]]
PNPP 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 states, 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 PNPP 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, PNPP 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 PNPP 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 PNPP. 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 PNPP while the facility continues to provide
electrical power. The exemption also enables EHNC to reduce the risk of
exposing essential security personnel at PNPP to COVID-19.
D. Environmental Considerations
NRC approval of this exemption request is categorically excluded
under 10 CFR 51.22(c)(25), and there are no special circumstances
present that would preclude reliance on this exclusion. The NRC staff
determined, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from
which the exemption is sought involve education, training, experience,
qualification, requalification, or other employment suitability
requirements. The NRC staff also determined that approval of this
exemption request involves no significant hazards consideration because
it does not authorize any physical changes to the facility or any of
its safety systems, nor does it change any of the assumptions or limits
used in the facility licensee's safety analyses or introduce any new
failure modes; no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite
because this exemption does not affect any effluent release limits as
provided in the facility licensee's technical specifications or by the
regulations in 10 CFR part 20, ``Standards for Protection Against
Radiation''; no significant increase in individual or cumulative public
or occupational radiation exposure because this exemption does not
affect limits on the release of any radioactive material or the limits
provided in 10 CFR part 20 for radiation exposure to workers or members
of the public; no significant construction impact because this
exemption does not involve any changes to a construction permit; and no
significant increase in the potential for or consequences from
radiological accidents because this exemption does not alter any of the
assumptions or limits in the facility licensee's safety analysis. In
addition, the NRC staff determined that there would be no significant
impacts to biota, water resources, historic properties, cultural
resources, or socioeconomic conditions in the region. As such, there
are no special circumstances present that would preclude reliance on
this categorical exclusion. Therefore, pursuant to 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the NRC has determined that pursuant to 10 CFR part
73.5, the exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants EHNC's request
to exempt PNPP 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 11, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-10527 Filed 5-15-20; 8:45 am]
BILLING CODE 7590-01-P
