ML20226A116

Temporary Exemption from the Annual Force-on-Force Training Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel,Section VI (EPID L-2020-LLE-0128) (COVID-19)

ML20226A116
Person / Time
Site:	Fermi
Issue date:	09/11/2020
From:	Craig Erlanger Division of Operating Reactor Licensing
To:	Peter Dietrich DTE Electric Company
Arora S
References
EPID L-2020-LLE-0128
Download: ML20226A116 (5)

Text

September 10, 2020 Mr. Peter Dietrich Senior Vice President and Chief Nuclear Officer DTE Electric Company Fermi 2 - 260 TAC 6400 North Dixie Highway Newport, MI 48166

SUBJECT:

FERMI 2 - TEMPORARY EXEMPTION FROM THE ANNUAL FORCE-ON-FORCE TRAINING REQUIREMENTS OF 10 CFR PART 73, APPENDIX B, GENERAL CRITERIA FOR SECURITY PERSONNEL, SECTION VI (EPID L-2020-LLE-0128) [COVID-19]

Dear Mr. Dietrich:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has approved the below temporary exemption from specific requirements of 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, for Fermi 2. This action is in response to DTE Energy Companys (DTE) application dated August 6, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20219A178), that requested temporary exemption from 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1),

regarding the annual force-on-force (FOF) exercise at Fermi 2.

The requirements in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), state 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) force-on-force exercise on an annual basis.

Force-on-force exercises conducted to satisfy the NRC triennial evaluation requirement can be used to satisfy the annual force-on-force requirement for the personnel that participate in the capacity of the security response organization.

The purpose of the annual licensee-conducted FOF exercise 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.

On January 31, 2020, the U.S. Department of Health and Human Services declared a Coronavirus Disease 2019 (COVID-19) public health emergency (PHE) for the United States.

Subsequently, the Centers for Disease Control and Prevention issued recommendations (e.g., social distancing, limiting assemblies) to limit the spread of COVID-19.

In its August 6, 2020, application, DTE stated the following:

In response to the declarations of the PHE and in accordance with the DTE corporate pandemic response plan, Fermi 2 has modified some site activities due to isolation activities (for example, social distancing, group size limitations, and self-quarantining) and also anticipates the possibility of isolation of required station personnel to maintain necessary staffing levels.

This temporary exemption supports the isolation restrictions (e.g., social distancing, group size limitations, self-quarantining, etc.) necessary to protect required site personnel in response to the 2020 COVID-19 virus.

These restrictions are needed to ensure personnel are isolated from the COVID-19 virus and remain capable of maintaining plant security.

DTE implemented proactive isolation restrictions for Fermi 2 site personnel on March 16, 2020.

DTE will maintain a list of the names of the individuals who will not meet the requalification requirements and will include the dates of the last qualification.

DTE will ensure contingency response readiness of security personnel not participating in an annual FOF exercise by continuing to conduct quarterly tactical response drills, including tabletop exercises, to ensure the security force maintains response readiness.

The FOF annual exercise will be completed within 90 days after the PHE is ended or by December 31, 2020, whichever occurs first. However, should unforeseen circumstances arise that would inhibit resuming these activities, DTE will provide an updated request for exemption with as much advance notice as practicable.

DTE will begin implementing its site-specific COVID-19 PHE controls for managing personnel performing Security Program duties at 0000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> Eastern Daylight Time (EDT) on September 20, 2020, which is when the annual exercise grace period expires.

This temporary exemption is specific to security personnel who have previously demonstrated proficiency and are currently qualified in accordance with the requirements in 10 CFR Part 73, Appendix B, Section VI. DTE stated that because of the rigorous nature of Fermi 2 security personnel training programs, which consist of regularly scheduled training activities to include weapons training, contingency response drills and exercises, and demonstrated acceptable performance of day-to-day job activities (e.g., detection and assessment, patrols, searches, and defensive operations), it is reasonable to conclude that security personnel will continue to maintain their proficiency even though the requalification periodicity is temporarily exceeded.

Additionally, DTE will implement the NRC staff-approved COVID-19 PHE controls listed above at Fermi 2 to help ensure impacted security personnel maintain the knowledge, skills, and abilities required to effectively perform assigned duties and responsibilities. In its August 6, 2020, application, DTE requested that the duration of the exemption be in effect for 90 days after the PHE is ended, or until December 31, 2020, whichever occurs first. This is consistent with the NRC staffs April 20, 2020, letter discussing planned activities related to the

requirements for 10 CFR Part 73, Appendix B, Section VI, during the PHE (ADAMS Accession No. ML20105A483).

Pursuant to 10 CFR 73.5, Specific exemptions, the Commission may, upon application of 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.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 that is authorized by law. The NRC staff has reviewed the exemption request and finds that granting the proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the NRC staff finds that this exemption is authorized by law.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 when the exemption will not endanger life or property or the common defense and security. This temporary exemption will only apply to Fermi 2 security personnel who are already satisfactorily qualified on the security requirements in 10 CFR Part 73, Appendix B, Section VI. Based on this fact, and its review of the controls you will implement for the duration of the exemption, including continuing to conduct required quarterly tactical response drills, tabletop exercises, and completing any missed annual FOF exercises/drills within the time period in this request, the NRC staff has reasonable assurance that the security force at Fermi 2 will maintain its proficiency and readiness to implement the licensees protective strategy and adequately protect the site. Therefore, the NRC staff concludes that the proposed exemption would not endanger life or property or the common defense and security.

In accordance with 10 CFR 73.5, the Commission may grant an exemption from the regulations in 10 CFR Part 73 when the exemption is in the public interest. Participation in annual FOF exercises place site security personnel in close proximity to one another. Such proximity has the potential to increase the likelihood of security personnel being exposed to the COVID-19 virus. The NRC staff finds that the temporary exemption from the requirements in 10 CFR Part 73, Appendix B, Section VI, subsection C.3.(l)(1), would facilitate the licensees efforts to maintain a healthy workforce capable of operating the plant safely and implementing the sites protective strategy by isolating security personnel from potential exposure to the COVID-19 virus. The NRC staff concludes that granting the temporary exemption is in the public interest because it allows the licensee to maintain the required security posture at Fermi 2, while enabling the facility to continue to provide electrical power to the Nation.

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 exemptions are 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 licensees safety analyses or introduce any new failure modes. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because these exemptions do not affect any effluent release limits as provided in the facility licensees technical

specifications or by the regulations in 10 CFR Part 20, Standards for protection against radiation. There is no significant increase in individual or cumulative public or occupational radiation exposure because these exemptions do 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. There is no significant construction impact because these exemptions do not involve any changes to a construction permit and no significant increase in the potential for or consequences from radiological accidents because these exemptions do not alter any of the assumptions or limits in the facility licensees 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. 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.

Conclusions Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, this 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 the licensees request to temporarily exempt Fermi 2 from the annual FOF exercise requalification requirement of security personnel in subsection C.3.(l)(1) of 10 CFR Part 73, Appendix B, Section VI.

This exemption expires 90 days after the end of the PHE, or December 31, 2020, whichever occurs first.

If you have any questions, please contact the Fermi project manager, Surinder Arora, at 301-415-1421 or Surinder.Arora@nrc.gov.

Sincerely, Craig G. Erlanger, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341 cc: Listserv Craig G.

Erlanger Digitally signed by Craig G.

Erlanger Date: 2020.09.10 14:37:34

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ML20226A116

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