CNL-18-035, Modification Request for NRC Confirmatory Orders EA-09-009, 203 and EA-17-022 Issued to TVA

Modification Request for NRC Confirmatory Orders EA-09-009, 203 and EA-17-022 Issued to TVA

ML18109A016
Person / Time
Site:	Browns Ferry, Watts Bar, Sequoyah
Issue date:	04/17/2018
From:	James Shea Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
CNL-18-035, EA-09-009, EA-09-203, EA-17-022
Download: ML18109A016 (15)

Text

Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402 CNL-18-035 April 17, 2018 10 CFR 2.202 10 CFR 50.4 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Browns Ferry Nuclear Plant, Units 1, 2, and 3 Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 NRC Docket Nos. 50-259, 50-260, and 50-296 Sequoyah Nuclear Plant, Units 1 and 2 Renewed Facility Operating License Nos. DPR-77 and DPR-79 NRC Docket Nos. 50-327 and 50-328 Watts Bar Nuclear Plant, Units 1 and 2 Facility Operating License Nos. NPF-90 and NPF-96 NRC Docket Nos. 50-390 and 50-391

Subject:

Modification Request for NRC Confirmatory Orders EA-09-009, 203 and EA-17-022 Issued to TVA Reference 1. EA-09-009, 203, Letter from R. Zimmerman (NRC) to P. D. Swafford (TVA),

Confirmatory Order (Effective Immediately) (Office of Investigation Report Nos. 2-2006-025 & 2-2009-003), dated December 22, 2009 (ML093480096)

2. EA-17-022, Letter from J. T. Munday (NRC) to J. W. Shea (TVA), Watts Bar Nuclear Plant - NRC Problem Identification And Resolution Inspection (Part 2); and Safety Conscious Work Environment Issue Of Concern Follow-Up; NRC Inspection Report 05000390/2016013, 05000391/2016013, dated March 10, 2017 (ML17069A133)

3. EA-17-022, Letter from L. D. Wert (NRC) to M. A. Balduzzi (TVA),

Confirmatory Order (Nuclear Regulatory Commission Inspection Report 05000390/2016013, 05000391/2016013, dated July 27, 2017 (ML17208A727)

In Reference 1, the Nuclear Regulatory Commission (NRC) issued Confirmatory Order (CO)

EA-09-009, 203 to the Tennessee Valley Authority (TVA), as a result of an alternative dispute resolution (ADR) meeting conducted on December 4, 2009. Additionally, as a result of an inspection finding documented in Reference 2 related to Reference 1, the NRC issued CO EA-17-022 to TVA (Reference 3) following an ADR meeting conducted on June 9, 2017.

U.S. Nuclear Regulatory Commission CNL-18-035 Page 2 April 17, 2018 CO EA-17-022, in particular, documents actions TVA is required to implement with regard to Communication, Training, Work Processes, Independent Oversight, Assess and Monitor Nuclear Safety Culture and Safety Conscious Work Environment and Other subjects.

TVA has made significant progress in implementing the majority of the actions. On March 14, 2018, the NRC issued an inspection report documenting their inspection of TVA's actions taken to date to address CO EA-17-022. The NRC did not identify any findings.

At a public meeting on February 9, 2018, TVA met with the NRC to discuss the need to clarify or modify several requirements in the above COs to ensure clarity and consistency between the requirements in the COs and this ensures TVA's ability to maintain compliance. The purpose of this letter is to formally request modification of certain sections of the COs within EA-09-009, 203 and EA-17-022 based on TVA's review and implementation experience with these sections to ensure continued compliance.

The enclosure to this letter provides the details of TVA's modification request, justification for modifying the COs, and proposed CO wording. The enclosure also includes a summary table to support NRC review in addition to the revised CO wording.

There are no new regulatory commitments associated with this submittal with the exception of the proposed CO sections to be modified within the Enclosure. For questions related to this request, please contact Erin Henderson at (423) 751-7620.

J. . Shea President, Nuclear Regulatory Affairs and Support Services

Enclosure:

Confirmatory Order Clarification Request cc: (with Enclosure)

NRC Regional Administrator NRC Resident Inspector - Browns Ferry NRC Resident Inspector - Sequoyah NRC Resident Inspector - Watts Bar NRC Project Manager - Browns Ferry NRC Project Manager - Sequoyah NRC Project Manager - Watts Bar

Enclosure Confirmatory Order Clarification Request Introduction In Reference 1, the Nuclear Regulatory Commission (NRC) issued Confirmatory Order (CO)

EA-09-009, 203 to Tennessee Valley Authority (TVA), as a result of an alternative dispute resolution (ADR) meeting conducted on December 4, 2009. Additionally, as a result of an inspection finding documented in Reference 2 related to Reference 1, the NRC issued CO EA-17-022 (Reference 3) following an ADR meeting conducted on June 9, 2017.

The CO EA-17-022, in particular, documents actions TVA is required to implement with regard to Communication, Training, Work Processes, Independent Oversight, Assess and Monitor Nuclear Safety Culture and Safety Conscious Work Environment and Other subjects. TVA has made significant progress in implementing the majority of the actions. On March 14, 2018, the NRC issued an inspection report documenting its inspection of TVAs actions taken to date to address CO EA-17-022. The NRC did not identify any findings.

At a public meeting on February 9, 2018, TVA met with the NRC to discuss the need to clarify or modify several requirements in the above COs to ensure clarity and consistency between the requirements in the COs and this maintains TVAs ability to ensure compliance. The purpose of this letter is to formally request modification of certain sections of the COs within EA-09-009, 203 and EA-17-022 based on TVAs review and implementation experience with these sections to ensure continued compliance.

The current CO requirements, proposed CO modifications, and TVAs justification for the changes are presented below.

I. Modification to CO EA-17-022, Action V.1.c.5 and V.1.d.1 Section V.1.c. of CO EA-17-022 documents a series of actions requiring modification to TVAs work processes, and Section V.1.d documents actions to ensure independent oversight of TVA requirements or processes. During initial implementation of the CO EA-17-022 requirements, TVA identified the need to clarify certain requirements to ensure there is both clarity and consistency among the requirements in CO EA-17-022. As a result, TVA is requesting modification to CO EA-17-022, Actions V.1.c.5 and V.1.d.1 to align with Action V.1.c.1 which defines adverse employment actions that require the Executive Review Board (ERB) process to be utilized. The specific requirements, proposed requirements modifications, and justification are provided below. These two requirements are discussed in this same section because the justification and proposed changes are the same. To support NRC review, the proposed changes to the CO requirements are underlined.

Current Confirmatory Order Requirement EA-17-022 Action V.1.c.5. states the following:

Within six months following issuance of the CO, TVA shall revise Nuclear Safety Culture Monitoring guidance to incorporate a requirement for the Senior Leadership Team to conduct a review of Adverse Employment Actions to identify potential trends that could impact an organizations nuclear safety culture.

Proposed Confirmatory Order Requirement EA-17-022 Action V.1.c.5:

Within six months following issuance of the CO, TVA shall revise Nuclear Safety Culture Monitoring guidance to incorporate a requirement for the Senior Leadership Team to conduct a review of Adverse Employment Actions as described in section V.1.c.1 to identify potential trends that could impact an organizations nuclear safety culture.

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Enclosure Confirmatory Order Clarification Request Current Confirmatory Order Requirement EA-17-022 Action V.1.d.1 states the following:

Beginning in 2017, an independent third-party shall perform quarterly audits for the first year after the date of issuance of the CO, and semi-annually for the next two years, of the adverse employment action process to evaluate whether TVA is in compliance with the Adverse Employment Action Process. The independent person/group shall be experienced with NRC employee protection regulations (10 CFR 50.7, Section 211 of the Energy Reorganization Act, as amended), nuclear safety culture and safety conscious work environment, and ERBs. The third-party chosen to audit the adverse action process must be independent of TVA, and must have had no direct, previous involvement with implementation of the adverse employment action process at TVA.

The audit shall include reviewing all adverse employment actions, periodically attending ERBs, reviewing chilling effect mitigation plans, and providing recommendations as appropriate. The audit shall evaluate whether the process is effective at determining whether adverse employment actions comport with employee protection regulations, whether adverse employment actions could negatively impact the SCWE, and developing plans to mitigate the potential chilling effects of adverse employment actions.

The third-party shall report all findings and recommendations from the audits to the CNO. The audits shall be available for NRC review. This shall remain in effect for three years after issuance of the CO.

Proposed Confirmatory Order Requirement EA-17-022 Action V.1.d.1:

Beginning in 2017, an independent third-party shall perform quarterly audits for the first year after the date of issuance of the CO, and semi-annually for the next two years, of the adverse employment action process to evaluate whether TVA is in compliance with the Adverse Employment Action Process. The independent person/group shall be experienced with NRC employee protection regulations (10 CFR 50.7, Section 211 of the Energy Reorganization Act, as amended), nuclear safety culture and safety conscious work environment, and ERBs. The third-party chosen to audit the adverse action process must be independent of TVA, and must have had no direct, previous involvement with implementation of the adverse employment action process at TVA.

The audit shall include reviewing all adverse employment actions as described in section V.1.c.1, periodically attending ERBs, reviewing chilling effect mitigation plans, and providing recommendations as appropriate. The audit shall evaluate whether the process is effective at determining whether adverse employment actions comport with employee protection regulations, whether adverse employment actions could negatively impact the SCWE, and developing plans to mitigate the potential chilling effects of adverse employment actions. The third-party shall report all findings and recommendations from the audits to the CNO. The audits shall be available for NRC review. This shall remain in effect for three years after issuance of the CO.

Justification for the Request:

TVA requests modification to CO EA-17-022, Actions V.1.c.5 and V.1.d.1 to align this CO requirement with Action V.1.c.1 of CO EA-17-022. The CO Action V.1.c.1 requires TVA to maintain an independent management review process via an ERB review of proposed adverse employment actions in accordance with the procedure. The ERB review of adverse employment actions includes, at a minimum, suspensions (one or more days off without pay), terminations for cause, involuntary reduction in force, and no-fault terminations of employment. This action is significant in the CO because it defines which adverse employment actions require an ERB review.

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Enclosure Confirmatory Order Clarification Request Several other CO actions require TVA to revise processes or procedures to align to the requirements described in Action V.1.c.1. For instance, Action V.1.c.2 requires TVA to revise the Adverse Employment Action procedure to require all adverse employment actions as described in V.1.c.1) to be reviewed for potential effects on the SCWE. In that same section of the CO, Action V.1.c.5, as listed above, contains a requirement to revise TVAs Nuclear Safety Culture monitoring guidance to include a requirement for the Senior Leadership Team to review Adverse Employment Actions to identify potential trends that could impact the nuclear safety culture.

Section V.1.d. then outlines independent oversight actions to ensure TVA is meeting those same requirements. This requirement drives alignment and consistency from Action V.1.c.1 through these succeeding actions.

Prior to the CO being issued, TVA did not recognize that the two actions described above omitted the reference to Action V.1.c.1, consistent with how it is referenced in Action V.1.c.2, and with TVAs understanding during ADR. As these are enduring CO commitments, TVA is requesting the modification to correct that oversight and to ensure clarity and consistency in the CO requirements.

II. Modification to CO EA-09-009, 203, Action V.1 and CO EA-17-022, Action V.1.c.1 Section V of CO EA-09-009, 203 documents a series of actions TVA was required to implement.

Specifically, Action V.1 outlines a requirement for TVA to implement a process to review proposed adverse employment actions to determine whether the action comports with employee protection regulations, and whether it could negatively impact SCWE. The CO requires the review to be done prior to taking the action for both TVA employees and contractors. As discussed above, section V.1.c. of CO EA-17-022 documents a series of CO actions requiring modification to TVAs work processes, and Action V.1.c.1 defines which adverse employment actions require TVA to conduct an ERB. During initial implementation of CO EA-17-022, TVA identified the need to ensure clarity and consistency among the requirements in both CO-EA 009, 203 and CO EA-17-022, specifically related to the requirements for implementing the relative CO requirements for contractors. As a result, TVA is requesting a modification to CO EA-09-009, 203 Action V.1 and CO EA-17-022, Action V.1.c.1. Because the justification for the two changes is similar, they are both discussed in this section. The specific requirements, proposed requirements modifications, and justification are provided below. To support NRC review, the proposed changes to the CO requirement are underlined.

Current Confirmatory Order Requirement EA-09-009, 203 V.1 states the following:

By no later than ninety (90) calendar days after the issuance of this Confirmatory Order, TVA shall implement a process to review proposed licensee adverse employment actions at TVAs nuclear plant sites before actions are taken to determine whether the proposed action comports with employee protection regulations, and whether the proposed actions could negatively impact the SCWE. Such a process should consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce. By no later than one hundred twenty (120) calendar days after the issuance of the confirmatory order, TVA shall implement a process to review proposed significant adverse employment actions by contractors performing services at TVAs nuclear plant sites before the actions are taken to determine whether the proposed action comports with employee protection regulations, and whether the proposed action could negatively impact the SCWE. Such a process will likewise consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce.

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Enclosure Confirmatory Order Clarification Request Proposed Confirmatory Order Requirement EA-09-009, 203 Action V.1:

By no later than ninety (90) calendar days after the issuance of this Confirmatory Order, TVA shall implement a process to review proposed licensee adverse employment actions defined for this Confirmatory Order as suspensions (one or more days off without pay), terminations for cause, involuntary reduction in force, and no fault terminations of employment at TVAs nuclear plant sites before actions are taken to determine whether the proposed action comports with employee protection regulations, and whether the proposed actions could negatively impact the SCWE. Such a process should consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce. By no later than one hundred twenty (120) calendar days after the issuance of the confirmatory order, TVA shall implement a process to review proposed significant adverse employment actions by contractors performing services at TVAs nuclear plant sites defined for this Confirmatory Order as suspensions (one or more days off without pay) and terminations for cause. The actions shall be reviewed before the actions are taken or promptly upon TVA being notified of a significant adverse employment action being taken to determine whether the action comports with employee protection regulations, and whether the action could negatively impact the SCWE. Such a process will likewise consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce.

Current Confirmatory Order Requirement EA-17-022 Action V.1.c.1. states the following:

By no later than six months after the issuance of the CO, TVA shall maintain a uniform process to ensure independent management review of all proposed adverse actions in accordance with the procedure. This process shall be executed by an ERB chaired by a TVA Vice President or above. The ERB shall, at a minimum, review proposed adverse employment actions to include suspensions (one or more days off without pay),

terminations for cause, involuntary reduction in force, and no-fault terminations of employment.

Proposed Confirmatory Order Requirement EA-17-022 Action V.1.c.1:

By no later than six months after the issuance of the CO, TVA shall maintain a uniform process to ensure independent management review of all proposed adverse actions in accordance with the procedure. This process shall be executed by an ERB chaired by a TVA Vice President or above. The ERB shall, at a minimum, review proposed adverse employment actions to include suspensions (one or more days off without pay),

terminations for cause, involuntary reduction in force, and no-fault terminations of employment.

Justification for the Request:

TVA requests modification to CO EA-09-009, 203, Action V.1 and CO EA-17-022, Action V.1.c.1 to ensure clarity related to the requirements for contractors and ensure adverse employment action definition consistency between the two COs.

CO EA-09-009, 203, Action V.1 requires TVA to have a process for reviewing proposed adverse employment actions to ensure they comport with employee protection regulations and to assess whether the action could negatively impact the SCWE. Action V.1.c.1 in CO EA-17-022 builds on the requirement in CO EA-09-009, 203 providing specificity as which employment actions are considered adverse employment actions, therefore requiring TVA to perform an ERB.

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Enclosure Confirmatory Order Clarification Request For clarity and consistency, TVA is requesting a modification to CO EA-09-009, 203 so that it also reflects the same definition regarding what constitutes an adverse employment action. This modification will align the language contained in CO EA-09-009, 203 with the more recent CO EA-17-022. In the case of TVA employees, CO EA-17-022 Action V.1.c.1 defines the four proposed adverse employment actions requiring ERBs. Including the underlined statement in Action V.1 defined for this Confirmatory Order as (one or more days off without pay),

terminations for cause, involuntary reduction in force, and no fault terminations of employment provides the same specificity that exists in CO EA-17-022.

The CO EA-09-009, 203 contains a similar requirement for TVA contractors. The second half of CO EA-09-009, 203 Action V.1 is substantively similar except that it specifies that TVA review significant adverse employment actions before the actions are taken. TVA is proposing multiple changes related to that specific requirement. First, similar to the above discussion about TVA employee adverse employment actions, TVA proposes adding the following language to CO EA-09-009, 203 Action V.1: defined for this Confirmatory Order as suspensions (one or more days off without pay) and terminations for cause. This will modify CO EA-09-009, 203 to define the term significant adverse employment actions and achieve alignment and consistency between the two COs as to which adverse employment actions require an ERB to be conducted.

In addition to the above changes, TVA requests two additional changes to COs EA-09-009, 203 and EA-17-022 to address implementation challenges related to TVA contract employees. The first change is to add the following statement to CO EA-09-009, 203 Action V.1: The actions shall be reviewed before the actions are taken or promptly upon TVA being notified of a significant adverse employment action being taken to determine whether the action comports with employee protection regulations, and whether the action could negatively impact the SCWE.

The second change is to remove the word proposed prior to the discussion on adverse employment actions in both CO EA-09-009, 203 Action V.1 and CO EA-17-022 Action V.1.c.1 except in the first half of CO EA-09-009, 203 Action V.1 for TVA employees.

TVA is requesting these changes because as TVA started implementing the procedural revisions since CO EA-17-022 was issued, TVA identified challenges in implementation due to the potential for TVA contractors employment to be affected when TVA initiates actions as required by TVA procedures and 10 CFR Parts 25 and 26, Access Authorization and Fitness-for-Duty, respectively.

To provide further detail and context, CO Action V.1 of EA-09-009, 203 stated for both TVA employees and contractors that TVA shall implement a process to review proposed licensee

[significant] adverse employment actions at TVAs nuclear plant sites before actions are taken (italics added for emphasis; brackets for contractor portion). Concurrently, and as an example, 10 CFR Part 26, Fitness-for-Duty, compels the suspension or termination of access authorization by TVA based on an employees activities and/or actions as stated in 10 CFR Part 26.77(b): [T]he licensee or other entity shall take immediate action to prevent the individual from performing the duties that require him or her to be subject to this subpart. When a TVA employees access has been suspended, the general practice has been for the individual to be released from their duties with pay pending the results of an investigation. This allows TVA to properly investigate and determine whether an adverse employment action is warranted. If the investigation determines an adverse action is warranted, an ERB is conducted prior to taking the proposed adverse employment action as required by CO EA-09-009, 203.

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Enclosure Confirmatory Order Clarification Request In the case of TVA contractors, their access to the facility can be a condition of employment. As a result, actions taken as required by 10 CFR Parts 25 and 26 could result in employment actions being taken by the contractors employer, prior to the completion of TVAs determination that an adverse employment action is required and without immediate communication to TVA.

Therefore, TVA requests the following statement be added to CO EA-09-009, 203: The actions shall be reviewed before the actions are taken or promptly upon TVA being notified of a significant adverse employment action being taken to determine whether the action comports with employee protection regulations, and whether the action could negatively impact the SCWE.

TVA fully intends to continue to implement the ERB process to assess the proposed adverse employment action and evaluate potential SCWE impacts when significant adverse employment actions are taken related to contractors. The addition of this statement will retain the requirement for TVA to conduct the ERB process with awareness that actions can be taken by a contract company beyond TVAs control. For example, in applying this CO modification, contractor actions against their employees in response to TVAs access determination process will not result in non-compliance with the confirmatory order requirements. In those cases and upon being notified of the significant adverse employment action, TVA will promptly conduct an ERB to assess whether it comports with employee protection regulations and whether it could negatively impact the SCWE.

III. Modification to EA-09-009, 203, Action V.9 Section V of CO EA-09-009, 203 documents a series of actions TVA was required to implement .

Specifically, Action V.9 outlines a requirement for TVA to revise its training program for new supervisors to incorporate discussion of NRCs employee protection rule and TVAs policy on SCWE. During initial implementation of CO EA-17-022, TVA identified the need to ensure consistency among the requirements in the both CO EA-09-009, 203 and CO EA-17-022 due to a similarity identified between CO actions related to training. In this case, TVA is seeking to eliminate the duplicative training requirement in CO EA-09-009, 203 because there is also a similar and more comprehensive training requirement in CO EA-17-022. The specific requirements and justification are provided below.

Current Confirmatory Order EA-09-009, 203 Action V.9 states the following:

By no later than ninety (90) calendar days after the issuance of this Confirmatory Order, TVA shall revise its training program for new supervisors to incorporate a classroom discussion of the NRCs employee protection rule and the Companys policy on SCWE.

Current Confirmatory Order Requirement EA-17-022 Actions V.1.b.2 and V.1.b.3:

2) The training [as described in V.1.b.1] will be provided within one year and on an annual basis thereafter, to, at a minimum, all working status nuclear business group supervisory employees, contractor supervisory employees involved in nuclear related work activities, human resource staff involved in the adverse employment action process, employee concerns program staff, contract technical stewards for nuclear related work activities, and the personnel in the TVA Office of General Counsel who are engaged in nuclear related work activities.

3) New supervisory employees shall complete initial training through in-person or computer based training within three months of their hire or promotion effective date.

The training shall require, at a minimum, a discussion of the training material with personnel in the TVA Office of General Counsel who are engaged in nuclear related work activities.

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Enclosure Confirmatory Order Clarification Request Justification for the Request:

TVA requests a modification to CO EA-09-009, 203, Action V.9 to withdraw that specific requirement because it is redundant to and encompassed by the training requirement in CO EA-17-022 Section V.1.b. The CO EA-09-009, 203 Action V.9 required TVA to revise the training program for new supervisors to incorporate a classroom discussion of the employee protection rule and SCWE policies. The CO EA-17-022, Action V.1.b.1.a provides comprehensive training requirements including the adverse action process, employee protection regulations, nuclear safety culture, SCWE, behavioral expectations, and cases studies providing examples of discriminatory practices. In addition to that annual training requirement, there is a specific requirement for new supervisors in CO EA-17-022 Action V.1.b.3 that requires in person or computer based training within 3 months of their hire or promotion effective date along with a discussion of the training material with personnel in the TVA Office of the General Counsel.

In review and comparison of CO Action V.1.b.1.a of EA-17-022 with CO Action V.9 of EA-09-009, 203, TVA determined the required training topics and intended training audience within CO EA-17-022 are completely inclusive of and more comprehensive than the training committed to in CO EA-09-009, 203. TVA continues to agree with both the intent of the training and the personnel who should be trained. However, to avoid confusion in the applicable requirements, TVA requests the NRC withdraw CO Action V.9. of EA-09-009, 203 as the training required by CO EA-17-022 supersedes the previous training requirement.

Table 1 provides a summary of the above request relative to each CO and applicable section, original wording, proposed wording, and brief basis summary from the above:

References

1. EA-09-009, 203, Letter from R. Zimmerman (NRC) to P. D. Swafford (TVA), Confirmatory Order (Effective Immediately) (Office of Investigation Report Nos. 2-2006-025 & 2-2009-003), dated December 22, 2009 (ML093480096)

2. EA-17-022, Letter from J. T. Munday (NRC) to J. W. Shea (TVA) Watts Bar Nuclear Plant -

NRC Problem Identification and Resolution Inspection (Part 2); and Safety Conscious Work Environment Issue of Concern Follow-Up; NRC Inspection Report 05000390/2016013, 05000391/2016013, dated March 10, 2017 (ML17069A133)

3. EA-17-022, Letter from L. D. Wert (NRC) to M. A. Balduzzi (TVA), Confirmatory Order (Nuclear Regulatory Commission Inspection Report 05000390/2016013, 05000391/2016013, dated July 27, 2017 (ML17208A727)

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Enclosure Confirmatory Order Clarification Request Table 1 Summary of TVA Confirmatory Order Modification Requests Order No. Section No. Request Original Wording Proposed Wording Basis EA-17-022 V.1.c.5) Modification Within six months following Within six months following Clarification is required issuance of the CO, TVA shall issuance of the CO, TVA shall to ensure consistency revise Nuclear Safety Culture revise Nuclear Safety Culture with Section V.1.c.1 Monitoring guidance to Monitoring guidance to where adverse incorporate a requirement for incorporate a requirement for the employment actions the Senior Leadership Team to Senior Leadership Team to that require an conduct a review of Adverse conduct a review of Adverse executive review board Employment Actions to identify Employment Actions as are defined.

potential trends that could described in section V.1.c.1 to impact an organizations identify potential trends that nuclear safety culture. could impact an organizations nuclear safety culture.

EA-17-022 V.1.d.1) Modification The audit shall include The audit shall include reviewing Clarification is required (sub-section) reviewing all adverse all adverse employment actions to ensure consistency employment actions, as described in section V.1.c.1, with Section V.1.c.1 periodically attending ERBs, periodically attending ERBs, where adverse reviewing chilling effect reviewing chilling effect employment actions mitigation plans, and providing mitigation plans, and providing that require an recommendations as recommendations as executive review board appropriate. appropriate. are defined.

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Enclosure Confirmatory Order Clarification Request Table 1 Summary of TVA Confirmatory Order Modification Requests Order No. Section No. Request Original Wording Proposed Wording Basis EA-09-009, V.1. (section Modification By no later than ninety (90) By no later than ninety (90) Provide clarity and 203 first half) calendar days after the calendar days after the issuance consistency between issuance of this Confirmatory of this Confirmatory Order, TVA CO EA-09-009, 203 Order, TVA shall implement a shall implement a process to and CO EA-17-022, process to review proposed review proposed licensee which defines the licensee adverse employment adverse employment actions adverse employment actions at TVAs nuclear plant defined for this Confirmatory actions that require sites before actions are taken Order as suspensions (one or ERB review.

to determine whether the more days off without pay),

proposed action comports with terminations for cause, employee protection involuntary reduction in force, regulations, and whether the and no-fault terminations of proposed actions could employment at TVAs nuclear negatively impact the SCWE. plant sites before actions are Such a process should taken to determine whether the consider actions to mitigate a proposed action comports with potential chilling effect if the employee protection regulations, employment action, despite its and whether the proposed legitimacy, could be perceived actions could negatively impact as retaliatory by the workforce. the SCWE. Such a process should consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce.

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Enclosure Confirmatory Order Clarification Request Table 1 Summary of TVA Confirmatory Order Modification Requests Order No. Section No. Request Original Wording Proposed Wording Basis EA-09-009, V.1. (section Modification By no later than one hundred By no later than one hundred 1) Ensure alignment 203 second half) twenty (120) calendar days twenty (120) calendar days after and consistency after the issuance of the the issuance of the confirmatory between CO EA confirmatory order, TVA shall order, TVA shall implement a 009, 203 and CO EA-implement a process to review process to review proposed 17-022, which defines proposed significant adverse significant adverse employment the adverse employment actions by actions by contractors employment actions contractors performing services performing services at TVAs that require ERB at TVAs nuclear plant sites nuclear plant sites defined for review and provide before the actions are taken to this Confirmatory Order as clarity as to which determine whether the suspensions (one or more days adverse employment proposed action comports with off without pay) and terminations actions apply to employee protection for cause. The actions shall be contractors.

regulations, and whether the reviewed before the actions are proposed action could taken or promptly upon TVA 2) Provide process negatively impact the SCWE. being notified of a significant clarity as to the Such a process will likewise adverse employment action conduct of the consider actions to mitigate a being taken to determine management review for potential chilling effect if the whether the action comports contractors when employment action, despite its with employee protection access decisions have legitimacy, could be perceived regulations, and whether the potentially affected as retaliatory by the workforce. action could negatively impact employment.

the SCWE. Such a process will likewise consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce.

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Enclosure Confirmatory Order Clarification Request Table 1 Summary of TVA Confirmatory Order Modification Requests Order No. Section No. Request Original Wording Proposed Wording Basis EA-17-022 V.1.c.1) Modification By no later than six months By no later than six months after Provide process clarity after the issuance of the CO, the issuance of the CO, TVA regarding ERB review TVA shall maintain a uniform shall maintain a uniform process of significant adverse process to ensure independent to ensure independent employment actions of management review of all management review of all TVA contractors when proposed adverse actions in proposed adverse actions in access decisions accordance with the procedure. accordance with the procedure. potentially effect This process shall be executed This process shall be executed employment.

by an ERB chaired by a TVA by an ERB chaired by a TVA Vice President or above. The Vice President or above. The ERB shall, at a minimum, ERB shall, at a minimum, review review proposed adverse proposed adverse employment employment actions to include actions to include suspensions suspensions (one or more days (one or more days off without off without pay), terminations pay), terminations for cause, for cause, involuntary reduction involuntary reduction in force, in force, and no-fault and no-fault terminations of terminations of employment. employment.

EA-09-009, V.9. Withdraw By no later than ninety (90) [withdrawn] Withdraw is requested 203 calendar days after the to eliminate redundant issuance of this Confirmatory requirements as the Order, TVA shall revise its training requirements in training program for new CO EA-17-022 are supervisors to incorporate a inclusive of and more classroom discussion of the comprehensive than NRCs employee protection the training required in rule and the Companys policy CO EA-09-009, 203.

on SCWE.

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Enclosure Confirmatory Order Clarification Request Clean Applicable Confirmatory Order Sections EA-17-022:

CO Section V.1.c.1):

By no later than six months after the issuance of the CO, TVA shall maintain a uniform process to ensure independent management review of all adverse actions in accordance with the procedure. This process shall be executed by an ERB chaired by a TVA Vice President or above. The ERB shall, at a minimum, review adverse employment actions to include suspensions (one or more days off without pay), terminations for cause, involuntary reduction in force, and no-fault terminations of employment.

CO Section V.1.c.5):

Within six months following issuance of the CO, TVA shall revise Nuclear Safety Culture Monitoring guidance to incorporate a requirement for the Senior Leadership Team to conduct a review of Adverse Employment Actions as described in section V.1.c.1 to identify potential trends that could impact an organizations nuclear safety culture.

CO Section V.1.d.1):

Beginning in 2017, an independent third-party shall perform quarterly audits for the first year after the date of issuance of the CO, and semi-annually for the next two years, of the adverse employment action process to evaluate whether TVA is in compliance with the Adverse Employment Action Process. The independent person/group shall be experienced with NRC employee protection regulations (10 CFR 50.7, Section 211 of the Energy Reorganization Act, as amended), nuclear safety culture and safety conscious work environment, and ERBs. The third-party chosen to audit the adverse action process must be independent of TVA, and must have had no direct, previous involvement with implementation of the adverse employment action process at TVA. The audit shall include reviewing all adverse employment actions as described in section V.1.c.1, periodically attending ERBs, reviewing chilling effect mitigation plans, and providing recommendations as appropriate. The audit shall evaluate whether the process is effective at determining whether adverse employment actions comport with employee protection regulations, whether adverse employment actions could negatively impact the SCWE, and developing plans to mitigate the potential chilling effects of adverse employment actions. The third-party shall report all findings and recommendations from the audits to the CNO. The audits shall be available for NRC review. This shall remain in effect for three years after issuance of the CO.

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Enclosure Confirmatory Order Clarification Request EA-09-009, 203:

CO Section V.1:

By no later than ninety (90) calendar days after the issuance of this Confirmatory Order, TVA shall implement a process to review proposed licensee adverse employment actions defined for this Confirmatory Order as suspensions (one or more days off without pay), terminations for cause, involuntary reduction in force, and no-fault terminations of employment at TVAs nuclear plant sites before actions are taken to determine whether the proposed action comports with employee protection regulations, and whether the proposed actions could negatively impact the SCWE. Such a process should consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce. By no later than one hundred twenty (120) calendar days after the issuance of the confirmatory order, TVA shall implement a process to review significant adverse employment actions by contractors performing services at TVAs nuclear plant sites defined for this Confirmatory Order as suspensions (one or more days off without pay) and terminations for cause. The actions shall be reviewed before the actions are taken or promptly upon TVA being notified of a significant adverse employment action being taken to determine whether the action comports with employee protection regulations, and whether the action could negatively impact the SCWE. Such a process will likewise consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce.

CO Section V.9:

[withdrawn]

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