IP 92709
text
Issue Date: 05/16/19 1 92709
NRC INSPECTION MANUAL IRIB
INSPECTION PROCEDURE 92709
CONTINGENCY PLANS FOR LICENSEE STRIKES OR LOCKOUTS
PROGRAM APPLICABILITY: IMC 2201C, IMC 2515C, IMC 2600B, IMC 2681E3
92709-01 INSPECTION OBJECTIVES
To evaluate the adequacy of the licensee’s contingency plan prior to the strike/lockout to
determine if:
a. The required minimum number of qualified personnel will be available for the proper
operation, security, and safety of the facility.
b. Reactor operation and facility security will be maintained as required.
c. The plan complies with the requirements in Technical Specifications and the Code of
Federal Regulations (CFR).
92709-02 INSPECTION REQUIREMENTS
02.01 Determine the adequacy of the licensee's strike/lockout contingency plans and whether
these plans have been reviewed by the facility's safety review committees or
appropriate managers.
02.02 Determine the adequacy of the licensee’s safeguards contingency plan.
a. The availability and operability of equipment required.
b. The requirements for minimum onsite shift staffing of the facility.
c. The licensee has scheduled covered workers such that the work hours conform to the
requirements specified in 10 CFR 26.205.
02.03 Determine if the licensee’s contingency plan will meet the requirements for minimum
onsite shift staffing of the facility. Verify that the licensee has scheduled covered
workers such that the work hours conform to the requirements specified in 10 CFR 26.205.
Issue Date: 05/16/19 2 92709
02.04 Determine if the licensee’s contingency plan will meet regulatory requirements in the
following areas:
a. Plant management
b. Operations
c. Maintenance
d. Security
e. Chemistry and radiation protection
f. Surveillance and calibrations
g. Administrative controls
h. Nuclear criticality safety (fuel facility)
i. Material control and accounting (fuel facility)
02.05 Determine if licensed personnel who will be performing licensed activities are qualified,
per 10 CFR 55.53(e) and (f).
02.06 Prior to the strike/lockout, perform the following:
a. Verify that the licensee has properly trained, or will have trained prior to shift
assignment, non-licensed personnel who will be performing functions to which they are
not normally assigned.
b. Verify through observation and discussion with one of each of the following plant
personnel that they understand their function under the modified staffing plan as
follows:
1. Plant management.
2. Senior reactor operators and reactor operators (at reactor sites), plant operators
(at fuel facilities).
3. Maintenance.
4. Health Physics.
5. Security supervision.
6. Other personnel responsible for operational or safety functions.
Issue Date: 05/16/19 3 92709
c. Evaluate the effectiveness of site security.
02.07 Verify that support from local agencies is adequate to ensure the following:
a. Unimpeded access of personnel to the plant.
b. Unencumbered delivery of support goods to the site and unencumbered offsite
shipment of radioactive materials.
c. Mitigation of any possible threat to the site, including abusive or violent strikers.
d. Unimpeded access of medical care and ambulance services to treat injured or
contaminated persons.
e. Unimpeded access of the local fire department to supplement the site fire fighting unit.
02.08 Confirm that site staffing will be sufficient and qualified to implement the site emergency
plan.
02.09 Verify that the emergency communication equipment and the Emergency Notification
System, or criticality alarm system, where applicable, are available and operable.
02.10 Meet with the site employee concerns program (ECP) coordinator or ombudsman to
determine if contract negotiations have had any adverse impact on the safety conscious
work environment at the site.
92709-03 INSPECTION GUIDANCE
General Guidance. Events have shown that, once negotiations have gone beyond the end of a
contract date, bargaining unit personnel can strike (Oyster Creek 2003, Nine Mile Point 2011),
or licensee management can decide to lock out bargaining unit personnel (Fermi 1992,
Honeywell 2010 and Pilgrim 2012) with little or no warning. Even if negotiations are ongoing
and bargaining unit staff plan to work without a signed agreement, implementation of this
inspection procedure should occur four to six weeks prior to the expiration of the current
contract so that sufficient time exists to resolve any discrepancies that may be identified in the
licensee’s contingency plan. The licensee's contingency plan should be available for immediate
implementation prior to the expiration of the current contract period, and NRC assessment of
that plan should provide confidence of successful implementation, if the plan is required.
Regional staff will monitor and update contract dates for, at least, security personnel, operators,
chemistry staff, maintenance personnel, and radiation protection staff. Regional management
and the resident inspector staff, as appropriate, will determine the need to implement this
procedure.
Issue Date: 05/16/19 4 92709
The general requirements of 10 CFR associated with security, emergency situations, and
operator training and qualification apply to the strike/lockout situation. The primary guidance
available should be in the licensee's emergency and contingency plans.
Specific Guidance
03.01 The licensee's approved strike/lockout provisions are required to be incorporated into
the site emergency and safeguards contingency plans. To evaluate the licensee's strike/lockout
contingency planning, discuss with licensee management the overall impact of the
strike/lockout, including the number and job classifications of potential strikers. Discuss with
licensee management the training and qualification process for personnel who will be
performing duties they are not normally assigned. The inspector should keep abreast of any
contingency plan changes or contingency plans that are approved by the licensee prior to or
during the strike/lockout. The inspector should keep regional management informed of
contingency plans which are not updated in accordance with the current policies and
procedures and which do not meet all of the requirements outlined in 02.01 through 02.10 of this
inspection procedure.
03.02 If the strike/lockout involves security staff at a power reactor site, the inspector should
evaluate changes to the licensee's safeguards contingency plan that have not been reviewed by
the NRC. Physical security inspectors should lead the review of strike contingency plans
involving security staffing. At a power reactor site, resident inspector staff will monitor possible
changes to these plans and coordinate with the physical security inspectors regarding the need
for compensatory measures on a daily basis. Resident inspectors should also inform regional
management of any changes and/or adverse conditions, and assist security inspectors in
assessing the impact.
Non-power reactors having formula quantities of special nuclear material (SNM) are required to
implement 10 CFR Part 73 safeguards contingency strike/lockout provisions only when the SNM
(i.e. fuel) becomes non-self-protecting.
03.03 When evaluating shift staffing, the inspector should determine whether the licensee has
made appropriate provisions to maintain site coverage for licensed operators, and workers in
the areas of radiation protection, chemistry, and engineering. Nuclear power plant licensed
operator control room staffing is discussed in 10 CFR 50.54(m). The inspector should verify
that the licensee has appropriately to conducted requalification training as needed, while
ensuring that work hours remain within the fitness-for-duty requirements outlined in 10 CFR 26.
The inspector should reference IP 93002, “Managing Fatigue,” for additional guidance
associated with work hour requirements. Non-power reactor staffing requirements are
contained in the facility's technical specifications. Fuel facility staffing requirements are
contained in the approved license application.
03.04 Specific requirements are found in the facility's technical specifications and license, and
in the Code of Federal Regulations. Licensee commitments may also be found in the final
safety analysis report (FSAR).
Issue Date: 05/16/19 5 92709
03.05 The portion of the licensee's strike/lockout contingency plans addressing the prestrike/lockout stage should allow sufficient time for licensed and non-licensed personnel to
become proficient in the positions that they will fill during the strike/lockout. The inspector
should use caution, and limit the length of any discussions held with shift personnel so as not to
distract them from their duties.
a. Licensed operators and senior operators must maintain their license in an active status
as specified in 10 CFR 55.53, "Conditions of Licenses." Activities addressed in 10 CFR 50.54, (i) through (m) must be performed by operators licensed under 10 CFR 55.
b. Fuel facility personnel should be proficient in conversion processes, recovery
processes, criticality controls, material controls, accounting controls and other
operations applicable to the facility.
c. It is recommended that inspectors observe just-in-time training scenarios for newly
configured crews on a plant-referenced simulator to verify that individuals are proficient
in their new roles. Inspectors should observe a minimum of one scenario.
03.06. Prior to the strike/lockout, perform the following:
a. The inspectors should review and understand the process used by the licensee to train
non-licensed personnel who will be performing functions they are not normally
assigned.
b. For personnel in the following non-licensed areas, inspectors should gather and review
a range of one to three training records per area and verify these personnel have been
trained in accordance with licensee programs: Fire Brigade, Chemistry Technician,
Health Physics, Maintenance, Security, and Auxiliary Operator.
c. To evaluate the effectiveness of site security, the physical security inspectors should
inspect security station manning and proper implementation of any security
compensatory measures. The inspectors should discuss with plant management any
previous and potential safeguards threats and the plans to counter these threats.
03.07 The principal offsite support agencies to be contacted by the licensee should include
the following:
a. State police.
b. Local law enforcement agency (LLEA).
c. Local fire department and ambulance service (if separate).
d. Local hospitals.
e. State radiological health agency
Issue Date: 05/16/19 6 92709
f. Fuel oil suppliers (inspectors should verify that the licensee has confirmed that
drivers/suppliers will cross picket lines. If drivers/suppliers will not cross picket lines,
then inspectors should verify that other arrangements for obtaining fuel oil are available
and appropriate).
g. All other suppliers, e.g., food vendors or compressed gas/chemical deliveries.
(inspectors should verify that the licensee has confirmed that drivers/suppliers will cross
picket lines. If drivers/suppliers will not cross picket lines, then inspectors should verify
that other arrangements for getting supplies are available and appropriate.)
The LLEA should be prepared to deal with adverse conditions created by aggressive strikers.
Arrangements should have been made between the licensee and the LLEA to resolve
predictable legal or jurisdictional problems.
The inspectors’ vehicles should be well marked and identified to the LLEA and union pickets to
allow for ease of access to the plant. Inspectors should follow regional instructions regarding
use of vehicles at a strike location. Such guidance should include use of government vehicles
and unique labeling for resident inspector staff privately-owned vehicles to ensure that LLEA
and pickets recognize NRC employees. Out-of-state license plates have been used to identify
temporary replacement staff who have been subjected to harassment by picketers.
The inspector should establish a point-of-contact with site union officials to discuss overall
issues and NRC concerns, i.e., unfettered site access. NRC personnel should develop a plan
covering what actions should be taken when access to the site has been impeded or personal
safety has been threatened by picketers. This plan should be briefed to appropriate staff. If the
inspector has noted any difficulty with site access, regional management should be immediately
informed. As determined by NRC management, the inspector or NRC manager should contact
the site union official and clarify expectations regarding NRC access to the facility, including the
use of LLEA escort, if appropriate. The inspector in no way should engage in negotiations
between the union and licensee or act as a mediator.
Inspectors should verify that the licensee has a process in place to inform licensee personnel on
what actions should be taken in the event that their access to the site has been impeded or that
personal safety has been threatened.
03.08 Any changes to emergency response organization (ERO) compliment, by position
number, or response time to staff emergency response facilities, should be compared to the
licensee’s emergency plan and the licensee’s staffing analysis (required by Part 50, Appendix E,
Section IV.A.9) to verify that the licensee will continue to maintain the effectiveness of the
emergency plan as required by 10 CFR 50.54(q)(2). Resident inspectors should contact
regional EP inspectors for guidance in assessing such changes.
The inspectors should review the process used by the licensee to qualify personnel for their
ERO positions during a strike/lockout and verify that it was conducted in accordance with
licensee emergency plan requirements.
Issue Date: 05/16/19 7 92709
03.09 Emergency communication equipment may include telephones, radios,
radiotelephones, and walkie-talkies.
03.10 The employee concerns program coordinator or site ombudsman should have a system
that accounts for the number of open cases and allegations that will determine whether there is
an adverse effect on the safety conscious work environment at a site. Additionally, inspectors
should refer to IP 71152, “Problem Identification and Resolution,” for guidance on reviewing the
safety conscious work environment at a site and on determining whether supplemental
inspection activities are necessary.
92709-04 RESOURCE ESTIMATE
This inspection procedure requires approximately 70-100 hours to complete. If required, an
additional inspector should assist the resident inspector staff with review of strike/lockout
preparations or baseline inspection activities. Physical security inspectors should lead for
strikes/lockouts involving security staff and regional specialist should assist as needed in the
review of contingency plans whenever licensed staff or ERO members are involved to ensure
that sufficient personnel are available to meet license requirements. The resident inspector can
take credit for baseline inspection activities when performing this procedure. If it is anticipated
that the strike/lockout will be extended, support resources should be identified and, if possible, a
site coverage schedule developed in advance of the strike/lockout.
92709-05 REFERENCES
10 CFR 40.31
10 CFR 50.47
10 CFR 55.53
10 CFR 70.22
Issue Date: 05/16/19 8 92709
IP 71152, “Problem Identification and Resolution”
IP 93002, “Managing Fatigue”
RG 5.73, “Fatigue Management for Nuclear Power Plant Personnel”
NEI 06-11, “Managing Personnel Fatigue at Nuclear Power Sites”
Technical Specifications
92709-06 PROCEDURE COMPLETION
Meeting the inspection objectives defined in section 92709-01 of this inspection procedure will
constitute completion of this procedure.
END
Attachment 1: Revision History page
Issue Date: 05/16/19 Att1-1 92709
Attachment 1 - Revision History for IP 92709
Commitment
Tracking
Number
Accession
Number
Issue Date
Change Notice
Description of Change Description of
Training Required
and Completion Date
Comment Resolution
and Closed Feedback
Form Accession
Number (PreDecisional, Non-Public
Information)
08/21/92 Revised to incorporate inspection
requirements from IP 92710, update the
procedure and format, and incorporate minor
editorial changes to improve procedure
applicability for use at a non-power reactor
and fuel facilities.
03/30/05
CN 05-009
Revised to improve the review of various
areas not specified in the procedure and to
establish communication links previously not
specified.
N/A ML12136A174
03/14/14
CN 14-007
Revised to capture lessons learned from
licensee strikes in Region I.
None FBF 92709-1442
ML14071A192
FBF 92709-1729
Issue Date: 05/16/19 Att1-2 92709
Commitment
Tracking
Number
Accession
Number
Issue Date
Change Notice
Description of Change Description of
Training Required
and Completion Date
Comment Resolution
and Closed Feedback
Form Accession
Number (PreDecisional, Non-Public
Information)
NA ML19086A278
05/16/19
CN 19-015
Periodic review of procedure. Responsible
branch reassigned to reflect current
responsibilities and minor grammatical edits
to clarify inspection area. No substantive
revision to this procedure was warranted at
this time.
None
FBF 92709-2204