ML092881095
| ML092881095 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/2009 |
| From: | Division of Security Policy |
| To: | Nuclear Energy Institute |
| Paul Harris, NRR/PMDA/FMB,301-415-1169 | |
| Shared Package | |
| ML092880812 | List: |
| References | |
| NEI 06-06 | |
| Download: ML092881095 (6) | |
Text
Fitness for Duty Program Implementation Information during Reactor Construction References A. Title 10 of the Code of Federal Regulations (10 CFR) Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, Subpart C, Combined License, Section 52.79(a), Contents of applications; technical information in final safety analysis report.
B. Title 10 of the Code of Federal Regulations (10 CFR) Part 26, Fitness for Duty Programs, Subpart K, FFD Program for Construction.
C. Nuclear Energy Institute (NEI), NEI 06-06, Fitness for Duty Program Guidance for New Reactor Power Plant Construction Sites, revision 5, August 2009. Agencywide Documents Access and Management System (ADAMS), Accession No. ML092430016.
D. Reckley, William D. U.S. Nuclear Regulatory Commission (NRC) letter to Bell, Russell J, NEI, August 16, 2007, ADAMS Accession No. ML072270296.
As described in 10 CFR 26.401 of Reference B, at the licensees or other entitys discretion, a licensee or other entity in § 26.3(c) may establish, implement, and maintain a fitness-for-duty (FFD) program, that meets the requirements of Subpart K (i.e., an FFD program during new reactor construction1) to apply to the individuals specified in § 26.4(f). The individuals in
§ 26.4(f) are persons who are constructing or directing the construction of safety- or security-related structures, systems, and components (SSC).
If a licensee or other entity in § 26.3(c) elects not to implement a Subpart K-based FFD program, either by rule or through implementation of Reference C, the individuals specified in
§ 26.4(f) shall be subject to an FFD program that meets the requirements of 10 CFR Part 26, Subparts A thorough H, N, and O (i.e., an operations FFD program).
Under § 26.401(b), a licensee or other entity as described in § 26.3(c) who intends to implement an FFD program under Subpart K shall submit a description of the FFD program and its implementation as part of the license, permit, or limited work authorization application. The staff provides the following information to inform this application and to summarize and supplement the information provided in References C and D.
1 As applied to FFD programs and as defined in 10 CFR 26.5, constructing or construction activities means the tasks involved in building a nuclear power plant that are performed at the location where the nuclear power plant will be constructed and operated. These tasks include fabricating, erecting, integrating, and testing safety- and security-related SSCs, and the installation of their foundations, including the placement of concrete. See References B and C for additional discussion. Note that there are differences between the § 26.5 definition and that described in the limited work authorization provisions of 10 CFR 50.10(a).
Enclosure
A. If NEI 06-06 (Reference C) is still under review by the NRC staff for endorsement via the Regulatory Guide process and the applicant for a combined license, construction permit or limited work authorization desires to utilize NEI 06-06, then the applicant should indicate in its application that:
(1) NEI 06-06 is under review by the NRC; (2) NEI 06-06, revision {insert no.}, located at Agencywide Documents Access and Management System (ADAMS) Accession No. ML{insert no.}, was used in the development of the construction site FFD program; and, (3) The applicant will review and revise its construction site FFD program as necessary to ensure that it comports with the NRC-endorsed version of NEI 06-06.
If the revision discussed in A.(3) results in substantive changes to the most recent, docketed FFD program description provided by the applicant, the applicant must amend its application to reflect the changes. For example, a substantive change includes, but is not limited to an application referencing an earlier revision than revision 5 for NEI 06-06.
In this case, the application requires updating.
B. If the applicant elects, for example, to use an FFD program (or portion of such a program such as the behavioral observation program) already in use at an operating commercial power reactor, the applicant should:
(1) Indicate the name and docket number of the reference site/licensee; (2) Indicate the title, date, and revision number of the reference program; (3) Describe the portions of the reference program that will not be applied to the construction FFD program and the reason(s) why; and, (4) Describe any substantive differences between the reference program and that which will be implemented at the construction site. For example, a substantive difference is if the reference program is applied to a different group of individuals at the construction site than those performing duties described in 10 CFR 26.4(e), (f), and (g). In addition, a substantive difference is if a less rigorous behavioral observation program or different drug or drug metabolite cutoff levels are implemented at the construction site, than that described in the reference site FFD program.
C. All applicants who reference NEI 06-06 or a reference program should provide site-specific information to clearly and sufficiently describe its FFD program in terms of the scope and level of detail to allow a reasonable assurance finding of acceptability. Site-specific information may include, but is not limited to any condition in which the applicant intends to deviate from or take exception to the guidance provided in NEI 06-06 or as endorsed by the NRC. Examples are provided in the following paragraphs. This level of openness and disclosure will facilitate staff understanding and an effective timely review.
For discussion, an example of the above situation could be if there exists an area within the construction site (as described in References B and C) where 10 CFR 26.4 activities
could appear to be in progress, but are not. For these cases, an FFD program may not be applicable to such facilities/activities, such as:
(1) Receipt inspection, temporary storage, and warehousing of safety- and security-related SSCs at the construction site.
(2) Installation of convenience lighting, plumbing, ventilation, and electrical systems, and fabrication of office areas at the construction site.
(3) Staging of components at the construction site but not in their final in-plant location.
For example, the placement of a component within the power reactor footprint in the general location where that particular component will be subsequently fabricated, erected, integrated, tested, etc.
(4) Persons erecting temporary structures and scaffolds at the construction site.
(5) Persons conducting property maintenance services (e.g., janitorial services) in the immediate vicinity of safety- and security-related SSCs at the construction site.
Similarly, if individuals are performing the activities described in 10 CFR 26.4 off or away from the construction site, but within the owner controlled area, these situations should be fully described including the reason(s) why such a circumstance exists and whether any physical or procedural considerations are being implemented by the licensee/entity/applicant to effectively manage such a special circumstance. An example is the application of the sites FFD program to the individuals: producing concrete to be used for security- and safety-related structures (such as foundations); fabricating systems (such as welding of bullet resistant enclosures or integrating safety-related pre-fabricated modules); and installing components (such as placement of security blast walls and bolting or welding of safety-related pumps and valves).
D. If NEI 06-06 is not endorsed by the NRC and an applicant used NEI 06-06 as its reference document in its application, these applicants must:
(1) Amend their application to provide a full description of their construction FFD program or (2) Reference an FFD program as discussed in paragraph B above.
E. The program description should consider the following implementation milestones.
(1) Before the Start of Construction Licensees and entities must have fully functional FFD programs and procedures/instructions prior to allowing individuals subject to the requirements of 10 CFR Part 26 to construct or direct the construction of a nuclear power plant.
Therefore:
(a) An FFD program (that includes all requirements of 10 CFR Part 26, except Subparts I and K, and at the licensees or other entitys discretion subpart C) will be needed for FFD program personnel who are involved in the day-to-day operations of the FFD program and whose duties require them to have the type of access or perform the duties as described in § 26.4(g)(1) - (5).
(b) An FFD program for new reactor construction (such as a Subpart K program) will be needed for persons constructing or directing the construction of safety- and security-related SSCs (§ 26.4(f)). A licensee can also elect to implement an FFD program that includes all requirements of 10 CFR Part 26, except Subparts I and K, for the individuals listed in 10 CFR 26.4(f).
(c) Licensees must have an FFD program that includes all requirements of 10 CFR Part 26, except Subparts I and K, for all persons performing the activities listed in
§ 26.4(e), such as serving as security personnel required by the NRC; performing quality assurance, quality control, or quality verification activities; implementing a fitness monitoring program; witnessing or determining inspections, tests, and analysis under 10 CFR Part 52; supervising/managing (above 1st line supervisors) the construction of safety- or security-related SSCS; and directing or implementing the access authorization program and those, in part, who have certain access or decision-making authority. For security personnel required by the NRC, this FFD program only applies before the receipt of special nuclear material in the form of fuel assemblies.
(2) For security personnel required by the NRC, no later than the receipt of special nuclear material in the form of fuel assemblies2 Licensees must implement an FFD program that includes all requirements of 10 CFR Part 26, excluding Subpart K, no later than the receipt of special nuclear material in the form of fuel assemblies, for security personnel who are required by the NRC
(§ 26.4(e)(1)). Note that if an entity is not in receipt of fuel assemblies prior to when the Commission makes its § 52.103(g) finding or the establishment of a protected area, then security personnel would be subject to paragraph (1)(c) above until the licensee or other entity reaches the milestone in paragraph (3) below.
(3) Prior to the earlier of when the Commission makes its § 52.103(g) finding, the licensees receipt of fuel assemblies on site, or when the protected area is established For this milestone, licensees must implement an FFD program that includes all requirements, except Subpart K, for all personnel who are performing the duties described in § 26.4(a)(1)-(5). In summary, these duties include: operating or directing the operation of safety-significant systems or components; performing health physicists or chemistry duties as a member of the onsite emergency response organization minimum shift complement; performing the duties of a fire brigade member who is responsible for understanding the effects of a fire and fire suppressants on safe shutdown capability; performing maintenance or onsite directing of the maintenance of safety-significant SSCs; or performing security duties as security personnel.
2 Each licensee who possesses, stores, or uses special nuclear material of low strategic significance (e.g., new or un-irradiated fuel assemblies) at a fixed site or contiguous sites, except those who are licensed to operate a nuclear power reactor pursuant to 10 CFR Part 50, shall implement the requirements of § 73.67(f) and (g).
Licensees must implement an FFD program that meets all requirements of 10 CFR Part 26, except §§ 26.205 through 26.209 and subpart K, for all personnel who are granted unescorted access to the protected areas by the licensees in § 26.3(a) and, as applicable, § 26.3(c) and who do not perform the duties described in § 26.4(a).
(4) Prior to the conduct of the first full-participation emergency preparedness exercise under 10 CFR Part 50, App. E, Section F.2.a Licensees must implement an FFD program that includes all requirements of 10 CFR Part 26, except §§ 26.205 through 26.209 and subpart K, for all persons who are required by a licensee in § 26.3(a) and, as applicable, § 26.3(c) to physically report to the licensees TSC or EOF by licensee emergency plans and procedures.
F. The staff provides the following example illustrating paragraphs A-E above.
FITNESS FOR DUTY The Fitness for Duty Program (FFD) is implemented and maintained in multiple and progressive phases dependent on the activities, duties, or access afforded to certain individuals at the construction site. In general, two different FFD programs will be implemented: a construction FFD program and an operation FFD program. The construction and operation phase programs are illustrated in Table {insert no.}.
The construction FFD program is consistent with NEI 06-06 (Reference {insert no.}).
NEI 06-06 applies to persons constructing or directing the construction of safety- and security-related structures, systems, or components performed onsite where the new reactor will be installed and operated. Management and oversight personnel, as further described in NEI 06-06, and security personnel prior to the receipt of special nuclear material in the form of fuel assemblies (with certain exceptions) will be subject to the operations FFD program that meets the requirements of 10 CFR Part 26, Subparts A through H, N, and O. Following the receipt of special nuclear material onsite in the form of fuel assemblies, security personnel as described in 10 CFR 26.4(a)(5) will meet the requirements of an operations FFD program. Prior to issuance of a Combined License, the FFD program at a new reactor construction site for those subject to Subpart K will be reviewed and revised as necessary should substantial revisions occur to either NEI 06-06 following NRC endorsement or the requirements of 10 CFR Part 26.
The operations phase FFD program is consistent with all applicable subparts of 10 CFR Part 26.
The following site-specific information is provided:
Table {insert no.} Milestones Program Source FSAR Item Program Title Milestone Requirements (required by) Section FFD Program for 10 CFR Part 26, Prior to initiating 10 CFR Construction (workers Subpart K, or 10 CFR 1 10 CFR 26.4(f) 13.7 Part 26 construction and first-line Part 26, Subparts A-H, activities supervisors) N, and O FFD Program for Prior to initiating 10 CFR 10 CFR Part 26, Construction 2 10 CFR 26.4(e) 13.7 Part 26 construction Subparts A-H, N, and (management and activities O oversight personnel) 10 CFR Part 26, 10 CFR Prior to fuel assemblies Subparts A-H, N, and 26.4(e)(1) being received on site O
Prior to the earlier of:
FFD Program for 3 13.7 A. Licensees receipt of Security Personnel fuel assemblies onsite or 10 CFR 10 CFR Part 26, 26.4(a)(5) B. Establishment of a Subparts A-I, N, and O protected area or C. The 10 CFR 52.103(g) finding Prior to initiating 10 CFR 10 CFR Part 26, FFD Program for FFD 4 10 CFR 26.4(g) 13.7 Part 26 construction Subparts A, B, D-H, N, Program Personnel activities O, and possibly C Prior to the conduct of the FFD Program for first full-participation 10 CFR Part 26, persons required to emergency preparedness Subparts A-I, N, and O, 5 10 CFR 26.4(c) 13.7 physically report to the exercise under 10 CFR except for §§ 26.205-TSC or EOF Part 50, App. E, Section 209 F.2.a Prior to the earlier of:
A. Licensees receipt of 10 CFR Part 26, fuel assemblies onsite or Subparts A-I, N, and O, FFD Program for 10 CFR 26.4(a) except for individuals 6 13.7 Operation and (b) B. Establishment of a listed in § 26.4(b), who protected area or are not subject to
§§ 26.205-209 C. The 10 CFR 52.103(g) finding
13.7.___, REFERENCES Nuclear Energy Institute (NEI) NEI 06-06, Fitness for Duty Program Guidance for New Reactor Power Plant Construction Sites, revision ___, [month year] (ML_________).
Fitness for Duty Program for [nuclear plant facility], [name of licensee], revision ___, [month year].