ML103370503
| ML103370503 | |
| Person / Time | |
|---|---|
| Issue date: | 12/14/2010 |
| From: | Borchardt R NRC/EDO, Office of Nuclear Reactor Regulation |
| To: | Pietrangelo A Nuclear Energy Institute |
| Ashley M, NRR/DIRS, 415-1073 | |
| Shared Package | |
| ML103420016 | List: |
| References | |
| EDATS: EDO-2010-0861, G20100609 | |
| Download: ML103370503 (3) | |
Text
December 14, 2010 Mr. Anthony R. Pietrangelo Senior Vice President and Chief Nuclear Officer Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708
Dear Mr. Pietrangelo:
This letter is in response to your request dated September 23, 2010, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102710208), that the U.S. Nuclear Regulatory Commission (NRC) exercise enforcement discretion from the minimum-days-off (MDO) provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 26, Fitness for Duty Programs, Subpart I, Managing Fatigue. Specifically, you asked that the NRC exercise enforcement discretion from the requirements of 10 CFR 26.205(d)(3), (4), (5), and (6) provided that licensees conduct a review, like that in 10 CFR 26.205(e)(1)(i), on a quarterly basis. You asked that the enforcement discretion remain in effect until such time as we disposition your petition to amend 10 CFR Part 26 (ADAMS Accession No. ML102590440). To support your request for enforcement discretion, you identified several outcomes resulting from Subpart I implementation that you characterized as unintended consequences.
The NRC held a public meeting on November 18, 2010, to better understand your request. The NRC asked the industry to provide additional information on how the implementation of MDO requirements brought about the consequences you described, the impact of those consequences on safety or security, the extent of the condition, and how the elimination of the MDO requirements would eliminate the consequences but still achieve the objective of managing cumulative fatigue. Insights developed by the NRC as a result of the November 18 meeting include a better understanding of the administrative burden incurred by a licensee in scheduling staff to meet the requirements of 10 CFR Part 26. Additionally, the NRC staff understands the examples you provided to illustrate your characterization of the rule as rigid and complex. The NRC also noted that, while you acknowledge that the implementation of MDO requirements has achieved its goal of ensuring that workers are provided with adequate rest periods, it also has had undesirable consequences in terms of an ability to continue practices you consider beneficial to promote consistency among work crews and the continued development of staff.
Based on the information referenced in your letter and identified at the public meeting, the staff concludes that exercising enforcement discretion related to MDO provisions of the existing rule may be appropriate. The staff plans to hold a public meeting on January 6, 2011, to further evaluate your request.
A. Pietrangelo The results of this meeting will serve as the basis of our recommendation to the Commission on a path forward to address your request for enforcement discretion related to 10 CFR Part 26, Subpart I.
Sincerely,
/RA by Martin J. Virgilio for/
R. W. Borchardt Executive Director for Operations
A. Pietrangelo The results of this meeting will serve as the basis of our recommendation to the Commission on a path forward to address your request for enforcement discretion related to 10 CFR Part 26, Subpart I.
Sincerely,
/RA by Martin J. Virgilio for/
R. W. Borchardt Executive Director for Operations DISTRIBUTION: G20100609/EDATS: OEDO-2010-0861 RidsNrrMailCenter RidsOeMailCenter RidsFsmeMailCenter RidsEdoMailCenter RidsNsirMailCenter RidsNmssMailCenter RidsOgcMailCenter ADAMS ACCESSION NOs.:
Incoming: ML102710208 Response: ML103370503 Package: ML103420016
- via email OFFICE Tech Ed*
NRR:DIRS NRR:DIRS OGC NSIR OE:D NRR:D EDO NAME KAzariah-Kribbs M Ashley FBrown CSafford RCorreia RZimmerman ELeeds (TMcGinty for)
RBorchardt (MVirgilio for)
DATE 12/02/10 12/03/10 12/07/10 12/07/10 12/05/10 12/03/10 12/10/10 12/14/10 OFFICIAL RECORD COPY