ML18214A656

Safety Evaluation - Vogtle Electric Generating Plant Units 3 and 4 LAR-18-018

ML18214A656
Person / Time
Site:	Vogtle
Issue date:	08/29/2018
From:	Paul Kallan NRC/NRO/DLSE/LB4
To:	City of Dalton, GA, Georgia Power Co, MEAG Power, Oglethorpe Power Corp, Southern Nuclear Operating Co
KALLAN P/415-2809
References
EPID L-2018-LLA-0168, LAR 18-018
Download: ML18214A656 (11)

Text

SAFETY EVALUATION BY THE OFFICE OF NEW REACTORS RELATED TO AMENDMENT NOS. 141 AND 140 TO COMBINED OPERATING LICENSE NOS. NPF-91 AND NPF-92, RESPECTIVELY SOUTHERN NUCLEAR OPERATING COMPANY, INC.

GEORGIA POWER COMPANY OGLETHORPE POWER CORPORATION MEAG POWER SPVM, LLC MEAG POWER SPVJ, LLC MEAG POWER SPVP, LLC CITY OF DALTON, GEORGIA VOGTLE ELECTRIC GENERATING PLANT, UNITS 3 AND 4 DOCKET NOS.52-025 AND 52-026

1.0 INTRODUCTION

By letter dated June 15, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18166A347), as supplemented by letters dated June 25, 2018, and July 10, 2018 (ADAMS Accession Nos. ML18176A141 and ML18191B272, respectively), the Southern Nuclear Operating Company (SNC) requested that the U.S. Nuclear Regulatory Commission (NRC) amend Vogtle Electric Generating Plant (VEGP) Units 3 and 4, Combined License (COL) Numbers NPF-91 and NPF-92, respectively.

The License Amendment Request (LAR)18-018 requested changes to revise commitments related to the construction fitness-for-duty (FFD) program described in the VEGP Units 3 and 4 Updated Final Safety Analysis Report (UFSAR).

The supplements dated June 25, 2018, and July 10, 2018, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination as published in the Federal Register on June 27, 2018 (FR 83 30199).

2.0 REGULATORY EVALUATION

LAR 18-018 proposed to revise commitments related to the construction FFD program described in the VEGP 3 and 4 UFSAR. The change involves the creation of a new type of FFD Authorization (FFDA) that would allow construction workers temporary access to the construction site pending completion of all pre-access FFD requirements, but prior to assignment to work on safety- or security-related structures, systems, and components (SSCs).

The staff considered the following regulatory requirements in reviewing the proposed LAR:

Title 10 of the Code of Federal Regulations (10 CFR) Part 52, Appendix D,Section VIII.B.5.a allows an applicant or licensee who references this appendix to depart from Tier 2 information, without prior NRC approval, unless the proposed departure involves a change to or departure from Tier 1 information, Tier 2* information, or the TS, or requires a license amendment under paragraphs B.5.b or B.5.c of the section.

Title 10 of the Code of Federal Regulations (10 CFR) Part 26, Fitness-for-Duty Programs, Subpart K, FFD Program for Construction, which requires, in part, the licensee or other entity in 10 CFR 26.3(c) to establish, implement, and maintain an FFD program that meets the requirements of this subpart to apply to the individuals specified in 10 CFR 26.4(f).

10 CFR 26.405(c), Drug testing, states, in part, that individuals identified in section 26.4(f) shall be subject to drug and alcohol testing before assignment to construct safety-or security-related SSCs.

Regulatory Guide (RG) 5.84, Fitness-for-Duty Programs at New Construction Sites, dated November 2014, endorsed Nuclear Energy Institute (NEI) 06-06, Fitness-for-Duty Program Guidance for New Nuclear Plant Construction Sites. This RG describes the methods and procedures the staff considers acceptable when developing FFD Programs at new reactor construction sites.

3.0 TECHNICAL EVALUATION

3.1 Summary of Proposed Changes In Section 1, Summary Description, of Enclosure 1, Request for License Amendment Regarding Changes to Construction Fitness-for-Duty (FFD) Commitments, letter dated June 15, 2018, SNC stated that the exception would modify NEI 06-06 guidance to allow for temporary, pre-assignment access authorization for individuals defined in 10 CFR 26.4(f) who are subject to an FFD program that meets the requirements of 10 CFR Part 26, Subpart K.

The licensee further stated that '[p]re-assignment' means before assignment to construct or direct the construction of safety- or security-related [structures, systems, and components]

SSCs. In Section 2, Detailed Description, SNC specifically requested an amendment to take an exception to the FFD program requirements contained in NEI 06-06 to allow for a Limited FFDA that would authorize access for construction workers pending results of drug testing but prior to being assigned to construct or direct the construction of safety- or security-related SSCs.

3.2 Technical Review and Assessment of Proposed Changes Proposed Change 1 UFSAR Subsection 1.9.1.3, Division 5 Regulatory Guides-Materials and Plant Protection, currently states, in part:

Appendix 1A also provides an evaluation of the degree of conformance with the Division 5 regulatory guide (5.84) related to construction fitness-for-duty (FFD) programs. The VEGP 3 and 4 construction FFD program is described in Section 13.7.

Section 13.7 states that the FFD program is consistent with endorsed NEI 06-06, Revision 6 (April 2013) as endorsed by Regulatory Guide 5.84, Revision 0.

SNC proposed to revise to add the phrase with exceptions as follows:

Appendix 1A also provides an evaluation of the degree of conformance with the Division 5 regulatory guide (5.84) related to construction fitness-for-duty (FFD) programs. The VEGP 3 and 4 construction FFD program is described in Section 13.7.

Section 13.7 states that the FFD program is consistent with endorsed NEI 06-06, Revision 6 (April 2013) as endorsed by Regulatory Guide 5.84, Revision 0, with exceptions.

NRC Staff Assessment and Finding Staff reviewed the propose changes to UFSAR Subsection 1.9.1.3, and found them to be an administrative change correctly reflecting SNCs revision to its commitment. Therefore, the staff finds this change acceptable.

Proposed Change 2 The SNC informed the NRC that it revised, within its authority, UFSAR Section 13.7, Division 5 Regulatory Guides-Materials and Plant Protection, to refer to Appendix 1A for exemptions to NEI 06-06. By letter dated July 10, 2018, Enclosure 4, SNC provided the following underlined and strike-out changes to Sections 13.7 and 13.7.1, respectively, as follows:

13.7 Fitness for Duty The SNC revised paragraphs 13.7 and 13.7.1 by adding the phrase as endorsed by NRC Regulatory Guide 5.84, Revision 0, and the sentence The NRC endorsed NEI 06-06 (Reference 201) and the FFD program subject to Subpart K was revised to reflect the changes.

Additionally, SNC deleted the sentence Prior to issuance of a Combined License, the construction 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.

In paragraph 13.7.1, References, SNC proposed to add Revision 6, April 2013 (ML13093A342) to its referenced document NEI 06-06 and delete its previous Revision 5 dated, August 2009 with ADAMS (ML092430016).

NRC Staff Assessment and Finding Staff reviewed the propose changes to UFSAR Sections 13.7 and 13.7.1, and found them to be administrative changes correctly reflecting SNCs commitment and conducted within their authority. Therefore, the staff finds this change acceptable.

Proposed Change 3 The SNC proposed an entry for RG 5.84 to take exception to NEI 06-06 and add a definition to UFSAR, Appendix 1A, regarding the new term Limited Fitness-for-Duty (FFD) Authorization, and its associated definition, defined as follows:

Limited Fitness-for-Duty (FFD) Authorization (FFDA) as an authorization granted for a limited period of time to potential 10 CFR 26.4(f) workers that have not completed all elements of FFDA for individuals subject to 10 CFR Part 26 Subpart K. Workers granted a Limited FFDA shall be administratively prevented from constructing or directing construction of safety- or security-related structures, systems, and components (SSCs).

NRC Staff Assessment and Finding Staff determined that the proposed change regarding addition to a new term and associated definition to its commitment to NEI 06-06, Revision 6, adequately reflects SNCs proposal to enable individuals temporary access to nonsafety- and nonsecurity-related SSCs for the conduct of construction activities pending SNC receipt and evaluation of drug testing results from a drug testing laboratory. The staff evaluation of the SNC description and considerations associated with a limited period of time and administratively, prevented from constructing or directing the construction of safety- or security-related SSCs is described and evaluated below.

The staff notes that the proposed definition adequately describes Limited FFDA and does not adversely affect any other guidance provided in RG 5.84 or NEI 06-06. Therefore, the staff finds this change acceptable.

Proposed Change 4 SNC proposed to revise its commitment to NEI 06-06, Section 6.2.1, Pre-Assignment, to describe the proposed amendment to allow an individual limited access to the construction site under the conditions specified in NEI 06-06, Section 9.3. Specifically, they desire to add the sentence An individual may be eligible for limited access to the construction site under the conditions specified in Section 9.3.

NRC Staff Assessment and Finding Staff reviewed the proposed change to revise its commitment to NEI 06.06, Section 6.2.1, and found it to be an administrative change aiding the implementation of SNCs proposed amendment. Therefore, the staff finds this change acceptable.

Proposed Change 5 SNC proposed to revise its commitment to NEI 06-06, Section 8, regarding the Reviewing Official, to ensure that the Reviewing Official description of duties and responsibilities includes that associated with Limited FFDA. Specifically, they desire to add the parenthetical (including Limited FFDA).

NRC Staff Assessment and Finding Staff reviewed the proposed change to SNCs commitment to NEI 06.06, Section 8, regarding a change that aids the implementation of SNCs proposed amendment by ensuring that the designated Reviewing Official has within his/her duties and responsibilities the adjudication of Limited FFDA. Therefore, the staff finds this change acceptable.

Proposed Change 6 SNC proposed to revise its commitment to NEI 06-06, Section 9.2, Types of FFDA, by adding a proposed fourth type of FFDA, called Limited FFDA.

NRC Staff Assessment and Finding Staff reviewed the proposed change to the SNC commitment to NEI 06.06, Section 9.2. This is an administrative change aiding the implementation of SNCs proposed amendment. Therefore, the staff finds this change acceptable.

Proposed Change 7 SNC proposed to revise its commitment to NEI 06-06, Section 9.3, Granting FFDA and FFDA Elements, by describing Limited FFDA by adding an introductory paragraph. This paragraph is A construction site entity may grant a Limited FFDA for a period of up to five business days upon successful completion and documentation of the elements specified within Section 9.1, as appropriate, except the requirement for documentation of a passed drug test.

NRC Staff Assessment and Finding The staff reviewed and made a determination that VEGP Units 3 and 4 are in or about to enter a phase of construction when nonsafety- and nonsecurity-related SSCs will be constructed in parallel with safety- and security-related SSCs. During this phase, SNC administrative controls will continue to be relied upon to ensure that construction workers are trained, supervised, directed, and correctly assigned to construction work activities. Independent of these controls, FFD program requirements will continue to be applied to individuals based on the safety or security significance of their roles and responsibilities and security requirements will be implemented to protect, detect, assess, and respond to conditions adverse to public health and safety and the common defense and security as further described below.

The SNC-proposed change enables individuals to be granted temporary, pre-assignment unescorted access to the construction site to construct nonsafety- and nonsecurity-related SSCs for a period not to exceed 5 business days pending licensee receipt of laboratory drug test results. This change is therefore a proposed relaxation to RG 5.84 that SNC committed to in their UFSAR and represents a proposed reduction in FFD program effectiveness. This is a relaxation because NEI 06-06 states that prior to granting FFDA all individuals must

[s]uccessfully pass a pre-assignment drug and alcohol test. To mitigate or address this reduction in FFD program effectiveness, SNC proposed additional administrative controls, maintains its commitment to all other elements in RG 5.84 and NEI 06-06, and continues to implement other regulatory-required programs that provide assurance that (1) construction will be accomplished by individuals who are fit for duty and trustworthy and reliable, as assessed below and (2) safety- and security-related SSCs will be built (i.e., fabricated, erected, integrated, and tested) in a manner that meets applicable regulatory requirements to provide assurance that these SSCs will meet their intended safety or security function prior to reactor plant operation.

As described in earlier in the Technical Evaluation, prior to granting Limited FFDA, and consistent with NEI 06-06, the licensee will complete NEI 06-06, Section 9.1 FFDA elements of:

obtaining a signed consent; verifying identity; and ensuring that the individuals desiring Limited FFDA receive training on the FFD policy, sanction, and FFD program expectations. In addition, SNC stated in the LAR that individuals granted Limited FFDA will be administratively prevented from working on safety- or security-related SSCs by being issued a uniquely designated badge and uniquely identified personal protection equipment. The site access control system will also be used to track these individuals and the site access authorization training program will be updated to reflect Limited FFDA. Supervisors will also be informed of the associated work limitations assigned to individuals granted Limited FFDA. These administrative activities are above that required by 10 CFR Part 26, Subpart K, and apply to a worker population that is not subject to the Subpart K provisions.

The SNC stated in the LAR that an individuals access will be immediately withdrawn should potentially disqualifying information (PDI) be discovered or a positive test result be received from the testing laboratory. Furthermore, the individual is prevented from entering the site, because SNC states in its LAR: [a]ccess to the construction site is limited by fencing and barriers and personnel access is allowed through security-monitored turnstiles, which are activated through the use of the individuals badge. Therefore, for all individuals, SNC maintains positive access control to the construction site and individuals found to have PDI will be immediately removed from the site. Furthermore, the staff notes that instead of the NEI 06-06 guidance, that a 14-day denial of authorization should be administered for a first-time FFD policy violation (such as the identification of PDI determined to be contrary to the SNC FFD policy), SNC has implemented a more stringent 1-year denial of authorization. The staff also reviewed and made a determination that this sanction is more stringent than that required by Subpart K.

The staff reviewed and made a determination that PDI is defined in 10 CFR 26.5 as, in part, information demonstrating that an individual has: (1) violated a licensees or other entitys FFD policy; (2) had authorization denied or terminated unfavorably (at that site or a different NRC-licensed commercial power reactor); (3) used, sold, or possessed illegal drugs; (4) abused legal drugs or alcohol; (5) subverted or attempted to subvert a drug or alcohol testing program; (6) refused to take a drug or alcohol test; (7) been subjected to a plan for substance abuse treatment (except for self-referral); or (8) had legal action or employment action, as defined in this section, taken for alcohol or drug use. As described in NEI 06-06, Section 8, the Reviewing Official evaluates this information and determines whether the individual is fit for duty, and trustworthy and reliable to be afforded unescorted access to the construction site. The staff determined that the SNC review program is above that required by 10 CFR Part 26, Subpart K, and applies to a worker population that is not subject to the Subpart K provisions.

To help ensure that SNC takes action should an FFD-related event occur involving an individual with Limited FFDA and to inform other NRC licensees of commercial power reactors of the individuals performance, SNC stated in its LAR:

Should PDI become known after the worker had completed assigned work on non safety- or non security-related SSCs, the event would be entered into the site Corrective Action Program (CAP), evaluated, and a determination made to required corrective actions. In addition, as required by implementing procedures, necessary entries would be made into the Personnel Access Data System (PADS).

The staff has determined that sharing of FFD-related information with other licensees and resolution of FFD-related occurrences utilizing a CAP is above that required by 10 CFR Part 26, Subpart K, and applies to a worker population that is not subject to the Subpart K provisions.

In the LAR, SNC stated that [t]he proposed changes to the commitments related to NEI 06-06 would allow a construction worker access to the construction site for a period not to exceed five business days pending results of the pre-assignment drug test. Five business days was chosen to allow a reasonable amount of time to obtain and resolve drug testing results. In addition, associated administrative controls would be consistent with 10 CFR 26.65 requirements . . ..

The staff reviewed and made a determination that 10 CFR 26.65(d) enables licensees (who are required or voluntarily to implement Subpart C) to grant authorization to certain individuals if these individuals experienced an interruption of authorization for more than 30 days, but less than 365 days. As such, 10 CFR 26.65 applies to individuals who had already recently been:

(1) determined to be fit for duty and trustworthy and reliable and (2) granted authorization under the provisions detailed in 10 CFR Part 26, Subpart C, Granting and Maintaining Authorization.

Therefore, this population of vetted individuals is not equivalent to the contractor/vendor workforce that SNC would bring onsite to conduct nonsafety- or nonsecurity-related work at VEGP Unit 3 and 4, because they have not been recently vetted pursuant to the authorization requirements in 10 CFR Part 26 or 10 CFR Part 73, Personnel access authorization requirements for nuclear power plants. As a result, the staff does not agree with SNCs position that the comparison is consistent; however, the SNC-proposed 5-business-day control limit is not adverse to public health and safety or the common defense and security based on the following staff assessment.

As described in its LAR, SNC vets individuals prior to the granting of Limited FFDA, administrative controls have been proposed, and, these individuals will not be working on safety- or security-related SSCs. Additionally, to deter and detect substance abuse, all construction workers must pass an alcohol test prior to being afforded Limited FFDA, they are subject to random drug and alcohol testing at a rate greater than or equal to 50 percent, they are subject to behavioral observation, and they may be subject to a for-cause drug and alcohol test due to: observed behavior, a physical condition indicating possible impairment, or credible information that the individual is engaging in substance abuse (see 10 CFR 26.5). These FFD elements not only help provide assurance that individuals can safely and competently perform assigned duties and responsibilities on nonsafety- and nonsecurity-related SSCs, but they contribute to the assurance that the individuals are also trustworthy and reliable. Furthermore, the 5-business-day control limit does not represent a concern because it is a matter of routine (based on operational experience) for U.S. Department of Health and Human Services-certified laboratories1 to complete drug testing and inform licensees, subject to 10 CFR Part 26, of negative drug testing results in 1 to 3 days and positive drug testing results within 5 days of receipt of a urine specimen. Staff finds it is reasonable that SNC will be able to take corrective action to immediately remove an individual from the construction site prior to an adverse condition occurring. Therefore, should an individual, without a drug testing result, be onsite within the 5-day period and cause a SSC failure, the NRC has assurance that the SSC failure would be corrected by SNC.

1 Licensee commitment to RG 5.84, and the associated NEI 06-06, requires SNC to use drug testing laboratories that are certified by the U.S. Department of Health and Human Services.

As mentioned in the preceding paragraph, these individuals are also subject to behavioral observation while on the construction site. The SNC stated in the LAR that their behavioral observation program describes that individuals have a personal responsibility to report FFD concerns about another individuals behavior to any supervisor, manager, or Medical and FFD Services personnel and that a sanction will be applied to the individual if he/she elects not to follow this and other policy statements. The SNC policy also requires individuals to report, before entering the construction site, legal actions taken against the individual. Because the NEI 06-06 definitions of fit for duty and FFDA both contain the provision that individuals be trustworthy and reliable, the staff finds it is reasonable that SNC managers and oversight personnel who implement the behavioral observation program would also question why an individual with Limited FFDA is in certain areas of the construction site when not assigned. The staff reviewed and determined that this SNC process contributes to the assurance that potentially impaired individuals or those indicating characteristics of not being trustworthy and reliable will be identified and removed from the construction site.

The staff has reviewed and determined that SNC maintains its commitment to the NEI 06-06 audit and reporting provisions. In Section 13, Audits, it states that: [c]onstruction site entities who implement an FFD program shall ensure that audits are performed to assure the continuing effectiveness of the FFD program and that FFD programs are audited at a frequency that assures their continuing effectiveness and that corrective actions are taken to resolve any problems identified. In addition, NEI 06-06 requires an audit if performance data indicates an adverse trend that challenges a performance objective listed in 10 CFR 26.23. These performance objectives are that:

1. Individuals are trustworthy and reliable as demonstrated by the avoidance of substance abuse;

2. Individuals are not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way adversely affects their ability to safely and competently perform their duties;

3. Measures are established and implemented for the early detection of individuals who are not fit to perform their duties;

4. The construction site is free from the presence and effects of illegal drugs and alcohol; and,

5. The effects of fatigue and degraded alertness on an individuals ability to safely and competently perform their duties are managed commensurate with maintaining public health and safety.

The staff reviewed and determined that in Section 12, Reporting Responsibilities, it states:

[c]onstruction site entities shall make reports to the NRC Operations Center by telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the entity discovers any intentional act that casts doubt on the integrity of the FFD program and any programmatic failure, degradation, or discovered vulnerability of the FFD program that may permit undetected drug or alcohol use or abuse by individuals who are subject to the FFD program. As a result, the staff finds that although explicit guidance in NEI 06-06 is not provided, it is reasonable that if SNC identifies that their Limited FFDA proposal results in an adverse trend contrary to one or more of the aforementioned performance objectives, that occurrence would be reported to the NRC. And because SNC has been reporting construction-related FFD performance data to the NRC pursuant to Section 12.1, Annual Program Performance Reports for the FFD Program, since 2009 and these reports are required to be retained under Section 11, Records Retention, SNC has the ability to assess historical and current FFD trend information (such as how many individuals granted Limited FFDA subsequently tested positive or subverted the drug test) to ascertain any programmatic degradation. This occurs because SNC is required by its commitment to NEI 06-06 to annually provide NRC Form 891, Annual Reporting Form for Drug and Alcohol Tests. Within this form, and as required by 10 CFR 26.717(b)(8) SNC is to provide management actions associated with program performance. This helps provide assurance that any reduction in program effectiveness caused by the 5-business-day control limit is timely identified and effectively evaluated by the licensee. Furthermore, if individuals with Limited FFDA have performed construction activities on safety- or security-related SSCs, regardless of whether they test positive or not, its reasonable that too would be considered by SNC as a possible program degradation under its corrective action program.

In SNC letter dated June 25, 2018, the staff requested that the licensee provide supplemental information describing how their implementation of current NRC-required programs mitigates the potential that an individual who maintains Limited FFDA will not adversely affected safety- or security-related SSCs. Specifically, SNC stated:

The proposed changes will have no significant adverse impacts on safety and security, because of the defense-in-depth measures SNC has implemented described above. These measures include the use of dedicated individuals to perform and monitor work in the field, the use of fully vetted workers for the construction of safety- and security-related SSCs, and verification of the quality of work in accordance with SNCs quality assurance program. Verification that safety- and security-related SSCs have been constructed in accordance with the design is provided through inspections, tests, analyses, and acceptance criteria (ITAAC). In addition, verification that safety and security-related SSCs will perform their intended function will be provided during pre-operational and start-up testing.

As described in the Technical Evaluation, a graded approach is used in the implementation of FFD program requirements in a manner that provides reasonable assurance that individuals performing activities that are potentially risk significant can safely and competently perform assigned duties and responsibilities. If the licensee elects to transition workers from nonsafety-and nonsecurity-related SSC construction to construction activities associated with safety- and security-related SSCs, then, at a minimum, the Subpart K FFD program for construction is required or the more robust NEI 06-06 or Full FFD programs are required. This provides assurance the individuals are fit for duty and trustworthy and reliable during construction. The defense-in-depth afforded by the quality assurance and ITAAC programs referenced above, provides assurance that SSCs are constructed as designed and can fulfill their intended design function, thereby helping mitigate any potential concern that individuals with Limited FFDA may successfully commit a malevolent act against a safety- or security-related SSC.

The staff also reviewed and made a determination that licensee implementation of 10 CFR Part 73, Physical Protection of Plants and Materials, provides assurance that the physical protection system will have capabilities for the protection of special nuclear material, and that the required safeguards systems will protect against the design basis threat of radiological sabotage and be designed to prevent significant core damage and spent fuel sabotage (10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage). These requirements include, but are not limited to: the cyber security, insider mitigation, and access authorization programs; establishment of protected and vital areas; detection and assessment systems; search programs; and, alarms. These security requirements are required based on the type(s) of radioactive materials on the site, and applied in a graded manner based on the radiological consequences they represent. During construction, these 10 CFR Part 73 programs are required to be in effect prior to these materials being received onsite and would also help mitigate the occurrence of a malevolent act by any individual with access to the construction site.

The staff has reviewed and determined that the proposed change to revise its commitment to NEI 06-06, Section 9.3, SNC administrative controls, SNCs commitment to RG 5.84, and the defense-in-depth afforded by SNC implementation of non-FFD-related NRC requirements provides reasonable assurance that individuals, who have been granted Limited FFDA, will not cause conditions adverse to public health and safety or the common defense and security.

Furthermore, the SNC commitment to NEI 06-06 and its proposed amendment maintains program requirements above that required by 10 CFR Part 26, Subpart K. Therefore, the staff finds this change acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations in 10 CFR 50.91(b)(2), the Georgia State official was notified of the proposed issuance of the amendment on June 28, 2018. The State official had no comment.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes requirements with the FFD program located within the restricted area as defined in 10 CFR Part 20, Standards for Protection Against Radiation. The staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite. Also, there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding (Federal Register, 83 FR 30199, dated June 27, 2018). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Under 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

6.0 CONCLUSION

The staff has concluded, based on the considerations discussed in Section 3.0 that there is reasonable assurance that: (1) the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. Therefore, the staff finds the changes proposed in this license amendment acceptable.

7.0 REFERENCES

1. Request for License Amendment (LAR 18-018): Changes to Construction Fitness-for-Duty (FFD) Commitments, dated June 15, 2018 (ADAMS Accession No. ML18166A347).

2. Request for License Amendment (LAR 18-018S1): Changes to Construction Fitness-for-Duty (FFD) Commitments, dated June 25, 2018 (ADAMS Accession No. ML18176A141)

3. Request for License Amendment (LAR 18-018S2): Changes to Construction Fitness-for-Duty (FFD) Commitments, dated July 10, 2018 (ADAMS Accession No. ML18191B272)

4. Vogtle Electric Generating Plant Units 3 and 4 Updated Final Safety Analysis Report, Revision 6, dated March 12, 2017 (ADAMS Package Accession No. ML17172A218).

5. AP1000 Design Control Document, Revision 19, dated June 13, 2011 (ADAMS Accession No. ML11171A500).

6. Combined License NPF-91 for Vogtle Electric Generating Plant Unit 3, Southern Nuclear Operating Company (ADAMS Accession No. ML14100A106).

7. Combined License NPF-92 for Vogtle Electric Generating Plant Unit 4, Southern Nuclear Operating Company (ADAMS Accession No. ML14100A135).

8. Regulatory Guide (RG) 5.84, Fitness-for-Duty Programs at New Reactor Construction Sites, dated November 2014 (ADAMS Accession No. ML15083A412).

9. Nuclear Energy Institute Fitness-for-Duty Program Guidance for New Nuclear Power Plant Construction Sites, Revision 6, dated April 2013 (ADAMS Accession No. ML13093A342).