ML18298A056

COL Docs - SNC Draft Request for Exemption Part 26 Visitor Access Requirements

ML18298A056
Person / Time
Site:	Vogtle
Issue date:	10/25/2018
From:	NRC
To:	NRC/NRO/DLSE/LB4
References
Download: ML18298A056 (25)

Text

1 Vogtle PEmails From:

Hoellman, Jordan Sent:

Thursday, October 25, 2018 6:37 AM To:

Vogtle PEmails

Subject:

SNC draft Request for Exemption RE: Part 26 Visitor Access Requirements Attachments:

ND-18-XXXX_Part 26 Visitor Exemption Draft.pdf Attached is the draft Exemption Request RE: Part 26 Visitor Access Requirements for the Nov. 1 public meeting. The attachment does not contain any SUNSI.

Jordan Hoellman Project Manager NRO / DLSE / LB4 U.S. Nuclear Regulatory Commission office: OWFN 08-C18 phone: (301) 415-5481 email: Jordan.Hoellman2@nrc.gov

Hearing Identifier:

Vogtle_COL_Docs_Public Email Number:

380 Mail Envelope Properties (SN6PR0901MB2366676BF49AD308B0242F01D5F70)

Subject:

SNC draft Request for Exemption RE: Part 26 Visitor Access Requirements Sent Date:

10/25/2018 6:36:30 AM Received Date:

10/25/2018 6:36:39 AM From:

Hoellman, Jordan Created By:

Jordan.Hoellman2@nrc.gov Recipients:

"Vogtle PEmails" <Vogtle.PEmails@nrc.gov>

Tracking Status: None Post Office:

SN6PR0901MB2366.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 398 10/25/2018 6:36:39 AM ND-18-XXXX_Part 26 Visitor Exemption Draft.pdf 982077 Options Priority:

Standard Return Notification:

No Reply Requested:

No Sensitivity:

Normal Expiration Date:

Recipients Received:

B. H. Whitley Southern Nuclear Director Operating Company, Inc.

Regulatory Affairs 3535 Colonnade Parkway Birmingham, AL 35243 Tel 205.992.7079

[DATE]

Docket Nos.:

52-025 ND-18-XXXX 52-026 10 CFR 26.9 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Southern Nuclear Operating Company Vogtle Electric Generating Plant Units 3 and 4 Request for Exemption:

Part 26 Visitor Access Requirements Ladies and Gentlemen:

In accordance with the provisions of 10 CFR 26.9, Specific Exemptions, Southern Nuclear Operating Company (SNC) requests an exemption from the requirements of 10 CFR 26.4(f). 10 CFR 26.4(f) requires individuals who construct or direct the construction of safety-or security-related structures, systems, and components (SSCs) to be subject to a fitness-for-duty (FFD) program that meets 10 CFR Part 26, Subpart K, requirements. The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety-or security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26.

The exemption is necessary because SNC expects to require the use of numerous technical and vendor experts to provide direction,expertise, and oversight during the inspection and testing phases of the project. Because many of the inspections and tests will occur before Vogtle Electric Generating Plant (VEGP) 3 and 4 enter the operating phase following the 10 CFR 52.103(g) finding, individuals who are needed for a short period of time (fourteen days or less in a thirty day period) to support the successful completion of an inspection or test are required to be subject to a 10 CFR Part 26, Subpart K, FFD program. These individuals would be allowed to come onsite under an escort following the 10 CFR 52.103(g) finding. Requiring such individuals to be subject to a 10 CFR Part 26, Subpart K, FFD program, prior to the 10 CFR 52.103(g) finding, is costly and an unnecessary burden.

SNC requests termination of this exemption after the Commission makes its finding under 10 CFR 52.103(g) for VEGP for each unit.

The exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. provides the background and supporting basis for the requested exemption. is a reviewers aid that identifies the changes that will be implemented to incorporate the approved exemption into the VEGP 3 and 4 licensing documents. These changes are DRAFT ting Company ing Co Plant Units 3 and 4 Plant Units 3 and 4 Exemption mption:

ccess Requirements equirements AF of 10 CFR 0 CFR 26.9 26.9, Specific Sp Exemption Exempti ests an exemption from the requiremen xemption from the requiremen ls who construct or direct the construc truct or direct the constru and components (SSCs) to be subje nts (SSCs) to be subje FR Part 26, Subpart K, requirements. T FR Part 26, Subpart K, requ hnical hnical and vendor and vend experts to construct rts to SSCs for a limited period of time as a SSCs for a limited period of time D requirements of 10 CFR Part 26.

D requirements of 10 CFR Part 26.

on is necessary because SNC expects necessary because SNC expects perts to prov rovide direction ide direct

,expertise tise, an an of the project. Because many of the ins of the project. Because erating Plant (

erating Plant (VEGP VE

) 3 and 4 enter th 3 and ding, individuals ding, individuals who are needed for a s who are needed period period) to support the successful comp

) to support the successful com a 10 CFR Part 26, Subpart K, FFD p a 10 CFR Part 26, Subpart K, FFD p under an escort following the 10 C under an escort following th a 10 CFR Part 26, Subpart a 10 CFR Part 26, Subp an an unne unnecessary burden burde uests terminatio uests terminatio r VEGP r VEGP f

U.S. Nuclear Regulatory Commission ND-18-XXXX Page 2 of 4 expected to be incorporated through the use of a non-license amendment request change process.

This letter contains no regulatory commitments. This letter has been reviewed and determined not to contain security related information.

SNC requests NRC staff approval of the exemption by [DATE], to support inspection and testing activities.

Delayed approval of this exemption could result in unnecessary delays of critical inspection and testing activities. SNC expects to implement this proposed exemption within 30 days of approval.

Should you have any questions, please contact Corey Thomas at (205) 992-5221.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the [Day] of

[Month Year].

Respectfully submitted, Brian H. Whitley Director, Regulatory Affairs Southern Nuclear Operating Company Enclosures

1) Vogtle Electric Generating Plant (VEGP) Units 3 and 4 - Exemption Request:

Part 26 Visitor Access Requirements

2) Vogtle Electric Generating Plant (VEGP) Units 3 and 4 - Reviewers Aid:

Licensing Document Changes Supporting the Exemption Request DRAFT inspection an inspec cessary delays of cessary oposed oposed exemption exem withi as as at (205) 992 t (

-52211.

T ue and correct.

ue and Executed on the he y

[Day Affairs Affairs Operating Company Operating Company res

1) Vogtle Electric Generating P tle Elect Part 26 Pa Visitor Access Re Visitor

2) Vogtle Electric Gene Vogtle Electric Gen Licensing Docume censing Docume

U.S. Nuclear Regulatory Commission ND-18-XXXX Page 3 of 4 cc:

Admin: Use Distribution for 2 Enclosures which do not contain SUNSI information.

DRAFTT

Southern Nuclear Operating Company ND-18-XXXX Vogtle Electric Generating Plant (VEGP) Units 3 and 4 Request for Exemption Part 26 Visitor Access Requirements (This Enclosure consists of [XX] pages, including this cover page)

DRAFT g Plant (VEGP) Units 3 and 4 (VEGP) Units Request for est f Exemption Exemption Part 26 Visitor Access Requirements Access Requirements

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 2 of 14 Table of Contents 1.

PURPOSE 2.

BACKGROUND 3.

TECHNICAL JUSTIFICATION OF ACCEPTABILITY 4.

JUSTIFICATION FOR EXEMPTION 4.1 Authorized by Law 4.2 Will not Endanger Life or Property or the Common Defense and Security 4.3 In the Public Interest 5.

RISK ASSESSMENT 6.

PRECEDENT EXEMPTIONS 7.

SIGNIFICANT HAZARDS DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS 8.

CONCLUSION 9.

REFERENCES DRAFT mmon Defense and mmon D Security ETERMINATION AND ENVIRONMENT RMINATION AND ENVIRONME

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 3 of 14 1.

PURPOSE In accordance with the provisions of 10 CFR 26.9, Specific Exemptions, Southern Nuclear Operating Company (SNC) requests an exemption from the requirements of 10 CFR 26.4(f). 10 CFR 26.4(f) requires individuals who construct or direct the construction of safety-or security-related structures, systems, and components (SSCs) to be subject to a fitness-for-duty (FFD) program that meets 10 CFR Part 26, Subpart K, requirements. The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety-or security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part

26. The definitions for a construction escort and construction visitor are provided below:

Construction Escort - An individual subject to the construction FFD program assigned to escort and observe a construction worker engaged in constructing or directing construction of a safety-or security-related SSC and is not subject to the construction FFD program.

Construction Visitor - An individual determined by the construction entity to have expertise needed to support the construction or supervision of construction of a safety-or security-related SSC for fourteen days or less in a thirty day period and authorized by a first line supervisor or greater, but who is not subject to the construction FFD program.

The exemption is necessary because SNC expects to require the use of numerous technical and vendor experts to provide direction, expertise, and oversight during the inspection and testing phases of the project. Because many of the inspections and tests will occur before Vogtle Electric Generating Plant (VEGP) 3 and 4 enter the operating phase following the 10 CFR 52.103(g) finding, individuals who are needed for a short period of time (fourteen days or less in a thirty day period) to support the successful completion of an inspection or test are required to be subject to a 10 CFR Part 26, Subpart K, FFD program. These individuals would be allowed to come onsite as a construction visitor under an escort following the 10 CFR 52.103(g) finding. Requiring such individuals to be subject to a 10 CFR Part 26, Subpart K, FFD program, prior to the 10 CFR 52.103(g) finding, is costly and an unnecessary burden. Reviews of safeguards design information is not in the scope of this exemption request as these badging requirements are implemented in accordance with 10 CFR 73.57.

2.

BACKGROUND 10 CFR 26.4(f) establishes the category of worker that is subject to the FFD program requirements of Subpart K, unless the licensee subjects these individuals to an FFD program that meets all of the requirements of Part 26, except for subparts I and K. 10 CFR 26.4(f), in part, requires that any individual who is constructing or directing the construction of safety-or security-related SSCs shall be subject to an FFD program that DRAFT ements emen ect the const ect the (SSCs)

(SSCs to be subje ubpart K, requirements.

ubpart K, req and vendor nd ven experts to construc experts SCs SC for a limited period of time as for a limited period he FFD requirements of 10 CFR Part he FFD requirements of 10 CF construction visitor are provided below construction visitor are provided belo ct ct to the construction FFD program ass to the construction FFD program ass orker engaged in constructing or direct er engaged in cons related SSC and is not subject to the co SSC and is not idual determined by the construction e idual determined by the cons rt the construction or supervision of con he construction or supervision o or fourteen days rteen days or less in a thirty day or less in a thirty day or or greater ter, but who is not subject to t

, but who is not subject to t s necessary because SNC expects t s necessary because SNC vendor e vendo xperts to provide direction perts to provide di and testing phases of the project. Beca and testing phases of the project.

ur before Vogtle Electric Generating P r before Vogtle Electric Generating P e following owing the 10 CFR 52.103(g) find the 10 CFR 52.103(g) find eriod of time (

e (fourteen fourteen days or less ini completion of an inspection or test are completion of an inspect K, FFD program.

K, FFD program These individua hese in visitor under an escort following er an escort followin to be subject to a 10 CFR Par o a 10 CFR Par finding, is costly and an un y and is not in the scope o is not in the scop implemented in acco implemented in acc GRO GRO

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 4 of 14 meets the requirements of Subpart K. 10 CFR 26.405(c)(1) states that individuals identified in 10 CFR 26.4(f) shall be subject to drug and alcohol testing pre-assignment; i.e., Before assignment to construct or direct the construction of safety-or security-related SSCs. 10 CFR Part 26.401(b) requires that licensees who implement an FFD program under Subpart K submit a description of the FFD program and its implementation as part of the license application. The VEGP 3 and 4 FFD program description was submitted and approved as part of the combined license (COL) application and is described in Updated Final Safety Analysis Report (UFSAR) Section 13.7, Fitness for Duty. UFSAR Section 13.7 states that the construction FFD program is consistent with the Nuclear Energy Institute (NEI) guidance document, NEI 06-06, Fitness for Duty Program Guidance for New Nuclear Power Plant Construction Sites, Revision 6 (April 2013), which is endorsed by Regulatory Guide (RG) 5.84, Revision 0.

During the development of NEI 06-06, the industry submitted a draft of NEI 06-06 (Revision 6, May 2012 version) that contained provisions which addressed the use of visitors. Specifically, the guidance stated, The construction site entity may permit individuals onto the construction site as visitors. An individual designated as a visitor may be any individual the construction site entity determines to have a need to enter the construction site for a period of up to fourteen continuous days or less. An individual in a visitor status is not required to meet the provisions of 10 CFR 26 but, must be clearly identifiable as a visitor and escorted by a construction site entity designated individual subject to the construction site entitys FFD program. If the needs of the individual exceed the fourteen continuous days, then the individual must meet the appropriate section of 10 CFR 26. However, during the NRC review of NEI 06-06, Revision 6 (May 2012) [ADAMS Accession Number ML13039A117], the staff provided a comment that requested the provisions regarding visitors be removed. The NRC agreed that the concept of escorting visitors at construction sites is warranted; however it could not support this option in NEI 06-06 given 10 CFR 26.401(a) which states, in part, that the requirements of Subpart K shall be applied to the individuals specified in Section 26.4(f)..

During the operations phase [post-103(g)], requirements for visitors are defined in 10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage. Specifically, 10 CFR 73.55(g)(7) permits individuals access to protected and vital areas who have not been granted unescorted access in accordance with the requirements of 10 CFR 73.56 and 10 CFR Part 26 provided the requirements of 10 CFR 73.55(g)(7), are met. Standard operating practice in operating plants is to allow escorted visitor access to protected and vital areas to work on safety-related SSCs for a limited period of time (typically not to exceed fourteen continuous days).

The Statements of Consideration for the 2009 Security Rule change note that the NRC considered changes to the rules related to visitors; however, based on an observation that licensee-escorted access programs have been in place for years without incident, the DRAFT or s or s ent an FF ent an implementatio implem description was subm descriptio plication and is described plication and i 13.7, 3.7, Fitness for Duty s for Du. UFSAR ram is consistent with ram is consistent with the Nuclear the 06, 06, Fitness for Duty Program Guidanc Fitness for Duty Program Guid e

Sites Sites, Revision 6 (April 2013), which Revision 6 (April 2013), which evision 0.

evision

, the industry submitted a draft of N industry submit contained provisions which addresse provisions nce stated, The construction site en nce stated, The constru on site as visitors. An individual desi n site as visitors. An individu onstruction site entity determines to hav uction site entity determines to h iod of up to to fourteen fourteen continuous days o continuous days o quired to meet the provisions of 10 C et the provisions of 10 C sitor and escorted by a construction s sitor and escorted by a con nstruction site entitys FFD program.

nstruction site entitys FFD p If continuous days, then the individual mu continuous days, then the individ However, during the NRC review of NE However, during the NRC review of ion Number ML13039A117], the n Number ML13039A117], the staff staff isions regarding visitors be removed egarding visitors be removed. T

. T sitors at construction sites is truction s warrante 06 06-06 given 10 CFR 26.401(a) w 06 given 10 CFR 26.4 hich shall be applied to the individuals shall be applied to the individ During the operations phase erations phase [

73.55, Requirements for ph ment against radiological sabo against radiological to protected and vital to protected and vit with the requireme with the requirem CFR 73.55(

CFR 73.55(

ed vis ed vis

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 5 of 14 NRC chose not to modify the rules regarding escorted visitors1. The Statements of Consideration for the Part 262 Rule that incorporated Subpart K into Part 26 state in part, Therefore, the Subpart K requirements provide a licensee or other entity listed in § 26.3(c) of the final rule greater flexibility in implementing FFD programs for construction than the rule permits for FFD programs at operating plants.

Thus, SNC is requesting a limited exemption from 10 CFR 26.4(f) to exclude escorted visitors who perform work for fourteen days or less in a thirty day period from the requirement to be subject to 10 CFR Part 26 Subpart K.

To implement the exemption, an exception to the current commitment to NEI 06-06 would be modified to allow escorted visitors who perform work for fourteen days or less in a thirty day period to the construction site and to allow the escorted visitors to work on security-and safety-related SSCs. Access control administrative procedures would be modified to control visitors by means meeting the intent of 10 CFR 73.55(g)(7)(i)(A-F). Escorts would be trained and controlled by means meeting the intent of 10 CFR 73.55(g)(8).

Changes to VEGP 3 and 4 licensing documents are depicted in Enclosure 2.

3.

TECHNICAL JUSTIFICATION OF ACCEPTABILITY The underlying purpose of 10 CFR Part 26, Subpart K, is to meet the performance objectives of 10 CFR 26.23. As outlined in NEI 06-06, Subsection 5.1.1, the stated objectives are:

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.

Under the proposed exemption, responsibility for adherence to the construction FFD program for the construction visitor would be assigned to the construction escort who would be subject to the construction FFD program; trained on the duties of a construction 1 Federal Register (FR) Vol. 74, N0. 58/Friday, March 27, 2009 Page 13931 2 Federal Register (FR) Vol. 73, No. 62/Monday, March 31, 2008 Page 16996 DRAFT lis lis construct constru 26.4(f) to 26.4(f) to exclude e

esc a thirty day period a thirty day per from th rrent commitment to NEI 06 rrent commitment to NEI 06-06 would 6

m work for m work fourteen days or less in a thi s in a th w the escorted visitors w the escorted visito to work on sec ec administrative procedures would be mo ministrative procedu ntent of 10 CFR 73.55(g)(7) 0 CFR 73.55(

(i)(A-F). Es meeting the intent of tent of 10 CFR 73.55(g)(

1 sing documents are depicted in Enclos sing documents are depicted i ON OF ACCEPTABILITY F ACCEPTABILIT se of 10 CFR Part 26, Subpart K, is R Part 26, Subpart K, is FR 26.

FR 26.23 2. As outlined in NEI 06 utlined in

-06, 6

duals are trustworthy and reliable as duals are trustworthy and relia bstance abuse; bstanc Individuals are not under the influenc viduals are not under the influenc or physically impaired from any c sically impaired from any c ability to safely and competent ability to safely a

3. Measures are established Measures are establ who are not fit to perfor are not fit to perfo

4. The construction s nstru alcohol; and, and 5.

5. The effects effects and com and com mainta mainta

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 6 of 14 escort; trained on behavior observation techniques; and would be generally knowledgeable of the construction visitors assigned duties.

Requirements for control of construction visitors and construction escorts would be based on requirements for visitors and escorts at an operating facility that meet the applicable intent of 10 CFR 73.55(g)(7)(i)(A-F), which provides requirements for the control of visitors. To provide controls for the proposed use of escorted visitors at the VEGP 3 and 4 construction site, an additional exception to the UFSAR, Appendix 1A, entry for RG 5.84 compliance would be implemented. The new controls will provide provisions that:

x Implement procedure requirements for processing, escorting, and controlling construction visitors:

o Confirmation of identity o

Checking against industry databases for denied access o

Maintenance of a visitor control register o

Issuance of a visitor badge o

Requirement that all construction visitors be escorted within the construction site o

Authorization by a first line supervisor or greater that the construction visitor(s) have expertise needed to support the construction or supervision of construction of a safety-or security-related SSC x

Implement procedures for training and controlling construction escorts:

o Require escorts to hold a FFDA for the construction site o

Require understanding of responsibilities to perform escort duties o

Require general knowledge of the construction activities to be performed by the construction visitor Construction Site (CCA) escorts will be badged as an FFDA and meet one of the following :

x Red Badged which meets the requirements of 10 CFR 26 Sections A-H, and N&O, or x

Any individual vetted under SNCs Fleet Unescorted Access Authorization process, that has met all 10 CFR 26 and 10 CFR 73 related requirements for an operational site (Vogtle 1&2, Hatch, and/or Farley), and has been verified and issued an FFDA equivalency Red Badge to the construction site.

An additional exception to NEI 06-06 would be taken to define a construction visitor and a construction escort and to clarify that the construction FFD program does not apply to escorted construction visitors. Also, UFSAR Section 13.7, Fitness for Duty, would be revised to clarify that control of construction visitors and construction escorts would be outlined in the exceptions to NEI 06-06 defined in UFSAR Appendix 1A. The proposed changes to the UFSAR would be made under a licensing document change that would not require NRC review and approval, because the change would be based in its entirety DRAFT rts wo rts wo at meet the at meet ments for the co ments visitors at the VEGP 3 visitors at Appendi Append x 1A, entry for RG 5.8 1A, entr will will provide provisions that rovide provisions th ing, escorting, and controlling ing, escorting, and controlling ases for denied access ses for denied acces rol register ister nstruction visitors be escorted within the s be esc first line supervisor or greater that the c st line supervisor or greater that xpertise needed to support the construc e needed to support the constru of a safety-or security or security-related SSC related SSC edures for training and controlling cons edures for training and controlling cons re escorts to hold a FFDA for the const escorts to hold a FFDA fo quir quire understanding of responsibilities understanding of respon Require general knowledge of the cons Require general knowledge of the the construction visitor the construction vis onstruction Site (CCA) escorts uction Site (CCA) escorts will be will be following :

x Red Badged Red Badged which w

meets N&O N&O, or x

Any individual vett ny individual vett process, that ha

cess, an operationa pera and issued d issu An additional exc n additional exc struction e struction e ed co ed co

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 7 of 14 upon the approved exemption. Markups of the planned revisions to the UFSAR are provided in Enclosure 2 as a reviewers aid.

The overall performance objectives of 10 CFR 26.23 would continue to be met because, the SNC FFD program adheres to NEI 06-06, Revision 6 (April 2013), which provides reasonable assurance that the stated objectives of 10 CFR 26.23 are met. The SNC organization and implementing procedures are designed and implemented to provide assurance that guidance contained in NEI 06-06 is met. The site construction security and emergency preparedness manager is responsible for construction site access authorization programs and is functionally aligned with SNC corporate FFD management for administration of the details of the FFD program, (Reference Nuclear Development Quality Assurance Manual (NDQAM), Version 18.0) [ADAMS Accession Number ML18079A532]. SNC is also responsible for administration of site access and FFD programs for contractor/vendor (C/V) construction workers subject to Part 26 requirements. Additional details of the site access authorization and FFD programs which align with Part 26 performance objectives are provided below.

The SNC Construction FFD Policy Statement is a comprehensive policy statement that describes the purpose, applicability, responsibilities, and actions required of the SNC FFD program. The policy statement states that all employees and subcontractors with unescorted access authorization to the Vogtle 3 and 4 construction site are expected to be reliable, trustworthy, fit for duty, free from the influences of any substance, legal or illegal, and neither mentally nor physically impaired from any cause which in any way might adversely affect their ability to safely and competently perform their duties. The policy statement prohibits the use, sale, purchase, transfer, dispense, distribution, manufacture or possession of illegal drugs on or off Company time or property; the unauthorized possession, sale, or use of controlled substances on or off Company time or property; and the abuse/misuse of prescription or non-prescription drugs on or off Company time or property. The policy statement outlines potential sanctions that may be taken should an individual fail to meet the provisions of the FFD program. The policy statement also describes the Behavior Observation Program (BOP), which identifies that individuals have a personal responsibility to report FFD concerns about another individuals behavior to any supervisor, manager, or Medical and FFD Services personnel.

Appropriate sanctions for failure to meet expectations of the BOP are also outlined. The policy statement describes various forms of drug and alcohol testing including pre-access, random, for cause, post-accident, and follow-up testing. The policy statement also outlines an individuals responsibility to report, before entering the construction site, legal actions taken against the individual. All construction workers are trained on the policy statement and are required to sign a statement that they were provided a copy of the FFD Policy Statement.

The SNC FFD program for construction workers is implemented through implementing procedures. The principal implementing procedure contains the high-level requirements DRAFT o be o be 2013), whic 2013), w 6.23 are met. Th 6.23 ar nd implemented to pro nd impleme The site construction securit The site constru ble for construction site access ble for construction si th SNC corporate FFD management th SNC corporate FFD mana ram, (Reference Nuclear Developmen ram, (Reference Nuclear Developm sion 18.0) [ADAMS Accession Num sion 18.0) [ADAMS Accession Num e for administration of site access an for administration of

) construction workers subject to nstruction worke e site access authorization and FFD pro s authoriza ectives are provided below.

ectives are provided belo Policy Statement is a comprehensive p icy Statement is a comprehens licability, responsibilities, and actions re y, responsibilities, and actions r statement states that all employees states that all employee uthorization to the Vogtle 3 and 4 cons the Vogtle 3 and 4 cons worthy, fit for duty, free from the influen orthy, fit for duty, free from ther mentally nor physically impaired ther mentally nor physically sely affect their ability to safely and c sely affect their ability to safely a atement prohibits the use, sale, pu atement prohibits the use, sale, p facture or possession of illegal drugs ure or possession of illegal drugs authorized possession, sale, or use of possession, sale, or use of or property; and the abuse/misuse of or property; and the a Company time or property. The pol Company time or property taken should an individual fail to taken should an individual fa statement also describes the o describes the individuals have a perso ve a individuals behavior to a individuals behavior Appropriate sanction Appropriate sanctio policy statement d policy statement d dom, for ca dom, for ca s an s an

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 8 of 14 for program application. The purpose of the procedure is to provide reasonable assurance that personnel can perform their tasks in a reliable and trustworthy manner. Accordingly, it is the policy of SNC that all employees and contractors are reliable, trustworthy, fit for duty, free from the influence of any substances, legal or illegal, and not mentally or physically impaired from any cause, including fatigue, which in any way might adversely affect their ability to safely and competently perform their duties. The FFD program is also designed to provide measures for the early detection of persons who are not fit to perform their job duties. Adherence to the procedure ensures compliance with 10 CFR Part 26 requirements applicable to nuclear plant construction activities and NEI 06-06.

These procedures apply to SNC VEGP 3&4 employees; Southern Company employees; VEGP 3&4 construction contractors; and direct contractor/vendors (C/V) of either SNC VEGP 3&4, VEGP 3&4 construction contractors, or Southern Company Affiliate Companies.

The procedure defines the responsibilities of individuals, supervisors, and managers in regard to the FFD program. All SNC employees, Southern Company employees, direct C/V, and Construction contractors/subcontractors are responsible for:

1. Conforming to the requirements of the Fitness-for-Duty Program by reporting for duty free from the effects of fatigue and substances that might impair the individuals ability to perform his/her duties.

2. Not consuming alcohol within a minimum period of at least five hours preceding any scheduled work shift. Employees shall report any consumption of alcohol within the previous five hours if they are called in to perform work.

3. Reporting any FFD concerns about another individuals behavior to his/her supervisor, manager, or Medical and FFD Services Department personnel.

4. Reporting to their supervisors any prescription or over-the-counter medication that they are taking which might impair their ability to perform their assigned duties.

5. Submitting proof of physician care and/or a valid prescription for the reported medication upon request by the [Medical Review Officer] MRO during review of FFD drug screen results. SNC employees are also responsible for submitting medical documentation as requested by the MRO or SNC Vogtle 1 - 4 Medical site

[registered nurses] RNs for case management purposes.

6. Exercising reasonable diligence and following prudent medical advice to maintain their personal health and medical conditions to ensure their fitness for duty and ability to perform their jobs.

7. Managing their off time to maintain fitness for duty and readiness for work assignments and when experiencing fatigue, self-declaring fatigue to supervision.

trus trus and not and no ny way might a ny way

. The FFD program i

. The FF sons who are not fit to perfo sons who are no compliance with 10 CFR Part 26 compliance with 10 C activities and NEI 06 activities and NEI 06-06.

06.

loyees; Southern Company employees loyees; Southern Company employ ct contractor/vendors (C/V) of either S ct contractor/vendors (C/V) of either S ontractors, or Southern C ntractors, or Southe ompany A ibilities of individuals, supervisors, and

viduals, SNC employees, Southern Company e SNC employees, Southern C tors/subcontractors are respo rs/subcontractors are responsible for nsib requirements of the Fitness ments of the Fitness-for f

-Duty P uty P the effects of fatigue and substan of fatigue and substan ability to perform his/her duties.

bility to perform his/her duti suming alcohol within a mini suming alcohol within a min mum perio scheduled work shift. Employees sha scheduled work shift. Employee thin the previous five hours if they are c thin the previous five hours if they are Reporting any FFD concerns abo porting any FFD concerns abo supervisor, manager, or Medical a visor, manager, or Medical a 4.

4. Reporting to their supervisors Reporting to their they are taking which migh hey are taking which

5. Submitting proof of p tting proof of p medication upon re ion u FFD drug scree g s medical docu al doc

[registered

[registered Exerc Exerc he he

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 9 of 14

8. Reporting any legal actions taken against them to Access Authorization prior to entering the construction controlled area (CCA) on their first day back to work.

The procedure defines the types of drug and alcohol testing that is part of the FFD program which are:

1. Pre-access;

2. Random;

3. For cause;

4. Post-accident; and

5. Follow-up.

The procedure also requires that individuals will be placed in the random pool at the time of their pre-access test. The procedure also describes the software program that will be used to track FFD data generated in the FFD and Access program. The procedure describes potential sanctions and discipline that may be taken in the event that FFD program violations occur. Sanctions and disciplinary aspects described in the implementing procedures would not be affected by the proposed use of escorts. The procedure also describes FFD program training requirements. The procedure describes the BOP and training requirements.

Based on the above, SNC concludes that 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 trained escorts who are knowledgeable of the work performed by construction visitors, 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. Reviews of safeguards design information is not in the scope of this exemption request as these badging requirements are implemented in accordance with 10 CFR 73.57.

4.

JUSTIFICATION FOR EXEMPTION 10 CFR 26.9, Specific Exemptions, states that the NRC may grant exemptions from the requirements of the regulations provided three conditions are met: 1) the exemption is authorized by law; 2) the exemption will not endanger life or property or the common defense and security; and 3) the exemption is in the public interest.

1. This exemption is authorized by law The NRC has authority under 10 CFR 26.9 to grant exemptions from the requirements of NRC regulations. Specifically, 10 CFR 26.9 states that the NRC may DRAFT of the of the als will be placed in the random pool at will be placed in the e also describes the software program scribes the s in the FFD and Access program. T nd Acc nd discipline that may be taken in the nd discipline that may be ta Sanctions and disciplinary aspects anctions and disciplinary asp would not be affected b not be affected by the propose y the propose es FFD program training requirements.

gram training requirement requirements.

ove ove, SNC concludes that t SNC concludes that the proposed h

cts cts on safety and security, because of on safety and security, beca mented described above. These meas mented described above. These m e knowledgeable of the work performed knowledgeable of the work performed quality of work in accordance with SNC of work in accordance with SNC afety-and security curity-related SSCs have rela is provided through inspections, test is provided through insp addi add tion, verification that safety n, verification that sa function will be provided dur l be provided du safeguards design informati sign informati badging requirements are men JUSTIFICATION FO JUSTIFICATION FO 0 CFR 0 CFR 26 26.9, Sp

.9, Sp rements rements ed ed

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 10 of 14 grant exemptions from the requirements of 10 CFR Part 26 upon a proper showing.

No law exists that would preclude the changes covered by this exemption request.

Additionally, granting of the proposed exemption does not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations.

Accordingly, this requested exemption is authorized by law, as required by 10 CFR 26.9.

2. This exemption will not endanger life or property or the common defense and security The proposed exemption from the requirements of 10 CFR 26.4(f) would permit SNC to use technical and vendor experts to construct or direct the construction of safety-or security-related SSCs for a limited period of time, as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26.

The proposed exemption does not introduce any new industrial, chemical, or radiological hazards that would present a public health or safety risk, nor does it modify or remove any design or operational controls or safeguards intended to mitigate any existing on-site hazards. Furthermore, the proposed exemption would not allow for a new fission product release path, result in a new fission product barrier failure mode, or create a new sequence of events that would result in fuel cladding failures. Accordingly, this proposed exemption does not present an undue risk from any existing or proposed equipment or systems.

Therefore, the requested exemption from 10 CFR 26.4(f) would not present an undue risk to the health and safety of the public.

3. This exemption is in the public interest The Commissions values guide the NRC in maintaining certain principles as it carries out regulatory activities in furtherance of its safety and security mission.

These principles focus the NRC on ensuring safety and security while appropriately considering the interests of the NRC's stakeholders, including the public and licensees. These principles include Independence, Openness, Efficiency, Clarity, and Reliability. Whether the grant of an exemption to the requirement to require all construction workers constructing or supervising the construction of safety-or security-related SSCs to be subject to the construction FFD program rather than allowing the FFD program requirements to be maintained by a construction-escort would be in the public interest depends on the consideration and balancing of the foregoing factors.

DRAFT a vi a vi gulations gulatio

, as required by

, as re operty or the common defense and operty or the common defense a uirements of 10 CFR ements of 10 CFR 26.4(f) 2 would perm to construct truct or direct the construction or direct t mited period of time time, as a visitor under t as requirements of 10 CFR Part 26.

requirements of 10 CFR Par n does not introduce any new industrial s not introduce any new industri hat would present a public health or sa present a public health or sa any design or operational controls or sa operational controls or sa sting on sting on-site hazards. Furthermore, the rds. Furth a new fission product release path, res a new fission product releas lure mode, or create a new sequence o lure mode, or create a new sequ ng failures. Accordingly, this proposed e ng failures. Accordingly, this propose from any om any existing or proposed equipm ng or proposed equipm Therefore, the requested exemption f the requested exemption f undue risk to the health and safety undue risk to the hea 3.

3 This exemption is in the pu xemption is in the The Commissions value issions value carries out regulatory egul These principles fo ciples considering the considering the licensees.

licensees. T nd Relia nd Relia trtr

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 11 of 14 Concerning Efficiency, the public has an interest in the best possible management and administration of regulatory activities. Regulatory activities should be consistent with the degree of risk management they achieve. Where several effective alternatives are available, the option that minimizes the use of resources should be adopted. Regulatory decisions should be made without undue delay. As applied to using a construction escort to satisfy FFD requirements rather than requiring all safety-and security-related construction workers to meet FFD requirements, the underling means for achieving FFD performance objectives are equivalent and provides both an effective and an efficient alternative for meeting FFD performance objectives.

Concerning Reliability, once established, regulations should be perceived to be reliable and not unjustifiably in a state of transition. Regulatory actions should always be fully consistent with written regulations and should be promptly, fairly, and decisively administered so as to lend stability to the nuclear construction and planning processes. Here, where the method by which construction FFD performance objectives are met is equivalent, the substantive requirements upon the construction entity are unchanged with the granting of the exemption. Further, the public has an interest in reliability in terms of the stability of the nuclear planning process. This exemption aids planning by allowing escorted construction workers to construct or direct the construction of safety-and security-related SSCs similar to methods used by operating facilities to escort workers to perform work on safety-related SSCs. Thus, regulatory processes are similar between construction and operational phases leading to effective regulatory compliance planning processes.

Concerning Clarity, there should be a clear nexus between regulations and agency goals and objectives whether explicitly or implicitly stated. Agency positions should be readily understood and easily applied. For the reasons explained above, the use of escorted construction workers to meet construction FFD requirements is sufficient for meeting the construction FFD performance objectives and is sufficient to meet the construction FFD requirements. The exemption accordingly recognizes that the use of escorted construction workers is suitable to accomplish the regulatory purpose underlying the requirements of 10 CFR 26.4(f).

The exemption is also consistent with the principles of Independence and Openness; the exemption request considers the regulatory interests involved and explicitly documents the reasons for requesting the exemption.

Accordingly, on balance the exemption is in the public interest.

5.0 RISK ASSESSMENT DRAFT ffe ffe sources source delay.

delay. As app her than her than requiring al et FFD requirements et FFD requirem

, the ectives ectives are equivalent uivalen and ve for ve fo meeting FFD performance D perfor regulations should be perceived to be regulations should be perceived to be of transition.

transiti Regulatory actions should egulato en regulations and should be promptly, ations and sho lend stability to the nuclear o the nuc construction here the here t method by which construction which c e met is met is equivalent equivale

, the substantive req bstantiv nchanged with the nged with the granting of the exem granting of the exe t in reliability in terms of the stability ty in terms of the stability of f emption aids planning by allowing anning by allowing esco esco ect ect the co the construction of safety nstruction of safet - and sec ed by operating facilities to escort work ed by operating facilities to e SSCs. Thus, regulatory processes are s SSCs. Thus, regulatory processe tional phases leading to effecti tional phases leading ve regul e reg Concerning Clarity, there should be a c ning Clarity, there should be a c goals and objectives whether explicit objectives be readily be readily understood and easily erstood of escorted construction worke scorted construction for meeting the construction ing the constructio construction FFD require n FFD require of escorted constructi cons underlying the req the re The exemptio The exemptio he he exemp exemp ume ume

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 12 of 14 A risk assessment was not determined to be applicable to address the acceptability of this proposal.

6.0 PRECEDENT EXEMPTIONS None.

7.0 SIGNIFICANT HAZARDS DETERMINATION AND ENVIRONMENTAL CONSIDERATION The proposed exemption has been evaluated against the criteria of 10 CFR 51.21, Criteria for and identification of licensing and regulatory actions requiring environmental assessments, and has been determined to meet the categorical exclusion criteria of 10 CFR 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, as described below, which evaluates the change against the criteria of 10 CFR 51.22(c)(25).

The requested exemption, which seeks to change FFD requirements for construction workers, does not make any changes to the facility or operating procedures and:

i)

Does not involve a significant hazards consideration [10 CFR 51.22(c)(25)(i)]. The standards set forth in 10 CFR 50.92(c) were used to determine whether the requested exemption involved a significant hazards consideration:

(1) Does the proposed licensing action involve a significant increase in the probability or consequences of an accident previously evaluated?

Response

No.

The proposed exemption from the requirements of 10 CFR 26.4(f) would allow the Licensee to use escorted construction workers to construct or direct the construction of safety-or security-related structures, systems, and components (SSCs). The requested exemption does not alter the design, function, or operation of any plant equipment.

Therefore, granting this exemption would not involve a significant increase in the probability or consequences of an accident previously evaluated.

(2) Does the proposed licensing action create the possibility of a new or different kind of accident from any accident previously evaluated?

Response

No.

DRAFT ONMENTAL ONMENTAL nst the criteria of 10 nst the CFRR 51.21, 51.21, gulatory actions requiring environmenta gulatory actions requiring environmen eet the categorical exclusion criteria of eet the categorical exclusion criteria of clusion; identification of licensing and usion; identification o al exclusion or otherwise not requiring ion or otherwis below, which evaluates the change aga evaluate which seeks to change seeks to change FFD requiremen FFD requireme any changes to the facility or operating ges to the facility or operating e a significant hazards consideration e a significant hazards consideration forth in 10 forth in 10 CFR C

50.92(c) were used to d 2(c) we involved a significant hazards consider involved a significant hazards oes the proposed oes the proposed licensing action licensing actio probability or consequences of an a robability or consequences of an a

Response

onse:

No.

No DR The proposed exemption from The proposed exe the Licensee to e Licensee to use escor use e construction of safety ruction of safety-(SSCs). The reques The operation of any n of Therefore, g

efore, probabilit probabilit Doe Doe

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 13 of 14 The requested exemption does not alter the design, function, or operation of any plant equipment. The requested exemption does not create any new failure mechanisms, malfunctions, or accident initiators.

Therefore, granting this exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated.

(3) Does the proposed licensing action involve a significant reduction in a margin of safety?

Response

No.

The requested exemption does not affect an SSC, SSC design function, or method of performing or controlling a design function. Construction FFD requirements are not related to or used to establish the design bases of an SSC nor are they considered in the safety analyses. Furthermore, the requested exemption does not exceed or alter a design basis or safety limit.

Therefore, granting this exemption does not involve a significant reduction in a margin of safety.

Therefore, it is concluded that the requested exemption does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.

ii)

Does not involve a significant change in the types or significant increase in the amounts of any effluents that may be released offsite [10 CFR 51.22(c)(25)(ii)]. The requested exemption does not alter the design, function, or operation of any plant equipment. There are no changes to effluent types, plant radiological or non-radiological effluent release quantities, any effluent release path, or the functionality of any design or operational features credited with controlling the release of effluents during plant operation or construction.

Therefore, it is concluded that the proposed exemption does not involve a significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

iii) Does not involve a significant increase in individual or cumulative public or occupational radiation exposure [10 CFR 51.22(c)(25)(iii)]. There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significant increase in occupational radiation exposure.

Therefore, it is concluded that the proposed exemption does not involve a significant increase in individual or cumulative public or occupational radiation exposure.

DRAFT sibility of a ne sibility valuated.

valuate a significant reduction in a significant re ect an SSC, SSC design function, or ect an SSC, SSC design function, or a design function.

design function. Construction FFD Co or used to to establish the design bases of establish the e safety analyses.

yses. Furthermore, the req Fur d or alter a design basis or safety limit.

d or alter a design basis or his exemption does not involve a signific xemption does not involve a sign oncluded that the requested exemption cluded that the requested exemption deration under the standards set forth i deration under the standard y, a finding of no significant hazards co y, a finding of no significant h not involve a significant change in t not involve a significant change in ounts of any effluents that may be rele nts of any effluents that may be rele equested exemption does not alter th ed exemption does not alter th equipment. There are no chang

. There are no chang non non-radiological effluent release radiological eff functionality of any design or op functionality of any des of effluents during plant opera ents during plant o Therefore, it is conclude it is conclude change in the types o e ty be released offsite d offs

) Does not in Does not in occupation occupation nt ra nt ra

ND-18-XXXX Exemption Request: Part 26 Visitor Access Requirements Page 14 of 14 iv) Does not involve a significant construction impact [10 CFR 51.22(c)(25)(iv)].

The requested exemption does not alter the materials or methods of constructing or testing any SSCs. No change to the construction of the facility is being made as a result of this exemption.

Therefore, it is concluded that the proposed exemption does not involve a significant construction impact.

v)

Does not involve a significant increase in the potential for or consequences from radiological accidents [10 CFR 51.22(c)(25)(v)]. The requested exemption does not alter the design, function, or operation of any plant equipment. There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significant increase in occupational radiation exposure.

Therefore, it is concluded that the proposed exemption does not involve a significant increase in the potential for or consequences from radiological accidents.

vi) Involves employment suitability requirements related to fitness for duty as obtaining a fitness-for-duty authorization is a prerequisite for working on or directing work on safety-and security-related SSCs. [10 CFR 51.22(c)(25)(vi)(E)].

Accordingly, the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this exemption.

8.0 CONCLUSION

The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety-and security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26. The exemption is necessary because SNC expects to require the use of technical and vendor experts to provide direction, expertise, and oversight during the inspection and testing phases of the project.

The exemption request meets the requirements of 10 CFR 26.9, Specific Exemptions, in that the requested exemption is authorized by law and will not endanger life or property or the common defense and security and is in the public interest.

9.0 REFERENCES

None DRAFT d

not involve a sig not inv ntial for or consequences from tial for or consequ The requested exemption does not The requested exemption ant equipment.

ant equ There are no changes re no ch controls required under 10 control CFR CFR Part Pa 2

cupational radiation exposure.

cupational radiatio posed exemption does not involve a sig ed exemption does sequences from radiological accidents.

s from radiolo ty requirements related to fitness for du ty requirements related to fi on is n is a prerequisite for working on a prerequisite for working o

ed SSCs.

SCs [10

[10 CFR CFR 51.22(c)(25)(vi)(

51.22(c)(25)(vi)(E

( )]

E sed exemption meets the eligibility crite on meets the eligibility crit 100 CFR C

51.22(c)(25). Therefore, c)(25). Ther purs urs pact statement or environmental asses pact statement or environme h the issuance of this exemption.

h the issuance of this exempti SION SION requested exemption would permit S ted exemption would permit S onstruct or direct the construction of saf nstruct or direct the co of time as a visitor under the control of time as a visitor under CFR Part 26.

CFR Part 26. The exemption is n The exemptio technical and vendor experts d vendor experts inspection and testing phase testing phase The exemption request The exemption requ that the request that the requested ex ed e he common defe he common defe ERENCE ERENCE

Southern Nuclear Operating Company ND-YY-XXXX Vogtle Electric Generating Plant Units 3 and 4 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Insertions Denoted by Blue Underline and Deletions by Red Strikethrough Omitted text is identified by three asterisks ( * * * )

(This Enclosure consists of [XX] pages, including this cover page)

DRAFT enerating Plant Units 3 and 4 Units 3 a ocument Changes Supporting the Exem cument Changes Supporting the Exem ertions Denoted by rtions Denoted by Blue Underlin DR Omitted text is identifi Omitted text

ND-18-0754 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Page 2 of 5 The UFSAR Appendix 1A entry for conformance with Regulatory Guide (RG) 5.84 is revised to reflect the exceptions taken to NEI 06-06, Revision 6 (April 2013).

Note: This markup reflects text which was incorporated into the current version of the UFSAR and further revised by LAR-18-018.

Reg. Guide 5.84, Rev. 0, 7/15 - Fitness-for-Duty Programs at New Reactor Construction Sites Conformance with programmatic and/or operational aspects is documented below.

General 10 CFR Part 26 NEI 06-06 Rev. 6 (April 2013)

Exception Exceptions to guidance provided in NEI 06-06 Rev. 6 (April 2013) are as described below:

The third paragraph of Section 2.1, Construction, is revised to read:

The FFD program for construction applies to individuals specified in 10 CFR 26.4(f) who are constructing or directing the construction of safety-or security-related SSCs, unless the construction site entity chooses to subject these individuals to a full FFD program that meets all of the requirements in 10 CFR Part 26, except Subparts I and K, or are escorted by a qualified individual subject to the construction FFD program. Thus, the FFD program for construction applies to individuals who perform the following types of activities:

A definition is added to define a limited FFD authorization as follows:

Limited Fitness-for-Duty (FFD)

Authorization (FFDA) - An authorization granted for a limited period of time to potential 10 CFR 26.4(f) workers that have not completed all elements for 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 DRAFT urr urr Reactor Construct Reacto documented below.

documented below.

xceptions to guidance provided in xceptions to guidance provided in NEI 06 NEI 0 -06 Rev. 6 (April 2013) are as

v. 6 (April 2013) are as described below:

described below:

The third paragraph of Section The third parag AFT Construction, is revised to re Construction AF The FFD program for co FFD p AF applies to individuals s to ind AF CFR 26.4(f) who a CFR 26.4(f) who AF directing the con directing the con AF or security or security-re r

A constructio uctio A

subject t A

progr A

req A

ND-18-0754 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Page 3 of 5 security-related structures, systems, and components (SSCs).

A definition is added to define a construction escort as follows:

Construction Escort - An individual subject to the construction FFD program assigned to escort and observe a construction worker engaged in constructing or directing construction of a safety-or security-related SSC and is not subject to the construction FFD program.

A definition is added to define a construction visitor as follows:

Construction Visitor - An individual determined by the construction entity to have expertise needed to support the construction or supervision of construction of a safety-or security-related SSC for fourteen days or less in a thirty day period and authorized by a first line supervisor or greater, but who is not subject to the construction FFD program.

Insert additional required procedures to Section 5.2, Procedures as follows:

14. Procedures for processing, escorting, and controlling construction visitors to include:

a. Confirmation of identity

b. Checking against industry databases for denied access c.

Maintenance of a visitor control register

d. Requirement that all construction visitors be escorted within the construction site

15. Procedures for training and controlling construction escorts to include:

DRAFT de de T

s follow s follo T

ort ort - An individ A

T construction FFD construct T

signed to escort and signed to esco T

a construction worker construction work T

ed in constructing ed in constructing or directing or dire FT struction structio of a safety-or security r securi -

FT elated SSC elated S and is not subjectct to the to th FT construction FFD program.

construction FF FT A definition is added to define a A definition is add FT construction visitor as follows:

construction vi AFT Construction Visitor onstructio

- An in AF determined by the const rmined AF to have expertise nee e expert AF the construction or the construction AF construction of a construction of a AF related SSC related SSC fo A

in a thirty d in a thirty d A

a first line A

who is A

FFD A

ND-18-0754 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Page 4 of 5

a. Requiring escorts to hold a FFDA for the construction site

b. Requiring understanding of responsibilities to perform escort duties c.

Requirement to be generally knowledgeable of the construction activities to be performed by the construction visitor Section 6.2.1, Pre-Assignment, is clarified to allow an individual to have limited access to the construction site under the conditions specified in Section 9.3. An individual may be eligible for limited access to the construction site under the conditions specified in Section 9.3 [of NEI 06-06 Revision 6 (April 2013)].

Section 8. Reviewing Official, the first sentence of the first paragraph is revised to read:

The construction site entity or as applicable, approved contractors/vendors (C/V), is required to designate in writing one or more individuals as a reviewing official to make FFDA (including Limited FFDA) determinations relative to a potential construction site workforce members trustworthiness and reliability and fitness for duty.

Section 9.2, Types of FFDA, is revised to add a fourth type - Limited FFDA Section 9.3, Granting FFDA and FFDA Elements, is revised to add an introductory paragraph that reads:

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, DRAFT ng ng T

erstanding erstand T

sponsibilities sponsi to T

perform escort dutie perform T

c.c.

Requirement to be Requireme T

generally generally T

knowledgeable of the geable o FT construction activities to n activit FT be performed by the by the FT construction visitor construction visitor FT Section 6.2.1, Section 6.2.1, Pre Pr -Assignment

, is clarified to allow an individual t clarified to allo limited access to the constru imited acce under the conditions spec der the c Section 9.3 on 9.3. An individ eligible for limited ac or limite construction site u construction site specified in Sec specified in Sec Revision 6 (A Revision 6 (A Section 8 senten rev

ND-18-0754 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Page 5 of 5 as appropriate, except the requirement for documentation of a passed drug test.

DRAFT

ND-18-0754 Reviewers Aid: Licensing Document Changes Supporting the Exemption Request Page 6 of 5 The site-specific information of UFSAR Section 13.7 is revised to clarify that escorted construction workers may construct or direct the construction of safety or security-related SSCs.

The construction FFD program is consistent with NEI 06-06 (Reference 201) as endorsed by NRC Regulatory Guide 5.84, Revision 0, as amended by the exceptions documented in Appendix 1A, and the pre-access provisions for reinstatement described in 10 CFR 26.65. 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. At the establishment of a protected area, all persons who are granted unescorted access will meet the requirements of an operations FFD program. The NRC endorsed NEI 06-06 (Reference 201) and the FFD program subject to Subpart K was revised to reflect the changes.

The following site-specific information is provided:

x The construction site is defined in the Physical Security Plan, Appendix E and is under the control of SNC. The 10 CFR Part 26 requirements are implemented for the construction site area based on the descriptions provided in Table 13.4-201.

x Construction Workers & First Line Supervisors are covered by the SNC FFD Program (elements Subpart K) except when escorted by a construction escort.

x Control of construction visitors and construction escorts is described in the UFSAR Appendix 1A entry for Regulatory Guide 5.84.

DRAFT 201) as endorsed 201) a ons documented in ons docume cribed in 10 CFR 26.65. NEI cribed in 10 CFR on of safety on of s

- and security nd secu where the new reactor will be where the new reactor will nnel, as further described in NEI 06 nnel, as further described in NEI nuclear material in the form of fuel nuclear material in the form of fuel o the operations FFD program that mee o the operations FFD program that mee hrough H, N, and O.

ough H, N, and O. At the establishme A

escorted access will meet the requireme ed access will me d NEI 06-06 (Reference 201) and the F 6 (Referenc the changes.

n is provided:

provided:

d in the Physical Security Plan, Append Physical Security Plan, Append R Part 26 requirements are implemente quirements are implemen riptions provided p

in Table 13.4 in Table 13

-201.

s & First Line Supervisors are covered s & First Line Supervisors ar t K) t K) except when escorted by a constru except when escorted by a RA truction visitors and construction escor truction visitors and construction e RA A entry for entry Regulatory Guide latory Guide 5.84.

RA

• *