ML18332A023

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11/1/2018 - Summary of Public Meeting for Third Party Review of Access Authorization - Fitness for Duty Determinations
ML18332A023
Person / Time
Issue date: 11/01/2018
From:
Office of Nuclear Material Safety and Safeguards
To:
Berrios, Ilka
References
NRC-2016-0145, RIN 3150-AJ79
Download: ML18332A023 (4)


Text

`U.S. Nuclear Regulatory Commission Public Meeting Summary

Title:

Category 3 Public Meeting on the Status of Third-Party Review of Nuclear Power Reactor Licensee Access Authorization and Fitness-For-Duty Determinations Rulemaking Meeting Identifier: 20181044 Date of Meeting: November 1, 2018 Location: NRC One White Flint North, Commissioners Hearing Room, 11555 Rockville Pike, Rockville, MD 20852 Type of Meeting: Category 3 Purpose of the Meeting: To present the status of the Access Authorization and Fitness-For-Duty Determinations rulemaking, as well as the NRC staffs planned next steps, and to offer an opportunity for the public to express views on this rulemaking activity.

General Details: The meeting was attended by 16 NRC staff and 21 members of the public. A list of attendees is provided as an enclosure to this meeting summary.

Summary of NRC Presentation: The NRC staff presented a summary of its technical and cost assessment associated with the Access Authorization and Fitness-For-Duty Determinations rulemaking effort, based on information that had been submitted by the International Brotherhood of Electrical Workers as well as the results from the regulatory analysis review.

The staff stated that, of the arbitration cases and practices reviewed, none have resulted in a significant safety or security concern that warrants engagement in rulemaking to address the role of arbitrators in licensee access authorization (AA) or fitness-for-duty (FFD) determinations.

As discussed more fully below, the NRC solicited input from external stakeholders on the need for the staff to pursue guidance updates regarding robust appeals processes. The staff stated its intention to recommend to the Commission that this rulemaking be discontinued.

Summary of Public Feedback: Union representatives stated that arbitration of AA and FFD determinations occurs very infrequently and does not pose a safety or security risk. These union representatives were not entirely aligned on whether NRC-issued guidance on a robust appeals process would benefit the conduct of future arbitration of AA and FFD determinations. One representative of a nuclear power reactor licensee provided anecdotal information on the changes to that licensees arbitration process over the years and questioned whether guidance on the elements of a robust appeals process would be beneficial. Based on this input, staff does not intend to pursue guidance updates to address robust appeals processes.

Action Items/Next Steps:

The NRC will inform the Commission of its assessment and preliminary finding, and recommend that this rulemaking be terminated.

Additional Information:

Meeting notice and agenda: ADAMS Accession No. ML18275A034

Enclosure to meeting notice: ADAMS Accession No. ML18274A010 NRC staff presentation: ADAMS Accession No. ML18304A234 Transcript: ADAMS Accession No. ML18323A161

ML17067A171

  • concurrence via e-mail OFFICE NRR/DPR/PM NRR/DPR/RS*

NRR/DPR/BC NAME IBerrios GLappert MKhanna DATE 11/28/2018 11/28/2018 11/28/2018

Enclosure LIST OF ATTENDEES FOR 11/1/2018 CATEGORY 3 PUBLIC MEETING Name Affiliation Brad Baxter NRC Howard Benowitz NRC Ilka Berrios NRC David Curtis NRC Paul Harris NRC Shana Helton NRC Silas Kennedy NRC Meena Khanna NRC Glenna Lappert NRC Doris Lewis NRC John Lubinski NRC Mark Resner NRC Alison Rivera NRC Aaron Sanders NRC Stewart Schneider NRC Fred Schofer NRC Dean Apple IBEW Local 15 Bruce Behilyon IBEW Jana Bergan Curtis Wright Victoria Bor IBEW David Codevilla TVA Donnie Colston IBEW Nick DiPietro First Energy Steven Hamrick NextEra M.S.J.

IBEW Local 15 Robert Kurnick IBEW Mark MacNichol IBEW Rich Magavero NEI Jerry Mayo IBEW Bill O'Brien Moj Law Sue Perkins-Grey NEI Bill Phillips IBEW Local 15 Joe Pollox NEI Darani Reddick Exelon Bart Shears IBEW Scott Wiecand IBEW Local 2150 Andrew Zommers IBEW Local 2150