ML18362A249

COL Docs - Discussion Topics for Public Teleconference - Part 26 Exemption Request

ML18362A249
Person / Time
Site:	Vogtle
Issue date:	12/28/2018
From:	NRC
To:	NRC/NRO/DLSE/LB4
References
Download: ML18362A249 (8)

Text

1 Vogtle PEmails From:

Habib, Donald Sent:

Friday, December 28, 2018 8:04 AM To:

Thomas, Corey (SNC)

Cc:

Harris, Paul; Hoellman, Jordan; Patel, Chandu; Dixon-Herrity, Jennifer; Harris, Tim; Zaleski, Brian; Kennedy, Silas; Vogtle PEmails

Subject:

Discussion Topics for Public Teleconference - Part 26 Exemption Request Attachments:

ND-18-1494 Discussion Questions for Jan 3 2019 telecon.pdf Corey -

Attached are discussion topics for a public teleconference related to SNCs 12/6/18 exemption request from Part 26 requirements.

Please let me know whether you can support a teleconference on January 3.

Best Regards, Don Habib Project Manager NRO/DLSE, Licensing Branch 2 O-8D13 301-415-1035

Hearing Identifier:

Vogtle_COL_Docs_Public Email Number:

398 Mail Envelope Properties (SN4PR0901MB21753639043E9F456A15F2D497B70)

Subject:

Discussion Topics for Public Teleconference - Part 26 Exemption Request Sent Date:

12/28/2018 8:04:24 AM Received Date:

12/28/2018 8:04:31 AM From:

Habib, Donald Created By:

Donald.Habib@nrc.gov Recipients:

"Harris, Paul" <Paul.Harris@nrc.gov>

Tracking Status: None "Hoellman, Jordan" <Jordan.Hoellman2@nrc.gov>

Tracking Status: None "Patel, Chandu" <Chandu.Patel@nrc.gov>

Tracking Status: None "Dixon-Herrity, Jennifer" <Jennifer.Dixon-Herrity@nrc.gov>

Tracking Status: None "Harris, Tim" <Tim.Harris@nrc.gov>

Tracking Status: None "Zaleski, Brian" <Brian.Zaleski@nrc.gov>

Tracking Status: None "Kennedy, Silas" <Silas.Kennedy@nrc.gov>

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Tracking Status: None "Thomas, Corey (SNC)" <BRCThoma@southernco.com>

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SN4PR0901MB2175.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 352 12/28/2018 8:04:31 AM ND-18-1494 Discussion Questions for Jan 3 2019 telecon.pdf 190995 Options Priority:

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Page 1, version 12/14/2018 Questions for Discussion Southern Nuclear Operating Company (SNC)

Vogtle Electric Generating Plants (VEGP) Units 3 and 4 Request for Exemption: 10 CFR Part 26 Visitor Access Requirements The information in this discussion is provided as a public service to assist the U.S. Nuclear Regulatory Commission (NRC) staff in understanding the SNC requested exemption from Title 10 of the Code of Federal Regulations (10 CFR), Part 26, Fitness-for-Duty (FFD)

Programs, section 26.5, FFD program applicability to categories of individuals, paragraph (f),

provided below.

Any individual who is constructing or directing the construction of safety or security-related SSCs [structures, systems, and components] shall be subject to an FFD program that meets the requirements of subpart K of this part, unless the licensee or other entity subjects these individuals to an FFD program that meets all of the requirements of this part, except for subparts I and K of this part.

By letter (ND-18-1494) dated December 6, 2018, SNC, the licensee, requested an exemption from 10 CFR 26.4(f) be approved to enable the escorting of individuals (heretofor called Construction Visitors) that will construct or direct the construction of safety-or security-related SSCs without being in an FFD program. These Construction Visitors will be escorted by an individual (i.e., heretofor called the Construction Escort) who is trained and knowledgeable of his/her required duties and responsibilities for escorting Construction Visitors. The licensee provides information that this escort-visitor program is very similar to an escort-visitor program implemented at operating commeercial nuclear power plants pursuant to 10 CFR 73.55(g)(7)(i)(A-F).

If approved, the Construction Visitor will be constructing or directing the construction of safety or security-related SSCs under the observation and control of a Construction Escort who will be part of the FFD program and trained in behavioral observation as well as other escorting responsibilies. That being said, should the NRC approve the requested exemption, SNC will be exempt from placing Construction Visitors within the category of individidual described in 10 CFR 26.7(f), and Construction Visitors will not be subject to, NRC requirements1 governing, in part:

x verification of true identity; x

pre-access and drug and alcohol testing; x

self-disclosure of potentially disqualifying information (e.g., legal actions);

x a suitable inquiry made by SNC of the Construction Visitors background information; x

FFD-related training; or, x

a trustworthiness and reliability determination by the SNC Reviewing Official.

1 These requirements are established by SNC implementation of 10 CFR Part 26, Subpart K, FFD Program for Construction, and SNC commitment to NRC Regulatory Guide 5.84, Fitness-for-Duty for New Nuclear Power Plant Construction Sites, that endorses Nuclear Energy Institute (NEI) document NEI 06-06, Fitness for Duty Program for New Nuclear Power Plant Construction Sites.

Page 2, version 12/14/2018 The information and discussion are solely for informational purposes and is not, nor should be deemed as, an official NRC position, opinion or guidance, or "a written interpretation by the General Counsel" under 10 CFR 26.7, on any matter to which the information may relate. The opinions, representations, positions, interpretations, guidance or recommendations which may be expressed by the NRC technical staff below are solely the NRC technical staff's and do not necessarily represent the same for the NRC. Accordingly, the fact that the information was obtained through the NRC technical staff will not have a precedential effect in any legal or regulatory proceeding.

A written response is not currently required for the any of the following questions.

Some of these questions were discussed during the NRC-SNC teleconference on November 1, 2018, and not provided in ND-18-1494.2

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Item 1 - A Reportable Condition to the NRC NEI 06-06, Section 12, Reporting Responsibilities, paragraph 3, numbered paragraph 2, states, in part, that the construction shall report to the NRC: Any programmatic failure, degradation, or discovered vulnerability of the FFD program that may permit undetected drug or alcohol abuse by individuals who are subject to the FFD program. This could involve, but is not limited to, the following examples that involve the failure to:

a. conduct behavioral observation...

b....

c. provide reasonable assurance that one or more of the 10 CFR 26.23, Performance objectives, are met.

1. 1 Describe a situation in which a recurrent failure of the escort-visitor program to meet SNC procedural requirements would result in a notification to the NRC under NEI 06-06, Section 12, 2a or 2b, or in the annual FFD report (see NRC Form 891, Annual Reporting Form for Drug and Alcohol Tests).

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2 https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML18332A443

Page 3, version 12/14/2018 Item 2 - Construction Visitors vs. Construction Site Workforce NEI 06-06, Section 4, Definitions, states: Construction Site WorkforceThose personnel performing construction or directing the construction of safety-or security-related SSCs (as described in 10 CFR 26.4(f)) and those individuals performing the duties listed in 10 CFR 26.4(e). The personnel in the construction site workforce may be changed (not to be reduced further than those persons required by 10 CFR 26.4(f)) for purposes of practical implementation.

ND-18-1494, cover letter, paragraph 2, sentence 4, and Enclosure 1, page 3, Section 1, Purpose, paragraph 1, both state that: 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.

ND-18-1494, Enclosure 1, page 8 paragraph 1, last sentence states: 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.

1. 2 Based on the above, it is the NRC staffs understanding that a Construction Visitor would not be part of the construction site workforce, even though the Construction Visitor will be performing the exact same roles and responsibilities. Is this an accurate understanding?

Despite that above, would a Construction Visitor, be provided and sign receipt for Section 5.1.1, Policy Statement and Performance Objectives, excluding elements that are not applicable to visitors, such as those provided below, as listed in Section 5.1.2, Policy Statement Details?

3. Describe the requirement that individuals who are notified that they have been selected for random testing must report to the collection site within the time period specified by the construction site entity;

4. Describe the actions that constitute a refusal to provide a specimen for testing; the consequences of a refusal to test; as well as the consequences of subverting or attempting to subvert the testing process;

12. Describe the review process.

1. 3 If a Construction Visitor violates the FFD policy (for example, the visitor possessed or consumed alcohol on the construction site or demonstrates characteristics of not being trustworthy and reliable), the NRC staffs understanding is that this individual would not be placed in the industry shared database. Is this an accurate understanding?

1. 4 If the Construction Visitor violates the SNC Construction FFD policy, would he/she be immediately removed from the construction site, precluded from re-entry, and also be denied unescorted and escorted access to the Vogtle 1 and 2 site?

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Page 4, version 12/14/2018 Item 3 - Construction Visitors and Other Categories of Individuals ND-18-1494, Enclosure 1, page 8, paragraph 3, states: These procedures apply to SNC VEGP 3 and 4 employees; Southern Company employees; VEGP 3 and 4 construction contractors; and direct C/V of either SNC VEGP 3 and 4, VEGP 3 and 4 construction contractors, or Southern Company Affiliate Companies. Similarly, Enclosure 1, page 9, paragraph 1, sentence 2 states: All SNC employees, Southern Company employees, direct C/V, and Construction contractors/subcontractors are responsible for...

1. 5 Describe whether Construction Visitors are or are not included in one of the above categories of individuals.

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Item 4 - Behavioral Observation Program Change NEI 06-06, Section 5.2, Procedures, paragraph 9, sentence 2, states that: The BOP should also, in general, account for large influxes of new or short-duration/transient construction site workforce personnel;

1. 6 Based the NRC staffs current understanding, a Construction Visitor would not be included within the description new or short-duration/transient construction site workforce personnel. Is this an accurate understanding?

1. 7 Describe whether SNC believes its escort-visitor program will result in a large influx of new or short-duration/transient Construction Visitors.

1. 8 Describe in general terms how the BOP responsibilities placed on the Construction Escort might change to account for a large influx of new or short-duration/transient Construction Visitors.

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Item 5 - Clarification of Terminology ND-18-1494, cover letter, paragraph 2, sentence 4, and Enclosure 1, page 3, Section 1, paragraph 1, both state that 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.

ND-18-1494, Enclosure 1, page 1, Section 1, paragraph 3, states that Reviews of safeguards design information is not in the scope of this exemption request as the badging requirements for individuals performing safeguards work activities are implemented in accordance with 10 CFR 73.57.

ND-18-1494, Enclosure 1, page 1, Section 1, paragraph 3, states Reviews of safeguards design information is not in the scope of this exemption request as the badging requirements for individuals performing safeguards work activities are implemented in accordance with 10 CFR 73.57.

Page 5, version 12/14/2018 ND-18-1494, Enclosure 1, page 6, Section 3, paragraph 2, states that: Visitors with responsibility for performance of safeguards-related work will be evaluated by the licensee.

Visitors requiring access to safeguards information will be vetted in accordance with 10 CFR 73.57 standards.

1. 7 Describe or clarify the difference(s) between directing or constructing security-related SSCs (a situation in which the individual can be under escort) and performing safeguards work activities (a situation in which the individual has been badged under 10 CFR 73.57).

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Item 6 - Security Officer Training/Read-and-Sign ND-18-1494, page 6, paragraph 1, sentence 4, states that: These individuals will be provided means for immediate communication with security if a visitor problem arises.

1. 8 Describe, in general, the communication system that the escorts will use to immediately communicate with security (i.e., wall mounted, wireless, etc.)

1. 9 Will the security officers be informed (i.e., trained, briefed, read-and-sign) in the new escort-visitor program?

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Item 7 - Responsibility ND-18-1494, page 6, paragraph 3, bullet 1, sub-bullet 6, states that: Authorization by a first line supervisor or greater that the construction site visitor(s) have expertise needed to support or direct the construction of a safety or security-related SSC.

1. 10 Describe whether this first-line supervisor is responsible for ensuring that the number of visitors assigned to the escort will be based on the specific work activity being performed (i.e., a performance based determination on the visitor-to-escort ratio) or whether it will be an escorts responsibility? In other words, who is responsible if the escort is not able to observe the assigned 10 Construction Visitors?

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Item 8 - Observation vs. Direct Observation ND-18-1494, page 7, paragraph 2, sentences 3 and 4, state that: Escorts will not exceed 10 visitors per escort. Visitors will maintain control of individuals being escorted and observed visitors for unsafe and improper actions, and for aberrant behavior.

1. 11 Will all Construction Visitors assigned to a particular escort be under direct observation by the escort?

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Page 6, version 12/14/2018 Item 9 - Industry Shared Database ND-18-1494, page 7, paragraph 3, states that: Anyone denied access per the industry shared database review will be ineligible from consideration for visitor access without favorable adjudication.

1. 12 Describe what is meant by the industry shared database. For example, is this the database maintained by the Nuclear Energy Institute? Or is this database more comprehensive in that it will also include those individuals who work within the Entergy and NextEra commercial power reactor fleets?

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Item 10 - Should this NEI 06-06 Paragraph address Construction Visitors?

NEI 06-06, Section 3, paragraph 3.1.2, Persons Constructing or Directing the Construction of Safety-or Security-related SSCs, states that: Persons constructing or directing the construction of safety-or security-related SSCs as specified in 10 CFR 26.4(f) must be subject to an FFD program for reactor construction (a Subpart K program) unless the construction site entity elects to implement an FFD program that includes all requirements of 10 CFR Part 26, except Subparts I and K, for these individuals...

1. 13 Is paragraph 3.1.2 written correctly to capture the escort-visitor program?