ML20098B333

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Letters to Nuclear Energy Institute, Entergy, and NextEra - Addendum to U.S. Nuclear Regulatory Commission Planned Actions Related to the Requirements for Work Hour Controls During the Coronavirus Disease 2019 Public Health Emergency
ML20098B333
Person / Time
Issue date: 04/08/2020
From: Ho Nieh
Office of Nuclear Reactor Regulation
To: Bakken C, Moul D, Uhle J
Entergy Nuclear, Florida Power & Light Co, Nextera Energy, Nuclear Energy Institute
Sanfilippo N
References
Download: ML20098B333 (9)


Text

April 8, 2020 Dr. Jennifer L. Uhle Vice President, Generation & Suppliers Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

SUBJECT:

ADDENDUM TO U.S. NUCLEAR REGULATORY COMMISSION PLANNED ACTIONS RELATED TO THE REQUIREMENTS FOR WORK HOUR CONTROLS DURING THE CORONAVIRUS DISEASE 2019 PUBLIC HEALTH EMERGENCY

Dear Dr. Uhle:

By letter dated March 28, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20087P237), the U.S. Nuclear Regulatory Commission (NRC) transmitted its planned actions related to Title 10 of the Code of Federal Regulations (10 CFR)

Part 26 requirements for work hour controls during the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). Namely, the NRC is prepared to grant, upon request from individual licensees, exemptions from the work hour controls specified in 10 CFR 26.205(d)(1)-(d)(7), consistent with 10 CFR 26.9, Specific exemptions, and subject to the terms and conditions outlined in the March 28, 2020, letter and its attachment.

The purpose of this addendum to the March 28, 2020, letter is to correct a reference to fuel facilities and two citations to 10 CFR Part 26. This addendum also provides a link to a Web page that contains 10 CFR Part 26 Exemption Frequently Asked Questions (FAQs). Finally, this addendum includes a Paperwork Reduction Act statement that was inadvertently omitted from the March 28, 2020, letter.

Reference to Fuel Facility Applicability In the final paragraph of page 2, the March 28, 2020, letter incorrectly notes that the letter also applies to fuel facilities. That sentence should read:

This basis, together with the approach outlined above, would allow licensees to utilize staff resources necessary to ensure that the plant or fuel facility maintains a safe and secure status during the COVID-19 PHE.

10 CFR 26.407 Reference In the Basis section of the attachment, the March 28, 2020, letter incorrectly makes reference to 10 CFR 26.407, Behavioral observation; however, the applicability of 10 CFR 26.407 is limited to construction sites. The correct reference for operating reactors is 10 CFR 26.33, Behavioral observation.

Frequently Asked Questions and Staff Guidance On April 2, 2020, the NRC held a public meeting (ADAMS Accession No. ML20090E056) with the nuclear industry and interested stakeholders to discuss and answer questions related to the March 28, 2020, letter. During that meeting, NRC staff provided several clarifications of its intent regarding implementation of these Part 26 exemptions. To answer FAQs related to these Part 26 exemptions, the NRC has established a Web page at https://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty-programs/faqs/covid work-hour-control-exemption.html. The NRC plans to update this Web page on a periodic basis as we learn lessons and address questions regarding these exemptions. Questions not already addressed on this Web page may be submitted to your respective facilitys NRC Project Manager.

In addition, the NRC has developed a temporary staff guidance document that provides Office of Nuclear Reactor Regulation staff members the basic framework for processing these 10 CFR Part 26 exemptions. Temporary Staff Guidance (TSG)-DORL-2020-01, COVID-19 Related Exemptions from NRC Part 26 Requirements, can be found at ADAMS Accession No. ML20091L276.

Paperwork Reduction Act Statement Paperwork Reduction Act This letter contains voluntary guidance for implementing the voluntary information collections covered by 10 CFR Part 26 that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). These information collections were approved by the Office of Management and Budget under control number 3150-0146. Estimated burden per response to comply with this voluntary information collection request is 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Send comments regarding this information collection to the Information Services Branch (T6-A10M), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail to Infocollects.Resource@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (3150-0146), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

If you have any further questions about the contents of this or the March 28, 2020, letter, please contact your respective facilitys NRC Project Manager.

Sincerely,

/RA/

Ho K. Nieh, Director Office of Nuclear Reactor Regulation

SUBJECT:

ADDENDUM TO U.S. NUCLEAR REGULATORY COMMISSION PLANNED ACTIONS RELATED TO THE REQUIREMENTS FOR WORK HOUR CONTROLS DURING THE CORONAVIRUS DISEASE 2019 PUBLIC HEALTH EMERGENCY DATED APRIL 8, 2020 Identical letters sent to:

Dr. Jennifer L. Uhle Vice President, Generation & Suppliers Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004 Mr. Chris Bakken Executive Vice President Nuclear Operations & Chief Nuclear Officer Entergy Nuclear 1340 Echelon Parkway Jackson, MS 39213 Mr. Don Moul Executive Vice President, Nuclear Division and Chief Nuclear Officer Florida Power & Light Company Mail Stop: NT3/JW 15430 Endeavor Drive Jupiter, FL 33478

April 8, 2020 Mr. Chris Bakken Executive Vice President Nuclear Operations & Chief Nuclear Officer Entergy Nuclear 1340 Echelon Parkway Jackson, MS 39213

SUBJECT:

ADDENDUM TO U.S. NUCLEAR REGULATORY COMMISSION PLANNED ACTIONS RELATED TO THE REQUIREMENTS FOR WORK HOUR CONTROLS DURING THE CORONAVIRUS DISEASE 2019 PUBLIC HEALTH EMERGENCY

Dear Mr. Bakken:

By letter dated March 28, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20087P237), the U.S. Nuclear Regulatory Commission (NRC) transmitted its planned actions related to Title 10 of the Code of Federal Regulations (10 CFR)

Part 26 requirements for work hour controls during the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). Namely, the NRC is prepared to grant, upon request from individual licensees, exemptions from the work hour controls specified in 10 CFR 26.205(d)(1)-(d)(7), consistent with 10 CFR 26.9, Specific exemptions, and subject to the terms and conditions outlined in the March 28, 2020, letter and its attachment.

The purpose of this addendum to the March 28, 2020, letter is to correct a reference to fuel facilities and two citations to 10 CFR Part 26. This addendum also provides a link to a Web page that contains 10 CFR Part 26 Exemption Frequently Asked Questions (FAQs). Finally, this addendum includes a Paperwork Reduction Act statement that was inadvertently omitted from the March 28, 2020, letter.

Reference to Fuel Facility Applicability In the final paragraph of page 2, the March 28, 2020, letter incorrectly notes that the letter also applies to fuel facilities. That sentence should read:

This basis, together with the approach outlined above, would allow licensees to utilize staff resources necessary to ensure that the plant or fuel facility maintains a safe and secure status during the COVID-19 PHE.

10 CFR 26.407 Reference In the Basis section of the attachment, the March 28, 2020, letter incorrectly makes reference to 10 CFR 26.407, Behavioral observation; however, the applicability of 10 CFR 26.407 is limited to construction sites. The correct reference for operating reactors is 10 CFR 26.33, Behavioral observation.

Frequently Asked Questions and Staff Guidance On April 2, 2020, the NRC held a public meeting (ADAMS Accession No. ML20090E056) with the nuclear industry and interested stakeholders to discuss and answer questions related to the March 28, 2020, letter. During that meeting, NRC staff provided several clarifications of its intent regarding implementation of these Part 26 exemptions. To answer FAQs related to these Part 26 exemptions, the NRC has established a Web page at https://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty-programs/faqs/covid work-hour-control-exemption.html. The NRC plans to update this Web page on a periodic basis as we learn lessons and address questions regarding these exemptions. Questions not already addressed on this Web page may be submitted to your respective facilitys NRC Project Manager.

In addition, the NRC has developed a temporary staff guidance document that provides Office of Nuclear Reactor Regulation staff members the basic framework for processing these 10 CFR Part 26 exemptions. Temporary Staff Guidance (TSG)-DORL-2020-01, COVID-19 Related Exemptions from NRC Part 26 Requirements, can be found at ADAMS Accession No. ML20091L276.

Paperwork Reduction Act Statement Paperwork Reduction Act This letter contains voluntary guidance for implementing the voluntary information collections covered by 10 CFR Part 26 that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). These information collections were approved by the Office of Management and Budget under control number 3150-0146. Estimated burden per response to comply with this voluntary information collection request is 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Send comments regarding this information collection to the Information Services Branch (T6-A10M), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail to Infocollects.Resource@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (3150-0146), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

If you have any further questions about the contents of this or the March 28, 2020, letter, please contact your respective facilitys NRC Project Manager.

Sincerely,

/RA/

Ho K. Nieh, Director Office of Nuclear Reactor Regulation

April 8, 2020 Mr. Don Moul Executive Vice President, Nuclear Division and Chief Nuclear Officer Florida Power & Light Company Mail Stop: NT3/JW 15430 Endeavor Drive Jupiter, FL 33478

SUBJECT:

ADDENDUM TO U.S. NUCLEAR REGULATORY COMMISSION PLANNED ACTIONS RELATED TO THE REQUIREMENTS FOR WORK HOUR CONTROLS DURING THE CORONAVIRUS DISEASE 2019 PUBLIC HEALTH EMERGENCY

Dear Mr. Moul:

By letter dated March 28, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20087P237), the U.S. Nuclear Regulatory Commission (NRC) transmitted its planned actions related to Title 10 of the Code of Federal Regulations (10 CFR)

Part 26 requirements for work hour controls during the Coronavirus Disease 2019 (COVID-19) public health emergency (PHE). Namely, the NRC is prepared to grant, upon request from individual licensees, exemptions from the work hour controls specified in 10 CFR 26.205(d)(1)-(d)(7), consistent with 10 CFR 26.9, Specific exemptions, and subject to the terms and conditions outlined in the March 28, 2020, letter and its attachment.

The purpose of this addendum to the March 28, 2020, letter is to correct a reference to fuel facilities and two citations to 10 CFR Part 26. This addendum also provides a link to a Web page that contains 10 CFR Part 26 Exemption Frequently Asked Questions (FAQs). Finally, this addendum includes a Paperwork Reduction Act statement that was inadvertently omitted from the March 28, 2020, letter.

Reference to Fuel Facility Applicability In the final paragraph of page 2, the March 28, 2020, letter incorrectly notes that the letter also applies to fuel facilities. That sentence should read:

This basis, together with the approach outlined above, would allow licensees to utilize staff resources necessary to ensure that the plant or fuel facility maintains a safe and secure status during the COVID-19 PHE.

10 CFR 26.407 Reference In the Basis section of the attachment, the March 28, 2020, letter incorrectly makes reference to 10 CFR 26.407, Behavioral observation; however, the applicability of 10 CFR 26.407 is limited

to construction sites. The correct reference for operating reactors is 10 CFR 26.33, Behavioral observation.

Frequently Asked Questions and Staff Guidance On April 2, 2020, the NRC held a public meeting (ADAMS Accession No. ML20090E056) with the nuclear industry and interested stakeholders to discuss and answer questions related to the March 28, 2020, letter. During that meeting, NRC staff provided several clarifications of its intent regarding implementation of these Part 26 exemptions. To answer FAQs related to these Part 26 exemptions, the NRC has established a Web page at https://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty-programs/faqs/covid work-hour-control-exemption.html. The NRC plans to update this Web page on a periodic basis as we learn lessons and address questions regarding these exemptions. Questions not already addressed on this Web page may be submitted to your respective facilitys NRC Project Manager.

In addition, the NRC has developed a temporary staff guidance document that provides Office of Nuclear Reactor Regulation staff members the basic framework for processing these 10 CFR Part 26 exemptions. Temporary Staff Guidance (TSG)-DORL-2020-01, COVID-19 Related Exemptions from NRC Part 26 Requirements, can be found at ADAMS Accession No. ML20091L276.

Paperwork Reduction Act Statement Paperwork Reduction Act This letter contains voluntary guidance for implementing the voluntary information collections covered by 10 CFR Part 26 that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). These information collections were approved by the Office of Management and Budget under control number 3150-0146. Estimated burden per response to comply with this voluntary information collection request is 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Send comments regarding this information collection to the Information Services Branch (T6-A10M), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail to Infocollects.Resource@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (3150-0146), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

If you have any further questions about the contents of this or the March 28, 2020, letter, please contact your respective facilitys NRC Project Manager.

Sincerely,

/RA/

Ho K. Nieh, Director Office of Nuclear Reactor Regulation

ML20098B333

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