ML20205L509

Enclosure 1: Responses to Questions Listed in Sen Gary C. Peters' Ltr, July 14, 2020

ML20205L509
Person / Time
Issue date:	08/12/2020
From:	Kristine Svinicki NRC/Chairman
To:	Peters G US Congress
Storch J
Shared Package
ML20196L987	List: ML20205L507 ML20205L509
References
CORR-20-0077, LTR-20-0277
Download: ML20205L509 (6)

Text

U.S. Nuclear Regulatory Commission Responses toQuestions inSenator GaryC.Peters' Letter Dated July 14,2020

1. Please describe your agency's plan for reopening. Besuretoinclude, at minimum: (1) which e mployees willbeasked t oreturn to their duty s tations and when;(2) whether leave andtelework flexibilities will stillbeavailable to employees, for howlong, andtowhatextent; (3) anyregionalized orlocalized plans toaccount for areas that continue toseeanincrease inCOVID19cases; (4) anyestimates or timelines ofwhentheagency will return all employees tonormal duty stations.

TheU.S. Nuclear Regulatory Commission's (NRC) COVID-19 Re-Occupancy Plan (NRC Re-Occupancy Plan, seeEnclosure 2) wasinformed bythePresident's plan for the country, "Opening UpAmerica Again,"1 andtheOffice ofManagement andBudget's (OMB) andtheOffice ofPersonnel Management's (OPM) accompanying guidance, "Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again"2 aswell asguidance from the Centers for Disease Control and Prevention (CDC). TheNRCRe-Occupancy Plan details the factors tobeconsidered for gradual, phased re-entry of the NRC workforce into NRC buildings.

TheNRCRe-Occupancy Plan balances thehealth andwelfareoftheNRCworkforce with continuing tofulfilltheNRC's vitalpublic health and safetymission. Itreflectsa phased, gradual approach tobuilding re-occupancy, as well asthe NRC's plan to maintain maximum telework flexibilitiestoaddress local issues such asclosures of schools andadult andchildcare facilities andtheavailability ofpublic transportation. It also connects there-occupancy phases toregional andlocal responses toCOVID-19 conditions. TheNRCRe-Occupancy Plan, therefore, hasbeen, and will continuetobe, implemented specifictoeachNRClocation: headquarters inRockville, MD,thefour regional offices (in Pennsylvania, Georgia, lilinois,andTexas) andthe Technical Training Center inTennessee. TheNRCanticipates each ofthese locations may operate under a different phase atanygiven time. TheNRCRe-Occupancy Plan reflects thestatus offacility access andtelework status ineachphase, aswell as other agency activities and services, such asparking, availability offood s ervices, and considerations related totravel, meetings, andtraining.

TheNRCRe-Occupancy Plan isa living document duetothenovel anddynamic nature ofCOVID-19. Therefore, itisflexible andallows theNRCtomoveforward orbackward through phases ateachNRCfacility, asState andlocal conditions warrant. TheNRC Re-Occupancy Plan presumes that a limitedgroup of NRC staffwith mission-critical work that canonly beperformed onsite remain present atNRCfacilities throughout the duration oftheCOVID-19 public health emergency. While theNRCnever completely closed itsbuildings toaccess, mandatory telework wasimplemented for allnon-mission-critical functions inPhase 0 andearly inPhase 1ofits plan. During this time, approximately 98%oftheworkforce teleworked. Theagency ended theperiod of mandatory telework onJuly 12,2020. TheNRCRe-Occupancy Plan provides for expanded telework through Phase 2 andinto Phase 3,encouraging employees to continue full-time telework, asappropriate, asthepublic health emergency continues.

1 httgs.//www.whitehouse.gov/openjngamerical 2 https;//www,whjtehouse,gov/wp-content/upJoads/2020/04/M-20-23.pdf Enclosure 1

Duringthis time,supervisors andmanagers willbalance mission needs with employee requests tocontinue totelework orreturn totheir duty stations. Most ofourworkforce currently remains insomeform oftelework status. TheNRChasissued written guidance toemployeesandregularly conductsemployee briefings tocommunicate the telework andschedule included flexibilities inthe NRCRe-Occupancy Plan.

Bydesign, the NRCdoesnothavea specific planned date tomovetoPhase 3,which would reflect a return tonormal operations. That date will bedetermined byState and local conditions ateach NRCfacility. Throughout all phases, theNRChascontinued to fulfillits mission.

2. Hasyour agency'splan forreopening beenmadepublicly available? if so,please provide theappropriate web address. If not, why?Will itbemadepublicly available inthenear future? Hastheplan beendistributed ormadeavailable to agency employees?

TheNRCRe-Occupancy Plan has not, todate, beenmadepublicly available. The agency's planning efforts have beenposted onthe NRC's public Facebook page andthe phase status hasbeenupdated ontheagency's COVID-19 Webpageontheagency's public Website.3 TheNRCRe-Occupancy Plan ispostedontheagency's internal COVID-19 Webpagefor employees andisreferenced ina variety ofinternal communications.

3. Whowas responsible for developing your agency's reopening plan?

TheNRCExecutive Director forOperations (EDO) established a COVID-19 TaskForce, comprised ofNRCexecutives from select offices,toaddressagency operations during thepublic health emergency. TheCOVID-19 Task Force created a Working Group to ensure that detailed information wasconsidered byexperts within the staff. The Working Group developed theapplicable guidance related tore-occupancy planning, as well asre-occupancy training. The NRC COVID-19 Force Task provideddirection to the Working Group andreviewed andprovided feedback onthere-occupancy planning efforts. TheEDOapproved allplanning documents addressing re-entry into the workplace. TheNRCChairman andCommissioners arekept fully andcurrently informed oftheagency's plans.

a. Ifindividual offices within theagency areresponsible for developing their own plans, howisagency leadership involved inthat decisionmaking process? Who amongstagency leadership isinvolved?

Individual officesthat haveprepared specific planning documents have based themon theoverall NRCRe-Occupancy Plan developed bytheNRCCOVID-19 Task Force and Working Group toremain consistent with theoverall plan. TheNRCRe-Occupancy Plan addresses allNRCoffices andbuildings. Theindividual offices report tothe Deputy Executive Director for Reactor andPreparedness Programs, whoserves astheagency's point person forCOVID-19 matters, toensure consistency with theNRC's overall plan for operating during the public health emergency.

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4. What was theprocess for drafting andapproving theplan? Whatdata and/or guidance wastaken into consideration whenpreparing theplan?

The NRC Re-Occupancy Planwasdrafted bytheNRCCOVID-19 TaskForce and Working Group based onState andlocal considerations, aswell asconsiderations inthe President's "Opening UpAmerica Again" plan andonapplicable Federal guidance, includingfrom CDC, OMB,andOPM.Thedraft plan wasthen coordinated with senior executives agencywide andsubmitted totheDeputy Executive Director forReactor and PreparednessPrograms for concurrence and totheEDOfor final approval.

5. Didyouragency submit itsreopening plan for consultation, review, orapproval by OMB? If so,towhom at OMB did theagency submit its plan? When?Whatwas OMB'sresponse?

No.Asanindependent agency, the NRCdevelopedandfinalized itsplan using relevant State andFederal guidance toinform itsplan.TheNRCRe-Occupancy Plan was submitted toOMBonApril 27,2020, for information.

6. Didyouragency submit itsreopeningplan forconsultation, review, orapproval by theCenters for Disease Control andPrevention (CDC)? If so,towhomatCDCdid theagency submit its plan? When?Whatwas CDC's response?

No.Asanindependent agency, theNRCdeveloped and finalized itsownplan.

7. Didyouragency submit itsreopening plan toanyother guidance-issuing or centralmanagement agencies, suchastheOffice ofPersonnel Management (OPM), theDepartment ofHomeland Security (DHS), orthe General Services Administration (GSA), for consultation, review, orapproval? If so, towhomdid youragency submit its plan?When?Whatwastheresponse?

No.Asanindependent agency, theNRCdeveloped andfinalized itsown plan.

8. Towhatextent didyour agency consult with its bargaining units ornational union representatives whendeveloping its reopening plans? Please describe any such communication your agency had.

TheNRCRe-Occupancy Plan wasprovided tolocal union representatives prior toits implementation. This plan andits implementation arediscussed inweekly meetings with both national andlocal union representatives.

9. Do anyofyour agency's current collective bargaining agreements require thatthe agency participate inpost-implementation bargaining? If so,please describe your agency's timeline forengaging inpostimplementation bargaining.

TheNRC's collective bargaining agreement, Article 35.5,includes a clause thatstates that inthecaseofanoperational necessity (i.e.,during anemergency orconsistent with thenecessary functioning oftheagency), theNRCshall advise theunion inwritingofthe nature ofthe necessity andprovide theunion with asmuchreasonable advance notice oftheintended action change asmaybeavailable as practicable, under andtheunion thelaw, rule, maypursue orregulation.

whatever Theunion course(s) has10working of 3

days from receipt ofthe notice inwhich toinvoke its right tonegotiate theproposed change(s).

10. Has your agency determined that gating criteria havebeenmetfor anyofthe agency's employees? If so,for which employees hasthegating criteriabeen met? What data wasusedtomakethis determination?

TheNRCRe-Occupancy Plan doesnotinclude employee-specific gating criteria.

Instead, itprovides forfacility-specific re-occupancy phased decisions andisprimarily focused ontheState andlocal conditions ateach NRCfacility.

11.Who hastheultimate responsibility for deciding toopenregional orfield offices throughout thecountry? How arelocal orregional officialsbeing consulted in this process?

TheEDOisresponsible for implementing theNRCRe-Occupancy Plan, andfor moving facilities either individually ortogether (asappropriate) into each re-occupancy phase.

TheNRCCOVID-19 TaskForce and Working Group provide recommendations tothe EDObased onpublished State andlocal conditions for eachfacility.Pursuant tothe Reorganization Plan No.1of1980, ultimate responsibility forallpolicy decisions atthe NRCrests with the Commission.

12.Howareemployees classified as"essential" workers? Whomakesthis determination? Cana position bedeemed"essential" afterbeing previously classified asnonessential?

TheNRChasnotclassified employees asessential ornon-essential workersduring the COVID-19 public health emergency. However, theNRCRe-Occupancy Plan presumes that a small number ofemployees will perform mission work that can critical only be conducted on-site during the p ublic health emergency.

13.Howwill your agency reopening plans bealtered, adjusted orrolled back if there arelocal spikes inCOVID-19 cases orchanges indirections fromstate or local leaders? Whowill beresponsible for making this decision?

lf State andlocal conditions intheareaofanyNRCfacility warrant, theCOVID-19Task Force, with thesupport oftheWorking Group, will recommend a phase change for that facility tothe agency's point person for COVID-19, theDeputy Executive Directorfor Reactor andPreparedness Programs.

14.isyour agency tracking thenumber ofCOVID19cases amongagency employees? ifso,please provide thenumber ofemployees affected todate, and whether anyspecific regions oroffices havebeenparticularly affected.

TheNRCistracking thenumber ofreported COVID-19 casesamongagency employees. TheNRCisaware of12NRCemployees whohave testedpositivefor COVID-19 asofAugust 11,2020. NRCemployees areonly required toreport positive test results for COVID-19 totheNRCif they havebeeninanNRCfacility within 14days oftesting positive forCOVID-19.

a. If youragency istracking thenumber ofCOVID-19 casesamongemployees, does 4

theagency report these numbers toanyother agency, suchasOMB,CDC,DHS, OPM, orGSA?

Yes. TheNRCreports totheGeneral Services Administration (GSA) aswell asto agency employees thenumber ofreported COVID-19 cases amongemployees who have been in anNRCfacility within 14days oftesting positive forCOVID-19.

15.Whats~teps have youtaken tolimit COVID19 exposure for employees whomust interactwith the public during thepandemic, either through field visitsoutside the office orbymembers ofthepublic visiting agency facilities? Please besureto include whatpersonal protective equipment (PPE), ifany, theagency provides to these employees.

a. Whatrequirements are you placing on individuals entering facilities where federal employees work?Areyou requiring temperaturechecks? Masks?

TheNRChassupplied personal protective supplies (e.g.,face coverings, gloves) to employees inthe field,such asinspectors, asneeded. Currently, visitors toNRC facilities arelimited. Visitors mustbe pre-approved andapproval isbased uponmission need. NRCemployees licensed facilities are visiting required tocomply withlicensees' health andsafety requirements, including temperature checks, health screening questions,andfacial covering requirements.

TheNRCcurrently requires that face coverings be worn insideall NRCfacilities inall areas where six feetofsocial distancing cannot bemaintained, suchashallways, meeting spaces, elevators, stairwells, andother common areas. InPhase 1ofthe NRC Re-Occupancy Plan, individuals entering NRCfacilities are subject toanaccess screening involving a no-contact temperature check andscreening questions. Currently, NRCregional offices inGeorgia andTexas andtheTechnicalTraining Centerin Tennessee areinPhase 1 inPhase 2,individuals areasked toself-screen before enteringanNRCfacility. Inaddition, theNRCrequired all buildingoccupants to complete NRCRe-Occupancy Training before July 1,2020.

16.Howisyour agency modifying office spaces tocomply with CDCsocial distancing guidelines? Hasyouragency consulted with GSAonthis matter?

TheNRCdetermined, based oninformation provided byGSA,that itisnotnecessary at this tomodify time standard office spaces tocomply with social distancing guidance.

Accommodations arebeing madefor shared office spaces tocomply withCDC guidance, including guidance onsocial distancing.

17.Howdoesyouragency plan tosupport employees who needadditional leave and telework flexibilities tocare for dependents orother family members?Howisthis policy being communicated toemployees?

TheNRCRe-Occupancy Plan includes maximum telework flexibilities that allow employees with portable work tocontinue telework, asappropriate, during the public health emergency. It also allows employees touseflexible workschedules, available Monday through Saturday (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, six days perweek) toaccommodate COVID-19 related needs. Inrare instances, whenthefull useofworkschedule donotcompletely flexibilities accommodate anemployee's needs, supervisors are authorized toapprove upto10hours ofexcused absence perweektooffset the amount 5

ofpersonal leave thatanemployee would otherwise use.TheNRChasissued written guidance andregularly conducts employee briefings tocommunicate theleave and telework flexibilitiesprovided bytheplan.

18.Does your agencyrequire employees todotemperature checks toenter work spaces? Areemployees required towearmasksinshared office spaces?

a. If employees arerequired towearmasksinshared office spaces, isyour agency providing masks toemployees?

TheNRCconducts occupant access screening, which includes a no-contact temperature check and screening questions, for facilities that areinPhase 1 Employees arerequested toself-screen before coming toworkinfacilities thatarein Phase 2.TheNRCrequires facecoveringstobeworninall areas inNRCfacilities where six feet ofsocial distancing cannotbemaintained (e.g., hallways, meeting areas, stairwells, elevators, andother common areas) during Phases 1and2.Theagency is currently providing clothfacialcoverings uponrequest toemployees uponarrival atNRC facilities.

19.Whatprotocols areinplace foralerting agency employeesabout possible contact with COVID19?Forexample, ifanemployee showssymptomsof, ortests positive for, COVID19, doestheagencydo any contact tracing around that employee?

While theNRCdoesnotdoformal contact tracing,the agency doeshavethe following process inplace. Uponlearning that anemployee has tested positive, anassessment is conducted todetermine howrecently theindividual wasin an NRC building andwhat areas werevisited. Theagency then notifiesthe entireworkforce ofthis occurrence, without divulging the employee's nameorother identifying information. Specific notifications tooccupants ofthebuilding whomayhavebeeninclose contact with the individual are made, the if employee whotested positivefor COVID-19 had been there within 14days prior totesting positive.

20.Howdoesyouragency procure PPE?Howdoesyouragency makedecisions about distributing PPEtofield offices across thecountry?

TheNRCprocures personal protective supplies (e.g.,

cloth face coverings, gloves,hand sanitizer, andsanitizing wipes) through a combination ofpurchase GSASchedule, card, andInteragency Agreements. Theitems aredistributed based onneedthrough close coordination with allNRCfacilities andlicensed siteswhere NRCresident inspectors are assigned. TheNRCisnotcurrently procuring PPE,such asrespirators orcoveralls.

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