ML20205L509

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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:
References
CORR-20-0077, LTR-20-0277
Download: ML20205L509 (6)


Text

U.S.Nuclear Regulatory Commission Responses toQuestions inSenator GaryC.Peters' Letter DatedJuly14,2020 1.Please describe youragency's planforreopening.

Besuretoinclude, at minimum:

(1) whichemployees will beaskedtoreturn totheir dutystations and when;(2) whether leave andtelework flexibilities will still beavailable to employees, for howlong, andtowhatextent;(3) anyregionalized orlocalized planstoaccount forareasthatcontinue toseeanincrease inCOVID19cases;(4) anyestimates or timelines ofwhentheagencywill return allemployees tonormal dutystations.

TheU.S.Nuclear Regulatory Commission's (NRC)

COVID-19 Re-Occupancy Plan(NRC Re-Occupancy

Plan, seeEnclosure 2)wasinformed bythePresident's planforthe
country, "Opening UpAmerica Again,"1 andtheOffice ofManagement andBudget's (OMB) andtheOffice ofPersonnel Management's (OPM) accompanying
guidance, "Aligning Federal Agency Operations withtheNational Guidelines forOpening Up America Again"2 aswell asguidance from theCentersforDisease Control and Prevention (CDC).

TheNRCRe-Occupancy Plandetails thefactors tobeconsidered forgradual, phased re-entry oftheNRCworkforce into NRCbuildings.

TheNRCRe-Occupancy Planbalances thehealth andwelfareoftheNRCworkforce with continuing tofulfill theNRC'svital public health and safetymission.

Itreflects a

phased, gradual approach tobuilding re-occupancy, as well astheNRC'splanto maintain maximumtelework flexibilities toaddress local issues suchasclosures of schools andadult andchildcare facilities andtheavailability ofpublic transportation.

It alsoconnects there-occupancy phases toregional andlocal responses toCOVID-19 conditions.

TheNRCRe-Occupancy Plan,therefore,

hasbeen, and will continuetobe, implemented specific toeachNRClocation:

headquarters inRockville, MD,thefour regional offices (in Pennsylvania,

Georgia, lilinois, andTexas) andthe Technical Training Center inTennessee.

TheNRCanticipates eachofthese locations may operate under adifferent phaseatanygiven time.

TheNRCRe-Occupancy Plan reflects thestatus offacility access andtelework status ineachphase, aswell as other agencyactivities andservices, suchasparking, availability offood

services, and considerations related
totravel, meetings, andtraining.

TheNRCRe-Occupancy Planisaliving document duetothenovel anddynamic nature ofCOVID-19.

Therefore, itisflexible andallows theNRCtomoveforward orbackward through phases ateachNRCfacility, asState andlocal conditions warrant.

TheNRC Re-Occupancy Planpresumes that alimited groupofNRCstaff with mission-critical workthat canonlybeperformed onsite remain present atNRCfacilities throughout the duration oftheCOVID-19 public health emergency.

While theNRCnevercompletely closed itsbuildings

toaccess, mandatory telework wasimplemented forallnon-mission-critical functions inPhase0andearly inPhase1ofitsplan.

During this

time, approximately 98%oftheworkforce teleworked.

Theagency endedtheperiod of mandatory telework onJuly 12,2020.TheNRCRe-Occupancy Planprovides for expanded telework through Phase2andinto Phase3,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 will balance mission needswithemployee requests tocontinue totelework orreturn totheir dutystations.

Mostofourworkforce currently remains insomeformoftelework status.

TheNRChasissued written guidance toemployeesandregularly conducts employee briefings tocommunicate the telework andscheduleflexibilities included intheNRCRe-Occupancy Plan.

Bydesign, theNRCdoesnothaveaspecific planned datetomovetoPhase3,which would reflect a return tonormal operations.

Thatdatewill bedetermined byState and local conditions ateachNRCfacility.

Throughout allphases, theNRChascontinued to fulfill its mission.

2. Hasyouragency'splan forreopening beenmadepublicly available?

ifso,please provide theappropriate web address.

Ifnot,why?Willitbemadepublicly available inthenear future?

Hastheplanbeendistributed ormadeavailable to agencyemployees?

TheNRCRe-Occupancy Planhas not, todate,beenmadepublicly available.

The agency's planning efforts havebeenposted ontheNRC'spublic Facebook pageandthe phasestatus hasbeenupdated ontheagency's COVID-19 Webpageontheagency's public Website.3 TheNRCRe-Occupancy Plan ispostedontheagency's internal COVID-19 Webpageforemployees andisreferenced inavariety ofinternal communications.

3.Whowasresponsible fordeveloping youragency's reopening plan?

TheNRCExecutive Director forOperations (EDO) established a COVID-19 TaskForce, comprised ofNRCexecutives fromselect

offices, toaddressagency operations during thepublic health emergency.

TheCOVID-19 TaskForce created a Working Groupto ensurethat detailed information wasconsidered byexperts within the staff.

The Working Groupdeveloped theapplicable guidance related tore-occupancy

planning, as well asre-occupancy training.

TheNRCCOVID-19 TaskForce provideddirection tothe Working Groupandreviewed andprovided feedback onthere-occupancy planning efforts.

TheEDOapproved allplanning documents addressing re-entry into the workplace.

TheNRCChairman andCommissioners arekeptfully andcurrently informed oftheagency's plans.

a.Ifindividual offices within theagencyareresponsible fordeveloping their own

plans, howisagencyleadership involved inthatdecisionmaking process?

Who amongstagencyleadership isinvolved?

Individual offices that haveprepared specific planning documents havebasedthemon theoverall NRCRe-Occupancy Plandeveloped bytheNRCCOVID-19 TaskForce and Working Grouptoremain consistent withtheoverall plan.

TheNRCRe-Occupancy Plan addresses all NRCoffices andbuildings.

Theindividual offices report totheDeputy Executive Director forReactor andPreparedness

Programs, whoserves astheagency's point person forCOVID-19
matters, toensure consistency with theNRC'soverall plan foroperating during thepublic health emergency.

3 pgyp,UMW1&WMc@gyM9/

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4.

What wastheprocess fordrafting andapproving theplan?Whatdataand/or guidance wastakenintoconsideration whenpreparing theplan?

The NRC Re-Occupancy Planwasdrafted bytheNRCCOVID-19 TaskForce and Working Group basedonState andlocal considerations, aswellasconsiderations inthe President's "Opening UpAmerica Again" plan andonapplicable Federal

guidance, includingfrom CDC, OMB,andOPM.Thedraft planwasthencoordinated withsenior executives agencywide andsubmitted totheDeputy Executive Director forReactor and PreparednessPrograms for concurrence andtotheEDOforfinal approval.

5.Didyouragency submit its reopening planforconsultation,

review, orapproval by OMB?Ifso,towhom at OMB didtheagencysubmit itsplan?When?Whatwas OMB'sresponse?

No.Asanindependent agency, the NRCdevelopedandfinalized its planusing relevant State andFederal guidance toinform itsplan.TheNRCRe-Occupancy Planwas submitted toOMBonApril 27,2020, for information.

6.Didyouragencysubmit its reopeningplan forconsultation,

review, orapproval by theCenters forDisease Control andPrevention (CDC)? Ifso,towhomatCDCdid theagencysubmit itsplan?When?Whatwas CDC's response?

No.Asanindependent

agency, theNRCdeveloped and finalized its ownplan.

7.Didyouragencysubmit itsreopening plantoanyother guidance-issuing or centralmanagement

agencies, suchastheOffice ofPersonnel Management (OPM),

theDepartment ofHomeland Security (DHS),

orthe General Services Administration (GSA),

forconsultation,

review, orapproval? If so, towhomdid youragencysubmit itsplan?When?Whatwastheresponse?

No.Asanindependent

agency, theNRCdeveloped andfinalized its own plan.

8.Towhatextent didyouragencyconsult withitsbargaining units ornational union representatives whendeveloping itsreopening plans?Please describe any such communication youragencyhad.

TheNRCRe-Occupancy Planwasprovided tolocal union representatives prior toits implementation.

Thisplananditsimplementation arediscussed inweekly meetings with bothnational andlocal unionrepresentatives.

9.Doanyofyouragency's current collective bargaining agreements require thatthe agencyparticipate inpost-implementation bargaining?

Ifso,please describe your agency's timeline forengaging inpostimplementation bargaining.

TheNRC'scollective bargaining agreement, Article 35.5, includes aclause that states that inthecaseofanoperational necessity (i.e.,

during anemergency orconsistent with thenecessary functioning oftheagency),

theNRCshall advise theunion inwriting ofthe nature ofthenecessity andprovide theunionwith asmuchreasonable advance notice oftheintended change aspracticable, andtheunion maypursue whatevercourse(s) of action asmaybeavailable underthelaw,rule, orregulation.

Theunionhas10working 3

daysfromreceipt ofthenotice inwhich toinvoke itsright tonegotiate theproposed change(s).

10.Has your agencydetermined thatgating criteria havebeenmetforanyofthe agency's employees?

Ifso,forwhichemployees hasthegating criteria been met?

What datawasusedtomakethisdetermination?

TheNRCRe-Occupancy Plandoesnotinclude employee-specific gating criteria.

Instead, it provides for facility-specific re-occupancy phaseddecisions andisprimarily focused ontheState andlocal conditions ateachNRCfacility.

11.Whohastheultimate responsibility fordeciding toopenregional orfield offices throughout thecountry?

How arelocal orregional officials beingconsulted in thisprocess?

TheEDOisresponsible for implementing theNRCRe-Occupancy Plan,andformoving facilities either individually ortogether (asappropriate) into eachre-occupancy phase.

TheNRCCOVID-19 TaskForce and Working Groupprovide recommendations tothe EDObasedonpublished State andlocal conditions foreachfacility.

Pursuant tothe Reorganization PlanNo.1of1980, ultimate responsibility forallpolicy decisions atthe NRCrests withtheCommission.

12.Howareemployees classified as"essential" workers?

Whomakesthis determination?

Canaposition bedeemed"essential" afterbeingpreviously classified asnonessential?

TheNRChasnotclassified employees asessential ornon-essential workersduring the COVID-19 public health emergency.

However, theNRCRe-Occupancy Planpresumes that asmall number ofemployees will perform mission critical work that canonlybe conducted on-site during thepublic health emergency.

13.Howwill youragencyreopening plansbealtered, adjusted orrolledback ifthere arelocal spikes inCOVID-19 casesorchangesindirections fromstate or local leaders?

Whowill beresponsible formakingthisdecision?

lfState andlocal conditions intheareaofanyNRCfacility

warrant, theCOVID-19Task
Force, with thesupport oftheWorking
Group, will recommend aphasechange for that facility totheagency's point person forCOVID-19, theDeputy Executive Director for Reactor andPreparedness Programs.

14.isyouragencytracking thenumberofCOVID19casesamongagency employees?

ifso,please provide thenumberofemployees affected todate,and whether anyspecific regions oroffices havebeenparticularly affected.

TheNRCistracking thenumberofreported COVID-19 casesamongagency employees.

TheNRCisawareof12NRCemployees whohavetested positive for COVID-19 asofAugust 11,2020.NRCemployees areonly required toreport positive testresults forCOVID-19 totheNRCiftheyhavebeeninanNRCfacility within 14days oftesting positive forCOVID-19.

a. Ifyouragencyistracking thenumberofCOVID-19 casesamongemployees, does 4

theagencyreport thesenumbers toanyotheragency, suchasOMB,CDC,DHS, OPM, orGSA?

Yes.

TheNRCreports totheGeneral Services Administration (GSA) aswell asto agency employees thenumberofreported COVID-19 casesamongemployees who have been inanNRCfacility within 14daysoftesting positive forCOVID-19.

15.Whats~teps have youtaken tolimit COVID19exposure foremployees whomust interact with the public during thepandemic, either through field visits outside the office orbymembers ofthepublic visiting agencyfacilities?

Please besureto include whatpersonal protective equipment (PPE),

ifany,theagencyprovides to theseemployees.

a.Whatrequirements are you placing onindividuals entering facilities wherefederal employees work?Areyou requiring temperaturechecks?Masks?

TheNRChassupplied personal protective supplies (e.g.,

facecoverings, gloves) to employees inthefield, suchasinspectors, asneeded.

Currently, visitors toNRC facilities arelimited.

Visitors mustbe pre-approved andapproval isbaseduponmission need.NRCemployees visiting licensed facilities arerequired tocomply with licensees' health andsafety requirements, including temperature

checks, health screening questions, andfacial covering requirements.

TheNRCcurrently requires that face coverings be worn insideall NRCfacilities inall areas wheresixfeet ofsocial distancing cannot bemaintained, suchashallways, meeting

spaces, elevators, stairwells, andother common areas.

InPhase1oftheNRC Re-Occupancy Plan,individuals entering NRCfacilities are subject toanaccess screening involving ano-contact temperature checkandscreening questions.

Currently, NRCregional offices inGeorgia andTexasandtheTechnicalTraining Centerin Tennessee areinPhase1 inPhase2,individuals areasked toself-screen before entering anNRCfacility.

Inaddition, theNRCrequired all buildingoccupants to complete NRCRe-Occupancy Training before July 1,2020.

16.Howisyouragencymodifying office spacestocomplywithCDCsocial distancing guidelines?

Hasyouragencyconsulted withGSAonthismatter?

TheNRCdetermined, basedoninformation provided byGSA,thatitisnotnecessary at this timetomodify standard office spaces tocomply with social distancing guidance.

Accommodations arebeing madeforshared office spaces tocomply withCDC

guidance, including guidance onsocial distancing.

17.Howdoesyouragencyplantosupport employees whoneedadditional leave and telework flexibilities tocarefordependents orother family members?Howisthis policy beingcommunicated toemployees?

TheNRCRe-Occupancy Planincludes maximumtelework flexibilities that allow employees withportable worktocontinue

telework, asappropriate, during thepublic health emergency.

Italsoallows employees touseflexible workschedules, available Mondaythrough Saturday (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> aday,sixdaysperweek) toaccommodate COVID-19 related needs.Inrare instances, whenthefull useofworkschedule flexibilities donotcompletely accommodate anemployee's needs,supervisors are authorized toapprove upto10hours ofexcused absence perweektooffset theamount 5

ofpersonalleave that anemployee wouldotherwise use.TheNRChasissued written guidance andregularly conducts employee briefings tocommunicate theleave and telework flexibilitiesprovided bytheplan.

18.

Does your agencyrequire employees todotemperature checks toenterwork spaces?

Areemployees required towearmasksinsharedoffice spaces?

a.If employees arerequiredtowearmasksinshared office

spaces, isyouragency providing masks toemployees?

TheNRCconducts occupant accessscreening, whichincludes a no-contact temperature check and screening questions, forfacilities that areinPhase1 Employees arerequested toself-screen before coming toworkinfacilities that arein Phase2.TheNRCrequires facecoveringstobeworninall areasinNRCfacilities wheresixfeet ofsocial distancing cannotbemaintained (e.g.,

hallways, meeting
areas, stairwells, elevators, andother common areas) during Phases1and2.Theagency is currently providing cloth facialcoverings uponrequest toemployees uponarrival atNRC facilities.

19.Whatprotocols areinplacefor alerting agency employeesaboutpossible contact withCOVID19?Forexample, ifanemployee showssymptomsof,ortests positive

for, COVID19,doestheagencydo any contact tracing aroundthat employee?

While theNRCdoesnotdoformal contact tracing,the agency doeshavethefollowing process inplace.

Uponlearning that anemployee has tested positive, anassessment is conducted todetermine howrecently theindividual wasin an NRC buildingandwhat areaswerevisited.

Theagency thennotifies theentire workforce ofthis occurrence, without divulging theemployee's nameorother identifying information.

Specific notifications tooccupants ofthebuilding whomayhavebeeninclose contact with the individual aremade,iftheemployee whotested positive for COVID-19 had beenthere within 14daysprior totesting positive.

20.Howdoesyouragencyprocure PPE?Howdoesyouragencymakedecisions aboutdistributing PPEtofield offices acrossthecountry?

TheNRCprocures personal protective supplies (e.g.,

cloth facecoverings, gloves,hand sanitizer, andsanitizing wipes) through acombination ofpurchase card,GSASchedule, andInteragency Agreements.

Theitems aredistributed basedonneedthrough close coordination withallNRCfacilities andlicensed sites whereNRCresident inspectors are assigned.

TheNRCisnotcurrently procuring PPE,suchasrespirators orcoveralls.

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