ML20212F354
| ML20212F354 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-52FR10033, REF-10CFR9.7 AA50-2-100, M870212C, NUDOCS 8703050071 | |
| Download: ML20212F354 (13) | |
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L IN RESPONSE, PLEASE REFER TO:- i4870212C -
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'o UNITED STATES NUCLEAR REEULATORY COMMISSION M[
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WASHINGTON, D.C. 20555
%,,,,, #',8 February 27, 1987 OFFCE OF THE SECRETARY MEMORANDUM FOR:
Victor Stello, Jr.
Executive Director for Operations William C. Parler, General Counsel FROM:
uel J. Chilk, Secretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:30 P.M., THURSDAY, FEBRUARY 12, 1987, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-86-380 - Material Control and Accounting Requirements for Facilities Licensed to Possess and Use Formula Quantities of Strategic Special Nuclear Material The Commission, by a vote 5-0 vote, approved amendments to 10 CFR Parts 70 and 74 and authorized publication of the final rule in the Federal Register, subject to the modifications noted on.
Commissioner Asselstine noted that:
it would seem that the intent of S74.51(d) (2) in requiring bimonthly tests during the initial phases of implementing the new FNMC plan is to serve as a check on the workings of the new plan.
However, S74. 51 (c) (2) does not require implementation of the plan until 90 days following staff approval.
Therefore, the requirement of S74. 51 (d) ( 2) for bimouthly inventories for six months following staff approval of the plan may result in only one physical inventory to serve as the check.
This would seem to be an insufficient test of those licensees that have little or no experience with process monitoring for safe-guards purposes.
I believe a minimum of three bimonthly inventories should be required for such licensees."
The revised rule should be forwarded for signature and publication in the Federal Register.
(EDO)
(SECY Suspense:
3/23/87) 87030500,71 570227 Mh locFh P71.7 M
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< 1 II.
SECY-87 October 20, 1986 Order to Show Cause--Northern States Power Company The Commission, by a 3-2 vote, approved an order in the matter of Northern States Power Company which directs the NRC staff to file with the Commission and serve on petitioners and licensees a detailed explanation of the health and safety basis for the October 20, 1986 show cause order issued by the staff.
Chairman Zech and Commissioner Carr disapproved the order.
They believe that the enforcement process should take its normal course by assigning an Administrative Law Judge or Hearing Board to conduct the requested hearing.
(Subsequently, on February 13, 1987, the Secretary signed the Order.)
III.
SECY-86-348 - Final Rulemaking for Revisions to Operator Licensing - 10 CFR 55 and Conforming Amendments The Commission, by a 5-0 vote, approved publication of final rules on operator licensing which revise 10 CFR 55, 10 CFR 50 and three associated regulatory guides.
The Commission (with Chairman Zech and Commissioners Asselstine and Carr agreeing) also approved Option A of the EDO's January 5,
1987, memorandum,-as modified by Commissioner Carr.
Option A ds modified would require the NRC to exataine all licensed operators on a random basis so that no operator will go longer than six years without_being examined by the NRC once an initial six year license is issued.
Commissioner Bernthal would have combined the elements of Option A and B in the rule to indicate that the Commission would examine operators every six years unless the licensee demonstrates the~ ability to conduct a high quality exam program.
Commissioner Roberts did not approve Option A, he would have preferred Option C which would continue with the present program of limited NRC requalification exami-nations to evaluate licensees requalification programs.
Commissioners Asselstine and Bernthal would also have required plant-referenced simulators.
Commissioners Asselstine and Bernthal will have additional views to be published with the rule.
-.. 'i You should revise the final rule to include Option A, modified to indicate that the Commission will administer requalification written examinations and operating tests on a random basis so that no operator will go longer than six years without being examined by the NRC.
The attached editorial changes to pages 1, 2,
19, 29, 30, 31 and 45 should also be incorporated.
The revised rule should be forwarded for signa::ure and publication in the Federal Register.
(EDO)
(SECY Suspense:
3/23/87)
Attachment:
As stated cc:
Chairman Zech Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissio'ner Carr Commission Staff Offices PDR - Advance DCS - 016 Phillips v
.g.
ATTACHMENT 1
-1.
Paragraph 74.51(d) of the final rule is not very clear as written and may-result in disagreements between the licensee and staff concerning implementation dates. For example:
(a) Paragraph (d)(1) refers to an 18 month delay. The rule should clearly state from what point in time this 18 month period is measured.
(b) The intent of paragraph (d)(2) is not clear. How is the disjunctive "or" used in line 3, i.e. if acceptable performance is not demonstrated within 6 months, are semiannual inventories nonetheless authorized?
- 2. [ Editorial] Item S on page 12 should be changed to read:
"Section 74.51(c) has been modified to provide flexibility in the timing of the implementation of the new rule by licensees".
l
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[7590-01]
q NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 55 Operators' Licenses and
- Conforming Amendments
. AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SuleARY:
The Nuclear Regulatory Commission is amending its regulations to (1) clarify the regulations for issuing licenses to operators and senior operators; (2) revise the requirements and scope of written examinations and operating tests for operators and senior operators, including a requirement for a simulation facility; (3) codify. procedures for administering requalification,
examinations; and (4) describe the form and content for operator license appli-I cations.
The rule is necessary to meet NRC responsibilities under Section 306 of the Nuclear Wasta Policy Act of 1982.
DATES:
Effective Date:
[60 days after Federal Register publication date]
1 Public Meeting Date:
A Public meeting will be held to discuss implementation
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of the requirements of this rule approximately 30 days after the publication date of this rule.
Notice of this meeting will be published approximately 2 weeks in advance of the meeting.
I ADDRESSES: paart6e ckground information for the rule that includes a copy of the regulatory analysis, the supporting statement for the Office of l
Management and Budget clearance of the informatica collection requirements, l
Regulatory Guides, ANSI /ANS standards, NUREG-series documents, other documents
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discussed in this notice, and reports that conta'n a detailed analysis of the public comments received during the public comment period and their resolution at the NRC Public Document Room, 1717 H Street, NW., Washington, D.C.
q Es W & b Enclosure A 1
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[7590-01]
a.
nh+4--dsinglecopyofthereportsconcerningpubliccommentsfromChief, Operator Licensing Branch,,0ffice of Nuclear Reactor Regulation, U.S. Nuclear RegulatoryCommission,Wgington,D.C.20555, Telephone: 301-492-4868.
FOR FURTHER INFORMATION CONTACT:
Chief, Operator Licensing Branch, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: (301) 492-4868.
e I
l i'nclosure A 2
[7590-01]
.. q J.
Editorial Many commenters had non-substantive editorial changes to suggest.
These comments were reviewed by an NRC technical editor and incorporated as appropriate.
K.
Conformino Amendments A conforming amendment, 10 CFR 50.74, requires the facility licensee to notify the Commission of a change in operator status. This amendment complements 9 55.53(g).
L.
Revision to 10 CFR 50.54 and 10 CFR 50.34(b)(8)
Revisions have been made to 10 CFR 50.34(b)(8) and 50.54 to reflect the changest made to 10 CFR Part 55.
III.
REGULATORY ANALYSIS The regulatory analysis describes the values (benefits) and impacts (costs) of implementing the proposed regulations and guidance for operator licensing.
The accuracy of these estimates in the regulatory analysis is limited by the lack of extensive data on human performance improvement associated with an im-proved licensing process. Where possible, quantitative measures were qualita-tively compared to related information from other sources for verification.
l The full text of the regulatory analysis on these amendments is available for inspection in the NRC Public Document Room, 1717 H Street NW., Washington, DC.
Single copies of the analysis may be obtained from Chief, Operator Licensing Branch, telephone:
(301) 492-4868.
IV.
BACKFIT ANALYSIS
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The Commission has determined that these rules are in response to Section 306 of the Nuclear Waste Policy Act of 1982 and, therefore, @ jexempt from the backfit rule 10 CFR 5 50.109 (50 FR 38097).
P Ny-l Enclosure A 19
(7590-01]
- 9 V.
REGULATORY GUIDES Three regulatory guides were published in draft form for public cerament in conjunction with the proposed rule.
These guides were intended to provide guid-ance on acceptable methods of implementing the revisions to the regulations.
As a result of public comment and additional staff review, these three guides are being issued in final form:
R.G.1.134, Revision 2, " Medical Evaluation of Licensed Personnel for 4
(1)
Nuclear Power Plants."
R.G.1.149, Revision 2, " Nuclear Power Plant Simulation Facilities (2) for Use in Operator License Examinations."
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R.G. 1.8, Revision 2 " Qualification and Training of Personnel for (3)
Nuclear Power Plants."
Copies of these guides may be purchased from the Government Printing Office Information on current GPO prices may be obtained at the current GPO price.
by contacting the Superinte'ient of Documents, U.S. Government Printing Office Post Office Box 37082, Washington, DC 20013-7082, telephone (202)275-2060 or (202)275-2171.
VI.
ENVIRONMENTAL IMPACT:
CATEGORICAL EXCLUSION The NRC has determined that this regulation is the type of action described Therefore, neither an environmen-in categorical exclusion 10 CFR 51.22(c)(1).
tal impact statement nor an environmental assessment has been prepared for regulation.
VII.
PAPERWORK REDUCTION ACT STATEMENT This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
These paper-work requirements were approved by the Office of Management and Budget number 3150-0018.
20 Enclosure A
[7590-01]
y 5 55.13 General exemptions.
The regulations in this part do not require a license for an individual who --
(a) Under the direction and in the presence of a licensed operator or senior operator, manipulates the controls of --
(1) A research or training reactor as part of the individual's training as a student or (2) A facility as a part of the individual's training in a facility licensee's training program as approved by the Commission to qualify for an operator license under this part.
(b) Under the direction and in the presence of a licensed senior operator, I
manipulates the controls of a facility to load or unload the fuel into, out of, or within the reactor vessel.
Subpart C -- Medical Requirements
$ 55.21 Medical examination.
An applicant for a license shall have a medical examination by a physician.
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A licensee shall have a medical examination by a physician every two years.
The physician shall determine that the applicant or licensee meets the I
requirements of $ 55.33(a)(1).
$ 55.23 Certification.
To certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign Form NRC-396, " Certification i
of Medical Examindion by Facility Licensee," available from Publication Ser-vices Section, Document Management Branch, Division of Technical Information and Document Control, U.S. Nuclear Regulatory Commission, Washington, DC 20555, D -d : t it it te tr,e.py ep.iete % :..i Au,inin reiu. ;;sp-* 4d 4 fg H
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[7590-01]
- 4 (a) Form NRC-396 must certify that a physician has conducted the medical ex-amination of the' applicant as required in 5 55.21.
(b) When the certification requests a conditional license based on medical evidence, the medical evidence must be submitted on NRC Form 396 to the Com-mission and the Commission then makes a determination in accordance with 5 55.33.
I 5 55.25 Incapacitation because of disability or illness, s
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If, during the term of the license, the licensee develops a physical or mental
' condition that causes the licensee to fail to meet the requirements of 9 55.21 1
' of this part, the facility licensee shall notify the Commission within 30 days
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of learning of the diagnosis.
For conditions for which a conditional license s
(as described in S 55.33(b) of this part) is requested, the facility licensee.
shall provide medical certification on Form NRC 396 to the Commission (as
!describedin555.23ofthispart).
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5 55.27 Documentation.
h The facility licensee shall document and maintain the results of medical quali-k fications data, test results, and each operator's or senior operator's medical history for the current license period and provide the documentation to the Commission upon request.
The facility licensee shall retain this documentation while an individual performs the functions of an operator or senior operator.
Subpart 0 -- Aoolications 5 55.31 How to apply.
(a) The applicant shall:
i (1) Complete Form NRC-398, " Personal Qualification Statement - Licensee,"
available from Publication Services Section, Occument Management Branch, Division of Technical Information and Document Control, i
U.S. Nt. clear Regulatory Commission, Washington, DC 20555; 1
Enclosure A 30
[7590-01]
't (2) File an original and two copies of Form NRC-398, together with the information required in paragraphs (a)(3), (4), (5) and (6) of this section, with the appropriate Regional Administrator;
-(3) Submit a written request from an authorized representative of the facility licensee by which the applicant will be employed that the written examination and operating test be administered to the.
applicant; (4) Provide evidence that the applicant has successfully completed the facility licensee's requirements to be licensed as an operator or senior operator and of the facility licensee's need for an operator or a senior operator to perform assigned duties.
An authorized repre-sentative of the facility licensee shall certify this evidence on Form NRC-398.
This certification must include details of the appli-cant's qualifications, and details on courses of instruction adminis-tered by the facility licensee, and describe the nature of the train-ing received at the facility, and the startup and shutdown experience received.
In lieu of these details, the Commission may accept certi-fication that the applicant has successfully completed a Commission-i T
approved training program that is based on a systems approach to training and that uses a simulation facility acceptable to the Commission under 5 55.45(b) of this part; 1
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(!,) Provide evidence that the applicant, as a treinee, has successfully manipulated the controls of the facility for which a license is sought.
At a minimum, five significant control manipulations must be performed which affect reactivity or power level.
Forafaciligthathasnot completed preoperational testing and initial as d Wcribed in its Final Safety Analysis Report as amended and approved by the Commission, the Commission may accept evidence of satisfactory per-formancr of simulated control manipulations as part of a Commission-approved training program by a trainee on a simulation facility acceptable to the Commission under 9 55.45(b) of this part.
For a facility which has (1) completed preoperational testingsas described I
in its Final Safety Analysis Report as amended ar.d app oved by the i
n ~ u., ki+
Enclosure A 31
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[7590-01]
'N Commission, and (2) is in an extended shutdown which precludes manipu-I lation of the control of the facility in the control room, the i
Commission may process the application and may administer the written examination and operating test required by 55 55.41 or 55.43 and 55.45 of this part, but may not issue the license until the required evidence of control manipulations is supplied.
For licensed opera-tors applying for a senior operator license, certification that the operator has successfully operated the controls of the facility as a licensed operator shall be accepted; and (6) Provide certification by the facility licensee of medical condition and general health on Form NRC-396, to comply with SS 55.21, 55.23 and 55.33(a)(1).
)
(b) The Commission may at any time after the application has been filed, and I
before the license has expired, require further information under oath or af-firmation in order to enable it to determine whether to grant or deny the ap-plication or whether to revoke, modify, or. suspend the license.
(c) An applicant whose application has been denied because of a medical condi-i tion or general health may submit a further medical report at any time as a supplement to the application.
(d) Each application and statement must contain complete and accurate disclo-sure as to all matters required to be disclosed.
The applicant shall sign statements required by paragraphs (a)(1) and (2) of this section.
$ 55.33 Disposition of an initial application.
(a) Requirements for the approval of an initial application.
The Commission will aoprove an initial application for a license pursuant to the regulations in this part, if it-finds that --
(1) Heal th.
The applicant's medical condition and general health will not adversely affect the performance of assigned operator job duties Enclosure A 32
l.ih0-i.
The licensee shall complete a requalification program as described by 1
(h)
$ 55.59.
The licensee shall.have a biennial medical examination.
(1)
The licensee shall comply'with any other conditions that the Commission (j) may impose tc protect health or to minimize danger to life or property.
S 55.55 Expiration.
Each operator license and senior operator license expires six years (a) after the date of issuance, upon termination of employment with the facility L
licensee, or upon determination by the facility licensee that the licensed individual no longer needs to maintain a license.
If a licensee files an application for renewal or an upgrade of an exist-(b) ing license on Form NRC-398 at least 30 days before the expiration of the ex-isting license, it does not expire until disposition of the application for renewal or for an upgraded license has been finally determined by the Commis-Filing by mail or telegram will be deemed to be complete at the time the sion.
application is deposited in the mail or with a telegraph company.
$ 55.57 Renewal of licenses.
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(a) The applicant for renewal of a license shall --
Complete and sign Form NRC-398 and include the number of the license (1)
.for which renewal is sought.
File an original and two copies of Form NRC-398 with the appropriate (2)
Regional Administrator specified in S 55.5(b).
Provide written evidence of the applicant's experience under the ex-(3) l' he approximate number of hours that the licensee h isting license operated the facility,dthe number of 8-hour or 12-hour shiftsy (falendar quarter;j ma, b Y*
g is,e addibe"k 45 Enclosure A
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