ML20216F480

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Forwards Appropriate Documents Which Comprise Regulatory History for Proposed Rule 10CFR55, Initial Licensed Operator Exam Requirements
ML20216F480
Person / Time
Issue date: 09/04/1997
From: Tovmassian H
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20216F483 List:
References
FRN-62FR42426, RULE-PR-55 AF62-1-001, AF62-1-1, SECY-95-075-R, SECY-95-75-R, SECY-96-206-R, SECY-97-079-R, SECY-97-79-R, NUDOCS 9709120004
Download: ML20216F480 (4)
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MEMORNIDUM T0: Nuclear Document System (NUDOCS)

Mail Stop - OWFN Pl-17 THRU: Sher Bahadur, Acting Chief Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research FROM: Harry S. Tovmassian Regulation Development Branch

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Division of Regulatory Applications Office of Nuclear Regulatory Research

SUBJECT:

REGULATORY HISTORY INDEX FOR 10 CFR PART 55 Enclosed are the appropriate documents which comprise the Regulatory History

'for the proposed rule, entitled " Initial Licensed Operator, Examination Requirements." This rulemaking amends 10 CFR 55 of the Commission's regulations to require power reactor facility licensees to prepare the entire initial examination for reactor operators and senior reactor operators and.to proctor and grade the written portion of the examination. The notice was .

published in the Federal Reaister on Thursday. August 7,1997 (62 FR 42426).

Upon completion of your processing of these documents, please return them to me at MS:T-9-F31. Please provide me with two copies of the Regulatory History Index printout when it is completed.

Enclosures:

1. Regulatory History Index
2. Regulatory History Documents cc: RAuluck, DRA (

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1 REGULATORY HISTORY INDEX

1. Commission Paper from James M. Taylor, Executive Director for Operations, for the Commissioners, dated March 24, 1995, entitled, " Proposed Changes to the NRC Operator Licensing Program " SECY-95-075.
2. Memorandum from John T. Hoyle, Secretary to the Commission for James M.

Taylor, Executive Director for Operations dated July 23, 1996, entitled

" Staff Requirements - Briefing on Status of NRC Operator Licensing Initial Examination Pilot Process, Tuesday, June 18,1996, Commissioners Conference Room, One White Flint North, Rockville, Maryland, (0 pen to the Public)."

3. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory Research to James Lieberman Office of Enforcement, et. al.,

dated August 26, 1996, entitled "Rulemaking Plan - Changes to 10 CFR 55

- Amending Initial Operator License Examination Requirements."

4. Memorandum from David L. Morrison, Director Office of Nuclear Regulatory Research to William T Russell date August 30, 1996, entitled "Rulemaking Plan - Changes to 10 CFR 55 - Amending Initial Operator License Examination Requirements."
5. Memorandum from David L. Morrison, Director Office of Nuclear Regulatory Research for James M. Taylor, Executive Director for Operations, dated September 9,1996, entitled, "Rulemaking Plan - Changes to 10 CFR 55 -

Amending Initial Operator License Examination Requirements."

6. Memorandum from Stuart Treby, Assistant General Counsel for Rulemaking and Fuel Cycle, for David Morrison, Director Office of Nuclear Regulatory Research dated September 3,1996, entitled "No legal Objection to Rulemaking Plan for Amendment of 10 CFR Part 55 to Change Licensed Operator Examination Requirements."
7. Commission Paper from James M. Taylor, Executive Director for Operations for the Commissioners dated September 25, 1996, entitled "Rulemaking Plan for Amendments to 10 CFR Part 55 to Change Licensed Operator Examination Requirements."
8. Memorandum from John C. Hoyle, Secretary to the Commission for James M.

Taylor, Executive Director for Operations dated December 17, 1996, entitled "Rulemaking Plan for Amendments to 10 CFR Part 55 to Change Licensed Operator Examination Requirements."

9, Memorandum from Michael T. Lesar, Chief Rules Review and Directive Branch for Harry Tovmassian, Office of Nuclear Regulatory Research, dated January 16, 1997, entitled " Review of Proposed' Rule Entitled

" Initial Licensed Operator Examination Requirements.""

10. Memorandum from Brenda Jo. Shelton, Chief Information and Records Management Branch for Thomas Martin, Chief Regulatory Development Branch, dated January 22, 1997, entitled "10 CFR 55, Initial Licensed Operator Examination Requirements, Proposed Rule."

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11. Memorandum from Brenda Jo. Shelton, Chief Information and Records Management Branch for Alzonia Shepard, Rules Review and Directives Branch, dated January 22, 1997, entitled " Request for Comment and Concurrence on the proposed Rule, 10 CFR Part 55, Initial Licen:ed Operator Examination Requirements."
12. Memorandum from David L. Morrison, Director Office of Nuclear Regulatory Research for Samuel J. Collins, Director Office of Nuclear Reactor Regulation, et. al., dated March 4,1997, entitled " Proposed Rule -

Initial Licensed Operator Examination Requirements, Amendments to 10 CFR Part 55."

13.. Memorandum from David L. Meyer, Chief, Rules Review and Directives Branch for David L. Morrison, Director Office of Nuclear Regulatory Research, dated March 10, 1997, entitled " Office Concurrence on Proposed Rule Entitled " Initial Licensed Operator Examination Requirements.""

14. Memorandum from Brenda Jo. Shelton, Chief Information and Records Management Branch for Thomas Martin, Chief Regulatory Development Branch, dated March 10, 1997, entitled "10 CFR 55, Initial Licensed Operator Examination Requirements, Proposed Rule."
15. Memorandum From Hubert T. Bell, Inspector General, to David L. Morrison, Director, Office of Nuclear Regulatory Research, dated March 14, 1997, entitled " Proposed Rule: Initial Licensed Operator Examination Requirements, Amendments to 10 CFR 55."
16. Memorandum from Samuel J. Collins, Director Office of Nuclear Reactor Regulation for David L. Morrison, Director, Office of Nuclear Regulatory Research, dated March 18, 1997, entitled " Proposed Rule - Initial Operator Examination Requirements, Amendments to 10 CFR Part 55."
17. Memorandum from John T. Larkins, Executive Director Advisory Committee  !

on Reactor Safeguards for, dated March 25, 1997, entitled " Proposed Amendments to 10 CFR Part 55, " Initial Licensed Operator Examination Requirements.""

18. Memorandum from David L. Morrison, Director, Office of Nuclear Regulatory Research for L. Joseph Callan, Director Office of Nuclear Reactor Regulation, dated March 26, 1997, entitled " Proposed Rule to Amend 10 CFR Part 55, Initial Operator Examination Requirements, WITS-9500056."
19. Commission Paper from L. Joseph Callan, Executive Director for l Operations for the Commissioners, dated April 8,1997, entitled " Proposed Rule - Initial Licensed Operator Examination Requirements."
20. Memorandum from John C Hoyle, Secretary to the Commission for L. Joseph Callan, Executive Director for Operations and Karen D. Cyr, General  !

Counsel, dated June 26, 1997, entitled " Staff Requirements - SECY-97-079

- Proposed Rule - Initial Licensed Operator Examination Requirements."

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21. . -Memorandum from Sher Bahadur, Acting Chief Regulation Development. Branch for David L. Meyer, Chief Rules Review and Directives Branch, dated July 25. -1997, entitled " Implementation of Direction From the i Commission: Proposed Rule."

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(*..... P V R. SRichards OF FICE OF THE NUBIIlhkI SECRETARY IN RESPONSE, PLEASE REFER TO: M960618A July 23, 1996 MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: C. Hoyle, Secretary V

SUBJECT:

STAFF REQUIREMENTS - BRIEFING ON STATUS OF -

NRC OPERATOR LICENSING INITIAL EXAMINATION PILOT PROCESS, TUESDAY, JUNE 18, 1996, COMMISSIONERS' CONFERENCE ROOM, CNE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO -

PUBLIC ATTENDANCE)

The Commission was briefed on the results of the pilot program that allowed NRC licensees to develop and write operator licensing exams with NRC review.and approval.

The Commission requested that the staff develop a detailed rulemaking plan to justify changes that may be necessary to 10 CFR Part 55, Operators' Licenses, to require that power reactor facility licensees draft the operator licensing examinations in accordance with NUREG-1021. Along with the rulemaking plan, the '

staff should provide the following items:

1. A thorough discussion that addresses the potential impact of the proposed operator licensing rule on licensees and why this impact on nuclear facilities does not constitute a backfit.
2. A discussion of the degree of acceptance by facility licensees of this new approach to operator licensing.
3. A comprehensive discussion of the pros and cons, and vulnerabilities associated with proceeding with the operator licensing plan industry wide. The review should include, but not be limited to, a review of the impact on licensee cnd NRC resources, the potential effects on reactor safety, the impact of proposed NUREG-1021 revisions, potential public perceptions, and concerns raised by staff members with this approach.

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4. The results of initial operator licenbe exr.ms that have been given both under the pilot program and under the present program since SECY-96-123 was prepared. The results should also discuss any trends observed.
5. A dircussion of industry commento received on draft NUREG-1021, Revision 8, an explanation of the staff's reopense to those comments, and a justification for subsequent proposed changes to the operator licensing program.
6. An explanation of enhancements to the new licensing examination process resulting from the review and feedback from the pilot program results.

(rmk (NRR/RES) (SECY Suspense: 9/ f96) 9500056 The Commission does not intend to make a decision on implementation of the revised examination process on an in6ustry wide basis until the rulemaking plan and responses to the additional items listed above are reviewed. Pending a final Commission decision on the revised process the staff should continue the pilot program. It is anticipated that the Commission will receive the rulemaking plan promptly and the staff should not plan to continue the pilot program beyond July It97.

cc: Chairman Jackson Commissioner Rogers Commissioner Dieus OGC OCA DIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-24

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.,% o ..*, , Meyer, ADM l ornet ce tHe Shelton, IRM j stenstAny Richards, NRR j A 5 4 1.- I

  • P o it, j MEMORANDUM TO: James M. Taylor Execu ve,Di ector for Operations

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, PROM Joh / . Hoyl , Secretary

SUBJECT:

ST PF REQUIREMENTS - SECY-96-206 - RULEMAKING PLAN FOR AMENDMENTS TO 10 CPR PART 55 TO CilANGE LICENSED OPERATOR EXAMINATION REQUIREMENTS F

The Commission has approved the staff's rulemaking plan to establish new procedures for the preparation and administration ,

of initial examinations for power reactor operators. The Commission also approved implementation of Revision 8 of NUREG-1021 on a voluntary basis until the rulemaking is complete. The revised press release,-as attached, should be issued to announce the agency plans in this matter. i The headquarters staff should evaluate, on a continuing basis, a [

sampling of examinations-developed under the new examination procedure and the quality of the Regional Operator Licensing i Program to ensure that the quality of examinations is maintained. ,

Further, the Statements of Consideration for the rule should specifically describe (1) the continuing NRC involvement and l oversight in approving site specific initial operator licensing .

examinations -- written, dynamic simulator, and plant walk through; and (2) the complet9 NRC control over administration of y 4

the-dynamic simulator and plan.t walk through examinations. The l press release should reflect the Commission's decision to proceed with rulemaking and should similarly describe the NRC's control over the licensed operator examination process.

The staff should continue to monitor pilot program results and present~the most current data to the Commission with the proposed ,

and final rulemaking packages. If additional experience gained during the remainder of-the voluntary pilot. program together with insights gained as a result of the rulemaking process suggest ,

SECY NOTE: THIS SRM, SECY-96k206, AND THE COMMISSION VOTING t RECORD CONTAINING THE VOTE SHEETS OF ALL i COMMISSIONERS WILL DE MADE PUBLICLY AVAILABLE 5 WORKING DAYS PROM THE DATE OF THIS SRM.

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that this may not be the appropriate direction to take, the Commission should be informed of such resulto in order to reconnider its position prior to approving the final rule. i (EDO) (RES/NRR) (SECY Suspenne: 2/21/97) 9500056 The proposed examination process is dependent upon the abilities of the NRC Chief Examinera to identify weak examinations and to work with facility licenseca to maintain examination quality.

Maintaining examinor proficiency in these matters in of paramount importance and should be reflected appropriately in the staff procedures and by the budgeting of adequate resources every year.

The staff should draft at least one initial operator licensing examination per region per calendar year to aid in maintaining proficiency in examination writing, to aid in training of new examinern, and to serve an a quality check. The staff should also regularly convene, on intervalo not to exceed 24 months, operator licensing examiner conferences and refresher training nonaionn, to sustain and improve examiner proficiencies in the relevant technical and communication skilla.

Once the final rule is in place, the staff should provide the Commission with an annual update of experience with the new examination procedure and the results of headquarters oversight of examination development.

(SECY Suspence:

(EDO) (NRR) Annually, after approval of final rule) 9600191

Attachment:

Ao stated cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commianioner Diaz commissioner McGaffigan OGC OCA OIG Office Directoro, Regions, ACRS, ACNW, ASLDP (via E-Mail) l l

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COMMISSION APPROVES RULEMAKING PLAN FOR UTILITY ROLE IN INITIAL REACTOR OPERATOR LICENSE EXAMINATIONS The Nuclear Regulatory Commission has authorized the NRC  ;

staf f to develop a rule requiring that all nuclear power plant 4

licensees prepare - under NRC direction - initial reactor t operator license examinations.

The proposed rule will be prepared for Commission review and approval for public comment early next year. Until a final rule is adopted, applicants for operator licenses will continue to be examined by using either NRC-prepared tests or those prepared by utilities participating voluntarily in an NRC-supervised pilot

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program begun last year. The Commission will take the agency's experience with the pilot program into consideration when it evaluates both the proposed and final rules.

Reactor operator applicants seeking a license to manipulate the controls of a nuclear power plant must pass both a comprehensive, multiple-choice written test and a practical, hands-on examination. The generic fundamentals examination, a second written test that each applicant must pass to be considered for the final license examination, will continue to be written and administered by the NRC. In the practical phase, applicants must demonstrate a mastery of plant systems and procedures, and the ability to deal with operational events on a control room simulator. Licenses are issued for a specific facility.

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, . l The rulemaking plan includes these provisions:

e NRC will continue to administer and grade the control room simulator and plant walk-through examination phases, during which each candidate is evaluated on a one-on-one basis, e All examinations drafted by utilities will be subject to review, modification and approval by NRC examiners before the tests are given. NRC will have the option of preparing a test in lieu of accepting or modifying one prepared by a utility.

e To be approved by NRC, examinations must comply with detailed NRC guidance which deals with such matters as appropriate level of difficulty, maintenance of examination security, and restrictions on test preparation by those significantly involved in training license applicants. The guidance document, " Operator Licensing Examination Standards for Power Reactors" (NUREG-1021), has been revised to implement the new process.

  • Once the new licensing examination process has become fully operational, the NRC staff will prepare at least one examination annually in each of the agency's four regions to ensure that the staff maintains its

E proficiency in examination writing and to serve as a  ;

quality check on the process. 6

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-Historically, either NRC staff examiners or NRC-contractors have prepared'and administered all operator-license tests.- But ,

in April 1995,'the Commission approved a staff proposal ~that the agency-begin evaluating a system wherein nuclear power plant

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, t licensees would prepare the tests under NRC oversight.

The ,

Commission took-this action to recognize substantial improvements ,

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in industry training programs, to make the operator licensing ,

program more officient, and to realize budgetary savings.

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The staff solicited volunteers for a pilot program in a  ;

letter sent-to all nuclear utilities in August of last year, and j launched the program two months later. Between October 1995 and April of this year, the staff reviewed and approved 22 operator

-licensing examinations prepared by utilities in accordance with published NRC guidance. These examinations were used to test 146 applicants-for reactor operator and senior reactor operator licenses. l After a staff briefing in June, the Commission authorized continuation of the pilot program through July 1997 to provide ,

. time for the rulemaking process. About-half the initial reactor operator-licensing examinations now being given are prepared, and oneiof the! written examinations is administered, by utilities.

taking part in the oluntary, pilot program.

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It is esimated that the new license exatnination process .

I would permit the NRC to save between $3 million and $4 million paid annually to contractors for support of operator licensing and requalification inspection programs. Unaffected by the new rule is the licensing of operators for non-power reactors, who will continue to be examined by the NRC. Also unchanged is the present system whereby utilities prepare and administer requalification examinations to licensed operators as part of an NRC-approved training progran.

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