ML20246K964

Forwards Draft Documents Re Proposed Policy Statement & Proposed Rule Change on Reactor Matters,Per Regulatory History

ML20246K964
Person / Time
Issue date:	09/22/1987
From:	Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20245D130	List: ML20245D126 ML20246K964 ML20246K990 ML20246L042 ML20246L126 ML20246L149
References
FRN-53FR8924, RULE-PR-50 AC73-1-1, NUDOCS 8905180200
Download: ML20246K964 (14)

Text

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[ UNITED STATES 5 NUCLEAR REGULATORY COMMISSION WASHINGTON,D.C. 20565 SEP 2 21987

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T0: T. Murley, D/NRR FROM: T. A. Rehm, A0/0ED0

SUBJECT:

REGULATORY ISSUES Attached are two draft documents, one a proposed policy statement, the other a proposed rule change. They have been drafted by OGC in consultation with EDO. They both related to reactor matters.

They need your review and approval and they need to move into your court for further action. The policy statement needs a covering Commission paper to acquire approval for publication; the proposed rule change Vic can sign out on his own volition' as a " minor rule change."

Jim Taylor is anxious to get them both moving.

/ ,A0/0ED0 T. .

Enclosures:

As stated cc: M.Bridgers(WITS)

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i Statement of Policy on the Professional Conduct of Control Room Operators AGENCY: Nuclear Regulatory Commission ACTION: Policy Statement.

SUMMARY

T his statement represents the policy of the N uclear Regulatory Commission (NRC) with respect to professionalism of nuclear power plant personnel in the control room; describes activities viewed by the N R C not to be conducive.to safe operation of such facilities; and describes the methods that the NRC will use to execute its responsibilities to ensure the health and safety of the public. T he N R C is committed to ensuring high standards of control room professionalism and operator attentiveness that are essential to safe operation of a nuclear power reactor facility. The Commission has considered the option of rulemaking in addressing the problem of professionalism in the control room and, believing that existing regulatory authority. is adequate for the staff to take necessary enforcement action when it finds conditions which are adverse to safety, the Commission has determined, for the time being, that a policy statement is the' appropriate means for addressing this issue. Nothing in this Policy Statement limits N R C's authority or responsibility to follow-u p on operational events or its enforcement authority when regulatory requirements are not met. The Commission invites

' the interested members of the public to provide comments on

this policy statement.

1 D ATES: The comment period expires , 1987. Comments received after this date will be considered if it is practical to do so but assurance of consideration cannot be given except l

l as to comments received before this date.

ADDRESSEES: Comments should be sent to: Secretary of the Commission, U.S. . Nuclear Regulatory Commission, Washington, DC 20555, l ATTN: Docketing and Service B ra nch. Hand deliver comments to: Room 1121,1717 H Street NW, Washington, DC between 8:15 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Ronald M. Smith, Office of the

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' General Cou nsel, U.S. Nuclear Nuclear Regulatory Commission,- Washington, D.C.

20555, telephone 301-492-4396.

SUPPLEMENTARY INFORMATION:

Background )

In carrying out its responsibilities under. the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, j the Commission has promulgated 10 CFR I 50.54(k) which establishes as a license condition for all nuclear power reactors that "An operator or senior operator licensed pursuant to Part 55 of this Chapter shall be present at the controls at all times during the operation of the facility." Inherent in such a requirement is the proposition that to be "present at the controls" means that the operator must be fully aware of plant status while on duty. Control room operators who are (1) highly trained end qualified, (2) physically and mentally fit to carry out their duties, and (3) attentive to all aspects of plant status are essential to the continued safe operation of these facilities.

The Commission previously has addressed operator training and qualifications (Policy Statement on Training and Qualification of Nuclear Power Plant Personnel, 50 FR 11147, March 20, 1985) and fitness for duty (Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel, 51 FR 27921, August 4, 1986). The Commission also has addressed the subject area of control room professionalism in the form of a circular (IE Circular No. 81-02, February 9,1981) and two information notices (Nos. 85-53, July 12, 1985, and 87-21, May 11, 1987). Recently, the Commission has been concerned with the following behavior occurring in control rooms of operating facilities: (1 in the use of electronic entertainment devices (radios, tape players, etc. the control room in a manner which may distract attention from required safety related duties; and, (2) control room operators having been observed sleeping while on duty in the control room and otherwise being inattentive to their license obligations. The Commission now finds such behavior by licensed reactor operators to be unprofessional and not consistent with the operators' licensed duties of monitoring reactor conditions, which is a serious matter of safety significance. Consequently, the Commission has determined to issue this policy statement to reiterate its prior guidance on control room professionalism.

Policy Statement The Commission believes that a relationship exists between the professional attitude of a nuclear plant's operating and management personnel and the degree to which the health and safety of the public is protected.

Factors making up this professional attitude include knowledge of all aspects of plant status, maintaining an orderly and clean working environment.

aggressiveness in preventing operational problems, and . attentiveness to monitoring reactor conditions and correcting observed deficiencies.

Mechanical and electrical systems and components required for safety can and do fail. As the human backup to the built-in ' safety features of a plant, continuous attention to plant and systems status by operators is an integral element to safe routine operations, to the early identification of degradation in reactor systems , and to prompt and effective human actions when conditions are abnormal. For these reasons, the NRC expects licensees to .

maintain hig h standards of control room professionalism. NRC licensed operators in the control rooms at nuclear power plants are responsible for assuring that the facility is operated safely and within the requirements of the facility's license, including its technical specifications, regulations and orders of the NRC.

The following conditions and practices are among those the NRC believes to be necessary for the maintenance of a professional atmosphere in the control room and throughout the facility.

1. All on-duty NRC-licensed operators and operating supervisors must be aware of and responsible for the plant status at all times while on duty. This includes supervisors being responsible for the performance of all personnel assigned to their shift who could affect plant safety, regardless of specialty affiliation. Knowledge of the plant's status must be assured during shift changes by a formal watch turnover and relief.

2. All on-duty NR C-licensed operators must be alert, remain within their immediate areas of responsibility until properly relieved, and be particularly attentive to the instrumentation and controls located within these areas at all times. For example, sleeping while on duty in the control room demonstrates a disregard for performing licensed duties and for what those duties entail and should be proscribed.

3. Potentially distracting activities in the control room and other watch stations should be proscribed (for example: games, horseplay, hobbies, and rsading that is not directly job related).

4. Control room operators, to the extent possible, must be attuned to all aspects of plant status and capable of responding promptly to changes in operational status. All of the operator's senses, including aural, i

must be used in carrying out this responsibility. Potentially, the playing of electronic entertainment devices, such as radios, T V's or tape players, in control rooms can have a significant negative effect on the attentiveness of operators and their ability to closely monitor plant status. Consequently licensees which allow the use of audible entertainment devices in the control room during facility operation should be able to demonstrate that the manner of use of such devices, if permitted, does not detract from good control room performance.

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, 5. All necessary plant-related, technical / administrative control room l

business must be conducted at a locadon and in such a manner that neither licensed control room operator attentiveness nor the professional atmosphere will be compromised. This includes activities l

associated with the use of special eating and training facilities for on-shift personnel.

The Commission expects that each power reactor licensee will review and revise, as necessary, their administrative controls regarding operator performance to ensure that this policy is incorporated into plant performance standards. The performance standards should specify types of activities that are proscribed while designated personnel are on duty. Administrative controls should be established which will ensure adherence to the standards so established.

Enforcement Inattentiveness to required duties such that plant safety is potentially affected will be subject to the enforcement process. In addition to required reports and inspections, information requests under 10 CFR 6 50.54(f) may be made and enforcement meetings held to ensure understanding of corrective actions. Orders may be issued where necessary to achieve .

corrective actions on matters affecting the safe operation of the plant and thus the public health and safety.

Nothing in this Policy Statement shall limit the authority of the N RC to conduct inspections as deemed necessary or to take appropriate enforcement action when regulatory requirements are not met.

Dated at Washington, DC this day of , 1987. ,

For the Nuclear Regulatory Com mission.

Samuel J. ChDk, Secretary of the Commission.

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. Document Name:

RS-26-7 Requestor's ID:

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' Author's Name:

R Smith Document Coments:

Policy Statement Cntrl Rm Professionalism Destination Name:

DEDO Distribution Name:

NRCELD_ SMITH _0007 Addressee:

Date Sent:

09/03/87 Time Sent:

15:45 Nessage:

Policy statement on control room decorum believed to be the latest version from Ron Smith. Thanks l

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2 NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Licensee Announcements of Inspectors AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule. -

SUMMARY

The Nuclear Regulatory Commission is proposing to amend Part 50 of its regulations to ensure that the presence of NRC inspectors on power reactor sites is not announced to licensee and contractor personnel without the expressed request to do so by the inspector. This change will allow the NRC inspectors badged at the facility to access ongoing activities as they are naturally occuring without advanced notification of the inspection.

DATES: Submit comments by / , 1987. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, ATTN: Docketing and Service Branch.

2 Hand deliver comments to: Room 1121,1717 H Street NW, Washington, '

DC between 7:30 a.m. and 4:15 p.m.

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Ex mine comments received at: The NRC Public Document Room,1717 H X]r0;t NW, Washington, DC.

@R FURTHER INFORMATION CONTACT: , U.S.

Jucl?;r Regulatory Commission, Washington, DC 20555, telephone (301) 492- @

GPPLEMENTARY INFORMATION: The NRC wishes to ensure that NRC Rspect rs be granted immediate unannounced and unfettered access to bcns d facilities, following proper identification and compliance with 3plicabl2 access control procedures. Neither the access control measures er cther means shall be employed by th.e licensee or its contractors to stify cther persons of the arrival and presence of an NRC inspector at the

cility, unless .specifically reques,ted to do so by the inspector or the NRC.

'hara h2ve been instances in the past at several facilities where the ability 7 properly badged NRC inspectors to inspect and assess--on an l

nannrunced bas!s--activities related to th.. .icense or construction permit as c

mpromised by the licensee employees or contractors who informed Gh;rs at the facility of the presence of the NRC inspectors on site. ' The ret:nt of the proposed change to 10 CFR 50.70 is to allow NRC inspectors Cdg:d at the facility access to ongoing activities as they are naturally Scurring without advanced notification of the inspection. This is especially aportant during non-normal business hours when' operating personnel might csume NRC inspectors would not be on site.

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ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule. :

. PAPERWORK REDUCTION 'ACT STATEMENT The proposed rule contains. no new reporting and recordkeeping requirements and therefore is not subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1980, as

. amended f.44 U.S.C. 3501, et seq.).

'i REGULATORY ANALYSIS This proposed rule will have no significant impact on state and local governments and geographical regions. It may have significant impact on health, safety, and the environment, but only in the sense of preventing adverse impacts on health, safety, and the environment through more effective inspections. The intent of the rule is to ensure that NRC inspectors have a more realistic picture of the actual conditions at a site, and, therefore, may be better able to identify potentially dangerous conditions and/or practices for corrective action and to assist licensees in t . . . .

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i complying flaws, regulations, and orders administered by the NRC.'., This,'

constitutes the regulatory analysis for this proposed rule. ,

REGULATORY FLEXIBILITY CERTIFICATION in accordance with the Regulatcry Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entitles. The rule applies only to licensees authorized to construct or operate nuclear power reactors, who are not small business entitles within the meaning of the act or implementing regulations. Therefore, a regulatory flexibility analysis has not been prepared.

BACKFIT ANALYSIS The NRC has determined that a backfit analysis is not required for this proposed rule because this amendment is not within the definition of backfitting, as set out in 10 CFR 50.109(a)(1).

LIST OF SUBJECTS IN 10 CFR PART 50 Antitrust, Classified information, Fire protection, incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganiza'lon t Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50.

PART 50 -

DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1. The authority citation for Part 50 is revised to read as follows:

AUTHORITY: Secs. 103, 104, 105, 161, 182, 183,186,189, 68 Stat.

936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat,1244,

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as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); . secs. 201, as am, ended, 202, 206, 88 Stat.1242, as amended,1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,185, 68 Stat.

936, 955, as amended (42 U.S.C. 2131, 2235); sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.23, 50.35, 50.55, 'and 50.56 also .

Issued - under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a, and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also' Issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Sections

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50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. .

' 2234). Section 50.103 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 21381. Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).

1 For the purr >oses of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

2273), 55 50.46(a) and (b), and 50.54(c) are issued under 'sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 50.7(a), 50.10(a)-(c),

50.34(a) and (e), 50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c),

(d), and (e), 56.49(a), 50.54(a), (I), (I-1 ) , (l)-(n), (p), . (q), (t), (v),

and (y), 50.55 (f) , 50.55a(a), (c)-(e), (g), and (h), 50.59(c), 50.60(a) 50.62(c), 50.64(b), and 50.80(a) and (b) are issued under sec. 1611, 69 Stat. 949, as amended (42 U.S.C. ,2201(1)); and il 5049(d), . (h),' and (J),

50.54(w), (z), - (bb),. ' and (cc), 50.55(e), 50.59(b), 50.61(b), 50.62(d),

50.70(a) and (b)(4), 50,.71(a)-(c), and (e), 50.72(a), 50.73(a) and (b),

50.74, 50.78, and 50.90 are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2. In 5 50.70, paragraph (b)(4) is added to read as follows:

5 50.70 Inspections.

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l (4) The licensee or construction permit holder shall ensure that the 1

arrival of an NRC inspector, who has been properly. authorized facility I l

access per paragraph (b)(3) of this section, is not announced by its employees or contractors to other persons at the facility unless specifically I l requested to do so by the inspector.

1 Dated at Bethesda, MD this day of , 1987.

For the Nuclear Regulatory Commission VICTOR STEl.LO, J R.

Executive Director for Operations 6

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