ML22208A125
| ML22208A125 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 02/23/2022 |
| From: | Brian Zaleski Nuclear Energy Institute |
| To: | |
| References | |
| SFAQ 2022-02 | |
| Download: ML22208A125 (3) | |
Text
EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 NEI 05-10 (Revision 3)
September 2011 EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 1
SFAQ 2022-02 SAE Program Requirements Security Frequently Asked Questions (SFAQ)
Request Form SFAQ Number: 2022-02 (Industry Panel Chair to complete)
(Requestor to Complete)
Licensee:
NEI Date Submitted:
02/23/22 Licensee
Contact:
Johnny Rogers Phone: 202-329-4081 e-mail: jdr@nei.com NRC
Contact:
Brian Zaleski Phone: 301-287-0638 e-mail: Brian.Zaleski@nrc.gov Potentially relevant existing SFAQ numbers:
This question involves:
(check all that apply)
Design Basis
, Force-on-Force
, Training Access
, Security Plan
, Cyber
, Other FFD Description of Question: Is the [Substance Abuse Expert] SAE, who is remote and not involved in day-to-day FFD program activities, required to meet FFD requirements such as placement in the FFD random pool and subjection to the Behavior Observation program.
Background:
FFD Program personnel, as stated in 26.4(g), include:
(g) All FFD program personnel who are involved in the day-to-day operations of the program, as defined by the procedures of the licensees and other entities in § 26.3(a) through (c), and, as applicable, (d), and whose duties require them to have the following types of access or perform the following activities shall be subject to an FFD program that meets all of the requirements of this part, except subparts I and K of this part, and, at the licensee's or other entity's discretion, subpart C of this part:
(1) All persons who can link test results with the individual who was tested before an FFD policy violation determination is made, including, but not limited to the MRO.
(2) All persons who make determinations of fitness.
(3) All persons who make authorization decisions.
(4) All persons involved in selecting or notifying individuals for testing; and (5) All persons involved in the collection or onsite testing of specimens.
SAE personnel are individuals trained to administer substance abuse evaluative services and make recommendations to FFD. SAE personnel typically administer these services remotely and provide evaluations that are used in the determination of fitness on an occasional basis.
Substance abuse evaluation activity requiring SAE expertise increases during outage periods but is typically administered remotely.
EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 NEI 05-10 (Revision 3)
September 2011 EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 2
Some licensees contract with SAE personnel who administer substance abuse services on licensee property. These SAE professionals are considered FFD program personnel as they are involved in the day-to-day operations of the FFD program; even though substance abuse services may be performed infrequently.
The Supplementary Information published with the 2008 final Part 26 rule states: 26.4 (g) requires MROs and SAEs to be subject to Part 26. Individuals who serve in these positions play the key roles in determining whether an individual is fit to safely and competently perform the duties that require the individual to be subject to this part. Although the NRC recognizes the significant logistical difficulties and cost that may be associated with covering these individuals, the NRC concluded that MROs and SAEs play such critical roles in the effective functioning of an FFD program that ensuring their continuing honesty and integrity by requiring them to be subject to the rule is warranted.1 Justification: There is considerable confusion in interpreting the meaning of those involved in day-to-day operations of the FFD program. SAE personnel do not hold routine access to site (unless contracted) and routinely provide services remotely on occasion via electronic teleconferencing. Evaluations performed in this manner are not treatment but are the first stage of the evaluative process. Further diagnostic evaluation and actual treatment occurs off-site with clinicians that are not part of the FFD program. An interpretation of day to day operations is needed to clarify intent to determine if SAE personnel, who occasionally perform SAE functions and work remotely are subject to FFD program requirements.
Proposed Solution: SAE personnel who are remote and not involved in day-to day FFD operations should not be subject to FFD requirements.
Note: Requestor to complete page 1 of the form and transmit through approved electronic means or mail to NEI Security FAQ, 1201 F St NW Suite 1100, Washington, DC 20004. Alternatively, the form and supporting documentation may be hand delivered to the NEI SFAQ Coord Additional pages attached? Yes No (NEI to complete)
Request #
Date entered By: Johnny Rogers 1 [INSERT FR Volume # - two digits] Fed. Reg. [INSERT first page of NRC rule in FR], 17,003; [INSERT Month, Day, Year of FRN]
EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 NEI 05-10 (Revision 3)
September 2011 EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR §2.390 3
SFAQ Evaluation and Resolution Section Security Frequently Asked Questions (SFAQ)
Request Form SFAQ Number: __________ (Industry Panel Chair to complete)
Resolution of SFAQ (NRC Security Question Panel Chairman)
Approved by:
Date:
(Industry Security Question Panel Chairman)
Approved by:
Date:
SFAQ closed in tracking system and SFAQ database updated: Date:
Issue presented at Joint NRC/NEI Security Question Panel: Date