ML23146A126
| ML23146A126 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/2023 |
| From: | Brian Zaleski NRC/NSIR/DPCP/RSB |
| To: | |
| References | |
| 10 CFR Part 26, NRC-2009-0225, RIN 3150-AI67 | |
| Download: ML23146A126 (5) | |
Text
U.S. Nuclear Regulatory Commission Public Meeting Summary May 25, 2023
Title:
10 CFR Part 26, Fitness for Duty Programs - Question and Answer Session on Implementing the November 2022 Final Rule Meeting Identifier: 20230408 Date of Meeting: April 26, 2023 Location: Webinar Type of Meeting: Information Meeting with a Question and Answer (Q&A) Session.
Purpose of the Meeting(s): The U.S. Nuclear Regulatory Commission (NRC) technical staff supporting Title 10 of the Code of Federal Regulation (10 CFR) Part 26, Fitness for Duty Programs in the NRC Office of Nuclear Security and Incident Response (NSIR), Division of Physical and Cyber Security Policy (DPCP) held a public meeting to discuss questions on implementing the "Fitness for Duty Drug Testing Requirements" Final Rule, which was published in the Federal Register on November 22, 2022 (87 FR 71422).
General Details: The meeting began at 1 p.m. EDT. The NRC staff made a presentation and then held a Q&A session with interested stakeholders, industry representatives, and members of the public. The meeting was attended by over 90 individuals, including Fitness-for-Duty (FFD) program personnel from licensee sites, staff from the Nuclear Energy Institute (NEI), contractors and vendors, and NRC headquarters and regional staff. A list of attendees is included as an attachment to this meeting summary. The meeting ended at 1:57 p.m. EDT.
Summary of Presentations: The NRC slide presentation provided resources for implementing the final rule and reviewed and responded to three implementation questions previously received by the NRC. No stakeholders or members of the public made formal presentations, however, engagement with the attendees did occur during the Q&A Session. The NRC staff addressed the following five questions:
Question 1 - Can an individual not screened for unescorted access/unescorted access authorization (UA/UAA) serve as a hydration monitor? Neither the final rule nor the new Regulatory Guide (RG) 5.89 issued with the final rule address this issue.
The final rule does explain under 10 CFR 26.109(b)(1) that if a hydration monitor is used to observe a donor that was unable to provide an acceptable quantity of urine during the initial specimen collection attempt (i.e., a shy bladder), the collector must first explain the hydration process and acceptable donor behavior to the hydration monitor and then record the name of the hydration monitor on the Federal custody-and-control form.
Question 2 - Can a hydration monitor have a personal relationship with the donor? RG 5.89 addresses this topic in Section C.1.A(6) and states: If a collector transfers responsibility for monitoring a donor to a hydration monitor, the collector should verbally confirm that the hydration monitor does not have a personal relationship with the donor(s).
2 Question 3 - Can a donor in the hydration process be remotely monitored? Neither the final rule nor RG 5.89 discuss this topic. However, RG 5.89 in Section C.1.A(1) states that The NRC intends the term monitoring to mean that the collector or hydration monitor maintains visual (i.e., direct line of sight) and aural contact with the donor to ensure that the donor is adhering to the hydration process instructions and is not attempting to subvert the collection process.
Question 4 - Can another specimen collector complete the collection process for a donor in the hydration process? Under 10 CFR 26.109(b)(1), the collector that initiated the collection process with a donor may assign responsibility for monitoring a donor during the hydration process to another trained collector meeting the requirements in 10 CFR 26.85(a). Part 26 does not prohibit another trained collector meeting the requirements under 10 CFR 26.85(a) from completing the collection process for a donor in the hydration process. RG 5.89 in Section C.1.D(6) states that if the hydration monitor is not qualified as a collector, then the donor shall be transferred to an available collector when the donor is ready to attempt to provide a specimen (10 CFR 26.107(a)).
Question 5 - When does the NRC anticipate updating the FFD program inspection procedures to support the rule changes? The NRC is currently revising the inspection procedures for FFD programs and anticipates publishing updated procedures towards the end of 2023 or early 2024.
Action Items/Next Steps:
No action items resulted from this public meeting.
Attachments: ADAMS Accession Nos.
ML23102A055 - NRC Public Meeting Announcement - 10 CFR Part 26, Fitness for Duty Programs - Question and Answer Session on Implementing the November 2022 Final Rule ML23122A176 - NRC Public Meeting Presentation on April 26, 2023 - 10 CFR Part 26, Fitness for Duty Programs, Question and Answer Session on Implementing the November 2022 Final Rule ML20143A034 - Regulatory Guide 5.89, Rev.0, Fitness-for-Duty Programs for Commercial Power Reactor and Category I Special Nuclear Material Licensees, November 2022.
3 LIST OF ATTENDEES 10 CFR Part 26, Fitness for Duty Programs - Question and Answer Session on Implementing the November 2022 Final Rule, 04/26/2023 No.
Name Affiliation 1 Amanda McKie AEP - Indiana Michigan Power 2 Tammy Bond AEP - Indiana Michigan Power 3 Amy Dillon Ameren 4 Amy Findley Ameren 5 Christopher Crook Arizona Public Service 6 Melissa Darlington Arizona Public Service 7 Theresa Jones Arizona Public Service 8 John Conly CERTREC 9 Beth Warsco Confidential Services Inc.
10 Andrew Anderson Constellation 11 Beth Woodcock Constellation 12 Cole Wolpert Constellation 13 Jonathan Duval Constellation 14 Ryan Joseph Wong Constellation 15 Stephen Henry Constellation 16 Valeri Wade Constellation 17 Cristina Edens Curtiss Wright 18 Kelly Carlsen Day & Zimmermann 19 Angela Timmons Dominion Energy 20 Brandon Jefferson Dominion Energy 21 Keith Yarnall Dominion Energy 22 Mary L Daron Dominion Energy 23 Patrick Anhalt Dominion Energy 24 Cynthia Bomyea DTE Energy 25 Leah Paul DTE Energy 26 Teddy Reed Duke Energy 27 Alex Ellis Energy Harbor 28 Eric Burnworth Energy Harbor 29 Maureen Gilday Energy Harbor 30 Robin Leasure Energy Harbor 31 Scott Bambic Energy Harbor 32 Eileen M. Moore Energy Solutions 33 Cheryl Deville Entergy 34 Robin Cook Entergy 35 Steve Chambliss Entergy 36 Mallory Rosales Evergy 37 Monique Hart Evergy 38 Sonya Jones Evergy
4 No.
Name Affiliation 39 Vicki Hensley Framatome 40 Wade Mattox GE Power Portfolio 41 Amy Bouchard Holtec 42 Linda Schratz Holtec 43 Richard Smialowicz Holtec 44 Meagan Kirkland INPO 45 Timothy Chapin INPO 46 Michael Covert Luminant 47 Bill Gross NEI 48 Johnny Rogers NEI 49 Jacob Fakory New Jersey DEP 50 Jonathan Zeitz New Jersey DEP 51 Dawn Odom NextEra Energy 52 James Denton NextEra Energy 53 Mark Ginsberg NextEra Energy 54 Stella Dumais NextEra Energy 56 Sheryl Sweet NextEra Energy 57 David Brower Pacific Gas and Electric 58 Donald Townsend Pacific Gas and Electric 59 Lynette Fisher Pacific Gas and Electric 60 Cajya Darling PSEG Nuclear 61 Russell Cronk PSEG Nuclear 62 Tammy Hoyle PSEG Nuclear 63 April Walden Southern Nuclear 64 Cassie Brantley Key Southern Nuclear 65 Heather Rice Pena Southern Nuclear 66 Mickeal Peel Southern Nuclear 67 Selena Carelock Southern Nuclear 68 Martin Reta STP 69 Stephanie Rodgers STP 70 Daniel Novick Talen Energy 71 Michael Palmer Talen Energy 72 Michele Hockenbury Talen Energy 73 Brenda Kay Sowter TVA 74 Carol Pulliam TVA 75 Mimi Nakicha King-Patterson TVA 76 Amanda Marshall U.S. NRC 77 Brian Zaleski U.S. NRC 78 Ismael Garcia U.S. NRC 79 Neil Sheehan U.S. NRC 80 Ronald Jacobson Xcel Energy 81 Brian Kloiber
5 No.
Name Affiliation 82 Dennis Ezell 83 Harry Mullica 84 Jesse 85 Kelly Pettus 86 Lisa Belgio 87 Matt 88 Maureen 89 Teleconference attendee 90 Teleconference attendee 91 Teleconference attendee 92 Teleconference attendee
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