ML23356A128
| ML23356A128 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/2023 |
| From: | Brian Zaleski NRC/NSIR/DPCP/RSB |
| To: | |
| References | |
| ML23342A199, 20231235 | |
| Download: ML23356A128 (4) | |
Text
U.S. Nuclear Regulatory Commission Public Meeting Summary
December 15, 2023
Title:
Meeting to Discuss the SFAQ 2022-02 (SAE Program Requirements)
Meeting Identifier: 20231235
Date of Meeting: November 16, 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 i n the Office of Nuclear Security and Incident Response (NSIR), Division of Physical and Cyber Security Policy (DPCP) that support Title10 of the Code of Federal Regulation (10 CFR) Part 26, Fitness for Duty Programs held a public meeting to discuss Security Frequently Asked Question (SFAQ),
2022-02 SAE Program Requirements and the NRC draft response to this question. While this question was received through the SFAQ process, the content of this question is not security related. Attendees had the opportunity to ask questions of the NRC staff or make comments on the SFAQ 2022-02 draft response.
General Details:
The meeting began at 2 p.m. EST. The meeting was attended by 47 individuals, including Fitness-for-Duty (FFD) program personnel from licensee sites, S ubstance Abuse Experts (SAEs), staff from the Nuclear Energy Institute (NEI), and NRC headquarters staff. The majority of meeting attendees participated via Microsoft TEAMS, but seve ral participated by teleconference. A list of attendees is included as an attachmen t to this meeting summary. The meeting was transcribed. The meeting ended at 2:41 p.m. EST.
Summary of Presentations:
The NRC presentation included: background information on the cr eation of the SAE position in the 2008 Part 26 final rule, a review of the SFAQ question, a d iscussion of the applicable Part 26 requirements, and highlighted key elements of the NRCs draft response.
One public comment was received during the meeting from a representative of NEI. NEI disagreed with the NRCs draft response that relied upon Commis sion statements in the preamble of the 2008 Part 26 final rule to conclude that all i ndividuals that perform in the position of SAE under 10 CFR Part 26 are subject to a licensee s or other entitys FFD program. Instead, NEI stated that FFD program applicability to SAEs is a licensee determination that is based on a two-part test for FFD program personnel described in 10 CFR 26.4(g). The two-part test consists of a licensee determ ination that an individual is involved in the day-to-day operations of the FFD program AND th at the individual performs one or more covered activities (in the case of an SAE, the activity is persons who make determinations of fitness). For the complete NEI remarks, plea se consult the meeting transcript that is referenced under the Additional Information section o f this meeting summary.
1 Action Items/Next Steps:
- Evaluate feedback received on the NRCs draft response to SFAQ 2022-02 during this public meeting as well as any written remarks submitted after t his meeting. To facilitate resolution of this SFAQ, the NRC staff has requested that comme nts be submitted to the NRC (Brian.Zaleski@nrc.gov) by the end of December 2023.
Additional Information: Available in the NRCs Agencywide Document Access and Management System (ADAMS) under the following Accession Numbers :
- NRC Draft Response to SFAQ 2022-02, SAE Program Requirements : ML22208A126
- Meeting Notice: ML23306A335
- Meeting Summary: ML23356A128
- Meeting Transcript: ML23356A129
2 LIST OF ATTENDEES 11/16/2023 Meeting to Discuss the SFAQ 2022-02 (SAE Program Req uirements)
No. Name Affiliation 1 Amy Findley Ameren 2 Jenny Buesking Ameren 3 Kara Rhoades Ameren 4 Theresa Jones APS 5 Elaine McFadyen BHI Energy 6 Kristen Brennan BHI Energy 7 Jennie Purcell Brownstone Psychological Assoc.
8 Stacey Soeldner Brownstone Psychological Assoc.
9 Cole Wolpert Constellation 10 Jonathan Duval Constellation 11 Sandra Peacock Constellation 12 Peter Oropeza Critical Assessments 13 Jana Bergman Curtiss Wright 14 Patrick Anhalt Dominion Energy 15 Shannon Charles Dominion Energy 16 Cynthia Bomyea DTE Energy 17 Teddy Reed Duke Energy 18 Brian Staniszewski Energy Northwest 19 Kurtis Clawson Energy Northwest 20 Matt Deignan Entergy 21 Linda Schratz Holtec 22 Richard Smialowicz Holtec 23 Michael Covert Luminant 24 Court Reporter Neal R Gross 25 Jerry Bonanno NEI 26 Johnny Rogers NEI 27 Tammy Bond NEI 28 Tammy Hendrickson NPPD 29 Harry Mullica PSEG Nuclear 30 Russell Cronk PSEG Nuclear 31 Tammy Hoyle PSEG Nuclear 32 Cassie Brantley Key Southern Nuclear 33 Emily Crowder Southern Nuclear 34 Heather Rice Pena Southern Nuclear 35 Mickeal D. Peel Southern Nuclear 36 Vanessa Crawford Southern Nuclear 37 Michele Hockenbury Talen Energy 38 Brad Baxter U.S. NRC, NSIR/DPCP/Reactor Security Branch 39 Brian Zaleski U.S. NRC, NSIR/DPCP/Reactor Security Branch
3 No. Name Affiliation 40 Paul Harris U.S. NRC, NSIR/DPCP/Reactor Security Branch 41 Howard Benowitz U.S. NRC, Office of the General Counsel 42 Tony Bowers U.S. NRC, NSIR/DPCP/Reactor Security Branch 43 Alex M Baumann Westinghouse 44 James Gates Xcel Energy 45 Eric -
46 teleconference attendee -
47 teleconference attendee -
4