ML24059A449
| ML24059A449 | |
| Person / Time | |
|---|---|
| Site: | 99902028, Nuclear Energy Institute |
| Issue date: | 02/28/2024 |
| From: | Gross W Nuclear Energy Institute |
| To: | Office of Nuclear Security and Incident Response, Document Control Desk |
| References | |
| NRC-2012-0079 | |
| Download: ML24059A449 (1) | |
Text
William Gross Senior Director, Security &
Incident Preparedness Phone: 202.739.8123 Email: wrg@nei.org February 28, 2024 Mr. Anthony Bowers Chief, Reactor Security Branch Division of Physical and Cyber Security Policy Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
Subject:
NEI Perspectives on the NRC Rulemaking Plan, Part 26 Drug and Alcohol Testing; Technical Issues and Editorial Changes (Docket ID: NRC-2012-0079)
Project Number: 689
Dear Mr. Bowers:
The Nuclear Energy Institute (NEI)1, on behalf of its members, appreciates the opportunity to provide our perspectives related to the Nuclear Regulatory Commissions (NRCs) development of the rulemaking plan for the Part 26 Drug and Alcohol Testing; Technical Issues and Editorial Changes rulemaking (Part 26 Tech Issues rulemaking).
During a public meeting held on February 7, 2024, the NRC staff stated they had begun development of the rulemaking plan, and the proposed rulemaking would address technical and administrative issues associated with the implementation of Fitness for Duty (FFD) drug and alcohol testing program requirements in three core areas:
Improve the effectiveness and efficiency of Part 26 by aligning with updates to the U.S. Department of Health and Human Services (HHS) Guidelines and U.S. Department of Transportation (DOT) drug testing requirements, Incorporate lessons learned in the implementation of Part 26, and, Resolve three petitions for rulemaking (PRM-26-4, PRM-26-7, PRM-26-8).
1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.
Mr. Anthony Bowers February 28, 2024 Page 2 Nuclear Energy Institute NEI encourages the NRC to ensure that any proposed changes to Part 26 are fully consistent with the Principles of Good Regulation and would not add unnecessary regulatory burden. The industry supports a rulemaking with goals consistent with those proposed in SECY-00-0022, Rulemaking Plan, Decrease in the Scope of Random Fitness-for-Duty Testing Requirements for Nuclear Power Reactor Licensees, for Amendments to 10 CFR Part 26, which include maintaining safety, decreasing unnecessary burden, and increasing efficiency and effectiveness. Some examples that align with the forementioned goals include but are not limited to: more timely updates to drug testing panels and cutoff levels, elimination of blind performance test samples of HHS-certified laboratories, consistent with DOT requirements; a broader use of oral fluid drug testing; aligning the term and use of alcohol with the established term alcoholic beverage in 10 CFR Part 55; and, the elimination of unnecessarily burdensome reportability requirements in 10 CFR 26.719. The industry looks forward to providing additional detail on each of these topics at appropriate stages of the rulemaking process.
NEI recommends that the NRC apply a reasonable assurance, rather than zero-risk standard during development of the rulemaking plan and any subsequent proposed changes to Part 26. Additionally, the NRC should incorporate risk insights into the plan that ensures resources remain focused on what is most important to safety.
To support the development of a clear, efficient, and durable rule, NEI proposes the staff include flexibility discretion in the rulemaking plan to address items not yet identified at this stage of the rulemaking process. When considering proposed additions, the industry urges the NRC to continue engagement with external stakeholders prior to the issuance of a proposed rule.
If you have any questions, please contact me or Michael Whitlock at mlw@nei.org or (202) 739-8000.
Sincerely, William Gross Senior Director, Security & Incident Preparedness cc:
Mr. Brian Zaleski, NSIR/DPCP/RSB Mr. Stewart Schneider, NMSS/REFS/RRPB NRC Document Control Desk