ND-18-1494, Request for Exemption: 10 CFR Part 26 Visitor Access Requirements

Request for Exemption: 10 CFR Part 26 Visitor Access Requirements

ML18340A280
Person / Time
Site:	Vogtle
Issue date:	12/06/2018
From:	Whitley B Southern Nuclear Operating Co
To:	Document Control Desk, Office of New Reactors, Office of Nuclear Security and Incident Response
References
ND-18-1494
Download: ML18340A280 (24)

Text

B. H. Whitley Southern Nuclear Director Operating Company, Inc.

Regulatory Affairs 3535 Colonnade Parkway Birmingham, AL 35243 Tel 205.992.7079 December 6, 2018 Docket Nos.: 52-025 ND-18-1494 52-026 10 CFR 26.9 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Southern Nuclear Operating Company Vogtle Electric Generating Plant Units 3 and 4 Request for Exemption:

10 CFR Part 26 Visitor Access Requirements Ladies and Gentlemen:

In accordance with the provisions of 10 CFR 26.9, Specific Exemptions, Southern Nuclear Operating Company (SNC) requests an exemption from the requirements of 10 CFR 26.4(f).

10 CFR 26.4(f) requires individuals who construct or direct the construction of safety- or security-related structures, systems, and components (SSCs) to be subject to a fitness-for-duty (FFD) program that meets 10 CFR Part 26, Subpart K, requirements. The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety-or security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26.

The exemption is necessary under the 10 CFR Part 26 FFD Authorization (FFDA) program because SNC expects to require the use of numerous technical and vendor experts to provide direction, expertise, and oversight during the inspection and testing phases of the project.

Because many of the inspections and tests will occur before the declaration of the 10 CFR 73.56 Program for Vogtle Electric Generating Plant (VEGP) Units 1 through 4, individuals who are needed for a short period of time (30 days or less in a 60-day period) to support the successful completion of an inspection or test are required to be subject to a 10 CFR Part 26, Subpart K, FFD program. These individuals would be allowed to come onsite under an escort following either the establishment of an operational protected area or the 10 CFR 52.103(g) finding. Requiring such individuals to be subject to a 10 CFR Part 26, Subpart K, FFD program, prior to the 10 CFR 52.103(g) finding, is costly and an unnecessary burden. This exemption will expire as the VEGP 3 and 4 units are integrated with the Vogtle 1 and 2 operating units.

The exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest.

SNC facilitated a presubmittal meeting on October 31, 2018 with the NRC staff on the proposed exemption request. provides the background and supporting basis for the requested exemption.

U.S. Nuclear Regulatory Commission ND-18-1494 Page 2 of 4 is a reviewer's aid that identifies the changes that will be implemented to incorporate the approved exemption into the VEGP Units 3 and 4 licensing documents. These changes are expected to be incorporated through the use of SNC's licensing document change process, without the need for additional NRC review or approval beyond the requested exemption.

This letter contains no regulatory commitments. This letter has been reviewed and determined not to contain security-related information.

SNC requests NRC staff approval of the exemption by June 7, 2019, to support inspection and testing activities. Delayed approval of this exemption could result in unnecessary delays of critical inspection and testing activities. SNC expects to implement this proposed exemption within 30 days of approval.

Should you have any questions, please contact Corey Thomas at (205) 992-5221 .

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 61h day of December 2018.

Respectfully submitted, Brian H. Whitley Director, Regulatory Affairs Southern Nuclear Operating Company Enclosures 1) Vogtle Electric Generating Plant (VEGP) Units 3 and 4 - Exemption Request:

10 CFR Part 26 Visitor Access Requirements

2) Vogtle Electric Generating Plant (VEGP) Units 3 and 4 - Reviewers Aid:

Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY)

U.S. Nuclear Regulatory Commission ND-18-1494 Page 3 of 4 cc:

Southern Nuclear Operating Company / Georgia Power Company Mr. S. E. Kuczynski (w/o enclosures)

Mr. D. G. Bost (w/o enclosures)

Mr. M. D. Meier (w/o enclosures)

Mr. D. H. Jones (w/o enclosures)

Mr. J. B. Klecha Mr. G. Chick Mr. D. L. McKinney (w/o enclosures)

Mr. T. W. Yelverton (w/o enclosures)

Mr. B. H. Whitley Ms. C. A. Gayheart Mr. C. R. Pierce Ms. A. G. Aughtman Mr. D. L. Fulton Mr. M. J. Yox Mr. C. T. Defnall Mr. J. Tupik Mr. W. A. Sparkman Ms. A. C. Chamberlain Ms. A. L. Pugh Mr. E. Riffle Ms. K. Roberts Document Services RTYPE: VND.LI.L00 File AR.01.02.06 Nuclear Regulatory Commission Mr. W. Jones (w/o enclosures)

Ms. J. Dixon-Herrity Mr. C. Patel Ms. J. M. Heisserer Mr. B. Kemker Mr. G. Khouri Ms. S. Temple Mr. F. Brown Mr. C. J. Even Mr. A. Lerch Mr. S. Walker State of Georgia Mr. R. Dunn Oglethorpe Power Corporation Mr. M. W. Price Ms. A. Whaley

U.S. Nuclear Regulatory Commission ND-18-1494 Page 4 of 4 Municipal Electric Authority of Georgia Mr. J. E. Fuller Mr. S. M. Jackson Dalton Utilities Mr. T. Bundros Westinghouse Electric Company, LLC Mr. L. Oriani (w/o enclosures)

Mr. C. Churchman (w/o enclosures)

Mr. M. Corletti Mr. M. L. Clyde Mr. D. Hawkins Mr. J. Coward Other Mr. S. W. Kline, Bechtel Power Corporation Ms. L. A. Matis, Tetra Tech NUS, Inc.

Dr. W. R. Jacobs, Jr., Ph.D., GDS Associates, Inc.

Mr. S. Roetger, Georgia Public Service Commission Ms. S. W. Kernizan, Georgia Public Service Commission Mr. K. C. Greene, Troutman Sanders Mr. S. Blanton, Balch Bingham NDDocumentinBox@duke-energy.com, Duke Energy Mr. S. Franzone, Florida Power & Light

Southern Nuclear Operating Company ND-18-1494 Enclosure 1 Vogtle Electric Generating Plant (VEGP) Units 3 and 4 Exemption Request:

10 CFR Part 26 Visitor Access Requirements (This Enclosure consists of 15 pages, including this cover page)

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements Table of Contents 1.0 PURPOSE

2.0 BACKGROUND

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY 4.0 JUSTIFICATION FOR EXEMPTION 4.1 This exemption is authorized by law 4.2 This exemption will not endanger life or property or the common defense and security 4.3 This exemption is in the public interest 5.0 RISK ASSESSMENT 6.0 PRECEDENT EXEMPTIONS 7.0 SIGNIFICANT HAZARDS DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS

9.0 REFERENCES

Page 2 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements 1.0 PURPOSE In accordance with the provisions of 10 CFR 26.9, Specific Exemptions, Southern Nuclear Operating Company (SNC) requests an exemption from the requirements of 10 CFR 26.4(f). 10 CFR 26.4(f) requires individuals who construct or direct the construction of safety- or security-related structures, systems, and components (SSCs) to be subject to a fitness-for-duty (FFD) program that meets 10 CFR Part 26, Subpart K, requirements. The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety- or security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26.

The definitions for a construction escort and construction visitor are provided below:

Construction Escort - An individual subject to the construction FFD program assigned to escort and observe a construction worker who is engaged in constructing or directing the construction of safety- or security-related SSCs and is not subject to the construction FFD program.

Construction Visitor - An individual, who is determined by the construction entity to have expertise needed to construct or direct the construction of safety- or security-related SSCs for 30 days or less in a 60-day period and authorized by a first line supervisor or greater, but is not subject to the construction FFD program.

The exemption is necessary, because SNC expects to require the use of numerous technical and vendor experts to provide direction, expertise, and oversight during the inspection and testing phases of the project. Because many of the inspections and tests will occur before Vogtle Electric Generating Plant (VEGP) Units 3 and 4 enter the operating phase following the 10 CFR 52.103(g) finding, individuals who are needed for a short period of time (30 days or less in a 60-day period) to support the successful completion of an inspection or test are required to be subject to a 10 CFR Part 26, Subpart K, FFD program. These individuals would be allowed to come onsite as a construction visitor under an escort following the 10 CFR 52.103(g) finding. Requiring such individuals to be subject to a 10 CFR Part 26, Subpart K, FFD program, prior to either the establishment of an operational protected area or the 10 CFR 52.103(g) finding, is costly and an unnecessary burden.

Reviews of safeguards design information is not in the scope of this exemption request as the badging requirements for individuals performing safeguards work activities are implemented in accordance with 10 CFR 73.57.

2.0 BACKGROUND

10 CFR 26.4(f) establishes the category of worker that is subject to the FFD program requirements of Subpart K, unless the licensee subjects these individuals to an FFD program that meets all of the requirements of Part 26, except for subparts I and K.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements 10 CFR 26.4(f), in part, requires that any individual who is constructing or directing the construction of safety- or security-related SSCs shall be subject to an FFD program that meets the requirements of Subpart K. 10 CFR 26.405(c)(1) states that individuals identified in 10 CFR 26.4(f) shall be subject to drug and alcohol testing pre-assignment; i.e., Before assignment to construct or direct the construction of safety- or security-related SSCs. 10 CFR Part 26.401(b) requires that licensees who implement an FFD program under Subpart K submit a description of the FFD program and its implementation as part of the license application. The VEGP 3 and 4 FFD program description was submitted and approved as part of the combined license (COL) application and is described in Updated Final Safety Analysis Report (UFSAR) Section 13.7, Fitness for Duty. UFSAR Section 13.7 states that the construction FFD program is consistent with the Nuclear Energy Institute (NEI) guidance document, NEI 06-06, Fitness for Duty Program Guidance or New Nuclear Power Plant Construction Sites, Revision 6 (April 2013), which is endorsed by Regulatory Guide (RG) 5.84, Revision 0.

During the development of NEI 06-06, the industry submitted a draft of NEI 06-06 (Revision 6, May 2012 version) that contained provisions which addressed the use of visitors. Specifically, the guidance stated:

The construction site entity may permit individuals onto the construction site as visitors. An individual designated as a visitor may be any individual the construction site entity determines to have a need to enter the construction site for a period of up to seven continuous days or less. An individual in a visitor status is not required to meet the provisions of 10 CFR 26 but, must be clearly identifiable as a visitor and escorted by a construction site entity designated individual subject to the construction site entitys FFD program. If the needs of the individual exceed the seven continuous days, then the individual must meet the appropriate section of 10 CFR 26.

However, during the NRC review of NEI 06-06, Revision 6 (May 2012) [ADAMS Accession Number ML13039A117], the staff provided a comment that requested the provisions regarding visitors be removed. The NRC agreed that the concept of escorting visitors at construction sites is warranted; however, it could not support this option in NEI 06-06 given 10 CFR 26.401(a) which states, in part, that the requirements of Subpart K shall be applied to the individuals specified in Section 26.4(f).

During the operations phase [post-103(g)], requirements for visitors are defined in 10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage. Specifically, 10 CFR 73.55(g)(7) permits individuals access to protected and vital areas who have not been granted unescorted access in accordance with the requirements of 10 CFR 73.56 and 10 CFR Part 26 provided the requirements of 10 CFR 73.55(g)(7), are met. Standard operating practice in operating plants is to allow escorted visitor access to protected and vital areas to work on safety-related SSCs for a limited period of time (typically not to exceed 30 continuous days).

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements The Statements of Consideration for the 2009 Security Rule note that the NRC considered changes to the rules related to visitors; however, based on an observation that licensee-escorted access programs have been in place for years without incident, the NRC chose not to modify the rules regarding escorted visitors1. The Statements of Consideration for the Part 262 Rule that incorporated Subpart K into Part 26 state in part, Therefore, the Subpart K requirements provide a licensee or other entity listed in § 26.3(c) of the final rule greater flexibility in implementing FFD programs for construction than the rule permits for FFD programs at operating plants.

Thus, SNC is requesting a limited exemption from 10 CFR 26.4(f) to exclude escorted visitors who perform work for 30 days or less in a 60-day period from the requirement to be subject to 10 CFR Part 26, Subpart K. Operational plants are allowed to escort visitors for a longer duration.

To implement the exemption, an exception to the current commitment to NEI 06-06 would be modified to allow escorted visitors who perform work for 30 days or less in a 60-day period access to the construction site and to allow the escorted visitors to work on security-and safety-related SSCs. Access control administrative procedures would be modified to control visitors by means meeting the intent of 10 CFR 73.55(g)(7)(i)(A-F). Escorts would be trained and controlled by means meeting the intent of 10 CFR 73.55(g)(8).

Changes to VEGP 3 and 4 licensing documents are depicted in Enclosure 2.

3.0 TECHNICAL JUSTIFICATION OF ACCEPTABILITY The underlying purpose of 10 CFR Part 26, Subpart K, is to meet the performance objectives of 10 CFR 26.23. As outlined in NEI 06-06, Subsection 5.1.1, the stated objectives are:

1. Individuals are trustworthy and reliable as demonstrated by the avoidance of substance abuse;

2. Individuals are not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way adversely affects their ability to safely and competently perform their duties;

3. Measures are established and implemented for the early detection of individuals who are not fit to perform their duties;

4. The construction site is free from the presence and effects of illegal drugs and alcohol; and, 1

Federal Register (FR) Vol. 74, No. 58/Friday, March 27, 2009 Page 13931 2

Federal Register (FR) Vol. 73, No. 62/Monday, March 31, 2008 Page 16996 Page 5 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements

5. The effects of fatigue and degraded alertness on an individuals ability to safely and competently perform their duties are managed commensurate with maintaining public health and safety.

Under the proposed exemption, responsibility for adherence to the construction FFD program for the construction visitor would be assigned to the construction escort who would be subject to the construction FFD program; trained on the duties of a construction escort; trained on behavior observation techniques; and generally knowledgeable of the construction visitors assigned duties. General knowledge of the visitors responsibilities will be confirmed by use of a pre-job brief. Escorts will be empowered to stop work if they identify conditions that adversely affect a safety- or security-related SSC. These individuals will be provided means for immediate communication with security if a visitor problem arises.

Visitors with responsibility for performance of safeguards-related work will be evaluated by the licensee. Visitors requiring access to safeguards information will be vetted in accordance with 10 CFR 73.57 standards.

Requirements for control of construction visitors and construction escorts would be based on requirements for visitors and escorts at an operating facility that meet the applicable intent of 10 CFR 73.55(g)(7)(i)(A-F), which provides requirements for the control of visitors. To provide controls for the proposed use of escorted visitors at the VEGP 3 and 4 construction site, an additional exception to the UFSAR Appendix 1A, entry for RG 5.84 compliance would be implemented. The new controls will provide provisions that:

Implement procedure requirements for processing, escorting, and controlling construction visitors, including:

o Confirmation of identity o Checking industry databases for denied access o Maintenance of a visitor control register o Issuance of a visitor badge, which is visually different from badges assigned to individuals badged under an FFDA o Requiring that construction visitors be escorted within the construction site o Authorization by a first line supervisor or greater that the construction visitor(s) have expertise needed to support or direct the construction of a safety- or security-related SSC Implement procedures for training and controlling construction escorts:

o Require escorts to hold a FFDA for the construction site o Require understanding of responsibilities to perform escort duties o Require general knowledge of the construction activities to be performed or directed by the construction visitor Page 6 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements Construction-controlled area (CCA) escorts will be badged as an FFDA and meet one of the following:

Red Badged, which meets the requirements of 10 CFR Part 26 Sections A - H, N, and O, or Any individual vetted under SNCs Fleet Unescorted Access Authorization process, who meets the 10 CFR Part 26 and 10 CFR Part 73 related requirements for an operational site (Vogtle 1&2, Hatch, and/or Farley), and has been verified and issued an FFDA equivalency Red Badge to the construction site.

An additional exception to NEI 06-06 would be taken to define a construction visitor and a construction escort and to clarify that the construction FFD program does not apply to escorted construction visitors. Responsibilities for individuals assigned to escort operators of vehicles are addressed during pre-job briefs. Escorts will not exceed 10 visitors per escort. Visitors will maintain control of individuals being escorted and observe visitors for unsafe and improper actions, and for aberrant behavior. Also, UFSAR Section 13.7, Fitness for Duty, would be revised to clarify that control of construction visitors and construction escorts would be outlined in the exceptions to NEI 06-06 defined in UFSAR Appendix 1A. The proposed changes to the UFSAR would be made under a licensing document change that would not require NRC review and approval, because the change would be based in its entirety upon the approved exemption. Information-only markups of the planned changes to the UFSAR are provided in Enclosure 2 to this letter as a reviewers aid.

Anyone denied access per the industry shared database review will be ineligible from consideration for visitor access without favorable adjudication.

Operating units allow visitor access for times of 30 days or greater. Badging individuals that support or direct construction of a safety- or security-related SSC will continue to be the preferred method when the job is not short-term in nature.

The overall performance objectives of 10 CFR 26.23 would continue to be met because, the SNC FFD program adheres to NEI 06-06, Revision 6 (April 2013), which provides reasonable assurance that the stated objectives of 10 CFR 26.23 are met. The SNC organization and implementing procedures are designed and implemented to provide assurance that guidance contained in NEI 06-06 is met. The site construction security and emergency preparedness manager is responsible for construction site access authorization programs and is functionally aligned with SNC corporate FFD management for administration of the details of the FFD program (Reference Nuclear Development Quality Assurance Manual (NDQAM), Version 18.0) [ADAMS Accession Number ML18079A532]. SNC is also responsible for administration of site access and FFD programs for contractor/vendor (C/V) construction workers subject to Part 26 requirements. Additional details of the site access authorization and FFD programs which align with Part 26 performance objectives are provided below.

Page 7 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements The SNC Construction FFD Policy Statement is a comprehensive policy statement that describes the purpose, applicability, responsibilities, and actions required of the SNC FFD program. The policy statement states that all employees and subcontractors with unescorted access authorization to the Vogtle 3 and 4 construction site are expected to be reliable, trustworthy, fit for duty, free from the influences of any substance, legal or illegal, and neither mentally nor physically impaired from any cause which in any way might adversely affect their ability to safely and competently perform their duties. The policy statement prohibits the use, sale, purchase, transfer, dispensing, distribution, manufacture or possession of illegal drugs on or off Company time or property; the unauthorized possession, sale, or use of controlled substances on or off Company time or property; and the abuse/misuse of prescription or non-prescription drugs on or off Company time or property. The policy statement outlines potential sanctions that may be taken should an individual fail to meet the provisions of the FFD program. The policy statement also describes the Behavior Observation Program (BOP), which identifies that individuals have a personal responsibility to report FFD concerns about another individuals behavior to any supervisor, manager, or Medical and FFD Services personnel.

Appropriate sanctions for failure to meet expectations of the BOP are also outlined. The policy statement describes various forms of drug and alcohol testing including pre-access, random, for cause, post-accident, and follow-up testing. The policy statement also outlines an individuals responsibility to report, before entering the construction site, legal actions taken against the individual. All construction workers are trained on the policy statement and are required to sign a statement that they were provided a copy of the FFD Policy Statement.

The SNC FFD program for construction workers is implemented through implementing procedures. The principal implementing procedure contains the high-level requirements for program application. The purpose of the procedure is to provide reasonable assurance that personnel can perform their tasks in a reliable and trustworthy manner. Accordingly, it is the policy of SNC that all employees and contractors are reliable, trustworthy, fit for duty, free from the influence of any substances, legal or illegal, and not mentally or physically impaired from any cause, including fatigue, which in any way might adversely affect their ability to safely and competently perform their duties. The FFD program is also designed to provide measures for the early detection of persons who are not fit to perform their job duties. Adherence to the procedure ensures compliance with 10 CFR Part 26 requirements applicable to nuclear plant construction activities and NEI 06-06.

These procedures apply to SNC VEGP 3 and 4 employees; Southern Company employees; VEGP 3 and 4 construction contractors; and direct C/V of either SNC VEGP 3 and 4, VEGP 3 and 4 construction contractors, or Southern Company Affiliate Companies.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements The procedure defines the responsibilities of individuals, supervisors, and managers in regard to the FFD program. All SNC employees, Southern Company employees, direct C/V, and Construction contractors/subcontractors are responsible for:

1. Conforming to the requirements of the Fitness-for-Duty Program by reporting for duty free from the effects of fatigue and substances that might impair the individuals ability to perform his/her duties.

2. Not consuming alcohol within a minimum period of at least 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> preceding any scheduled work shift. Employees shall report any consumption of alcohol within the previous 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> if they are called in to perform work.

3. Reporting any FFD concerns about another individuals behavior to his/her supervisor, manager, or Medical and FFD Services Department personnel.

4. Reporting to their supervisors the use of prescription or over-the-counter medication which might impair their ability to perform their assigned duties.

5. Submitting proof of physician care and/or a valid prescription for the reported medication upon request by the [Medical Review Officer] MRO during review of FFD drug screen results. SNC employees are also responsible for submitting medical documentation as requested by the MRO or SNC Vogtle 1 - 4 Medical site

[registered nurses] RNs for case management purposes.

6. Exercising reasonable diligence and following prudent medical advice to maintain their personal health and medical conditions to ensure their fitness for duty and ability to perform their jobs.

7. Managing their off time to maintain fitness for duty and readiness for work assignments and when experiencing fatigue, self-declaring fatigue to supervision.

8. Reporting any legal actions taken against them to Access Authorization prior to entering the CCA on their first day back to work.

The procedure defines the types of drug and alcohol testing that is part of the FFD program which are:

1. Pre-access;

2. Random;

3. For cause;

4. Post-accident; and

5. Follow-up.

The procedure also requires that individuals will be placed in the random pool at the time of their pre-access test. The procedure also describes the software program that will be used to track FFD data generated in the FFD and Access program. The procedure Page 9 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements describes potential sanctions and discipline that may be taken in the event that FFD program violations occur. Sanctions and disciplinary aspects described in the implementing procedures would not be affected by the proposed use of escorts. The procedure also describes FFD program training requirements. The procedure describes the BOP and training requirements. Adverse trends identified with the FFD program are addressed via the Corrective Action Program.

Based on the above, SNC concludes that the proposed change will have no significant adverse impacts on safety and security, because of the defense-in-depth measures SNC has implemented as described above. These measures include the use of trained escorts who are knowledgeable of the work performed by construction visitors, and verification of the quality of work in accordance with SNCs quality assurance program. Verification that safety- and security-related SSCs have been constructed in accordance with the design is provided through inspections, tests, analyses, and acceptance criteria (ITAAC). In addition, verification that safety- and security-related SSCs will perform their intended function will be provided during pre-operational and start-up testing. Reviews of safeguards design information is not in the scope of this exemption request as these badging requirements are implemented in accordance with 10 CFR 73.57.

4.0 JUSTIFICATION FOR EXEMPTION 10 CFR 26.9, Specific Exemptions, states that the NRC may grant exemptions from the requirements of the regulations provided three conditions are met: 1) the exemption is authorized by law; 2) the exemption will not endanger life or property or the common defense and security; and 3) the exemption is in the public interest.

4.1 This exemption is authorized by law The NRC has authority under 10 CFR 26.9 to grant exemptions from the requirements of NRC regulations. Specifically, 10 CFR 26.9 states that the NRC may grant exemptions from the requirements of 10 CFR Part 26 upon a proper showing. No law exists that would preclude the changes covered by this exemption request.

Additionally, granting of the proposed exemption does not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations.

Accordingly, this requested exemption is authorized by law, as required by 10 CFR 26.9.

4.2 This exemption will not endanger life or property or the common defense and security The proposed exemption from the requirements of 10 CFR 26.4(f) would permit SNC to use technical and vendor experts to construct or direct the construction of safety- or Page 10 of 15

ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements security-related SSCs for a limited period of time, as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26.

The proposed exemption does not introduce any new industrial, chemical, or radiological hazards that would present a public health or safety risk, nor does it modify or remove any design or operational controls or safeguards intended to mitigate any existing on-site hazards. Furthermore, the proposed exemption would not allow for a new fission product release path, result in a new fission product barrier failure mode, or create a new sequence of events that would result in fuel cladding failures.

Accordingly, this proposed exemption will not endanger life or property, as it does not present an undue risk from any existing or proposed equipment or systems.

The proposed exemption requires individuals who construct or direct the construction of security-related SSCs to be under the oversight of an escort who is badged as an FFDA (i.e., either Red Badged to meet the requirements of 10 CFR Part 26 Sections A - H, N and O, or vetted under SNCs Fleet Unescorted Access Authorization process to meet the 10 CFR Part 26 and 10 CFR Part 73 related requirements for an operational site), and trained in the escort requirements. The proposed exemption does not make any changes to the design, construction, or operation of any security-related SSCs, nor does it change any Security procedures. Furthermore, the scope of the proposed exemption request does not include any reviews of safeguards design information as individuals will continue to perform safeguards work activities in accordance with 10 CFR 73.57. Accordingly, this proposed exemption is consistent with the common defense and security. Therefore, the requested exemption from 10 CFR 26.4(f) would not endanger life or property or the common defense and security.

4.3 This exemption is in the public interest The Commissions values guide the NRC in maintaining certain principles as it carries out regulatory activities in furtherance of its safety and security mission. These principles focus the NRC on ensuring safety and security while appropriately considering the interests of the NRC's stakeholders, including the public and licensees. These principles include Independence, Openness, Efficiency, Clarity, and Reliability. Whether the grant of an exemption to the requirement to require all construction workers constructing or supervising the construction of safety- or security-related SSCs to be subject to the construction FFD program rather than allowing the FFD program requirements to be maintained by a construction-escort would be in the public interest depends on the consideration and balancing of the foregoing factors.

Concerning Efficiency, the public has an interest in the best possible management and administration of regulatory activities. Regulatory activities should be consistent with the degree of risk management they achieve. Where several effective alternatives are available, the option that minimizes the use of resources should be adopted.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements Regulatory decisions should be made without undue delay. As applied to using a construction escort to satisfy FFD requirements rather than requiring all safety- and security-related construction workers to meet FFD requirements, the underlying means for achieving FFD performance objectives are equivalent and provide both an effective and an efficient alternative for meeting FFD performance objectives.

Concerning Reliability, once established, regulations should be perceived to be reliable and not unjustifiably in a state of transition. Regulatory actions should always be fully consistent with written regulations and should be promptly, fairly, and decisively administered so as to lend stability to the nuclear construction and planning processes. Here, where the method by which construction FFD performance objectives are met is equivalent, the substantive requirements upon the construction entity are unchanged with the granting of the exemption. Further, the public has an interest in reliability in terms of the stability of the nuclear planning process. This exemption aids planning by allowing escorted construction workers to construct or direct the construction of safety- and security-related SSCs similar to methods used by operating facilities to escort workers to perform work on safety-related SSCs. Thus, regulatory processes are similar between construction and operational phases leading to effective regulatory compliance planning processes.

Concerning Clarity, there should be a clear nexus between regulations and agency goals and objectives whether explicitly or implicitly stated. Agency positions should be readily understood and easily applied. For the reasons explained above, the use of escorted construction workers to meet construction FFD requirements is sufficient for meeting the construction FFD performance objectives and is sufficient to meet the construction FFD requirements. The exemption accordingly recognizes that the use of escorted construction workers is suitable to accomplish the regulatory purpose underlying the requirements of 10 CFR 26.4(f).

The exemption is also consistent with the principles of Independence and Openness; this exemption request considers the regulatory interests involved and explicitly documents the reasons for requesting the exemption.

Accordingly, on balance the exemption is in the public interest.

5.0 RISK ASSESSMENT A risk assessment was not determined to be applicable to address the acceptability of this proposal.

6.0 PRECEDENT EXEMPTIONS None.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements 7.0 SIGNIFICANT HAZARDS DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS The proposed exemption has been evaluated against the criteria of 10 CFR 51.21, Criteria for and identification of licensing and regulatory actions requiring environmental assessments, and has been determined to meet the categorical exclusion criteria of 10 CFR 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, as described below, which evaluates the change against the criteria of 10 CFR 51.22(c)(25).

The requested exemption, which seeks to change FFD requirements for construction workers, does not make any changes to the facility or operating procedures and:

i) Does not involve a significant hazards consideration [10 CFR 51.22(c)(25)(i)]. The standards set forth in 10 CFR 50.92(c) were used to determine whether the requested exemption involved a significant hazards consideration:

(1) Does the proposed licensing action involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed exemption from the requirements of 10 CFR 26.4(f) would allow the Licensee to use escorted construction workers to construct or direct the construction of safety- or security-related structures, systems, and components (SSCs). The requested exemption does not alter the design, function, or operation of any plant equipment.

Therefore, granting this exemption would not involve a significant increase in the probability or consequences of an accident previously evaluated.

(2) Does the proposed licensing action create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The requested exemption does not alter the design, function, or operation of any plant equipment. The requested exemption does not create any new failure mechanisms, malfunctions, or accident initiators.

Therefore, granting this exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements (3) Does the proposed licensing action involve a significant reduction in a margin of safety?

Response: No.

The requested exemption does not affect an SSC, SSC design function, or method of performing or controlling a design function. Construction FFD requirements are not related to or used to establish the design bases of an SSC nor are they considered in the safety analyses. Furthermore, the requested exemption does not exceed or alter a design basis or safety limit.

Therefore, granting this exemption does not involve a significant reduction in a margin of safety.

Therefore, it is concluded that the proposed exemption does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.

ii) Does not involve a significant change in the types or significant increase in the amounts of any effluents that may be released offsite [10 CFR 51.22(c)(25)(ii)]. The requested exemption does not alter the design, function, or operation of any plant equipment. There are no changes to effluent types, plant radiological or non-radiological effluent release quantities, any effluent release path, or the functionality of any design or operational features credited with controlling the release of effluents during plant operation or construction.

Therefore, it is concluded that the proposed exemption does not involve a significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

iii) Does not involve a significant increase in individual or cumulative public or occupational radiation exposure [10 CFR 51.22(c)(25)(iii)]. There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significant increase in occupational radiation exposure.

Therefore, it is concluded that the proposed exemption does not involve a significant increase in individual or cumulative public or occupational radiation exposure.

iv) Does not involve a significant construction impact [10 CFR 51.22(c)(25)(iv)]. The requested exemption does not alter the materials or methods of constructing or testing of any SSCs. No change to the construction of the facility is being made as a result of this exemption.

Therefore, it is concluded that the proposed exemption does not involve a significant construction impact.

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ND-18-1494 Exemption Request: 10 CFR Part 26 Visitor Access Requirements v) Does not involve a significant increase in the potential for or consequences from radiological accidents [10 CFR 51.22(c)(25)(v)]. The requested exemption does not alter the design, function, or operation of any plant equipment. There are no changes to plant radiation zones, nor any change to controls required under 10 CFR Part 20 which preclude a significant increase in occupational radiation exposure.

Therefore, it is concluded that the proposed exemption does not involve a significant increase in the potential for or consequences from radiological accidents.

vi) Involves employment suitability requirements related to fitness for duty as obtaining a FFDA is a prerequisite for working on or directing work on safety- and security-related SSCs. [10 CFR 51.22(c)(25)(vi)(E)].

Accordingly, the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this exemption.

8.0 CONCLUSION

The requested exemption would permit SNC to use technical and vendor experts to construct or direct the construction of safety- and security-related SSCs for a limited period of time as a visitor under the control of an escort subject to the FFD requirements of 10 CFR Part 26. The exemption is necessary because SNC expects to require the use of technical and vendor experts to provide direction, expertise, and oversight during the inspection and testing phases of the project.

The exemption request meets the requirements of 10 CFR 26.9, Specific Exemptions, in that the requested exemption is authorized by law, will not endanger life or property or the common defense and security, and is in the public interest.

9.0 REFERENCES

None Page 15 of 15

Southern Nuclear Operating Company ND-18-1494 Enclosure 2 Vogtle Electric Generating Plant (VEGP) Units 3 and 4 Reviewers Aid: Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY)

Insertions Denoted by Blue Underline Omitted text is identified by three asterisks ( * * * )

(This Enclosure consists of 5 pages, including this cover page)

ND-18-1494 Reviewers Aid: Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY)

The UFSAR Appendix 1A entry for conformance with Regulatory Guide (RG) 5.84 is revised to reflect the exceptions taken to NEI 06-06, Revision 6 (April 2013).

Note: This markup reflects text which was incorporated into the current version of the UFSAR and further revised by LAR-18-018.

Reg. Guide 5.84, Rev. 0, 7/15 - Fitness-for-Duty Programs at New Reactor Construction Sites Conformance with programmatic and/or operational aspects is documented below.

General 10 CFR Part 26 Exception Exceptions to guidance provided in NEI 06-06 Rev. 6 NEI 06-06 Rev. 6 (April 2013) are as (April 2013) described below:

The third paragraph of Section 2.1, Construction, is revised to read:

The FFD program for construction applies to individuals specified in 10 CFR 26.4(f) who are constructing or directing the construction of safety-or security-related SSCs, unless the construction site entity chooses to subject these individuals to a full FFD program that meets all of the requirements in 10 CFR Part 26, except Subparts I and K, or are escorted by a qualified individual subject to the construction FFD program. Thus, the FFD program for construction applies to individuals who perform the following types of activities:

A definition is added to define a limited FFD authorization as follows:

Limited Fitness-for-Duty (FFD)

Authorization (FFDA) - An authorization granted for a limited period of time to potential 10 CFR 26.4(f) workers that have not completed all elements for FFDA for individuals subject to 10 CFR Part 26 Subpart K. Workers granted a Limited FFDA shall be administratively prevented from constructing or directing the construction of safety- or Page 2 of 5

ND-18-1494 Reviewers Aid: Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY) security-related structures, systems, and components (SSCs).

A definition is added to define a construction escort as follows:

Construction Escort - An individual subject to the construction FFD program assigned to escort and observe a construction worker engaged in constructing or directing the construction of a safety- or security-related SSC and is not subject to the construction FFD program.

A definition is added to define a construction visitor as follows:

Construction Visitor - An individual determined by the construction entity to have expertise needed to support or direct the construction of a safety- or security-related SSC for thirty days or less in a sixty day period and authorized by a first line supervisor or greater, but who is not subject to the construction FFD program.

Insert additional required procedures to Section 5.2, Procedures as follows:

14. Procedures for processing, escorting, and controlling construction visitors to include:

a. Confirmation of identity

b. Checking against industry databases for denied access

c. Maintenance of a visitor control register

d. Requirement that all construction visitors be escorted within the construction site

15. Procedures for training and controlling construction escorts to include:

a. Requiring escorts to hold a FFDA for the construction site Page 3 of 5

ND-18-1494 Reviewers Aid: Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY)

b. Requiring understanding of responsibilities to perform escort duties

c. Requirement to be generally knowledgeable of the construction activities to be performed by the construction visitor Section 6.2.1, Pre-Assignment, is clarified to allow an individual to have limited access to the construction site under the conditions specified in Section 9.3. An individual may be eligible for limited access to the construction site under the conditions specified in Section 9.3 [of NEI 06-06 Revision 6 (April 2013)].

Section 8. Reviewing Official, the first sentence of the first paragraph is revised to read:

The construction site entity or as applicable, approved contractors/vendors (C/V), is required to designate in writing one or more individuals as a reviewing official to make FFDA (including Limited FFDA) determinations relative to a potential construction site workforce members trustworthiness and reliability and fitness for duty.

Section 9.2, Types of FFDA, is revised to add a fourth type - Limited FFDA Section 9.3, Granting FFDA and FFDA Elements, is revised to add an introductory paragraph that reads:

A construction site entity may grant a Limited FFDA for a period of up to five business days upon successful completion and documentation of the elements specified within Section 9.1, as appropriate, except the requirement Page 4 of 5

ND-18-1494 Reviewers Aid: Licensing Document Changes Implementing the Exemption Request (FOR INFORMATION ONLY) for documentation of a passed drug test.

The site-specific information of UFSAR Section 13.7 is revised to clarify that escorted construction workers may construct or direct the construction of safety or security-related SSCs.

The construction FFD program is consistent with NEI 06-06 (Reference 201) as endorsed by NRC Regulatory Guide 5.84, Revision 0, as amended by the exceptions documented in Appendix 1A, and the pre-access provisions for reinstatement described in 10 CFR 26.65. NEI 06-06 applies to persons constructing or directing the construction of safety- and security-related structures, systems, or components performed onsite where the new reactor will be installed and operated. Management and oversight personnel, as further described in NEI 06-06, and security personnel prior to the receipt of special nuclear material in the form of fuel assemblies (with certain exceptions) will be subject to the operations FFD program that meets the requirements of 10 CFR Part 26, Subparts A through H, N, and O. At the establishment of a protected area, all persons who are granted unescorted access will meet the requirements of an operations FFD program. The NRC endorsed NEI 06-06 (Reference 201) and the FFD program subject to Subpart K was revised to reflect the changes.

The following site-specific information is provided:

The construction site is defined in the Physical Security Plan, Appendix E and is under the control of SNC. The 10 CFR Part 26 requirements are implemented for the construction site area based on the descriptions provided in Table 13.4-201.

Construction Workers & First Line Supervisors are covered by the SNC FFD Program (elements Subpart K) except when escorted by a construction escort.

Control of construction visitors and construction escorts is described in the UFSAR Appendix 1A entry for Regulatory Guide 5.84.

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