SECY-21-0102, M220323: Affirmation Session - SECY-21-0082: Final Rule - Fitness for Duty Drug Testing Requirements (Rin 3150 AI67; NRC-2009-0225) and SECY-21-0102 NextEra Energy Point Beach, LLC (Point Beach Nuclear Plant, Units 1 and 2), Appeal

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M220323: Affirmation Session - SECY-21-0082: Final Rule - Fitness for Duty Drug Testing Requirements (Rin 3150 AI67; NRC-2009-0225) and SECY-21-0102 NextEra Energy Point Beach, LLC (Point Beach Nuclear Plant, Units 1 and 2), Appeal
ML22082A153
Person / Time
Issue date: 03/23/2022
From:
NRC/SECY
To:
References
M220323, SECY-21-0082 M220323
Download: ML22082A153 (6)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland March 23, 2022 The Commission met in open session, pursuant to notice at 9:30 AM., Christopher T.

Hanson, Chairman, presiding.

COMMISSIONERS PRESENT:

CHRISTOPHER T. HANSON, Chairman (via teleconference)

JEFF M. BARAN, Member of the Commission (via teleconference)

DAVID A. WRIGHT, Member of the Commission (via teleconference)

ALSO PRESENT:

MARIAN ZOBLER, General Counsel (via teleconference)

ANNETTE VIETTI-COOK, Secretary of the Commission (via teleconference)

2 DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on March 23, 2022, conducted via teleconference. The meeting was open to the public. This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies.

The transcript is intended solely for general information purposes. As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.

Expressions of opinion in this transcript do not necessarily reflect final determination or beliefs.

No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.

3

[9:30 a.m.]

P R O C E E D I N G S CHAIRMAN HANSON: Thank you operator. Good morning, I am Christopher Hanson, Chairman of the Nuclear Regulatory Commission, and I am presiding over this public affirmation session, which is being conducted by teleconference.

Joining me are the other currently serving members of the Commission. May I have each Commissioner affirm their presence when I call their name. Commissioner Baran.

COMMISSIONER BARAN: Here.

CHAIRMAN HANSON: Commissioner Wright.

COMMISSIONER WRIGHT: Here.

CHAIRMAN HANSON: Also participating are Annette Vietti-Cook, Secretary of the Commission.

ANNETTE VIETTI-COOK: Here.

CHAIRMAN HANSON: And Marian Zobler, General Counsel.

MARIAN ZOBLER: Im here.

CHAIRMAN HANSON: This meeting is open to the public to listen in.

Madam Secretary, I believe we have two items for affirmation this morning. Would you please lead the Commission through?

ANNETTE VIETTI-COOK: Yes. Todays first item is SECY-21-0082 - Final Rule -

Fitness for Duty Drug Testing Requirements.

4 The Commission is being asked to act on a final rule to align the U.S. Nuclear Regulatory Commissions drug testing requirements in Part 26 of Title 10 of the Code of Federal Regulations (10 CFR), Fitness for Duty Programs, more closely to those specified in the 2008 and 2017 U.S. Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs. The final rule also addresses lessons learned from implementing 10 CFR Part 26.

The Commission has voted to approve the publication and implementation of this final rule. The Commission has also certified under the Regulatory Flexibility Act that this rule will not have significant economic impact on a substantial number of small entities.

Would you please affirm your votes after I call your name? Chairman Hanson.

CHAIRMAN HANSON: Aye.

ANNETTE VIETTI-COOK: Commissioner Baran.

COMMISSIONER BARAN: Aye.

ANNETTE VIETTI-COOK: Commissioner Wright.

COMMISSIONER WRIGHT: Aye.

ANNETTE VIETTI-COOK: Thank you. Todays second item is SECY-21-0102 -

NextEra Energy Point Beach, LLC (Point Beach Nuclear Plant, Units 1 and 2), Appeal from Licensing Board Panel 21-5.

The Commission is being asked to act on a Memorandum and Order addressing an appeal by the Physicians for Social Responsibility Wisconsin of the Atomic Safety and Licensing Boards decision denying a petition for leave to intervene and request for a hearing regarding the subsequent license renewal of the operating license for Point Beach Nuclear Plant, Units 1 and 2, for an additional 20 years.

5 The Commission has voted to approve a Memorandum and Order denying Physicians for Social Responsibilitys appeal from LBP 21-5. The appeal is denied for contentions 1 and 2.

Contention 3 was addressed in Commission Legal Issuance 22-3.

Would you please affirm your votes after I call your name? Chairman Hanson.

CHAIRMAN HANSON: Aye.

ANNETTE VIETTI-COOK: Commissioner Baran.

COMMISSIONER BARAN: Aye.

ANNETTE VIETTI-COOK: Commissioner Wright.

COMMISSIONER WRIGHT: Aye.

ANNETTE VIETTI-COOK: Thank you. Thats all I have.

CHAIRMAN HANSON: Thank you Madam Secretary. Would any of the members of the Commission like to make comments regarding the decisions just issued? Okay, I would like to just make a couple of brief comments. Not about the decisions reached, but to appreciate the long service of Annette Vietti-Cook. We are, over the next 7 or 8 days, approaching a series of lasts for Annette, and as it turns out, this is Annettes last affirmation session. So I would like to recognize her and appreciate her publicly for her incredible tenure in service to the American public. On a personal note, Annette, thank you so very much for sticking it out for another Commission and another Chairman. I deeply appreciate it.

ANNETTE VIETTI-COOK: Thank you so much.

CHAIRMAN HANSON: With that then, I will call the affirmation to a close. Thank you all for your participation.

6 CERTIFICATE This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

TITLE OF MEETING:

Affirmation Session (PUBLIC MEETING)

PLACE OF MEETING:

Rockville, Maryland DATE OF MEETING:

March 23, 2022 was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.

Transcriber: Wendy Moore Reporter: (TELECONFERENCE)