ML19336A003

11/7/2019 - Meeting Summary for Fitness for Duty Drug Testing Requirements Rulemaking

ML19336A003
Person / Time
Issue date:	12/05/2019
From:	Office of Nuclear Material Safety and Safeguards
To:
SChneider, Stewart; Zaleski, Brian
References
Download: ML19336A003 (5)

Text

U.S. Nuclear Regulatory Commission Public Meeting Summary December 5, 2019

Title:

Public Meeting to Discuss the Proposed Rule Associated with the Fitness for Duty Drug Testing Requirements Rulemaking Meeting Identifier: 20191073 Date of Meeting: November 7, 2019 Location: NRC Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852 (Room TWFN-8D02)

Type of Meeting: Category 3 Purpose of the Meeting:

To provide an opportunity for the Nuclear Regulatory Commission (NRC) and external stakeholders to exchange information on the proposed rule to update the fitness for duty drug testing requirements in 10 CFR Part 26 (Docket No. NRC-2009-0225). The NRC will also discuss and solicit feedback on the draft regulatory analysis, draft regulatory guidance, and specific requests for comments included in the proposed rule. This feedback will support the NRCs development of the final rule and aforementioned supporting documents.

General Details:

The NRC conducted a public meeting scheduled from 9:00 a.m. - 4:00 p.m. eastern standard time (EST) that ran approximately 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />. The meeting was attended by 61 individuals, including 12 NRC staff and 49 members of the public. Approximately one-third attended in person and the two-thirds participated via WebEx and teleconference. Meeting participants included representatives from the nuclear industry (e.g., Nuclear Energy Institute), nuclear power reactor licensees (e.g., Exelon, Duke Energy, First Energy, Luminant), federal agencies (e.g., Health and Human Services), and several private citizens. The meeting was transcribed, and the transcript is available in the NRCs Agencywide Document Access and Management System (ADAMS) under Accession No. ML19336A004, and at Regulations.gov under Docket No. NRC-2009-0225. A list of attendees is provided as an enclosure to this meeting summary.

Summary of NRC Presentation:

The meeting began with an NRC presentation on the rulemaking process, schedule, and rulemaking background. Subsequently, the NRC presentation was organized into four main topics: proposed rule changes, specific requests for comments in the Federal Register notice for the proposed rule, draft regulatory guide, and draft regulatory analysis. The NRC addressed questions from the public during the presentation of each topic, and at the discussion and questions segment at the end of the meeting. The NRC explained that public feedback from this meeting would be considered during the development of the final rule. Also, the NRC noted that the public could still provide comments on the proposed rule because the comment period

did not close until December 2, 2019. The NRC stated that another public meeting would be held during the final rule stage to solicit feedback on the cumulative effects of regulation and the effective date of the revised requirements. The meeting concluded with a description of how to find information for this rulemaking at regulations.gov and use of the NRC public meeting feedback form.

The meeting transcript which provides the complete NRC presentation is available in ADAMS under Accession No. ML19336A004. Also, the NRCs presentation slides are available in ADAMS under Accession No. ML19297D509.

Public Participation Themes:

A number of participants asked questions or provided feedback on the proposed rule, the specific questions in the Federal Register notice, the proposed draft regulatory guide and regulatory analysis. This and the NRC responses are captured in the public meeting transcript.

Action Items/Next Steps:

• There were no action items as a result of the public meeting.

• The NRC will hold another public meeting on the cumulative effects of regulation and the effective date of this rule during the final rule stage.

• Final rule will be provided to the Commission by February 26, 2021 (subject to change).

• Final rule will be published by May 26, 2021 (subject to change).

Additional Information:

• Meeting notice and agenda: ADAMS Accession No. ML19283A042

• NRC staff presentation: ADAMS Accession No. ML19297D509

• Transcript: ADAMS Accession No. ML19336A004

• Meeting Summary: ADAMS Accession No. ML19336A003

ML19336A003 *via email OFFICE NMSS/REFS/RRPB/PM NMSS/REFS/RRPB/RS* NMSS/REFS/RRPB/ABC*

NAME SSchneider GLappert IBerrios DATE 12/4/2019 12/4/2019 12/4/2019 LIST OF ATTENDEES FOR 11/07/2019 CATEGORY 3 PUBLIC MEETING First Name Last Name Affiliation 1 Howard Benowitz NRC 2 Anthony Bowers NRC 3 Theresa Clark NRC 4 Nicole Fields NRC 5 Paul Harris NRC 6 Glenna Lappert NRC 7 Mark Lintz NRC 8 Lisa London NRC 9 Stewart Schneider NRC 10 Fred Schofer NRC 11 Soly Soto Lugo NRC 12 Brian Zaleski NRC 13 Jason Presley BWXT 14 Steve Puckett BWXT 15 Andrew Rander BWXT 16 Amy Findley Callaway Energy Center 17 Lindsey Gepler Callaway Energy Center 18 Mike Haglund Callaway Energy Center 19 Ozzie Vidal Certrec Corporation 20 Jeff Schwarting Cooper 21 Misty Thomas Court Excellence 22 Tammy Bond D.C. Cook 23 Robert Haemer D.C. Cook 24 Charlene Miller Diablo Canyon 25 Don Townsend Diablo Canyon 26 Cynthia Bomyea DTE 27 Teddy Reed Duke Energy 28 Jerry Woods Entergy-Arkansas Nuclear One 29 Scott Summers Entergy-Palisades 30 Mattew Deignan Entergy-River Bend 31 Kelsie Chenier Entergy-Waterford 3 32 Mary Fran Yerkes Exelon 33 Nick DiPietro First Energy 34 Brenda Thorbahn First Energy-Davis Besse 35 Ron Flegal HHS/SAMHSA 36 Hyden Shen HHS/SAMHSA 37 Tim Chapin INPO

LIST OF ATTENDEES FOR 11/07/2019 CATEGORY 3 PUBLIC MEETING First Name Last Name Affiliation 38 John Nielsen INPO 39 Mike McNally Luminant 40 Joao-Paulo Azevedo Member of the public 41 Albert Shwartz Member of the Public 42 Nouza Member of the Public 43 Scott Clausen Morgan Lewis 44 James Cordes Neal R Gross (Court Reporter) 45 Lisa Hogg NEI 46 Rich Mogavera NEI 47 David Bonthron Nextera/FPL 48 Dawn Odom Nextera/FPL 49 Dr. Gary Schecodnic Nextera/FPL 50 Don Popp Nextera/FPL-Point Beach 51 Stella Dumais Nextera/FPL-Seabrook 52 Jim Denton Nextera/FPL-Turkey Point 53 Ken Greer NFS/BWXT 54 G.L. Plumee NuScale Power - Consultant 55 Dr. Andy Yorgason Palo Verde 56 Kevin F Smith ProMedica 57 Cajya Darling PSEG 58 Jeff Kerby PSEG 59 Walter Fulton South Texas Project 60 Sarah Ludwig South Texas Project 61 Cheree Montgomery Southern Nuclear