ML20195G802
| ML20195G802 | |
| Person / Time | |
|---|---|
| Issue date: | 09/23/1998 |
| From: | Miraglia F NRC (Affiliation Not Assigned) |
| To: | Martin T Committee To Review Generic Requirements |
| Shared Package | |
| ML20195E260 | List: |
| References | |
| FRN-64FR19868, RULE-PR-55 AF62-2, AF62-2-015, AF62-2-15, NUDOCS 9906160168 | |
| Download: ML20195G802 (3) | |
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j UNITED STATES NUCLEAR REGULATORY COMMISSION
- WASHINGTON, D.c. 20555-4001
% ..... f September 23, 1998 MEMORANDUM TO: Thomas T. Martin, Chairman Committee To Review Generic Requirements '
FROM: ,
Frank J. Miraglia, Deputy Director Office of Nuclear Reactor Regulation
SUBJECT:
REQUEST FOR ENDORSEMENT OF THE FINAL RULE ON INITIAL LICENSED OPERATOR EXAMINATION REQUIREMENTS (10 CFR 55)
The Office of Nuclear Reactor Regulation (NRR) requests that the Committee To Review Generic Requirements (CRGR) endorse the subject final rulemaking. Following endors the rulemaking package will be forwarded to the Executive Director for Operations fo The staff previously briefed the CRGR on the subject rulemaking on June 10,1998, and the minutes of that meeting (Number 321) were documented in your memorandum of August 4,1998. The CRGR did not endorse the subject rulemaking because the Committee felt that the arguments regarding the inapplicability of the backfit rule were not defensible that the rule itself did not include the minimum acceptable attributes of the operator examination process. The CRGR recommended that either the implementation of the provisions of the examination rule be voluntary (in which case the rule would not constitute a backfit) the backfitor the rule. staff request the Commission to exempt this rulemaking from the requireme NRR has since revised the final rulemaking to allow, rather than require, power reacto licensees to prepare their own operator licensing examinations in accordance with the criteria the Operator Licensing Examination Standards (ES) for Power Reactors. Licensees that elect to prepare their own examinations will also be required to establish, implement, and maintain procedures to control examination security and integrity, and to proctor and grade the written examinations. The NRC will continue to prepare the licensing examinations for those power reactor facility licensees that elect not to prepare their own and in cases where the NRC has reason to question a power reactor facility licensee's ability to prepare adequate examinations The significant changes are summarized in the second attachment.and NRR believes that additional formal CRGR review of the subject rulemaking is not warranted because the changes that have been made are consistent with the recommendations provided in the and hasCRGR no legal meeting objections.minutes. The Office of the General Counsel has reviewed the chang Attachments: As stated (2)
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Contact:
Robert M. Gallo, NRR 415-1031 9906160168 990608 PDR PR 55 64FR19868 PDR 990L,1(ool(,[
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SUMMARY
OF CHANGES TO PART 55 RULEMAKING SECY l
Any inference that this is a mandatory rule has been removed.
A new
SUMMARY
section has been added after the PURPOSE.
The DISCUSSION section has been divided into subheadings that include effectiveness, efficiency, backfit, resources, and conclusion.
The examination data has been updated through the end of June 1998.
The COORDINATION and RECOMMENDATION sections have been revised to reflect the change to an elective process.
Attachment 1 - Examination Results Any inference that this is a mandatorv rule has been removed.
The examination data has been up:ved through the end of June 1998.
l The new performance-based writter exam screening process has been added as an NRC-recommended change to interim Rev. 8.
The NRC resource discussion has been revised to reflect the voluntary process.
Attachment 2 - Federal Register Notice Any inference that this is a mandatory rule has been removed.
The examination data has been updated through the end of June 1998.
The BACKGROUND section has been revised to explain why the rule has been changed from mandatory to elective.
The BACKFIT discussion has been revised to explain that the staff has decided to implement the revised examination process on an elective basis which obviates the need for a backfit analysis.
The rule language in 55.40 has been revised to make it elective, to require volunteers to prepare, proctor and grade the exams in accordance with NUREG-1021, " Operator Licensing Examination Standards for Power Reactors," and to require volunteers to establish, implement, and maintain examination security procedures. A footnote has been added to provide instructions for obtaining a copy of NUREG-1021.
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The requirement to establish procedures to control examination security has been removed from 55.49 and placed in 55.40.
Attachment 3 - Regulatory Analysis l
l l Any inference that this is a mandatory rule has baan removed. l
.The examination data has been updated through the end of June 1998. !
The BACKGROUND section has been revised to explain why the rule has been changed from mandatory to elective.
The discussion of ALTERNATIVES has been revised to reflect the change in approach.
The Industry and NRC resource burden discussions have been revised to reflect the l l-elective process. )
--. The DECISION RATIONALE has been revised to reflect the change from Alternative 3 !
i to Alternative 2.
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Attachment 2 i
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Attachment 4 - Enforcement Policy This attachment has been revised to reflect the elective nature of the rule change and
?he relocation of the requirement for participating licensees to establish procedures to a:ontrol examination security and integrity from 55.49 to 55.40.
l Attachnent 5 - Congressional Letters ihe letters have been revised to reflect the elective nature of the rule change.
Attachment 6 - Public Announcement The announcement has been revised to reflect the elective nature of the rule change.
NUREG-1021 Conforming changes will be made to reflect the elective nature of the rule change.
The appropriate standards will be revised to implement a performance-based written examination review process.
The examination criteria (e.g., systematic outline development) will be reviewed to determine if there are any other efficiencies that can be taken for NRC-prepared examinations.
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