80_FR_48503 80 FR 48348 - Fitness-for-Duty Programs for New Nuclear Power Plant Construction Sites

80 FR 48348 - Fitness-for-Duty Programs for New Nuclear Power Plant Construction Sites

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48348-48349
FR Document2015-19773

The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG), RG 5.84, ``Fitness-for-Duty Programs at New Reactor Construction Sites.'' This RG provides guidance for implementing fitness-for-duty (FFD) requirements at nuclear power plant construction sites.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015) 
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48348-48349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19773]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0253]


Fitness-for-Duty Programs for New Nuclear Power Plant 
Construction Sites

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
regulatory guide (RG), RG 5.84, ``Fitness-for-Duty Programs at New 
Reactor Construction Sites.'' This RG provides guidance for 
implementing fitness-for-duty (FFD) requirements at nuclear power plant 
construction sites.

ADDRESSES: Please refer to Docket ID NRC-2014-0253 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0253. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Revision 0 of Regulatory Guide 5.84, is available in ADAMS 
under Accession No. ML15083A412. The regulatory analysis may be found 
in ADAMS under Accession No. ML14218A861.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Wesley W. Held, Office of Nuclear 
Security and Incident Response, telephone: 301-415-1583, email: 
[email protected], or Richard A. Jervey, Office of Nuclear Regulatory 
Research, telephone: 301-415-6201, email: [email protected]. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing a new guide in the NRC's ``Regulatory Guide'' 
series. This series was developed to describe and make available to the 
public information regarding methods that are acceptable to the NRC 
staff for implementing specific parts of the agency's regulations, 
techniques that the staff uses in evaluating specific issues or 
postulated events, and data that the staff needs in

[[Page 48349]]

its review of applications for permits and licenses.
    Revision 0 of RG 5.84 was issued with a temporary identification as 
Draft Regulatory Guide, DG-5036. This guidance is provided to ensure 
the effective and consistent implementation of the requirements in 
subpart K, ``FFD Programs for Construction,'' of part 26, ``Fitness-
for-Duty Programs,'' in Title 10 of the Code of Federal Regulations (10 
CFR). Part 26 requires certain individuals involved in the construction 
of nuclear power plants to be fit for duty. The requirements in part 26 
are prescriptive in a number of areas, such as drug and alcohol 
testing; however, in other areas, such as those associated with subpart 
K, the regulations contain less prescriptive, performance-based 
requirements. The performance-based regulations in subpart K enable 
licensees, applicants, and other entities to develop, implement, and/or 
maintain site-specific (or fleet-wide) FFD programs in a manner that 
best suits their needs while still meeting regulatory requirements. 
However, this flexibility, without regulatory guidance, can challenge 
consistent and effective rule implementation. For example, a licensee 
can implement sanctions for FFD policy violations that are markedly 
more or less severe than sanctions for an equivalent violation at 
another licensee's construction site. This RG endorses the 
methodologies described in industry guidance document Nuclear Energy 
Institute (NEI) 06-06, ``Fitness for Duty Program Guidance for New 
Nuclear Power Plant Construction Sites,'' revision 6, dated April 2013 
(ADAMS Accession No. ML13093A340), with one exception.

II. Additional Information

    DG-5036 was published in the Federal Register on November 28, 2014 
(79 FR 70898), for a 60-day public comment period. The public comment 
period closed on January 27, 2015. Public comments on DG-5036 and the 
staff responses to the public comments are available under ADAMS 
Accession Number ML15083A410.

III. Congressional Review Act

    This regulatory guide is a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget has not found it to be a major rule as defined in the 
Congressional Review Act.

IV. Backfitting and Issue Finality

    This regulatory guide provides guidance on the methods acceptable 
to the NRC staff for complying with the NRC's regulations associated 
with FFD programs of licensees or other entities during construction of 
new nuclear power reactors. The guide applies to certain current and 
future applicants for, and holders of, power reactor licenses and 
construction permits under 10 CFR part 50 and power reactor licenses 
and early site permits under 10 CFR part 52. Issuance of RG 5.84 does 
not constitute backfitting under 10 CFR part 50 and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. As 
discussed in the ``Implementation'' section of RG 5.84, the NRC has no 
current intention to impose the RG on current holders of 10 CFR part 50 
operating licenses or 10 CFR part 52 combined licenses.
    This RG could be applied to applications for certain 10 CFR part 50 
operating licenses or construction permits and 10 CFR part 52 combined 
licenses and early site permits. Such action would not constitute 
backfitting as defined in 10 CFR 50.109 or be otherwise inconsistent 
with the applicable issue finality provision in 10 CFR part 52, 
inasmuch as such applicants are not within the scope of entities 
protected by 10 CFR 50.109 or the relevant issue finality provisions in 
10 CFR part 52.

    Dated at Rockville, Maryland, this 7th day of August, 2015.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-19773 Filed 8-11-15; 8:45 am]
 BILLING CODE 7590-01-P

48348 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices Attachment 1 John Dent, Jr., Vice President—Site Vice NRC about the availability of All Power Reactor Licensees Owned President information regarding this document. and Operated By Entergy Nuclear Entergy Nuclear Operations You may access information related to Pilgrim Nuclear Power Station this document, which the NRC Operations, Inc.; Entergy Operations, 600 Rocky Hill Road possesses and is publicly available, Inc.; and Entergy Nuclear Generation Plymouth, MA 02360–5508 using the following methods: Company River Bend Station • Federal Rulemaking Web site: Go to Arkansas Nuclear One, Units 1 and 2 http://www.regulations.gov and search Entergy Operations, Inc. for Docket ID NRC–2014–0253. Address Entergy Operations, Inc. Docket No. 50–458 Docket Nos. 50–313, 50–368 questions about NRC dockets to Carol License No. NPF–47 Gallagher; telephone: 301–415–3463; License Nos. DRP–51; NPF–6 Mr. Eric W. Olson, Site Vice President Mr. Jeremy Browning, Site Vice email: Carol.Gallagher@nrc.gov. Entergy Operations, Inc. President River Bend Station • NRC’s Agencywide Documents Arkansas Nuclear One 5485 US Highway 61N Access and Management System Entergy Operations, Inc. St. Francisville, LA 70775 (ADAMS): You may access publicly 1448 SR 333 available documents online in the NRC Russellville, AR 72802–0967 Vermont Yankee Nuclear Power Station Library at http://www.nrc.gov/reading- Grand Gulf Nuclear Station Entergy Nuclear Operations, Inc. rm/adams.html. To begin the search, Docket No. 50–271 select ‘‘ADAMS Public Documents’’ and Entergy Operations, Inc. License No. DPR–28 then select ‘‘Begin Web-based ADAMS Docket No. 50–416 Christopher J. Wamser, Site Vice Search.’’ For problems with ADAMS, License No. NPF–29 President please contact the NRC’s Public Mr. Kevin J. Mulligan, Site Vice Entergy Nuclear Operations, Inc. Document Room (PDR) reference staff at President Vermont Yankee Nuclear Power Station 1–800–397–4209, 301–415–4737, or by Entergy Operations, Inc. 320 Governor Hunt Road email to pdr.resource@nrc.gov. The Grand Gulf Nuclear Station Vernon, VT 05354 ADAMS accession number for each P.O. Box 756 document referenced in this notice (if Port Gibson, MS 39150 Waterford Steam Electric Station, Unit 3 that document is available in ADAMS) Indian Point Nuclear Generating Unit Entergy Operations, Inc. is provided the first time that a Nos. 2 and 3 Docket No. 50–382 document is referenced. Revision 0 of License No. NPF–38 Regulatory Guide 5.84, is available in Entergy Nuclear Operations, Inc. Mr. Michael R. Chisum, Site Vice ADAMS under Accession No. Docket Nos. 50–247 and 50–286 President ML15083A412. The regulatory analysis License Nos. DPR–26 and DPR–64 Entergy Operations, Inc. may be found in ADAMS under John Ventosa, Vice President, Waterford Steam Electric Station Accession No. ML14218A861. Operations Entergy Nuclear Operations, Inc. 17265 River Road • NRC’s PDR: You may examine and Killona, LA 70057–0751 purchase copies of public documents at Indian Point Energy Center 450 Broadway, GSB Attachment 2—Redacted the NRC’s PDR, Room O1–F21, One P.O. Box 249 White Flint North, 11555 Rockville Buchanan, NY 10511–0249 Editorial Note: This document was Pike, Rockville, Maryland 20852. received for publication by the Office of the Regulatory guides are not James A. FitzPatrick Nuclear Power Federal Register on August 7, 2015. copyrighted, and NRC approval is not Plant [FR Doc. 2015–19853 Filed 8–11–15; 8:45 am] required to reproduce them. Entergy Nuclear Operations, Inc. BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: Docket No. 50–333 Wesley W. Held, Office of Nuclear License No. DPR–59 Security and Incident Response, Lawrence Coyle, Executive Vice NUCLEAR REGULATORY telephone: 301–415–1583, email: President COMMISSION wesley.held@nrc.gov, or Richard A. Entergy Nuclear Operations, Inc. [NRC–2014–0253] Jervey, Office of Nuclear Regulatory James A. FitzPatrick Nuclear Power Research, telephone: 301–415–6201, Plant Fitness-for-Duty Programs for New email: richard.jervey@nrc.gov. Both are P.O. Box 110 Nuclear Power Plant Construction staff of the U.S. Nuclear Regulatory Lycoming, NY 13093 Sites Commission, Washington, DC 20555– Palisades Nuclear Plant AGENCY: Nuclear Regulatory 0001. Entergy Nuclear Operations, Inc. Commission. SUPPLEMENTARY INFORMATION: Docket No. 50–255 ACTION: Regulatory guide; issuance. I. Introduction License No. DPR–20 Anthony J. Vitale, Site Vice President SUMMARY: The U.S. Nuclear Regulatory The NRC is issuing a new guide in the Entergy Nuclear Operations, Inc. Commission (NRC) is issuing a new NRC’s ‘‘Regulatory Guide’’ series. This regulatory guide (RG), RG 5.84, mstockstill on DSK4VPTVN1PROD with NOTICES Palisades Nuclear Plant series was developed to describe and 27780 Blue Star Memorial Highway ‘‘Fitness-for-Duty Programs at New make available to the public information Covert, MI 49043 Reactor Construction Sites.’’ This RG regarding methods that are acceptable to provides guidance for implementing the NRC staff for implementing specific Pilgrim Nuclear Power Station fitness-for-duty (FFD) requirements at parts of the agency’s regulations, Entergy Nuclear Generation Company nuclear power plant construction sites. techniques that the staff uses in Docket No. 50–293 ADDRESSES: Please refer to Docket ID evaluating specific issues or postulated License No. DPR–35 NRC–2014–0253 when contacting the events, and data that the staff needs in VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48349 its review of applications for permits NRC’s regulations associated with FFD so, but the Commission is able to ensure and licenses. programs of licensees or other entities consideration only for comments Revision 0 of RG 5.84 was issued with during construction of new nuclear received on or before this date. a temporary identification as Draft power reactors. The guide applies to ADDRESSES: You may submit comments Regulatory Guide, DG–5036. This certain current and future applicants by any of the following methods: guidance is provided to ensure the for, and holders of, power reactor • Federal Rulemaking Web site: Go to effective and consistent implementation licenses and construction permits under http://www.regulations.gov and search of the requirements in subpart K, ‘‘FFD 10 CFR part 50 and power reactor for Docket ID NRC–2015–0175. Address Programs for Construction,’’ of part 26, licenses and early site permits under 10 questions about NRC dockets to Carol ‘‘Fitness-for-Duty Programs,’’ in Title 10 CFR part 52. Issuance of RG 5.84 does Gallagher; telephone: 301–415–3463; of the Code of Federal Regulations (10 not constitute backfitting under 10 CFR email: Carol.Gallagher@nrc.gov. For CFR). Part 26 requires certain part 50 and is not otherwise technical questions, contact the individuals involved in the construction inconsistent with the issue finality individual listed in the FOR FURTHER of nuclear power plants to be fit for provisions in 10 CFR part 52. As INFORMATION CONTACT section of this duty. The requirements in part 26 are discussed in the ‘‘Implementation’’ document. prescriptive in a number of areas, such section of RG 5.84, the NRC has no • Mail comments to: Tremaine as drug and alcohol testing; however, in current intention to impose the RG on Donnell, Office of Information Services, other areas, such as those associated current holders of 10 CFR part 50 Mail Stop: T–5 F53, U.S. Nuclear with subpart K, the regulations contain operating licenses or 10 CFR part 52 Regulatory Commission, Washington, less prescriptive, performance-based combined licenses. DC 20555–0001. requirements. The performance-based This RG could be applied to For additional direction on obtaining regulations in subpart K enable applications for certain 10 CFR part 50 information and submitting comments, licensees, applicants, and other entities operating licenses or construction see ‘‘Obtaining Information and to develop, implement, and/or maintain permits and 10 CFR part 52 combined Submitting Comments’’ in the site-specific (or fleet-wide) FFD licenses and early site permits. Such SUPPLEMENTARY INFORMATION section of programs in a manner that best suits action would not constitute backfitting this document. their needs while still meeting as defined in 10 CFR 50.109 or be FOR FURTHER INFORMATION CONTACT: regulatory requirements. However, this otherwise inconsistent with the Tremaine Donnell, Office of Information flexibility, without regulatory guidance, applicable issue finality provision in 10 Services, U.S. Nuclear Regulatory can challenge consistent and effective CFR part 52, inasmuch as such Commission, Washington, DC 20555– rule implementation. For example, a applicants are not within the scope of 0001; telephone: 301–415–6258; email: licensee can implement sanctions for entities protected by 10 CFR 50.109 or INFOCOLLECTS.Resource@NRC.GOV. FFD policy violations that are markedly the relevant issue finality provisions in SUPPLEMENTARY INFORMATION: more or less severe than sanctions for an 10 CFR part 52. equivalent violation at another I. Obtaining Information and Dated at Rockville, Maryland, this 7th day Submitting Comments licensee’s construction site. This RG of August, 2015. endorses the methodologies described A. Obtaining Information For the Nuclear Regulatory Commission. in industry guidance document Nuclear Energy Institute (NEI) 06–06, ‘‘Fitness Thomas H. Boyce, Please refer to Docket ID NRC–2015– for Duty Program Guidance for New Chief, Regulatory Guidance and Generic 0175 when contacting the NRC about Nuclear Power Plant Construction Issues Branch, Division of Engineering, Office the availability of information for this of Nuclear Regulatory Research. action. You may obtain publicly- Sites,’’ revision 6, dated April 2013 (ADAMS Accession No. ML13093A340), [FR Doc. 2015–19773 Filed 8–11–15; 8:45 am] available information related to this with one exception. BILLING CODE 7590–01–P action by any of the following methods: • Federal rulemaking Web site: Go to II. Additional Information http://www.regulations.gov and search DG–5036 was published in the NUCLEAR REGULATORY for Docket ID NRC–2015–0175. A copy Federal Register on November 28, 2014 COMMISSION of the collection of information and (79 FR 70898), for a 60-day public related instructions may be obtained [NRC–2015–0175] comment period. The public comment without charge by accessing Docket ID period closed on January 27, 2015. Information Collection: NRC Form 664, NRC–2015–0175 on this Web site. Public comments on DG–5036 and the ‘‘General Licensee Registration’’ • NRC’s Agencywide Documents staff responses to the public comments Access and Management System AGENCY: U.S. Nuclear Regulatory (ADAMS): You may obtain publicly- are available under ADAMS Accession Commission. available documents online in the Number ML15083A410. ACTION: Renewal of existing information ADAMS Public Documents collection at III. Congressional Review Act collection; request for comment. http://www.nrc.gov/reading-rm/ This regulatory guide is a rule as adams.html. To begin the search, select defined in the Congressional Review SUMMARY: The U.S. Nuclear Regulatory ‘‘ADAMS Public Documents’’ and then Act (5 U.S.C. 801–808). However, the Commission (NRC) invites public select ‘‘Begin Web-based ADAMS Office of Management and Budget has comment on the renewal of Office of Search.’’ For problems with ADAMS, Management and Budget (OMB) mstockstill on DSK4VPTVN1PROD with NOTICES not found it to be a major rule as please contact the NRC’s Public defined in the Congressional Review approval for an existing collection of Document Room (PDR) reference staff at Act. information. The information collection 1–800–397–4209, 301–415–4737, or by is entitled, ‘‘NRC Form 664, General email to pdr.resource@nrc.gov. A copy IV. Backfitting and Issue Finality Licensee Registration.’’ of the collection of information and This regulatory guide provides DATES: Submit comments by October 13, related instructions may be obtained guidance on the methods acceptable to 2015. Comments received after this date without charge by accessing ADAMS the NRC staff for complying with the will be considered if it is practical to do Accession No. ML15191A014. The VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1


Document Created: 2016-09-27 22:27:38
Document Modified: 2016-09-27 22:27:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRegulatory guide; issuance.
ContactWesley W. Held, Office of Nuclear Security and Incident Response, telephone: 301-415-1583, email: [email protected], or Richard A. Jervey, Office of Nuclear Regulatory Research, telephone: 301-415-6201, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation80 FR 48348 
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