Fitness-for-Duty Programs for New Nuclear Power Plant Construction Sites, 48348-48349 [2015-19773]

Download as PDF 48348 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices Attachment 1 All Power Reactor Licensees Owned and Operated By Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear Generation Company Arkansas Nuclear One, Units 1 and 2 Entergy Operations, Inc. Docket Nos. 50–313, 50–368 License Nos. DRP–51; NPF–6 Mr. Jeremy Browning, Site Vice President Arkansas Nuclear One Entergy Operations, Inc. 1448 SR 333 Russellville, AR 72802–0967 Grand Gulf Nuclear Station Entergy Operations, Inc. Docket No. 50–416 License No. NPF–29 Mr. Kevin J. Mulligan, Site Vice President Entergy Operations, Inc. Grand Gulf Nuclear Station P.O. Box 756 Port Gibson, MS 39150 Indian Point Nuclear Generating Unit Nos. 2 and 3 Entergy Nuclear Operations, Inc. Docket Nos. 50–247 and 50–286 License Nos. DPR–26 and DPR–64 John Ventosa, Vice President, Operations Entergy Nuclear Operations, Inc. Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511–0249 James A. FitzPatrick Nuclear Power Plant John Dent, Jr., Vice President—Site Vice President Entergy Nuclear Operations Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360–5508 River Bend Station Entergy Operations, Inc. Docket No. 50–458 License No. NPF–47 Mr. Eric W. Olson, Site Vice President Entergy Operations, Inc. River Bend Station 5485 US Highway 61N St. Francisville, LA 70775 Vermont Yankee Nuclear Power Station Entergy Nuclear Operations, Inc. Docket No. 50–271 License No. DPR–28 Christopher J. Wamser, Site Vice President Entergy Nuclear Operations, Inc. Vermont Yankee Nuclear Power Station 320 Governor Hunt Road Vernon, VT 05354 Waterford Steam Electric Station, Unit 3 Entergy Operations, Inc. Docket No. 50–382 License No. NPF–38 Mr. Michael R. Chisum, Site Vice President Entergy Operations, Inc. Waterford Steam Electric Station 17265 River Road Killona, LA 70057–0751 Attachment 2—Redacted Editorial Note: This document was received for publication by the Office of the Federal Register on August 7, 2015. [FR Doc. 2015–19853 Filed 8–11–15; 8:45 am] BILLING CODE 7590–01–P Palisades Nuclear Plant mstockstill on DSK4VPTVN1PROD with NOTICES Entergy Nuclear Operations, Inc. Docket No. 50–333 License No. DPR–59 Lawrence Coyle, Executive Vice President Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093 AGENCY: Entergy Nuclear Operations, Inc. Docket No. 50–255 License No. DPR–20 Anthony J. Vitale, Site Vice President Entergy Nuclear Operations, Inc. Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Pilgrim Nuclear Power Station Entergy Nuclear Generation Company Docket No. 50–293 License No. DPR–35 VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 NUCLEAR REGULATORY COMMISSION [NRC–2014–0253] Fitness-for-Duty Programs for New Nuclear Power Plant Construction Sites 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: Carol.Gallagher@nrc.gov. • 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/readingrm/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 pdr.resource@nrc.gov. 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: wesley.held@nrc.gov, or Richard A. Jervey, Office of Nuclear Regulatory Research, telephone: 301–415–6201, email: richard.jervey@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. I. Introduction 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 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 SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. 18:16 Aug 11, 2015 Jkt 235001 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 NUCLEAR REGULATORY COMMISSION [NRC–2015–0175] Information Collection: NRC Form 664, ‘‘General Licensee Registration’’ U.S. Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ‘‘NRC Form 664, General Licensee Registration.’’ DATES: Submit comments by October 13, 2015. Comments received after this date will be considered if it is practical to do SUMMARY: IV. Backfitting and Issue Finality This regulatory guide provides guidance on the methods acceptable to the NRC staff for complying with the VerDate Sep<11>2014 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 48349 so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0175. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Tremaine Donnell, Office of Information Services, Mail Stop: T–5 F53, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Tremaine Donnell, Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6258; email: INFOCOLLECTS.Resource@NRC.GOV. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2015– 0175 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0175. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2015–0175 on this Web site. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection 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 pdr.resource@nrc.gov. A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML15191A014. The E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48348-48349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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: Carol.Gallagher@nrc.gov.
     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 pdr.resource@nrc.gov. 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: 
wesley.held@nrc.gov, or Richard A. Jervey, Office of Nuclear Regulatory 
Research, telephone: 301-415-6201, email: richard.jervey@nrc.gov. 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