[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56704-56715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20030]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-027; NRC-2008-0441]
South Carolina Electric & Gas Company and South Carolina Public
Service Authority; Virgil C. Summer Nuclear Station, Unit 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Grant of exemption; approval of alternative.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an
exemption from the requirements of the Commission's regulations that
require a portion of the operating test, which is part of the operator
licensing examination, to be administered in a plant walk-through. The
NRC is also approving alternative examination criteria in response to a
July 28, 2016, request from South Carolina Electric & Gas Company
(SCE&G or facility licensee).
DATES: This exemption and approval is effective as of August 22, 2016.
ADDRESSES: Please refer to Docket ID NRC-2008-0441 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0441. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS):
You may obtain publicly-available 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 [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that a document is referenced. The
facility licensee's exemption request was submitted to the NRC by
letter dated July 28, 2016 (ADAMS Accession No. ML16210A442).
[[Page 56705]]
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.
FOR FURTHER INFORMATION CONTACT: Paul Kallan, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-2809; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
South Carolina Electric & Gas Company (SCE&G) and South Carolina
Public Service Authority (Santee Cooper) (together, the ``VCSNS
Owners'') are the holders of Combined License Nos. NPF-93 and NPF-94,
which authorize the construction and operation of Virgil C. Summer
Nuclear Station (VCSNS) Units 2 and 3, respectively.\1\ VCSNS Units 2
and 3 are Westinghouse AP1000 pressurized-water reactors under
construction in Jenkinsville, South Carolina. They are co-located with
VCSNS Unit 1, which is an operating Westinghouse three-loop
pressurized-water reactor.
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\1\ SCE&G is authorized by the VCSNS Owners to exercise
responsibility and control over the physical construction,
operation, and maintenance of the facility and is the ``facility
licensee'' as defined in 10 CFR 55.4 for purposes of this
evaluation.
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VCSNS Unit 2 is under construction, and most of the plant systems
have not been built. The facility licensee requests an exemption from
the portion of section 55.45(b) of title 10 of the Code of Federal
Regulations (10 CFR), requiring that the ``the [operator and senior
operator] operating test will be administered in a plant walkthrough.''
Pursuant to 10 CFR 55.11, the ``Commission may, upon application by an
interested person, or upon its own initiative, grant such exemptions
from the requirements of the regulations in this part as it determines
are authorized by law and will not endanger life or property and are
otherwise in the public interest.''
As an alternative to the in-plant methods of testing described in
NUREG-1021, ``Operator Licensing Examination Standards for Power
Reactors,'' the facility licensee proposes that applicants for operator
and senior operator licenses at VCSNS Unit 2 be tested using discussion
and performance methods in combination with plant layout diagrams,
maps, equipment diagrams, pictures, and mock-ups. Approval of proposed
alternatives is addressed in NUREG-1021, ES-201, ``Initial Operator
Licensing Examination Process,'' Section B, ``Background.'' As stated
therein,
Facility licensees may propose alternatives to the examination
criteria contained here and evaluate how the proposed alternatives
provide an acceptable method of complying with the Commission's
regulations. The NRC staff will review any proposed alternatives and
make a decision regarding their acceptability. The NRC will not
approve any alternative that would compromise the agency's statutory
responsibility to prescribe uniform conditions for the operator
licensing examinations.
Requirements for Operator Licensing Examinations
The Commission's regulations in 10 CFR part 55, ``Operators'
Licenses,'' in part establish procedures and criteria for the issuance
of licenses to operators and senior operators of utilization facilities
licensed under the Atomic Energy Act of 1954, as amended, and 10 CFR
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power
Plants.'' Pursuant to 10 CFR 55.51, ``Issuance of Licenses,'' ``If the
Commission determines that an applicant for an operator license or a
senior operator license meets the requirements of the Act and its
regulations, it will issue a license in the form and containing any
conditions and limitations it considers appropriate and necessary.''
Section 55.33(a) states in part that the Commission will approve an
initial application for a license if it finds that (1) the applicant's
health is sufficient and (2) the applicant has passed the requisite
written examination and operating test in accordance with 10 CFR 55.41,
``Written Examination: Operators,'' or 10 CFR 55.43, ``Written
Examination: Senior Operators,'' and 10 CFR 55.45, ``Operating Tests.''
These examinations and tests determine whether the applicant for an
operator license has learned to operate a facility competently and
safely, and additionally, in the case of a senior operator, whether the
applicant has learned to direct the licensed activities of licensed
operators competently and safely.
The regulations in 10 CFR 55.40(a) require the Commission to use
the criteria in NUREG-1021, ``Operator Licensing Examination Standards
for Power Reactors,'' in effect 6 months before the examination date to
prepare the written examinations required by 10 CFR 55.41 and 55.43 and
the operating tests required by 10 CFR 55.45; 10 CFR 55.40(a) also
requires the Commission to use the criteria in NUREG-1021 to evaluate
the written examinations and operating tests prepared by power reactor
facility licensees pursuant to 10 CFR 55.40(b).
As stated in 10 CFR 55.40(b), power reactor facility licensees may
prepare, proctor, and grade the written examinations required by 10 CFR
55.41 and 55.43 and may prepare the operating tests required by 10 CFR
55.45, subject to the following conditions: (1) They shall prepare the
required examinations and tests in accordance with the criteria in
NUREG-1021 as described in 10 CFR 55.40(a); (2) pursuant to 10 CFR
55.49, they shall establish, implement, and maintain procedures to
control examination security and integrity; (3) an authorized
representative of the facility licensee shall approve the required
examinations and tests before they are submitted to the Commission for
review and approval; and (4) they must receive Commission approval of
their proposed written examinations and operating tests.
In accordance with 10 CFR 55.45(a), ``[t]he operating test, to the
extent applicable, requires the applicant to demonstrate an
understanding of and the ability to perform the actions necessary to
accomplish a representative sample from among . . . 13 [listed]
items.'' In accordance with 10 CFR 55.45(b):
Implementation--Administration. The operating test will be
administered in a plant walkthrough and in either--
(1) A simulation facility that the Commission has approved for use
after application has been made by the facility licensee under Sec.
55.46(b);
(2) A plant-referenced simulator (Sec. 55.46(c)); or
(3) The plant, if approved for use in the administration of the
operating test by the Commission under Sec. 55.46(b).
The ``in a plant walkthrough'' portion of 10 CFR 55.45(b) is the
subject of the exemption request.
NUREG-1021, Revision 10 (December 2014) (ADAMS Accession No.
ML14352A297) establishes the policies, procedures, and practices for
examining applicants for operator and senior operator licenses and
licensees pursuant to 10 CFR part 55; it contains the examination
standards that ensure the equitable and consistent administration of
operator licensing examinations. NUREG-1021 is organized by topic into
chapters designated with ``ES,'' which stands for ``examination
standard.'' As relevant here, Chapter 2 (ES-2xx) addresses initial pre-
examination activities and Chapter 3 (ES-3xx) addresses initial
operating tests. Chapter 3 includes ES-301, ``Preparing Initial
Operating Tests,'' and ES-302,
[[Page 56706]]
``Administering Operating Tests to Initial License Applicants.''
The NRC examiners and facility licensees use NUREG-1021 together
with the applicable NRC knowledge and abilities (K/A) catalog. NUREG-
2103, ``Knowledge and Abilities Catalog for Nuclear Power Plant
Operators: Westinghouse AP1000 Pressurized-Water Reactors,'' was
developed specifically to address the passive nature of the
Westinghouse AP1000 design. The NRC K/A catalogs provide the basis for
the development of content-valid operator licensing examinations.
NUREG-1021, Appendix A, ``Overview of Generic Examination Concepts,''
Section C.1, ``Content Validity,'' describes that a content-valid
examination establishes a link between the examination and the duties
that the applicants will perform on the job. Also, this section states,
Test items selected for inclusion in an NRC examination should
be based on K/As contained in the appropriate K/A catalog. Testing
outside the documented K/As can jeopardize the content validity of
the examination. Content validity can also be reduced if important
K/As are omitted from the examination.
The NRC K/A catalogs contain K/A statements that have been rated for
their importance with respect to the safe operation of the plant. An
importance rating less than 2.5 represents a K/A statement of limited
importance for the safe operation of a plant. Such statements are
generally considered as inappropriate content for NRC licensing
examinations.
Operator licensing examinations developed using the applicable NRC
K/A catalog along with the guidance in NUREG-1021 will sample the 13
items listed in 10 CFR 55.45(a) and also ensure that exam topics are
associated with K/A statements of significant importance for the safe
operation of the plant. Thus, the examinations will be content-valid.
The Operating Test
NUREG-1021, Revision 10, ES-301, ``Preparing Initial Operating
Tests,'' Section B, ``Background,'' describes that the requirements in
10 CFR 55.45 for the operating test are met by administering a
simulator test and a walk-through.
The simulator test is typically administered in a team format with
up to three applicants in the main control room simulator. It
implements Items 1-8 and 11-13 of 10 CFR 55.45(a) and is the most
performance-based aspect of the operating test. The NRC examiners use
the simulator test to evaluate each applicant's ability to safely
operate the plant systems under dynamic, integrated conditions.
In contrast, the NRC examiners administer the walk-through to
applicants one-on-one. The walk-through consists of two parts:
Administrative topics and control room/in-plant systems. The
administrative topics part of the walk-through implements Items 9-12 of
10 CFR 55.45(a) and covers K/As associated with administrative control
of the plant. The control room/in-plant systems part of the walk-
through implements the requirements of Items 3, 4, 7, 8, and 9 of 10
CFR 55.45(a) and encompasses several types of systems, including
primary coolant, emergency coolant, decay heat removal, auxiliary,
radiation monitoring, and instrumentation and control. ES-301 describes
that the control room/in-plant systems part of the walk-through is used
to determine whether the applicant has an adequate knowledge of plant
system design and is able to safely operate those systems. This part of
the walk-through focuses primarily on those systems with which licensed
operators are most involved (i.e., those having controls and
indications in the main control room). To a lesser extent, it also
ensures that the applicant is familiar with the design and operation of
systems located outside the main control room.
To evaluate an applicant's knowledge and abilities relative to
control room/in-plant systems and competence in the administrative
topics, the NRC examiners administer job performance measures (JPMs)
and, when necessary, ask specific follow-up questions based on the
applicant's performance of the JPM. NUREG-1021 defines a JPM as ``[a]n
evaluation tool that requires the applicant to perform (or simulate) a
task that is applicable to the license level of the examination.''
Tasks are selected for evaluation in accordance with ES-301,
Section D.4, ``Specific Instructions for the `Control Room/In-Plant
Systems' Walk-Through.'' This section directs the NRC examiners and
facility licensees to select plant systems from the nine safety
functions listed in the applicable NRC K/A Catalog. Table 1, ``Plant
Systems by Safety Function,'' in NUREG-2103 contains a list of the
AP1000 plant systems that are important to each of the nine major
safety functions. ES-301, Section D.4.a, directs exam writers to (1)
select plant systems from among the nine safety functions and then (2)
for each plant system selected, select from either the NRC K/A catalog
or the facility licensee's site-specific task list a task for which a
JPM exists or can be developed. NUREG-1021, Appendix C, ``Job
Performance Measure Guidelines,'' contains Form ES-C-2, ``Job
Performance Measure Quality Checklist,'' (i.e., the JPM Checklist),
which states that every JPM should, among other things, (1) be
supported by the facility's job task analysis (i.e., the JPM must
require applicants to perform tasks that are included in the facility
licensee's site-specific task list, which is the product of its job
task analysis) and (2) be ``operationally important.'' To be
``operationally important,'' the JPM Checklist states that a JPM must
meet the threshold criterion of 2.5 in NUREG-2103 (i.e., the K/A
statement associated with the JPM must have an importance rating of 2.5
of higher), or as determined by the facility and agreed to by the NRC.
Additionally, ES-301, Section E.2.a, ``NRC Examiner Review,''
directs examiners to independently review each operating test for
content, wording, operational validity (i.e., test items address an
actual or conceivable mental or psychomotor activity performed on the
job), and level of difficulty using Form ES-301-3, ``Operating Test
Quality Checklist.'' The JPMs must satisfy the criteria on Form ES-301-
3 and the JPM Checklist to be administered as part of an operating
test.
Per 10 CFR 55.45(b), the operating test will be administered in
part in a plant walk-through. Further requirements for the plant walk-
through (i.e., the in-plant portion of the operating test) are given in
ES-301, Section D.3, ``Specific Instructions for the `Administrative
Topics' Walk-through,'' and Section D.4, ``Specific Instructions for
the `Control Room/In-Plant Systems' Walk-Through.'' Concerning in-plant
testing (i.e., ``plant walk-through''), ES-301, Section D.4.a. states
that from the nine safety function groupings identified in the K/A
catalog, the appropriate number of systems to be evaluated based on the
applicant's license level is given by the Table 1, ``Systems JPMs,''
below: \2\
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\2\ In the column labeled ``License Level,'' ``RO'' means
``reactor operator'' or ``operator; ``SRO-I'' means ``senior reactor
operator--instant'' or ``senior operator;'' and ``SRO-U'' means
``senior reactor operator--upgrade,'' and refers to an operator
applying to upgrade to a senior operator license.
[[Page 56707]]
Table 1--Systems JPMs
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License level Control room In-plant Total
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RO.............................................................. 8 3 11
SRO-I........................................................... 7 3 10
SRO-U........................................................... 2 or 3 3 or 2 5
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In addition, ES-301, Section D.4.a states: ``Each of the control
room systems and evolutions (and separately each of the in-plant
systems and evolutions) selected for RO and SRO-I applicants should
evaluate a different safety function, and the same system or evolution
should not be used to evaluate more than one safety function in each
location.''
Also, ES-301, Section D.4.b states, ``at least one of the tasks
conducted in the plant shall evaluate the applicant's ability to
implement actions required during an emergency or abnormal condition,
and another shall require the applicant to enter the RCA
[radiologically controlled area].''
Taken together, the statements in ES-301, Sections D.4.a and D.4.b
show that, for purposes of testing, the control room is separate from
the plant. Control room system JPMs are typically performed in the
control room simulator. Because plant equipment is not controlled from
the simulator, applicants can demonstrate knowledge and abilities by
using the simulator to perform the actions necessary to accomplish the
task during the JPM. The simulator provides feedback to the applicant
about the actions that he or she takes during performance of the task.
For example, if the applicant operates a switch to start a pump, the
simulator provides indications to the applicant that will allow him or
her to determine whether the pump has started.
Administration of In-Plant JPMs
Typically, each JPM begins with the NRC examiner providing the
applicant with a cue sheet, which contains the cue for the applicant to
begin to perform the task. The cue sheet also provides the applicant
with any initial conditions that he or she should assume have been
established. After receiving the cue sheet, the applicant leads the NRC
examiner to the location in the plant where the task will be performed.
Once the applicant arrives at the correct location in the plant, he or
she uses the appropriate plant procedure and the plant equipment in
that location as a prop to describe to the NRC examiner exactly how he
or she would perform the task. In contrast to a control room system
JPM, where the applicant performs the task on the control room
simulator, the applicant does not actually perform the task during an
in-plant system JPM because applicants are not permitted to operate
plant equipment while performing a JPM; only licensed control room
operators can direct the operation of plant equipment (i.e., an NRC
examiner cannot direct the operation of plant equipment). Therefore, as
stated in NUREG-1021, ES-301, Attachment 2, Page 21, to successfully
complete a JPM in the plant, the applicant must ``describe exactly what
it takes to perform an action.'' As described in NUREG-1021, Appendix
C, ``Job Performance Measure Guidelines,'' Section B.4, ``Develop
Examiner Cues,'' the NRC examiners develop scripted cues to provide the
applicant with specific feedback on the equipment's response(s) to
actions the applicant describes that he or she would take. These cues
are necessary during JPMs performed in the plant because the applicant
is not actually operating any equipment in the plant, and therefore the
applicant will not have available the normal indications that would be
observed during actual task performance.
Consider the following example. An NRC examiner provides the
applicant with a cue sheet that directs him or her to start a standby
diesel generator from its local control panel, which is located in the
plant (i.e., outside of the main control room), for a monthly equipment
performance test. The applicant first must demonstrate to the NRC
examiner that he or she can locate that particular local control panel
in the plant by walking the NRC examiner to it. Once at the local
control panel, the applicant must then verbally describe exactly how he
or she would operate the control panel to perform the task of starting
the standby diesel generator. The applicant will use the local control
panel as a prop during this discussion (e.g., the applicant could point
to a control switch on the control panel to show the NRC examiner that
he or she knows which one must be operated during actual task
performance to raise the speed of the diesel generator). The applicant
would also need to describe how he or she would expect the standby
diesel generator to respond to his or her actions and the indications
that he or she would use to monitor whether the standby diesel
generator responded as expected. Because the equipment is not actually
being operated during an in-plant JPM, the NRC examiner provides
specific feedback regarding the equipment's reactions to the actions
the applicant says that he or she would take.
If the applicant correctly locates the equipment in the plant and
describes what it takes to perform the task, then the applicant will
successfully complete the JPM. If the applicant demonstrates a lack of
understanding of the equipment and procedures, then the NRC examiner
will ask follow-up questions, as necessary, to confirm whether the
applicant is familiar with the design and operation of that plant
system.
Additionally, at least one JPM must be performed in the RCA. This
provides an opportunity for the applicant to demonstrate knowledge of
significant radiation hazards located in radiation and/or contamination
areas inside the RCA and the ability to perform procedures to reduce
excessive levels of radiation and to guard against personnel exposure.
Cold Licensing Process
NUREG-1021, ES-202, Section D.4, ``Cold License Eligibility,''
states, ``[c]old licensing is the process used prior to fuel load that
provides a consistent method for operations personnel to acquire the
knowledge and experience required for licensed operator duties
following fuel load.'' The cold licensing process is described in
Appendix A, ``Cold License Training Plan,'' of NEI 06-13A, ``Template
for an Industry Training Program Description,'' Revision 2 (ADAMS
Accession No. ML090910554). ``Final Safety Evaluation for Topical
Report NEI 06-13A, `Template for an Industry Training Program
Description,' '' Revision 1, dated December 5, 2008 (ADAMS Accession
No. ML082950140), documents the NRC staff's approval of NEI 06-13A for
use in combined license applications. The facility licensee
incorporated NEI 06-13A, Revision 2, by reference into the VCSNS Units
2 and 3 Updated Final Safety Analysis Report (UFSAR), Chapter 13,
``Conduct of Operation'' (ADAMS Accession No. ML15196A320). Section
13.2A.3,
[[Page 56708]]
``Conduct of On-the-Job Training (OJT),'' of the VCSNS Units 2 and 3
UFSAR states, ``[u]ntil plant construction is completed, acceptable
methods for the conduct of on-the-job training include discussion,
simulation, and use of mockup equipment and virtual reality
technology.'' Section 13.2A.6, ``Cold Licensing Process Applicability
and Termination,'' provides additional guidance on the conduct of OJT:
As plant systems, components, and structures are completed, and
as integrated plant operations begin, the systematic approach to
training process will be used to adjust cold license class training
methods and settings . . . The purpose is to optimize student
learning using actual in-plant training and experience opportunities
as they become available.
Additionally, Section 13.2A.7, ``Initial Licensed Operator Examination
Schedule,'' states, ``[a]dministration of [initial] licensed operator
examinations begins approximately 18 months prior to fuel load.''
II. Request/Action
By letter number NND-16-0266 from April R. Rice, Manager, Nuclear
Licensing, New Nuclear Deployment; to the NRC dated July 28, 2016;
titled, ``Request for an Exemption: Operator Licensing'' (ADAMS
Accession No. ML16210A442); the facility licensee stated that it seeks
to begin operator licensing examinations in September 2016. The
facility licensee (1) applied for an exemption from the requirement in
10 CFR part 55 that requires using a plant walk-through as part of the
operating test (i.e., in-plant testing); and (2) proposed alternative
examination criteria and methods. SCE&G's request is similar to the
request submitted by letter number ND-16-0747 from Ms. Karen Fili, Site
Vice President, Vogtle Electric Generating Plant (VEGP) Units 3 and 4;
to the NRC dated May 27, 2016; titled, ``Southern Nuclear Operating
Company Vogtle Electric Generating Plant (VEGP) Units 3 and 4 Revised
Request for Exemption and RAI Response: Operator Licensing'' (ADAMS
Accession No. ML16148A484). Southern Nuclear Company (SNC) is also
constructing two Westinghouse AP1000 reactors at VEGP Units 3 and 4 in
Burke County, Georgia. On June 24, 2016, the NRC staff granted SNC an
exemption from the requirement in 10 CFR part 55 that requires using a
plant walk-through as part of the operating test and approved SNC's
alternative examination criteria and methods (ADAMS Accession No.
ML16174A447).
Application for Exemption
Because VCSNS Unit 2 is under construction and most of the plant
systems have not yet been built, the facility licensee requests an
exemption from the requirement in 10 CFR 55.45(b) to administer a
portion of the operating test ``in a plant walkthrough.''
Proposed Alternative
The facility licensee proposes an alternative to administering in-
plant system JPMs in the plant: it proposes to use ``cold license
training plan evaluation methods'' to administer in-plant system JPMs.
Specifically, in Enclosure 1, ``Plant Walkthrough Exemption,'' Section
3.1, ``Administration of In-Plant JPMs Using Cold License Training Plan
Methods,'' and Section 3.2, ``RCA Mockup Alternative to RCA Entry,'' of
letter NND-16-0266, the facility licensee proposes using the following
``cold license training plan evaluation methods'' in lieu of the plant
and plant equipment to administer in-plant system JPMs on an operating
test:
Plant layout diagrams,\3\ equipment diagrams and plant
maps--these documents will be used as necessary and/or as appropriate
to allow an applicant to demonstrate knowledge of plant and equipment
locations. Applicants will use these tools to describe how they would
get to the location of the equipment that is the subject of the JPM
instead of walking to the location. Applicants will identify the
building, elevation, and room number in the plant where the equipment
will be located when construction is complete.
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\3\ A plant layout diagram typically includes building names,
building elevations, and room numbers.
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Maintenance Flow Loop--contains generic plant equipment,
such as pumps, valves, and instruments for demonstrating the
fundamental knowledge of operation and monitoring of plant equipment.
Remote Shutdown Workstation--The VCSNS Unit 2 simulation
facility includes a Remote Shutdown Workstation that simulates the
controls located in the Remote Shutdown Room.
Radiologically Controlled Area (RCA) mock-up--A training
environment that allows applicants to demonstrate knowledge of
radiation control subjects. Standards for entry into the mock-up RCA
are identical to the actual RCA. The mock-up is used to train outage
workers and licensed operators at VCSNS Unit 1. It contains simulated
radiation areas and contaminated areas.
Breaker Lab--the facility licensee expects to add a
breaker lab to its training facilities before the end of 2016. It will
not be available for the NRC exam planned for September 2016. When it
is available, applicants will be able to use the breaker lab to
demonstrate knowledge and abilities associated with operating breakers
installed in the plant.
Discuss method--using the procedure and props such as
plant layout drawings, mock-ups, maps and pictures of equipment, the
applicant will describe the actions he or she would take to operate
equipment and explain how the equipment should respond to these
actions. Discussion can cover required personal protective equipment,
actions, system response and location. Location information can include
specifics such as building, elevation, and room.
Perform method--if the JPM is administered in the breaker
lab, the flow loop trainer, or the part of the VCSNS simulation
facility modeling the Remote Shutdown Workstation, applicants can
perform actions during the JPM.
Additionally, the facility licensee stated that plant location
drawings and pictures of plant components not directly related to the
task that is the subject of the JPM will also be made available to
maintain discriminatory value. Therefore, applicants that perform in-
plant system JPMs in the plant as well as applicants that perform them
using the proposed method must correctly identify the equipment that is
the subject of the JPM to pass the JPM.
Expiration of Exemptions and Alternative
The facility licensee requested that the exemption expire after the
Commission makes its finding in accordance with 10 CFR 52.103(g) (``The
licensee shall not operate the facility until the Commission makes a
finding that the acceptance criteria in the combined license are met,
except for those acceptance criteria that the Commission found were met
under Sec. 52.97(a)(2)'') for VCSNS Unit 2. The facility licensee
requested that approval to use the alternative method terminate after
the Commission makes its finding in accordance with 10 CFR 52.103(g)
for VCSNS Unit 2. Additionally, the facility licensee stated that tasks
that are selected to be part of an operating task in accordance with
NUREG-1021, ES-301, Section D.4.a and Section D.4.b, where it is
possible to both perform OJT for the task in the plant and administer a
JPM developed from the task in a plant walk-through, then those JPMs
will be administered in the plant.
[[Page 56709]]
III. Discussion
Granting of Exemption
Pursuant to 10 CFR 55.11, the Commission may, upon application by
an interested person, or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 55 as it determines are (1) authorized
by law and (2) will not endanger life or property and (3) are otherwise
in the public interest.
1. The Exemption Is Authorized by Law
Exemptions are authorized by law where they are not expressly
prohibited by statute or regulation. A proposed exemption is implicitly
``authorized by law'' if all of the conditions listed therein are met
(i.e., will not endanger life or property and is otherwise in the
public interest), and no other provision prohibits, or otherwise
restricts, its application. No provisions in law restrict or prohibit
an exemption to the requirements concerning the plant walk-through
portion of the operating test; the ``endanger'' and ``public interest''
factors are addressed later in this evaluation.
The regulations in 10 CFR part 55 implement Section 107 of the
Atomic Energy Act of 1954, as amended (AEA), which sets requirements
upon the Commission concerning operators' licenses and states, in part,
that the Commission shall ``prescribe uniform conditions for licensing
individuals as operators of any of the various classes of . . .
utilization facilities licensed'' by the NRC. These requirements in the
AEA do not expressly prohibit exemptions to the portion of 10 CFR
55.45(b) addressing in-plant JPMs and plant walk-throughs.
Preparing and evaluating operator examinations using the criteria
in NUREG-1021 is a means of ensuring the equitable and consistent
administration of operator licensing examinations for all applicants
and thus helps to ensure uniform conditions exist for the operator
licensing examinations administered as part of the licensing process.
If the exemption is granted, there will be no changes to the
preparation and grading of the written examinations, including the
generic fundamentals examinations. There will be no changes to the
preparation and evaluation of the simulator portions of the operating
test. There will be no changes to the administrative portion of the
operating tests. Although under the exemption part of the in-plant test
will not be administered in the plant, the preparation and grading of
the in-plant portion will be unchanged.
Upon balancing the overall effect on uniformity and consistency
under the exemption, the NRC staff concludes that the uniform
conditions will be maintained; the differences in the testing under the
exemption will not prevent equitable administration of the operator
licensing examinations or challenge the basis for the NRC examiners'
licensing decisions. Accordingly, the testing will continue to comply
with Section 107 of the AEA. Accordingly, the NRC staff has determined
that granting of the facility licensee's proposed exemption will not
result in a violation of the AEA, or the Commission's regulations.
Therefore, the exemption is authorized by law.
2. The Exemption Will Not Endanger Life or Property
The exemption will not change the fundamental findings needed to
issue an operator's or senior operator's license to an applicant. As
stated in 10 CFR 55.33 ``Disposition of an initial application,''
(a) Requirements for the approval of an initial application. The
Commission will approve an initial application for a license
pursuant to the regulations in this part, if it finds that--
. . .
(2) Written examination and operating test. The applicant has
passed the requisite written examination and operating test in
accordance with Sec. Sec. 55.41 and 55.45 or 55.43 and 55.45. These
examinations and tests determine whether the applicant for an
operator's license has learned to operate a facility competently and
safely, and additionally, in the case of a senior operator, whether
the applicant has learned to direct the licensed activities of
licensed operators competently and safely.
Competent and safe operators protect against endangerment of life
or property. Accordingly, where the tests adequately determine who is
competent, those tests are protective of and do not endanger life or
property.
The exemption from the requirement in 10 CFR 55.45(b) that the
operating test be administered partially ``in a plant walkthrough''
will not endanger life or property mainly because 10 CFR 55.45(a) will
still require the applicant to demonstrate an understanding of and the
ability to perform the actions necessary to accomplish a representative
sample of tasks. As required by 10 CFR 55.45(a), the content of the
operating test will continue to be identified, in part, from learning
objectives derived from a systematic analysis of licensed operator or
senior operator duties performed by each facility licensee and
contained in its training program and from information in the Final
Safety Analysis Report, system description manuals and operating
procedures, facility license and license amendments, Licensee Event
Reports, and other materials requested from the facility licensee by
the Commission. Although applicants will not be tested while physically
located in front of installed in-plant equipment until the Commission
makes its finding in accordance with 52.103(g), the knowledge and
abilities applicants must demonstrate to pass the operating test will
not change.
Accordingly, there is no endangerment of life or property as a
result of the exemption.
3. The Exemption Is Otherwise in the Public Interest
The Commission's values guide the NRC in maintaining certain
principles as it carries out regulatory activities. These principles
focus the NRC on ensuring safety and security while appropriately
balancing the interests of the NRC's stakeholders, including the public
and licensees. These principles include Independence, Openness,
Efficiency, Clarity, and Reliability. Whether granting of an exemption
to the requirement to perform in-plant system JPMs in the plant would
be in the public interest depends on consideration and balancing of the
foregoing factors.
Efficiency
The public and licensees are all entitled to the best possible
management and administration of regulatory activities. Regulatory
activities should be consistent with the degree of risk reduction they
achieve. Where several effective alternatives are available, the option
that minimizes the use of resources should be adopted.
The NRC staff considered two options to determine whether one would
minimize the use of resources and/or minimize risk: (1) Grant the
exemption to the plant walk-through requirement and administer operator
licensing examinations prior to completion of VCSNS Unit 2, or (2) deny
the exemption and wait until the completion of construction to
administer the operator licensing examinations. For either option, the
same number of NRC examiners will be required to administer the
operator licensing examinations at VCSNS Unit 2 prior to fuel load.
Thus, the use of resources is not minimized by administering exams
before the plant is built. Accordingly, the exemption is neutral with
respect to the public's interest in efficiency.
Clarity
Regulations should be coherent, logical, and practical. There
should be
[[Page 56710]]
a clear nexus between regulations and agency goals and objectives
whether explicitly or implicitly stated. Here, the goal of the agency
is to determine whether applicants for a license have learned to
operate a facility competently and safely. Because the applicants must
still demonstrate familiarity with the design and operation of systems
located outside the main control room using the method proposed by the
facility licensee, it is not necessary to perform the in-plant system
JPMs within the completed VCSNS Unit 2 to achieve this goal.
Accordingly, this factor shows that the exemption maintains the public
interest in clarity.
Reliability
Regulations should be based on the best available knowledge from
research and operational experience. Systems interactions,
technological uncertainties, and the diversity of licensees and
regulatory activities must all be taken into account so that risks are
maintained at an acceptably low level. Once established, regulation
should be perceived to be reliable and not unjustifiably in a state of
transition. Regulatory actions should always be fully consistent with
written regulations and should be promptly, fairly, and decisively
administered so as to lend stability to the nuclear operational and
planning processes.
If a sufficient number of applicants do not pass the exams, then
the facility licensee may not have a sufficient number of personnel
available for fuel load due to the mandatory time periods of 2 months
to 2 years from the time of denial before an applicant may re-apply.
Specifically per 10 CFR 55.35(a), an applicant whose application for a
license has been denied because of failure to pass the written exam or
the operating test, or both, may file a new application 2 months after
the date of denial. The new application must include a statement signed
by an authorized representative of the facility licensee that states in
detail the extent of the applicant's additional training since the
denial and certifies that the applicant is ready for re-examination. If
the candidate fails a second time, then the applicant may file a third
application 6 months after the date of denial, and may file further
successive applications 2 years after the date of denial of each prior
application. In Enclosure 1, ``Plant Walkthrough Exemption,'' Section
6.3, ``Otherwise in the Public Interest,'' of letter NND-16-0266, the
facility licensee stated, ``[t]he current estimated forecast date of
plant construction completion . . . is expected not earlier than June
2018.'' Fuel load is scheduled for Quarter 4 of 2018; however, the
facility licensee also stated that this is subject to change due to
``developments during construction.'' If exams commence in June 2018,
and fuel load occurs in late 2018, then there will only be at most 6
months between the time when licensing decisions will be made and fuel
load. If a sufficient number of applicants do not pass the operating
test, then the facility licensee must follow the re-application process
in 10 CFR 55.35(a) or start training new candidates. As stated in
Enclosure 1, Section 6.3, ``Otherwise in the Public Interest,'' of
letter NND-16-0266, initial license training lasts approximately 24
months. Starting the exam process in 2016 will provide a sufficient
amount of time for retraining applicants or training new candidates.
Thus, granting the exemption will lend stability to the nuclear
operational and planning process in that the individual operator
licensing decisions will be made much sooner than otherwise would be
possible, allowing the facility licensee to follow 10 CFR 55.35 in an
orderly manner.
With respect to risk reduction, granting of the exemption will not
require the NRC examiners or the applicants to enter the actual RCA,
and therefore, the risk of radiation exposure for applicants and NRC
examiners will be reduced to zero. Although NRC examiners and
applicants typically do not receive any significant exposure to
radiation or contamination during the conduct of operating tests
administered inside the RCA, the NRC staff concludes that reducing the
risk of exposure to zero aligns with the agency's goal of maintaining
exposure to ionizing radiation as low as is reasonable achievable
(ALARA). Accordingly, this factor shows that the exemption favors the
public's interest in reliability.
Independence
Nothing but the highest possible standards of ethical performance
and professionalism should influence regulation. However, independence
does not imply isolation. All available facts and opinions must be
sought openly from licensees and other interested members of the
public. The many and possibly conflicting public interests involved
must be considered. Final decisions must be based on objective,
unbiased assessments of all information, and must be documented with
reasons explicitly stated.
With the granting of this exemption, the NRC staff will still
continue to independently assess whether the applicants at VCSNS Unit 2
have the skills, knowledge, and abilities necessary to operate the
plant safely and competently. The operator licensing decisions will
continue to be based on the NRC examiners' objective, unbiased
assessments of each applicant's performance, which will be documented
in accordance with NUREG-1021, ES-303, ``Documenting and Grading
Initial Operating Tests.'' Accordingly, this factor shows that the
exemption maintains the public interest in independence.
Openness
Nuclear regulation is the public's business, and it must be
transacted publicly and candidly. The public must be informed about and
have the opportunity to participate in the regulatory processes as
required by law. Open channels of communication must be maintained with
Congress, other government agencies, licensees, and the public, as well
as with the international nuclear community.
Granting the exemption allows the portion of the operating test
that would otherwise be performed in the plant to be administered in a
location other than the plant. The operator licensing examination
process described in NUREG-1021 will still be followed using the
alternate method proposed by the facility licensee. Therefore, this
factor shows that the exemption maintains the public's interest in
openness.
Balancing of Factors
Accordingly, the balancing of these factors shows that the
exemption is otherwise in the public interest.
Conclusion
The Commission concludes that the exemption is (1) authorized by
law and (2) will not endanger life or property and (3) is otherwise in
the public interest. Therefore, the Commission grants SCE&G an
exemption from the requirement of 10 CFR 55.45(b) to administer a
portion of the operating test ``in a plant walkthrough.''
Approval of Alternative
NUREG-1021, ES-201, Section B, ``Background,'' states,
Facility licensees may propose alternatives to the examination
criteria contained here and evaluate how the proposed alternatives
provide an acceptable method of complying with the Commission's
regulations. The NRC staff will review any proposed alternatives and
make a decision regarding their acceptability. The NRC will not
approve any alternative that would compromise the agency's statutory
responsibility to prescribe uniform conditions for the operator
licensing examinations.
[[Page 56711]]
As discussed below, the facility licensee's proposed alternatives
provide an acceptable method of complying with the Commission's
regulations and will not compromise the agency's statutory
responsibility to prescribe uniform conditions for the operator
licensing examinations.
NUREG-1021, Appendix A, ``Overview of Generic Examination
Concepts,'' Section B, ``Background,'' discusses internal and external
attributes of an examination and their relationship to uniform
conditions. The internal attributes of an examination include its level
of knowledge (LOK), level of difficulty (LOD), and the use of exam
question banks. The external attributes of an examination include the
number and types of items, the length of the examination, security
procedures, and proctoring instructions. Appendix A states,
If the internal and external attributes of examinations are
allowed to vary significantly, the uniform conditions that are
required by Section 107 of the Atomic Energy Act of 1954, as
amended, and the basis upon which the NRC's licensing decisions rest
are challenged. The NRC must reasonably control and structure the
examination processes to ensure the integrity of the licenses it
issues.
In order to determine whether uniform conditions for licensing
individuals as operators and senior operators at VCSNS Unit 2 will be
maintained using the method proposed by the facility licensee, the NRC
staff performed two actions. First, the NRC staff identified the
differences between performing in-plant system JPMs in the plant and
the facility licensee's proposed method of performing in-plant system
JPMs. These are listed in the table below.
Table 2--Summary of Differences
------------------------------------------------------------------------
Facility licensee's proposed
Performing in-plant system JPMs in the method of performing in-plant
plant system JPMs
------------------------------------------------------------------------
1. Applicants demonstrate knowledge of In lieu of walking the NRC
equipment locations by walking the NRC examiner to the equipment that
examiner to the location of the is the subject of the JPM,
equipment that is the subject of the applicants demonstrate
JPM in the plant. knowledge of equipment
locations by using plant
layout diagrams, equipment
diagrams, and maps to describe
to the NRC examiner how they
would get to the location of
the plant equipment that is
the subject of the JPM.
Applicants identify the
building, elevation, and room
number associated with the
plant equipment that is the
subject of the JPM.
2. Applicants use the plant equipment In lieu of using plant
as a prop while they describe and how equipment as a prop,
to operate the equipment to perform applicants use pictures of
the task. equipment or a mock-up of the
equipment as a prop while they
describe and simulate how to
operate the equipment to
perform the task.
3. Applicants must enter the RCA for at In lieu of entering the RCA in
least one JPM. the plant, applicants enter a
mock-up RCA for at least one
JPM.
------------------------------------------------------------------------
Second, the NRC staff evaluated whether the differences could cause the
internal and external attributes of the in-plant system JPMs
administered to applicants at VCSNS Unit 2 prior to the completion of
plant construction to vary significantly from those administered to
applicants at VCSNS Unit 2 after the completion of construction. The
evaluation is documented below.
Evaluation of Internal Attributes
Level of Knowledge: As stated in NUREG-1021, Appendix A, Section
C.3.c, ``Level of Knowledge Versus Level of Difficulty,'' LOK
represents the range of mental demands required to answer a question or
perform a task. It is a continuum of mental rigor that ranges from
retrieving fundamental knowledge, which requires demonstrating a
relatively low LOK, to retrieving that knowledge and also
understanding, analyzing, and synthesizing that knowledge with other
knowledge, which requires demonstrating a relatively high LOK. Test
items that require an applicant to demonstrate a high LOK require
multiple mental processing steps, which are usually the recall and
integration of two or more pieces of data.
In-plant system JPMs performed in the plant are high LOK test items
because they require applicants to recall knowledge such as the
location of plant equipment, which was acquired during the initial
training program, and also to demonstrate, by walking the NRC examiner
to the correct equipment in the plant and by describing the actions
that they would take to operate the equipment, an understanding of and
familiarity with the design and operation of that equipment. Applicants
must also respond to the cues provided by the NRC examiner during the
JPM. To successfully complete the JPM, the applicant must be able to
analyze the information provided by these cues, apply knowledge of the
design and operation of the equipment to determine the appropriate
action(s), and then describe the action(s) to the NRC examiner.
The NRC staff determined that the three differences listed in Table
2 do not cause the LOK that an applicant at VCSNS Unit 2 must
demonstrate during in-plant system JPMs administered prior to the
completion of plant construction to vary significantly from the LOK
that an applicant must demonstrate during in-plant system JPMs
performed after the completion of construction at VCSNS Unit 2 for the
following reasons.
As shown in Difference #1 in Table 2, the facility
licensee proposes that applicants at VCSNS Unit 2 demonstrate knowledge
of equipment locations by using plant layout diagrams, equipment
diagrams, and/or maps to show the NRC examiner how they would get to
the location in the plant where the task would be performed. The
facility licensee stated in Enclosure 1, ``Plant Walkthrough
Exemption,'' Section 5.5, ``Conclusion,'' of letter NND-16-0266 that
the proposed method of performing in-plant system JPMs ``does not
impact the ability to maintain equitable and consistent testing under
uniform conditions because license applicants will be evaluated using
the same methods employed during their training.'' Therefore, the NRC
staff concludes that this method will require applicants at VCSNS Unit
2 to recall and demonstrate knowledge of plant equipment location(s),
which were addressed in the training program, to successfully complete
the JPM even though the JPM will not be performed in the plant.
As shown in Difference #2 in Table 2, the facility
licensee proposes that applicants at VCSNS Unit 2 describe how they
will operate the equipment and explain how they expect the
[[Page 56712]]
equipment and systems to respond to their actions using props such as
pictures of the equipment or a mock-up equipment in lieu of the actual
equipment in the plant. Just as during a JPM in the plant, NRC
examiners will need to provide scripted cues to the applicants in
response to the actions the applicants say that they would take. The
applicants will have to analyze the information provided by these cues,
apply knowledge of the design and operation of the equipment to
determine the appropriate action(s), and then describe the action(s) to
the NRC examiner. Therefore, the NRC staff concludes that this method
will require applicants at VCSNS Unit 2 to describe the actions that
they would take to operate the equipment and analyze information
provided by cues to successfully complete the JPM even though the JPM
will not be performed in the plant.
As shown in Difference #3 in Table 2, applicants at VCSNS
Unit 2 will be required to demonstrate how to enter the RCA. The
facility licensee has established a mock-up of the RCA that contains
simulated radiation areas and contaminated areas, and ``standards for
entry into the mockup RCA are identical to an actual RCA.'' Therefore,
the NRC staff concludes that this method will require applicants at
VCSNS Unit 2 to demonstrate knowledge of significant radiation hazards
located in radiation and/or contamination areas inside the RCA and the
ability to perform procedures to reduce excessive levels of radiation
and to guard against personnel exposure even though the JPM will not be
performed in the plant.
Accordingly, the NRC staff concludes that the facility licensee's
proposed method of performing in-plant system JPMs will not cause the
LOK of the in-plant system JPMs administered to applicants at VCSNS
Unit 2 prior to the completion of plant construction to vary
significantly from those administered to applicants at VCSNS Unit 2
after the completion of construction.
Level of Difficulty: As stated in NUREG-1021, Appendix A, Section
C.3.c, ``Level of Knowledge Versus Level of Difficulty,'' the NRC
examiners evaluate a test item's LOD ``to ensure that the item can help
discriminate between safe and unsafe operators.'' ``Safe operators''
are the applicants who pass all portions of the operator licensing
examination in accordance with the grading criteria identified in
NUREG-1021, ES-303, ``Documenting and Grading Initial Operating
Tests.'' To pass the walk-through portion of the operating test,
applicants must earn a score of 80% or higher. Thus, NUREG-1021
recommends that the difficulty for individual test items range between
70% and 90% (i.e., 70-90% of applicants could successfully perform the
test item). To achieve this, NUREG-1021 states that the NRC examiners
must integrate the following concepts: the LOK of the test item, the
operational validity of the test item (i.e., the test item requires
applicants to perform mental or psychomotor activities that they will
have to perform on the job), the ability of distractors to distract the
examinees, and the examinees' past performance on items of similar
difficulty. Appendix A acknowledges that ``assigning a level of
difficulty rating to an individual test item is a somewhat subjective
process.''
The NRC staff determined that the three differences listed in Table
2 do not cause the LOD that an applicant at VCSNS Unit 2 must
demonstrate during in-plant system JPMs administered prior to the
completion of plant construction to vary significantly from the LOD
that an applicant must demonstrate during in-plant system JPMs
performed after the completion of construction at VCSNS Unit 2 for the
following reasons.
As shown in Difference #1 in Table 2, the facility
licensee proposes that applicants at VCSNS Unit 2 demonstrate knowledge
of equipment locations by using plant layout diagrams, equipment
diagrams, and/or maps to (1) to describe to the NRC examiner how they
would get to the location of the plant equipment that is the subject of
the JPM and to (2) correctly identify the building, elevation of the
building, and room number where the equipment will be located in VCSNS
Unit 2. Additionally, the facility licensee proposes that ``plant
layout diagrams and/or pictures of components not directly related to
the task will also be made available to the applicant to maintain
discriminatory value . . .''
When an in-plant system JPM is performed in the plant, applicants
must physically walk the NRC examiner to the correct location in the
plant where the task will be performed. Applicants must choose the
correct location from among all of the other accessible plant
locations. Similarly, applicants at VCSNS Unit 2 must choose the
correct plant layout diagram(s), equipment diagrams and/or map(s) from
a set of diagrams and/or maps in order to show the NRC examiner how
they would locate the equipment in the plant.
If an applicant at an operating reactor has spent a sufficient
amount of time in the plant becoming familiar with its layout and the
location of plant equipment, then walking the NRC examiner to the
correct location during a JPM in the plant should be a relatively easy
task. Otherwise, this will be a relatively difficult task, and the
applicant may not be able to perform the JPM if he or she cannot find
the equipment that is the subject of the JPM. Similarly, if an
applicant at VCSNS Unit 2 has spent a sufficient amount of time
becoming familiar with the plant layout diagrams and maps, then using
these tools to show the NRC examiner how he or she would access the
equipment should be a relatively easy task. Otherwise, this will be a
relatively difficult task, and the applicant may not be able to
continue with the JPM because he or she will not successfully
demonstrate the ability to access the equipment. In both cases, the
applicants will either be able to demonstrate knowledge to the NRC
examiner, or they will not be able to demonstrate knowledge. The NRC
staff concludes that both methods require applicants to select the
correct location of plant equipment from among other choices, and
therefore the NRC examiners will still be able to discriminate between
operators that have this knowledge and those that do not. Therefore,
the LOD of the two methods is comparable.
Also, the NRC staff considered the implications for the testing
process of physically walking in the plant to a specific location as
compared to using plant layout diagrams and/or maps to show and
describe the route that would be taken to find the correct location
impacted LOD. Both methods require an applicant to recall and show
knowledge of plant locations to the NRC examiner. However, applicants
at plants that have been constructed will have spent time becoming
familiar with the routes through the plant that they must take to
access equipment during the conduct of OJT in the plant. During an in-
plant system JPM in the plant, they will likely be able to recall the
route(s) they have previously traveled by relying on unique visual
clues available in the plant such as signage and various access control
points that they must pass through to navigate their path to the
equipment that is the subject of the JPM. They may also possibly rely
on muscle memory to some extent to locate the equipment that is the
subject of the JPM. Additionally, NUREG-1021, Appendix E, ``Policies
and Guidelines for Taking NRC Examinations,'' contains directions that
NRC examiners provide to applicants and licensed operators prior to
every NRC examination. Appendix E, Section C.3, states,
The operating test is considered ``open reference.'' The
reference materials that are normally available to operators in the
facility
[[Page 56713]]
and control room (including calibration curves, previous log
entries, piping and instrumentation diagrams, calculation sheets,
and procedures) are also available to you during the operating test.
Plant layout diagrams and site maps are normally available to
operators. Thus, applicants at plants that have been constructed may
use plant layout diagrams and site maps to help them to locate the
equipment that is the subject of the JPM if they cannot recall the
location of the equipment from memory.
Unlike applicants at plants that have been constructed, the
applicants at VCSNS Unit 2 that take operator licensing examinations
prior to the completion of plant construction will only use plant
layout diagrams and maps to describe the route they would take to
access the plant equipment. This method requires applicants to stand in
front of a document and trace or identify the route that would be
taken. This method is different from actually walking to a location in
the plant because (1) visual clues that would be available to
applicants in the plant will not be available, and (2) this method
requires applicants to use fewer motor skills, and thus it is not
likely that applicants will be able to use any muscle memory. This may
increase the LOD. However, the facility licensee stated in Enclosure 1,
``Plant Walkthrough Exemption,'' Section 5.5, ``Conclusion,'' of the
letter NND-16-0266 that the proposed method of performing in-plant
system JPMs will ``not impact the ability to maintain equitable and
consistent testing under uniform conditions because license applicants
will be evaluated using the same methods employed during their
training.'' The NRC staff concludes that any increase in LOD as a
result of only using plant layout diagrams and maps to demonstrate
knowledge of locations will be offset by the fact that the applicants
will have been specifically trained on the locations of plant equipment
with these tools.
As shown in Difference #2 in Table 2, applicants will use
pictures of equipment or a mock-up of the equipment as a prop while
they describe and simulate how to operate the equipment to perform the
task. Instead of pointing to a piece of equipment in the plant and
verbally describing how to operate it, the applicant will either point
to a diagram or picture of the equipment as a prop while describing how
to operate it or use a piece of mock-up equipment to actually perform
the task required by the JPM. The facility licensee proposes that
diagrams and pictures of components not directly related to the task
will also be made available to the applicant so that the applicant must
make a choice. The NRC staff determined that the facility licensee's
proposed method of performing in-plant system JPMs will require an
applicant to select the correct piece of equipment from among other
options, which is similar to having to make that selection in the
plant. Therefore, the NRC examiners will still be able to discriminate
between operators that have this knowledge and those that do not, and
thus the LOD of the two methods is comparable.
The NRC staff also considered the difference in the quality of the
props that the facility licensee proposes to use compared to the
quality of the plant equipment as a prop. Enclosure 2, ``Information
Related to the Vogtle Electric Generating Plant (VEGP) Units 3 and 4
NRC Requests for Additional Information (RAIs) on VEGP Plant
Walkthrough Exemption,'' contains Table E-2, which lists tasks from the
VCSNS Unit 2 site-specific task list for which an in-plant system JPM
exists or could be developed. The NRC staff reviewed Table E-2 and
determined that the maintenance flow loop trainer, the RCA mock-up, the
Remote Shutdown Workstation, and the breaker lab (when it is available)
can be used as props during some JPMs developed from the tasks listed
in Table E-2. These props are realistic representations of certain
pieces of plant equipment and are therefore equivalent to the actual
plant equipment.
However, these props will not be able to be used for every in-plant
system JPM because the in-plant tasks listed in Table E-2 include tasks
unrelated to breaker operation, remote plant shutdown, the RCA, or
plant components modeled in the flow loop trainer. For these tasks,
which include tasks related to breaker operation that are developed
into JPMs on operating tests administered before the breaker lab is
available, the facility licensee proposes to use equipment diagrams or
pictures of plant equipment as props. Pictures may not be the same size
as the actual plant equipment, or they might not provide the same
visual detail to an applicant that would be provided by the actual
plant equipment. This could make these props more difficult to use
compared to the actual plant equipment. However, because the facility
licensee proposes to use the same methods during the administration of
in-plant system JPMs that have been used in the training program, the
NRC staff concludes that any increase in LOD as a result of using
pictures or equipment diagrams to demonstrate knowledge will be offset
by the fact that the applicants have used these props during their
training.
As shown in Difference #3 in Table 2, applicants will have
to enter a mock-up of the RCA for at least one in-plant JPM. As stated
in the facility licensee's submittal, the ``standards for entry into
the mockup RCA are identical to an actual RCA.'' Therefore, the NRC
staff concludes that this difference has no impact on the LOD of the
in-plant system JPMs because there is no difference between
demonstrating the ability to enter the actual RCA and demonstrating the
ability to enter a mock-up of the RCA.
Accordingly, the NRC staff concludes that the facility licensee's
proposed method of performing in-plant system JPMs will not cause the
LOD of the in-plant system JPMs administered to applicants at VCSNS
Unit 2 prior to the completion of plant construction to vary
significantly from those administered to applicants at VCSNS Unit 2
after the completion of construction.
Use of Exam Banks: NUREG-1021, Form ES-301-2, ``Control Room/In-
Plant Systems Outline,'' contains criteria for the use of JPMs in the
facility licensee's exam bank that may be used on operator licensing
examinations. In Enclosure 1, ``Plant Walkthrough Exemption,'' Section
5.3, ``Discrimination Validity,'' the facility licensee stated, ``[a]ny
questions, discussions, or other cold licensing methods used for task
evaluation will have no impact on how the examination bank is used.''
The NRC staff also concludes that the facility licensee's proposed
method of performing in-plant system JPMs does not impact the use of
exam banks because the facility licensee's proposed method of
administering JPMs has nothing to do with the selection of JPMs from
its exam bank.
In summary, the NRC staff concludes that the facility licensee's
proposed method of performing in-plant system JPMs does not
significantly impact the internal attributes of the in-plant system
JPMs that will be administered to applicants at VCSNS Unit 2 prior to
the completion of plant construction as compared to the in-plant system
JPMs administered to applicants to applicants at VCSNS Unit 2 after the
completion of construction.
Evaluation of External Attributes
The external attributes of an examination include the number and
types of items (e.g., in-plant system JPMs), the length of the
examination, security procedures, and proctoring instructions. The
facility licensee is not proposing to alter the number or types
[[Page 56714]]
of items, the length of the examination, security procedures, or
proctoring instructions for any part of the operator licensing
examination. Therefore, the NRC staff concludes that the external
attributes of the in-plant system JPMs that will be administered to
applicants at VCSNS Unit 2 prior to the completion of plant
construction will be the same as those administered to applicants at
VCSNS Unit 2 after the completion of construction.
Summary of Evaluation of Internal and External Attributes
In summary, the NRC staff concludes that the facility licensee's
proposed method of performing in-plant system JPMs does not cause the
internal and external attributes of the in-plant system JPMs
administered to applicants at VCSNS Unit 2 prior to the completion of
plant construction to vary significantly from those administered to
applicants at VCSNS Unit 2 after the completion of construction.
Because in-plant system JPMs are a portion of the operator licensing
examination, the NRC staff also concludes that the facility licensee's
proposed method does not cause the internal or external attributes of
the operator licensing examinations that will be administered to
applicants at VCSNS Unit 2 prior to the completion of plant
construction to vary significantly from those administered to
applicants at VCSNS Unit 2 after the completion of construction.
Accordingly, the NRC staff finds that because the applicant's proposed
method of performing in-plant system JPMs does not cause the internal
and external attributes of the operator licensing examination to vary
significantly, uniform conditions are sufficiently maintained, and the
alternative method is acceptable.
Impact of Plant Construction on Developing Content-Valid Exams
Using NUREG-2103 in conjunction with NUREG-1021 ensures that exams
are consistently content-valid. Table 1, ``Plant Systems by Safety
Function,'' in NUREG-2103, lists each of the AP1000 plant systems
associated with the nine safety functions. NUREG-1021, ES-301, Section
D.4.a states that each of the three in-plant systems selected for an
operating test should (1) be different and (2) be associated with a
different safety function as listed in Table 1 of NUREG-2103.
Administering a set of three in-plant system JPMs that are each
associated with different plant systems and different safety functions
maximizes the variety and scope of in-plant system K/As that NRC
examiners sample during the operating test. If the variety and scope of
in-plant system K/As that NRC examiners could sample were limited for
some reason, then the content validity of the operating test could be
reduced.
In Enclosure 2, ``Information Related to the Vogtle Electric
Generating Plant (VEGP) Units 3 and 4 NRC Requests for Additional
Information (RAIs) on VEGP Plant Walkthrough Exemption'' of letter NND-
16-0266, the facility licensee provided Table E-2, ``In-Plant Task
List.'' Table E-2 lists 91 tasks from the site-specific task list that
can be used to develop an in-plant JPM at this time. These tasks have
an importance rating of 2.5 or higher, can be performed using the
proposed alternative method, and have procedures available. Because not
all plant systems have been constructed, some procedures are not
available at this time for some of the tasks on the site-specific task
list. A JPM cannot be performed without a procedure. Consequently,
there are in-plant tasks on the site-specific task list that have an
importance rating of 2.5 or higher and cannot be used to develop a JPM
at this time. To determine whether this would significantly reduce the
content validity of the exam, the NRC staff performed the following
actions.
First, the NRC staff reviewed the 91 tasks in Table E-2 and counted
the number of tasks associated with each plant system listed in the
table. Then, the staff counted how many of these plant systems were
associated with each of the safety functions listed in Table 1 of
NUREG-2103. The NRC staff found that an in-plant system JPM can be
developed for at least one plant system associated with each of the
nine safety functions except for Safety Function 3, ``Reactor Pressure
Control.'' NUREG-2103 lists two plant systems associated with Safety
Function 3: The Automatic Depressurization System (ADS) and the
Pressurizer Pressure Control System (PPCS). The ADS and PPCS are
primarily operated from the main control room, and therefore the
control room system JPMs can be used to test the applicants' knowledge
of and ability to operate the two systems related to Safety Function 3.
Thus, the NRC staff concludes that a set of three in-plant system JPMs
that are associated with three different plant systems as well as with
three different safety functions can be developed, and therefore, the
sample of in-plant tasks that exists at this time is sufficient to
ensure that the examinations administered to applicants at VCSNS Unit 2
before the completion of construction and the examinations administered
to applicants at VCSNS Unit 2 when construction is complete are
content-valid exams.
Impact of Alternative Method on Knowledge Retention and Learning New
Knowledge
The NRC staff has assurance that all applicants who become licensed
at VCSNS Unit 2 will be trained and tested on new procedures and tasks
as they become available. This is because all licensed operators are
subject to the requalification requirements of 10 CFR 55.59. These
requirements include additional operating tests as follows:
(a) Requalification requirements. Each licensee shall--
(1) Successfully complete a requalification program developed by
the facility licensee that has been approved by the Commission. This
program shall be conducted for a continuous period not to exceed 24
months in duration.
(2) Pass a comprehensive requalification written examination and
an annual operating test.
(i) The written examination will sample the items specified in
Sec. Sec. 55.41 and 55.43 of this part, to the extent applicable to
the facility, the licensee, and any limitation of the license under
Sec. 55.53(c) of this part.
(ii) The operating test will require the operator or senior
operator to demonstrate an understanding of and the ability to
perform the actions necessary to accomplish a comprehensive sample
of items specified in Sec. 55.45(a) (2) through (13) inclusive to
the extent applicable to the facility.
In other words, the applicants who receive a license will be required
to take additional operating tests to maintain the license as part of
the licensed operator requalification program. Therefore, the
requalification program gives the NRC staff additional confidence that,
as the plant is completed, operators will be continually trained and
tested on operationally-important in-plant systems and tasks directed
by procedures that have not been developed yet.
NUREG-1021 provides guidance for applicants transitioning from the
initial license program to the requalification program: ES-605, Section
C.1.b, states, ``Newly licensed operators must enter the
requalification training and examination program promptly upon
receiving their licenses.'' Also, ES-204 states that the region may
administer a license examination to an applicant who has not satisfied
the applicable training or experience requirements at the time of the
examination, but is expected to complete them shortly thereafter. These
requirements in NUREG-1021 help to ensure that the period of time
between completing all of the requirements to be licensed, which
includes completing the initial license training program and
[[Page 56715]]
passing the operator licensing examination, and entering a
requalification program that meets the requirements of 10 CFR 55.59 is
minimized so that applicants (1) receive refresher training on topics
learned in the initial training program, which ensures knowledge
retention of operationally-important topics, and (2) receive training
on new operationally-important topics as they becomes available (e.g.,
new procedures and tasks).
In Enclosure 1, ``Plant Walkthrough Exemption,'' Section 6.3,
``Otherwise in the Public Interest,'' of letter NND-16-0266, the
facility licensee stated that applicants ``cannot simultaneously
participate in preoperational testing activities while in ILO [initial
licensed operator] classes.'' As described in NEI 06-13A, Appendix A,
applicants in the cold licensing process must complete at least 6
months of ``practical and meaningful work experience,'' which includes
participation in preoperational testing, as part of the experience
requirements for an operator's license. Applicants that do not complete
any or a portion of the 6 months of practical and meaningful work
assignments prior to enrolling in the ILO program will have to do so
before the NRC issues a license. Therefore, some applicants at VCSNS
Unit 2 may not complete the requirements to be licensed ``shortly''
after taking the operator licensing examination. Because these
applicants would not yet be licensed, under NRC regulations they would
not be required to be enrolled in a training program that meets the
requirements of 10 CFR 55.59, ``Requalification.''
Although these applicants will be participating in practical and
meaningful work assignments to gain experience with the AP1000 design,
these assignments do not necessarily ensure that these applicants will
receive refresher training on topics learned in the ILO program or
receive training on new topics as they become available. In accordance
with 10 CFR 55.51,
If the Commission determines that an applicant for an operator
license or a senior operator license meets the requirements of the
Act and its regulations, it will issue a license in the form and
containing any conditions and limitations it considers appropriate
and necessary.
Therefore, the Commission may find it necessary to issue licenses with
any conditions or limitations that may be necessary to ensure that the
applicants have retained knowledge and learned new operationally-
important topics during the time between completion of the operator
licensing examination and issuance of the license.
In summary, as allowed by NUREG-1021, ES-201, Section B,
``Background,'' with its exemption request, the facility licensee
proposed alternatives to the examination criteria contained in NUREG-
1021 with respect to the in-plant/plant walk-through portions of the
operating test. The NRC staff reviewed the proposed method of
administering in-plant system JPMs described in letter NND-16-0266. For
the reasons described above, the NRC staff concluded that the proposed
alternatives provide an acceptable method of complying with the
Commission's regulations, as exempted.
If, in the future, the facility licensee desires to implement an
approach that differs from the alternative described in letter NND-16-
0266, then it should seek approval from the NRC.
Limitations and Expiration
The facility licensee requested the exemption from the regulation
that requires the operating test to be administered in a plant walk-
through because of the incomplete construction of the plant. As
construction of different sections of the facility becomes
substantially complete and in-plant systems, components, and structures
(SSCs) near completion, use of this exemption will become unnecessary
for those areas and SSCs. Accordingly, on a case-by-case basis, for
those tasks that are selected to be part of an operating task in
accordance with NUREG-1021, ES-301, Section D.4.a and Section D.4.b,
where it is possible to both perform OJT for an in-plant task in the
plant and administer a JPM developed from that task in a plant walk-
through, as determined by the NRC examiners, this exemption may not be
used. Furthermore, this exemption will finally expire and may no longer
be used upon the Commission's finding for VCSNS Unit 2 in accordance
with 10 CFR 52.103(g) (``The licensee shall not operate the facility
until the Commission makes a finding that the acceptance criteria in
the combined license are met, except for those acceptance criteria that
the Commission found were met under Sec. 52.97(a)(2).'').
Environmental Consideration
This exemption allows one, two, or three of the required in-plant
system JPMs to be performed using discussion and performance methods in
combination with plant layout diagrams, maps, equipment diagrams,
pictures, and mock-ups in lieu of plant equipment. The NRC staff
evaluated whether there would be significant environmental impacts
associated with the issuance of the requested exemptions. The NRC staff
determined the proposed action fits a category of actions that do not
require an environmental assessment or environmental impact statement.
For the following reasons, this exemption meets the eligibility
criteria of 10 CFR 51.22(c)(25) for a categorical exclusion. There is
no significant hazards consideration related to this exemption. The NRC
staff has also determined that the exemption involves no significant
increase in the amounts, and no significant change in the types, of any
effluents that may be released offsite; that there is no significant
increase in individual or cumulative public or occupational radiation
exposure; that there is no significant construction impact; and that
there is no significant increase in the potential for or consequences
from radiological accidents. Finally, the requirements to which the
exemption applies involve qualification requirements. Accordingly, the
exemption meets the eligibility criteria for categorical exclusion set
forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the issuance of the exemption.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
55.11, issuing this exemption from the requirement in 55.45(b) to
administer a portion of the operating test in a plant walk-through is
authorized by law and will not endanger life or property and is
otherwise in the public interest. The Commission also has approved the
facility licensee's proposed alternative to the examination criteria in
NUREG-1021, ES-301, Section D.4.a and Section D.4.b and therefore will
allow one, two, or three of the required in-plant system JPMs to be
performed using discussion and performance methods in combination with
plant layout diagrams, maps, equipment diagrams, pictures, and mock-ups
in lieu of plant equipment until the Commission makes a finding for
VCSNS Unit 2 that acceptance criteria in the combined license are met
in accordance with 10 CFR 52.103(g).
Dated at Rockville, Maryland, this 12th day of August 2016.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2016-20030 Filed 8-19-16; 8:45 am]
BILLING CODE 7590-01-P