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IN RESPONSE, PLEASE
REFER TO: M070417B

April 17, 2007

1. SECY-06-0244 - Final Rulemaking--10 CFR Part 26 - Fitness-For-Duty Programs

The Commission approved a final rule which amends 10 CFR Part 26 governing the domestic licensing of production and utilization facilities to revise, reorganize, and clarify drug and alcohol testing programs; establish requirements for managing worker fatigue at operating nuclear power plants; and partially grants two petitions for rulemaking; subject to the attached changes.

Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

The staff should continue engaging the industry and other stakeholders to complete the associated regulatory guidance for this rule, and ensure that it addresses the broad range of questions of interpretation and implementation.

2. SECY-07-0030 - Final Rulemaking on Limited Work Authorizations

The Commission approved a final rule which amends 10 CFR Parts 2 and 50 to revise the requirements for limited work authorizations (LWA) and preparation activities at the prospective site of a nuclear power plant.

The Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

References to "a LWA" in the final rule (e.g., 2.102(a) and 2.104(d)) and Federal Register package should be changed to "an LWA" throughout (note the inconsistency on p. 91 of the final rule).

The staff should make any conforming changes to this final LWA rule that are necessary to reconcile it with the Staff Requirements Memorandum dated April 11, 2007, for the final Part 52 rule, recognizing that this final LWA rule approval is the later Commission action.

The staff should work with external stakeholders to develop and publish the necessary implementation guidance. This should be given a high priority. Part of the guidance should include a discussion of optional voluntary site visits that may ultimately assist in processing a future COL application for the site.

The staff should keep the Commission informed of progress in implementing this new process, and should forward to the Commission any substantive policy or implementation question for resolution.

3. SECY-07-0064 - Southern Nuclear Operating Co. (Early Site Permit for Vogtle ESP Site), Docket No. 52-011-ESP, Certified Question

The Commission approved a Memorandum and Order responding to a certified question from the Atomic Safety and Licensing Board in LBP-07-03 which requested authority to go forward with merits litigation for Southern Nuclear Operating Company on the Early Site Permit for the Vogtle ESP Site on admitted environmental contentions prior to issuance of the final environmental impact statement. The Memorandum and Order does not authorize or require a merits hearing on the admitted environmental contentions prior to the issuance of the final environmental impact statement.

(Subsequently, on April 17, 2007, the Secretary signed the Memorandum and Order.)

Attachments:

Comments and Changes to the Final Rule in SECY-06-0244

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Wednesday, April 18, 2007