Recommendations:

The proposed amendment would require commercial and industrial facilities licensed under 10 CFR 50.22 to establish and implement adequate written procedures designed to assure that personnel with. unescorted access to protected areas (both licensee and contractor personnel) are not under the influence of drugs or alcohol or not otherwise unfit for duty. Each licensee will develop procedures which take into consideration not only fairness to and due process for its employees but also any conditions or circumstances unique to its facility.

The definition of protected area used in this proposed rule was
taken verbatim from $73.2(g). It was selected because any person
with unescorted access to a protected area may have the oppor-
tunity to adversely efiect the health and safety of the public
through an unobserved act whether intentional or inadvertent.
Personnel would be considered unfit for duty if their faculties
were affected in a way contrary to safety by substances such as
alcohol or drugs. Additionally, the phrase "... or otherwise
unfit for duty..." is intended to require consideration of other
factors when determining an individual's fitness for duty, such as
the effects of fatigue, stress, illness, and temporary physical
impairments.

Consideration was given to incorporating this proposed rule into
the proposed revision to 10 CFR 72.56 (Access Authorization Rule)
which is being developed. Because of the different orientations
of the two rules, 1.e., trustworthiness (73.56) versus fitness
(50.54), and the need to rapidly establish a regulatory basis from
which to address the drug problem, the decision was made to keep
the two rulemakings separate, at least initially. After one or
two years of experience have been gained from the implementation
and use of these rules, the staff will reconsider whether these
rules should be combined. The resource impact on the NRC staff of
this rule, if promulgated, is one person-day por facility per year.
That the Commission:

1.

2.

Approve publication of the proposed rule as set forth in
Enclosure "A," which would aser1 10 CFR 50.2 and 50.54 by
requiring commercial and industrial facilities licensed under
10 CFR 50.22 to establish, document, and implement adequate
written procedures designed to ensure that, while on duty,
their and their contractors' personnel with unescorted access
to protected areas are not (1) under the influence of alcohol,
(2) using any drugs that affect their faculties in any way
contrary to safety, or (3) otherwise unfit for duty because
of mental or temporary physical impairments.

In order to satisfy the requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b), certify that this rule, if

promulgated, will not have a significant economic impact on substantial number of small entities. This certification is included in the enclosed Federal Register notice.

3. Note:

a.

b.

c.

d.

f.

h.

1.

That the notice of proposed rulemaking in Enclosure "A" will be published in the Federal Register allowing 60 days for public comment.

That, if after expiration of the comment period no significant adverse comments or significant questions have been received and no substantial changes in the text of the rule are indicated, the Executive Director for Operations will arrange for publication of the amendment in final form.

That, in accordance with 10 CFR 51.5(d)(3) neither an environmental impact statement nor a negative declaration need be prepared in connection with this rulemaking action since the amendment is nonsubstantive and insignificant from the standpoint of environmental impact.

This proposed rule contains information collection
requirements that are subject to review by the Office of
Management and Budget. Upon Commission affirmation,
formal request for OMB review and clearance will be
initiated. OMB review may take 60-90 days from the date
of publication in the Federal Register. Therefore, such
requirements will be made effective only after that
period. If approval is denied by OMB, the Commission
will be notified.

That the Subcommittee on Nuclear Regulation of the
Senate Committee on Environment and Public Works and the
Subcommittee on Energy and Power of the House Committee
on Interstate and Foreign Commerce will be informed.
That a public announcement will be issued (Enclosure D).
That the proposed action complies with E.0. 12291/
Task IV.G.2 of the TMI Action Plan. (Enclosure E)

That ADM will send copies of the proposed rule to all
affected licensees and other interested persons
following Commission approval for publication of the
proposed rule.

That the Chief Counsel for Advocacy of the Small
Business Administration will be informed of the

The Commissioners

Scheduling:

certification and the reasons for it as required by the Regulatory Flexibility Act.

Recommend affirmation at an open meeting.

Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Wednesday, June 2, 1982.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Wednesday, May 26, 1932, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

This paper is tentatively scheduled for affirmation at an Open Meeting during the week of June 7, 1982. Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.

SUMMARY: The Commission is proposing to amend its regulations to require commercial and industrial facilities licensed under 10 CFR 50.22 (primarily nuclear power plant licensees) to establish and implement controls designed to assure that personnel with unescorted access to protected areas are not under the influence of drugs or alcohol or otherwise unfit for duty. The proposed amendment was developed because of a concern that certain personnel could become unfit for duty due to the effects of substances such as alcohol or drugs and, thereby, could perform actions that might adversely impact the health and safety of the public.

DATES: Comment period expires

the have also been Mese incidents, the

Comments

received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments annt, actor personne.. ANLAM received on or before this date.

V by other requien

ADDRESSES: Submit written comments and suggestions on the proposal and/or the supporting value/impact analysis to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch. Single copies of the value/ impact analysis may be obtained on request from the contact person listed

[7590-01]

below. Copies of comments received on the proposed amendment and the value/impact analysis may be examined in the Commission's Public Document Room at 1717 H Street NW., Washington, D. C. between 8:15 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Ellis W. Merschoff;
Ellis W. Merschoff, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, Telephone (301)443-5942.

SUPPLEMENTARY INFORMATION: The Commission has found that the number of reported drug-related incidents in which licensee or contractor employees were arrested or terminated has increased substantially over the past three years. In 1979 there was one such reported incident, in 1980 there were five, and in 1981 there were twelve. These incidents have involved both onsite use or possession of drugs and personnel reporting to work under the influence of controlled substances. Marijuana has been the most frequently reported controlled substance involved in these incidents however, incidents involving amphetamines, cocaine, hashish, and methaqualone have also been reported.

As a result of these incidents the NRC Office of Inspection and Enforcement (IE) has established a Drug Abuse Task Force to develop a generic approach to the problem of possible drug (including alcohol, abuse by licensee or contractor personnel. A NUREG report which describes current practice by other regulatory organizations and by industry with regard to the abuse of drugs and alcohol is being developed by IE. The NUREG report is entitled "Survey of Industry and Government Programs to Combat Drug and Alcohol Abuse" and should