Approximately one-third of the comments involve socioeconomic and The Federal Register notice for the final fule (Enclosure "A") includes a brief summary of major issues raised in the comments received. Enclosure "D" provides a detailed discussion and resolution of all public comments. The final rule does not include coverage of NRC personnel, since NRC personnel (e.g., inspectors) require unfettered access to nuclear power plants to perform their assigned duties, and since they do not perform functions that directly and immediately affect the safety of the plant. The rule retains the word "protected" rather than using the term Finally, the rule is broadly worded in keeping with the belief Discussion: criteria for alcohol/drug abuse or emotional instability; (4) an The NRC does not have regulations which specifically address use of alcohol and other drugs or the broader issue of fitness for duty of persons with unescorted access to protected areas at nuclear power stations. Since operation of a nuclear power station by personnel not fit for duty could degrade the licensee's abil to operate the facility in a safe manner, development of a requirement concerning the determination of fitness for duty with respect to the consumption of alcoholic beverages, use of other drugs, and mental or physical impairments which could affect a person's faculties in a way contrary to safety is necessary to protect the health and safety of the public. The subject final amendment will require that licensees operating commercial power reactors licensed under 10 CFR 50.21(b) or 50.22 establish and implement written procedures designed to provide reasonable assurance that the licensee's and its contractors' personnel with unescorted access to protected areas, while in those protected areas, are not under the influence of alcohol or other drugs or otherwise unfit for duty. Personnel would be considered unfit for duty if their faculties Consideration was given to incorporating this "Fitness for Duty" .The Commissioners Recommendations: the staff considered extending the rule to nuclear power plants under construction. It was determined by the staff that these plants need not be included in the rule since construction presents no immediate adverse effect on the public health and safety due to a radioactive release. Additionally, government and industry quality assurance programs at construction sites would be expected to minimize the potential latent effects of poor workmanship, due to non-fitness for duty, on operating plant safety. That the Commission: 1. 2. Approve publication of the final rule as set forth in Enclosure "A", to amend 10 CFR 50.2 and 50.54 by requiring that licensees operating commercial power reactors licensed under 10 CFR 50.21(b) or 50.22 establish and implement adequate written procedures designed to provide reasonable assurance that all persons with Unescorted access to protected areas, while in chose protected areas, are not (1) under the influence of alcohol, (2) under the influence of any other drugs that could affect their faculties in any way contrary to safety, or (3) otherwise unfit for duty because of mental or physical impairments which could affect their performance in any way contrary to safety. In order to satisfy the requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b), certify that this final rule will not have a significant economic impact on a substantial number of small entities. This certification is included in the enclosed Federal Register notice. The Commissioners Scheduling: 5 d. e. f. 9. This rule contains information collection requirements That a public announcement will be issued (Enclosure "G"). That the Chief Counsel for Advocacy of the Small Business Recommend affirmation at an open meeting. 6 Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Wednesday, August 31, 1983. Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Wednesday, August 24, 1983, 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 September 5, 1983. Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time. DISTRIBUTION: Commissioners OGC OPE OCA ΟΙΑ OPA REGIONAL OFFICES EDO ELD ACRS ASLBP ASLAP SECY |