Approximately one-third of the comments involve socioeconomic and
implementation issues. Recommendations were received for changes
in the rule involving its wording, scope, and persons affected.
A total of 102 comments were received in response to five specific
questions posed by the Commissioners in the Federal Register notice.
Nineteen respondents are in favor of the Commission establishing
specific fitness for duty criteria; three respondents feel that
these criteria should be established by the individual licensees.
Twenty-seven respondents comment that the Commission should not
specify specific methods (e.g., breath testers, psychological
tests) for implementing the "Fitness for Duty" rule. Ten
respondents favor limiting the rule to vital areas of the plant;
five favor its application in all protected areas. Thirty-three
respondents favor extending the rule to NRC personnel; two do not
favor such an extension. Three respondents comment that the NRC
should not establish specific blood-alcohol level limits; one
respondent favors NRC establishing limits but does not recommend
a specific level.

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
"vital" to describe affected areas of the plant. Selective appli-
cation of the rule only to persons with unescorted access to vital
areas would be impractical, since implementation of the rule will
occur at the entrance to and in the protected areas of the plant.
Additionally, there is no way of guaranteeing that persons with
unescorted access to protected areas will not penetrate vital
areas through assistance or coercion of persons with unescorted
access to vital areas, especially if under the influence of alcohoì
or other mind altering and mood changing drugs.

Finally, the rule is broadly worded in keeping with the belief
that each licensee should establish specific procedures and tech-
niques for determining fitness for duty (e.g., breath testers,
psychological tests) taking into consideration circumstances unique
to its facility. Written procedures developed by licensees would
probably include the following: (1) a statement of responsibilities
of the program coordinator, managers, supervisors, and employees
who come in contact with persons with unescorted access to protected
areas; (2) an observation procedure; (3) a procedure (diagnosis,
referral, return to duty) for assisting individuals who meet the

Discussion:

criteria for alcohol/drug abuse or emotional instability; (4) an
administrative procedure for processing individuals who refuse
assistance and/or who wish to exercise their appeal rights; and
(5) training provisions for all personnel and management to
acquaint them with the licensee's fitness for duty procedures.
Additionally, an industry task force, staffed by representatives
from the Institute of Nuclear Power Operations (INPO), Edison
Electric Institute (EEI) and the utilities, is developing a set
of standard guidelines for licensees to use in responding to this
rule.

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
were affected in a way contrary to safety by substances such as
alcohol or other drugs. Additionally, the phrase "... or other-
wise unfit for duty..." is intended to require the licensee to
consider other factors when determining an individual's fitness
for duty, such as the effects of fatigue, stress, illness, and
physical impairments.

Consideration was given to incorporating this "Fitness for Duty"
rule into the draft proposed revision to 10 CFR 73.56 (Access
Authorization Rule). Because of the different orientations of
the two rules, i.e., trustworthiness (§ 73.56) versus fitness
($ 50.54), and the need to rapidly establish a regulatory basis
from which to address the fitness for duty issue, the decision
was made to keep the two rulemakings separate, at least initially.
After gaining experience from the implementation and use of these
rules (e.g., 2-3 years), the staff will reconsider whether these
rules should be combined or coupled in some way. Additionally,

.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 were reviewed and approved by the Office of Manage-
ment and Budget.

That a public announcement will be issued (Enclosure "G").
A Regulatory Analysis is attached as Enclosure "8".

That the Chief Counsel for Advocacy of the Small Business
Administration will be informed of the certification and
the reasons for it as required by the Regulatory Flexi-
bility Act.

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