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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 "0" 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
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 otherwise 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"
. The Co-issioners
the staff considered extending the rule to nuclear power plants under construction. It was determined roy 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 Co-ission:
1. rove 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 50.21Gb) or 50.22 establish and imple-ent adequate
2. In order to satisfy the requirements of the Regulatory Flexi-
a. 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.
b. That the Subcommittee on Nuclear Regulation of the Senate Co-ittee on Environ-ent and Public works and the Subco-ittee on Energy and Power of the House Committee on Interstate and Foreign Commerce will be infor-ed.
c. That ADM will send copies of the final rule to all affected licensees and other interested persons following Commission approval.
The Commissioners 5
d. This rule contains information collection requirements that were reviewed and approved by the Office of Management and Budget.
e. That a public announcement will be issued (Enclosure “G”).
f. A Regulatory Analysis is attached as Enclosure "B".
g. 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 Flexibility Act.
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 MLT Wednesday, August 24, 1983, with an information copy to the Office of the Secretary.TIf 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.