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Subject to the continued success of industry's programs and NRC's ability to monitor the effectiveness of those programs, the Commission will refrain from new rulemaking on fitness for duty for a minimum of 18 months from the effective date of this Policy Statement. The Commission's decision to defer implementation of rulemaking in this area is in recognition of industry efforts to date and the intent of the industry to utilize the EEI Guidelines in developing fitness for duty programs. The Commission will exercise this deference as long as the industry programs produce the desired results. However, the Commission continues to be responsible for evaluating licensees' efforts in the fitness for duty area to verify effectiveness of the industry programs. The Commission will reassess the possible need for further NRC action based on the success of those programs during the 18 month period.

At the Commission's request, the industry has agreed to undertake a review of the program elements and acceptance criteria for a fitness for duty program. NUMARC has requested that EEI modify or supplement, as appropriate, its "Guide to Effective Drug and Alcohol/Fitness for Duty Policy Development", and EEI has agreed. Further, INPO has agreed to enhance its performance objectives and criteria for its periodic evaluations to include appropriate criteria for fitness for duty. Copies of the documents describing the program elements and criteria for

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fitness for duty programs developed by the industry will be provided to NRC for review and comment.

The NRC will evaluate the effectiveness of utility fitness for duty programs by its normal review of industry activities. Through reviews of INPO program status and evaluation reports, periodic NRC observation of INPO evaluations, and direct inspections conducted by the NRC's Performance Appraisal Teams, Regional Offices, and Resident Inspectors, NRC will also monitor the progress of individual licensee programs.

By way of further guidance to licensees, Commission expectations of licensee programs for fitness for duty of nuclear power plant personnel may be summarized as follows:

It is Commission policy that the sale, use, or possession of illegal drugs or alcohol at nuclear power plant sites is unacceptable.

It is Commission policy that persons on nuclear power plant sites shall not be under the influence of any substance, legal or illegal, which adversely affects their ability to perform their duties.

An acceptable fitness for duty program to ensure a drug and alcohol free environment at nuclear power plant sites

should at a minimum include the following essential elements:

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1) A provision that the sale, use, or possession of illegal drugs or abuse of legal drugs on site will result in immediate revocation of access to vital areas and discharge from nuclear power plant activities.

2)

3)

The use of alcohol on site will result i immediate revocation of access to vital areas and severe disciplinary action, up to and including, discharge from nuclear power plant activities.

A provision that offsite sale, possession, or use of illegal drugs will result in immediate revocation of access to vital areas, and mandatory rehabilitation prior to reinstatement of access, and possible discharge from nuclear power plant activities.

The ability of licensees to demonstrate and assure fitness for duty of all power plant personnel by effective monitoring and testing procedures.

The industry, by periodic briefings or other appropriate methods, is expected to keep the Commission informed on program status and provide periodic status reports to the NRC staff. The NRC may also from time to time ask individual licensees to provide such information as the Commission may need to assess program adequacy.

ENFORCEMENT

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Violations of any applicable reporting requirement or instances of a person being unfit for duty such that plant safety is potentially affected will be subject to the enforcement process. Any NRC staff enforcement action pertaining to fitness for duty during this grace period will be undertaken only with Commission

concurrence.

In addition to required reports and inspections, information requests under 10 CFR 50.54(f) may be made and enforcement meetings held to ensure understanding of corrective actions. Orders may be issued where necessary to achieve corrective actions on matters affecting plant safety.

In brief, the NRC's decision to use discretion in enforcement in order to recognize industry initiatives in no way changes the NRC's ability to issue orders, call enforcement meetings, or suspend licenses should a significant safety problem be found.

Nothing in this Policy Statement shall limit the authority of the NRC to conduct inspections as deemed necessary to to take appropriate enforcement action when regulatory requirements are not met.

Subject:
Purpose:

Background:

Discussion:

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James G Partlow
EWS 360

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SECY-86-153

FITNESS FOR DUTY OF NUCLEAR POWER PLANT PERSONNEL

To advise the Commission of industry and staff comments on the
proposed fitness for duty Policy Statement and other related
matters.

SECY 85-21 of January 17, 1985 provided the Commission with a
proposed Policy Statement on fitness for duty programs at
operating nuclear power plants. This Policy Statement had been
developed by the staff in conjunction with the industry in
accordance with the Commission's Staff Requirements Memorandum
(SRM) of October 24, 1984. SECY 85-21A of April 12, 1985
provided a proposed withdrawal notice for the fitness for duty
rule, which had been published for comment in August 1982.

An SRM of January 29, 1986 directed the staff to discuss the
proposed Policy Statement, as modified by the Commission,
with the Nuclear Utility Management and Resources Committee
(NUMARC) and the Institute of Nuclear Power Operations (INPO)
and to advise the Commission of any comments or recommendations.

In accordance with Commission guidance, the proposed Policy
Statement was provided to NUMARC and INPO in early February
1986. An initial industry markup prepared by INPO and NUMARC
staffs was discussed with the NRC staff, and further modified
for clarification, during a meeting in Atlanta on March 5, 1986.
In a May 6, 1986 letter to the EDO, the Chairman of the NUMARC
Steering Committee indicated that the markup of the Policy
Statement has been endorsed by the full NUMARC Executive Group
(Enclosure 1). Enclosure 2 provides a comparison between the
draft provided by the Commission and that endorsed by NUMARC.
The proposed modifications recommended by industry update
information on the status of industry programs and provide
clarifying language preferred by industry. The Commission will
note that "protected areas" has been substituted for "on site"
in several places in the policy statement. These changes were
made because nuclear power plant sites often include tracts of

CONTACT: James G. Partlow, IE

Ext. 24614