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 licensees 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 take appropriate enforcement action when regulatory requirements are not met.

The Commission (with Chairman Palladino and Commissioners
Roberts and Zech agreeing) approved publication of the attached
policy statement on Fitness for Duty of Nuclear Power Plant
Personnel. The Federal Register Notice should note that the
policy is effective upon publication and that interested members
of the public are invited to provide comments. The staff should
provide an analysis of the comments and recommendations to the
Commission following receipt of the public comments. The policy
is subject to the continued success of the industry initiatives
in implementing fitness for duty programs and the 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 and will exercise this deference as long as the
industry programs produce the desired results. Commissioner
Asselstine disapproved and provided separate views indicating
that he preferred to issue a rule instead of a policy statement.
The additional views of the Commission are also attached.

Commissioner Bernthal approved the policy statement in part and
disapproved in part. He noted that:

"Consistent with the policy statement originally approved
by Commissioners Roberts, Zech, and Bernthal, I would have
preferred that the final policy statement retain the
following language.

по

On page 6, I would delete the phrase, ...in any way
related to safety', that was added to the end of the
sentence under the second bullet, and I would have
retained the original draft wording under the third
bullet.

2

Also on page 6, I would retain the words '...severe disciplinary action, up to and including.....

have been replaced by the word 'possible' in point 1) at the bottom of the page.

On page 7, with the exception of the changes in point
2) at the top of the page, I would retain the language
of the January 29 Commission-approved draft."

The Federal Register Notice should be forwarded for signature and publication. In addition the Federal Register Notice contained in SECY-85-21A which withdraws the proposed rulemaking on fitness for duty should be revised as necessary and forwarded for signature.

FEDCA (IE)

(SECY Suspense: 7/28/86)

(This completes Commission action on SECY-85-21A.)

You should provide the Commission with an analysis of the public comments received and recommendations for further action if necessary.

#BD (IE)

(SECY Suspense: 1/5/87)

The Commission expects to be kept informed by periodic briefings or other appropriate means during the next 18 months on the industry's experience with the policy.

#EDOW (IE)

Attachments:

As stated

cc: Chairman Zech

Commissioner Roberts

Commissioner Asselstine
Commissioner Bernthal

Commission Staff Offices
PDR Advance

DCS-016 Phillips

(SECY Suspense:

se: as appropriate)

NUCLEAR REGULATORY COMMISSION

COMMISSION POLICY STATEMENT ON

FITNESS FOR DUTY OF NUCLEAR POWER PLANT PERSONNEL

4/18/86

AGENCY: Nuclear Regulatory Commission

ACTION:

Final Commission Policy Statement on Fitness for Duty
of Nuclear Power Plant Personnel

SUMMARY: This statement presents the policy of the Nuclear
Regulatory Commission (NRC) with respect to fitness for duty
and describes the activities that the NRC will use to execute
its responsibilities to ensure the health and safety of the
public. To provide reasonable assurance that all nuclear
power plant personnel with access to vital areas at operating
plants are fit for duty, licensees and applicants are developing
and implementing fitness for duty programs using guidance

It

in the Edison Electric Institute (EEI) "EEI Guide to Effective
Drug and Alcohol/Fitness for Duty Policy Development."
remains the continuing responsibility of the NRC to independently
evaluate applicant development and licensee implementation
of fitness for duty programs to ensure that desired results
are achieved. Nothing in this Policy Statement limits NRC's
authority or responsibility to follow up on operational events
or its enforcement authority when regulatory requirements
are not met. However, while evaluating the effectiveness

-2

of this guidance, the NRC intends to exercise discretion

in enforcement matters related to fitness for duty programs

for nuclear power plant personnel and refrain from new rulemaking

in this area for a period of at least eighteen months from
the effective date of this Policy Statement.

EFFECTIVE DATE: (Upon publication in the Federal Register)

Loren Bush, Operating Reactor

FOR FURTHER INFORMATION CONTACT: Loren Bush,

Programs Branch, Office of Inspection and Enforcement, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555, telephone (301) 492-8080.

SUPPLEMENTARY INFORMATION:

BACKGROUND

The Nuclear Regulatory Commission (NRC) recognizes drug and
alcohol abuse problems to be a social, medical, and safety
problem affecting every segment of our society. Given the
pervasiveness of the problem it must be recognized that it
exists to some extent in the nuclear industry. Prudence,
therefore, requires that the Commission consider additional
appropriate measures to provide reasonable assurance that
a person who is under the influence of alcohol or any substance
legal or illegal which affects his ability to perform his