STATUTORY CONSIDERATIONS

4.1 NRC Regulatory Authority

Authority for the proposed action is derived from the safety requirements of section 103 of the Atomic Energy Act of 1954, and from section 201 of the Energy Reorganization Act of 1974.

4.2 Need for NEPA Statement

An environmental impact statement is not required since, under 10 CFR 51.5(d)(3), the proposed action is not a major action that may significantly affect the quality of the human environment.

5. RELATIONSHIP TO OTHER EXISTING OR PROPOSED REGULATIONS OR POLICIES

The restrictions provided by the proposed action are not addressed by existing regulations or policies, nor are they addressed by other proposed regulations or policies. The relationship between this proposed rule and the proposed change to 10 CFR 73.56 (Access Authorization Rule) under development has been carefully considered. The decision has been made to procede separately with this two rulemakings and to reconsider combining them after experience has been gained from their implementation.

A broad regulation dealing with fitness for duty of personnel with unescorted access to protected areas should be proposed.

ENCLOSURE D

NRC PROPOSES LICENSEE PROCEDURES TO ASSURE FITNESS

FOR DUTY AT NUCLEAR POWER PLANTS

The Nuclear Regulatory Coraission is proposing to amend its regulations to require that utilities licensed to operate nuclear power reactors establish procedures to assure that personnel with unescorted access to protected areas of a facility are not under the influence of drugs, alcohol and otherwise unfit for duty.

The Commission believes the proposed change to Part 50 of NRC regulations is needed to assure that personnel unfit for duty, because of mental or temporary physical impairments, are not given the opportunity to adversely affect the health and safety of the public in the operation of a nuclear power plant.

In 1979,

The Commission has found that the number of reported drug-related incidents in which licensee or contractor employees were arrested or terminated has increased substantially over the last three years. there was one such incident. In 1980, there were five incidents and in 1981 there were 12. The incidents have involved both onsite use or possession of. drugs and personnel reporting to work under the influence of drugs.

As a result of these incidents, the NRC Office of Inspection and

Enforcement has established a Drug Abuse Task Force to develop an approach to the problem on a generic basis.

At this time, specific criteria to determine fitness for duty would be left to the individual licensee. However, the Commission is requesting public comment on the use of breath tests, psychological tests, behavioral observation programs, and other possible implementation measures.

The Commission additionally proposes to require consideration of effects of other conditions when determining an individual's fitness for duty, such as fatigue, stress, illness and temporary physical impairments.

The proposed rule has been broadly worded to allow each licensee to develop procedures which consider not only fairness to, and due process for, its employees but also any conditions or circumstances that may be unique to its facility.

Comments

Written comments on the proposed rule change should be submitted within 60 days of publication in the Federal Register on should be addressed to the Secretary of the Commission, Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Docketing and Service Branch.

SUBJECT: Requirement For Licensees to Assure that Personnel with Unescorter

cess to Protected Areas

of Commercial and Industrial Facilities Licensed Under 10 CFR 50.22 are Fit for Duty

2. The direct and indirect effects of the regulation
have been adequately considered.

3. Alternative approaches have been considered and
the least burdensome of the acceptable alter-
natives has been chosen.

Public comments have been considered and an
adequate response has been prepared.

5. The regulation is written in plain English and is
understandable to those who must comply with it.

6. An estimate has been made of the new reporting
burdens or recordkeeping requirements necessary
for compliance with the regulation.

7. The name, address, and telephone number of a
knowledgeable agency official is included in
the publication.

8. A plan for evaluating the regulation after its
issuance has been developed.

NRC Compliance

The need for the proposed regulation is discussed
in the Value/Impact Assessment prepared in
connection with the rulemaking (Enclosure C).
The direct and indirect effects of this rulemaking
were considered in the Value/Impact Analysis
prepared in connnection with the proposed rule.
(Enclosure C)

Alternative methods for providing restrictions
on the consumption of alcoholic beverages and
the use of drugs by nuclear facility personnel
have been considered in the Value/Impact Assess-
ment, and the least burdensome of the acceptable
alternatives has been chosen.

The proposed amendment is being issued for public
comment.

The proposed amendment has been reviewed and edited
for the specific purpose of ensuring that the
regulation is clear and can be understood by persons
who are required to comply with it.

The proposed action will result in an additional
reporting burden on the licensee and the NRC. The
new recordkeeping requirements for licensees will
be submitted to the Office of Management and
Budget for approval as required by the Paperwork
Reduction Act of 1980.

The Federal Register notice promulgating the proposed
rule contains the name, address, and telephone number
of a knowledgeable agency official.

This regulation, if promulgated will be reviewed in the second cycle of NRC's periodic and systematic review process (1986-1991).

Enclosure &

Subject:

Purpose:

Background:

Contact:

T. G. Ryan, RES 443-7942

RULEMAKING ISSUE SECY-83-339
(Affirmation)

The Commissioners

William J. Dircks

Executive Director for Operations

FINAL RULEMAKING CONCERNING FITNESS FOR DUTY FOR PERSONNEL WITH
UNESCORTED ACCESS TO PROTECTED AREAS

To obtain Commission approval to publish a final rule in the
Federal Register which would require development and implementa-
tion of written procedures providing reasonable assurance that
personnel with unescorted access to protected areas of nuclear
power stations, while in those protected areas, are fit for duty.
Licensees issued operating licenses for commercial power reactors
under 10 CFR 50.21(b) or 50.22 will be required to develop and
implement written procedures within 9 months after the effective
date of the rule, or the date of issuance of an operating license,
whichever is later. Licensees who cannot meet the 9-month deadline
must submit, not less than 90 days prior to that deadline, a request
for an extension to the Director of the Office of Nuclear Reactor
Regulation and demonstrate good cause for the request. The 9-month
requirement resulted from discussions with fitness for duty program
developers in other government agencies and private industry.

On August 5, 1982, the Commission published for comment (47 FR
33980) a proposed rule amending its current regulation 10 CFR
50.54, "Conditions of Licenses" to require licensees to develop
and implement written procedures concerning fitness for duty.
(See Enclosure "G" for Public Announcement of proposed rule.)
ADM sent copies of the proposed rule to all affected licensees
and other interested persons.

Seventy-three responses containing 310 comments were received
(see analysis in Enclosure "D"). Approximately forty percent
of the respondents favor the rule. The remainder question the
necessity for the rule, stating that licensees are aware of the
fitness for duty issue and are taking appropriate remedial
action. Included in this latter group are 22 of 36 utilities
responding, eight of 10 utility suppliers responding, and six
of seven private citizens identified with the nuclear industry.

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