no fire actually occurs, the staff could impose nothing higher than a Severity Level IV violation. For all of these reasons, I cannot support the process and interpretations outlined by the staff in the SECY-85-306 series. There are unanswered questions about the need for the document, the workability of the proposed process, and the technical adequacy of the new interpretations. BACKFIT ANALYSIS As a separate metter, I think the Commission should carefully consider the backfit analysis provided by the staff on the new interpretations document. The analysis is cursory at best. The discussions of the criteria in $50.109 are really nothing more than unsupported, conclusory statements. The level of detail in this analysis is far below that of the analysis provided for the Station Blackout Rule. I propose that we require an analysis that is at least as complete as that for the Station Blackout Rule. Further, I propose that we publish a more detailed analysis for public comment, as was the interpretations document. Any comments received should be addressed before the Commission acts. SECY, please track responses. CC: OPE ccc SECY 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 To obtain Commission approval to publish a final rule in the On August 5, 1982, the Commission published for comment (47* FR Seventy-three responses containing 310 comments were received Approximately one-third of the comments involve socioeconomic and The Federal Register notice for the final fule (Enclosure "A") 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 Discussion: criteria for alcohol/drug abuse or emotional instability; (4) an 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 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. 3. 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. |