Our letter identified two potentially escalated apparent violations (one involving the requirements of
10 CFR 26.10), and one non-escalated apparent violation involving the requirements of
10 CFR 26.10 (b) and (c). After further review subsequent to the enforcement conference, the NRC has concluded that both of the above apparent violations involving
10 CFR 26.10 will be combined into one non-escalated violation. In this case, an auxiliary operator identified that the NSO was
inattentive, but failed to immediately report the incident to security management as required by
FNPs continuing behavior observation program. These actions are contrary to
10 CFR 26.10, which require that a licensees
fitness for duty program must provide reasonable assurance that individuals are fit for duty and free from the influence of any substances, legal or illegal, and must provide reasonable measures for the early detection of persons who are not fit to perform their duties.
