ML20202C704
| ML20202C704 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/1986 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Hawkins P SENATE |
| Shared Package | |
| ML20202C707 | List: |
| References | |
| NUDOCS 8607110371 | |
| Download: ML20202C704 (3) | |
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[ 4 VStello LBush v .,g UNITED STATES JRoe EC01734
[ g NUCLEAR REGULATORY COMMISSION TRehm DDTS /!86-278 WASHINGTON, D. C. 20555 y g g
- y HDenton SECY-86-466
\ * * . . + ,/ June 30, 1986 GCunningham no ue JTaylor RVollmer JPartlow The Honorable Paula Hawkins RSpessard United States Senate FTcKee Washington, D. C. 20 5 LO-JCunninghan
Dear Senator Hawkins:
The Commission appreciates receiving your views on the need for a fitness for duty rule for the nuclear industry that were expressed in your letter of May 8, 1986. We share your concern about the consequences of human error in the nuclear industry, and therefore require a number of programs, such as training and qualification, to minimize the occurrence of errors. Mental and physical impairments from the effects of drugs are certainly included in our concerns about human error.
As an alternative to promulgation of regulations in this area, in August 1984, the nuclear industry offered to develop comprehensive guidance for licensee programs for providing assurance that personnel are fit to perform their duties. NRC endorsement of the industry proposal with access to vital areas is consistent with the Commission's regulatory philosophy of encouraging initiatives by the nuclear industry where such self-improvements can rapidly satisfy NRC's concerns. This policy is, of course, contingent upon NRC's determination through periodic inspections, audits, and other assessment means that industry is satisfactorily implementing programs which address these issues without the need for further regulations.
Notwithstanding the absence of a specific rule, our authority in all matters which potentially affect nuclear safety provides a sufficient basis for NRC action in any case where drug or alcohol use could impact the public health and safety.
There have been several recent industry efforts to implement fitness for duty programs. These included publication in August 1985 of industry guidelines entitled "EEI Guide to Effective Drug and Alcohol / Fitness for Duty Policy Development," and a number of conferences on development and implementation of effective fitness for duty programs. In February 1986, the Nuclear Utility Manpower and Resources Committee (NUMARC) reported to the Commission that all nuclear utilities had voluntarily implemented fitness for duty pro' grams. The Institute for Nuclear Power Operations (INPO), an industry organization formed to promote excellence in nuclear power operations, has revised its performance objectives to include (O specific criteria to evaluate licensee fitness for duty programs o during INP0's normal evaluation process. In addition, all nuclear power reactor licensees have committed to review and jfl)
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upgrade, as necessary, their programs using the EEI guidelines.
The Commission's proposed Fitness for Duty Policy Statement, which endorses industry efforts and states Commission objectives was approved June 25, 1986 and is attached.
INP0 has agreed to conduct an industry survey to identify the various program elements in place at each utility. During the House Select Committee hearing on May 7, 1986, Mr. Taylor's source of information on. current use of chemical testing by the nuclear industry was an informal and incomplete tabulation of data gathered by INPO during the past number of months. When the generic results of the INP0 survey are received, we will be happy to provide them to you.
Commissioner Asselstine adds:
I believe that the Commission should promulgate a rule on fitness for duty rather than allowing the industry to regulate itself on this issue. Human error is a dominant factor in the risk associated with nuclear power plants, and the Commission should do everything it can reasonably do to reduce that element of the risk. A rule that would require all utilities to have an adequate program to ensure that their employees do not perform safety related work in a drug or alcohol impaired state would help reduce one possible cause for human error.
Unfortunately, the Commission has chosen only to issue a policy statement urging utilities to adopt such a program.
That policy statement is not enforceable by the Commission as a rule would be. Therefore, the Commission's ability to ensure that utilities have an adequate program is limited.
Further, because there will be no rule and because the elements of the EEI guidelines are optional, there will more than likely be extensive variations among the programs of licensees. For example, the utilities will probably adopt widely differing approaches on issues such as chemical testing and offsite drug use. A rule, coupled with specific guidance on the elements of an adequate program, would ensure that all utilities had at least the basics of an effective program, or if they did not, the Commission would have the ability to take specific enforcement action to do something about it.
Chairman Palladino adds:
I, too, favor a rule; nonetheless, the policy statement will promptly focus industry's attention on the problem.
If the policy statement does not produce desired results in 18 months, I believe NRC will have to establish a rule.
Commissioners Roberts, Bernthal and Zech add:
The Commission majority does not share the Chairman's and Commissioner Asselstine's great concern about the legally non-binding character of the policy statement per se. The Commission's hands are not tied if it finds inadequate compliance with straightforward and explicit policy guidelines.
The Atomic Energy Act confers broad authority on the Commission to take prompt action should any licensee facility, in the Commission's judgment, not be operated in a manner that adequately protects the public health and safety. A policy statement, at this juncture, offers the quickest means to achieve the end we all desire.
Sincerely, (4Le ~{ Lhb4 W Nunzio J.' alladino
Attachment:
As stated
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