ML20206R077

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Transcript of 860625 Affirmation/Possible Discussion in Washington,Dc on SECY-86-153, Fitness for Duty of Nuclear Power Plant Personnel. Pp 1-13
ML20206R077
Person / Time
Issue date: 06/25/1986
From:
NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8607070064
Download: ML20206R077 (25)


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k ORIGINAL UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  :.f e

In the matter of:

COMMISSION MEETING e Affirmation ,

(Public Meeting) ,

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Docket No. E[

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A Location: Washington, D. C.

Date: Wednesday, June 25, 1986 Pages: 1 - 13 ANN RILEY & ASSOCIATES Court Reporters 8607070064 860625 1625 I St., N.W. ~,

PDR 10CFR }j Suite 921 PT9.7 PDR Washington, D.C. 20006 (202) 293-3950

1 D I SCLA I MER i

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4 5

6 This is an unofficial transcript of a meeting of the 7 United States Nuclear Regu l atory Corni ss ion held on 8 6/25/86 .

In the Commission's office at 1717 H Street, 9 N.W.. Washington, D.C. The meeting was open to pubIic

. 10 attendance and observation. This transcript has not been 11 reviewed, corrected, or edited, and it may contain 12 inaccuracies.

15 The transcript is intended solely for general 14 informational purposes. As provided by 10 CFR 9.103, it is 15 not part of the formal or informal record of decision of the i 16 matters discussed. Expressions of opinion in this transcript 17 do not necessarily reflect final determination or beliefs. No 18 pleading or other paper may be filed with the.Ccemission in 19 any proceeding as the result of or addressed to any statement 20 or argument contained herein, except as t he Ccom i s s i on may i

21 authorize.

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' 1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 -__

4 AFFIRMATION 5 ---

6 PUBLIC MEETING 7 ---

8 Nuclear Regulatory Commission 9 Room 1130 10 1717 "H" Street, N.W.

11 Washington, D. C.

12 13 Wednesday, June 25, 1986 14 15 The Commission met in open session, poursuant to 16 notice, at 4:07 o' clock p.m., NUNZIO J. PALLADINO, Chairman of 17 the Commission, presiding.

18 COMMISSIONERS PRESENT:

19 NUNZIO J. PALLADINO, Chairman of the Commission 20 THOMAS M. ROBERTS, Member of the Commission 21 JAMES K. ASSELSTINE, Member of the Commission 22 FREDERICK M. BERNTHAL, Member of the Commission.

23 STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:

24 S. CHILK 25 M. MALSCH

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1 PROCEEDINGS

  • 2 CHAIRMAN PALLADINO: Good afternoon ladies and 3 gentlemen. This is an affirmation, possible discussion 4 session. We have one item listed on the agenda. I am going 5 to ask the Secretary to lead us through that item.

6 MR. CHILK: Before we vote on that, Mr. Chairman, 7 would the Commission vote to hold this item on less than one 8 week's notice, please.

9 CHAIRMAN PALLADINO: Aye.

10 COMMISSIONER ZECH: Yes.

11 COMMISSIONER BERMTHAL: Aye.

12 COMMISSIONER ROBERTS: Aye.

13 COMMISSIONER ASSELSTINE: Aye.

14 MR. CHILK: The item is SECY 86-153, entitled:

15 Fitness for Duty of Nuclear Power Plant Personnel.

16 The commission here is being asked to approve a 17 policy statement on fitness for duty of nuclear power plant 18 personnel.

19 Chairman Palladino, Commissioners Roberts and Zech 20 have approved the publication of the attached policy statement 21 that was attached to the Secretary's Memorandum of June 25th.

22 The Federal Register notice will note that the policy is 23 effective upon publication. That interested members of the 24 public are invited to provide comments, and that the Staff 25 will be asked to provide an analysis of the comments and '

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, 3 1 recommendations to the Commission.

2 The policy is also subject to the continued success 3 of industry initiatives in implementing fitness for duty 4 programs, and the NRC's ability to monitor the effectiveness 5 of those goals.

6 The Commission will refrain from new rulemaking on 7 fitness for duty for a minimum of eighteen months from the 8 effective date of this policy statement, and will exercise 9 this deference as long as the industry programs produce the 10 desired results.

11 Commissioner Bernthal has disapproved the policy 12 statement as written. The SRM that we publish will contain 13 your views.

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14 COMMISSIONER BERNTHAL: Sam, I think you haven't, 15 apparently, gotten the memorandum.

16 MR. CHILK: Yes, I have.

17 COMMISSIONER BERNTHAL: I approved in part.

18 MR. CHILK: I am sorry. I stand corrected. You 19 have approved in part, and you disapproved in part. You have 20 requested your views be included in the SRM.

21 COMMISSIONER BERNTHAL: That is right.

22 MR. CHILK: Commissioner Asselstine has disapproved, 23 and will provide additional comments. Will you please affirm 24 your vctes.

25 COMMISSIONER BERNTHAL: Let me make a comment before

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1 I do that.

2 I would just say that I would disapprove the 3 statement, but I misunderstood the Chairman's vote, and in the 4 interest of collegiality and the fact that I lost my leverage, 5 to be quito candid about it, I am primarily interested in 6 seeing that this policy statement get out. It is vitally 7 important that it not be delayed.

8 I am, frankly, disappointed that it is a weakened 9 statement compared to what you earlier disapproved, Joe, I 10 have to say, way back in January.

11 This is a still weaker statement. Were it not for .

12 the commitment that I made to our licensees and to the 13 industry, that we would give them the opportunity to put forth 14 their best effort and do expeditiously what could be extremely 15 slow and, as always, an agonizing process for us to do by 16 rulemaking I, frankly, would be inclined at this point, 17 otherwise, to propose a rule.

18 But I am going to stick by that commitment that I 19 have made, and we are going to let this thing go through the 20 process here and see how they do over the next year, or 21 eighteen months of last Winter. It now down to a year.

22 But let me just make clear for the record here what 23 I think the problems are and what we have done. Specifically, 24 and by the way, I would offer this one editorial change for 25 approval here immediat sly by the Commission. '

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5 1 For some reason, my suggestion that the concept of

, 2 illegal alcohol be taken out here didn't make it through the 3 filtering process. On page 6. Instead of saying -- I am not 4 sure this is page 6 anymore, Sam. The bullet that says: It 5 is Commission policy that the sale, use, or possession of 6 illegal drugs or alcohol.

7 I am not sure what, ' illegal alcohol' is. It should -

8 say, as I suggested earlier, 'or possession of alcoholic 9 beverages, or illegal drugs,' I think, to make the language 10 clear there.

11 And if the Commission would approve that, I believe 12 I that is a correct concept. '

4 13 CHAIRMAN PALLADINO: Will you repeat it again so 14 that we get it down?

15 COMMISSIONER BERNTHAL: It should say: Or 16 possession of alcoholic beverages or illegal drugs.

17 The way it reads now it implies illegal alcohol, and 18 I am not sure what that is. There may be such a thing.

19 COMMISSIONER ZECH: Yeah. I have no problem with 20 that.

21 COMMISSIONER BERNTHAL: I think that is an editorial i

22 change.

23 CHAIRMAN PALLADINO: There is a Commission policy 24 that the sale, use, or possession of alcoholic beverages are 25 illegal drugs -- '

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, 6 1 COMMISSIONER BERNTHAL: That is right.

2 CHAIRMAN PALLADINO: Within protected areas of the 3 plant.

4 COMMISSIONER BERNTHAL: Right, right.

5 CHAIRMAN PALLADINO: I could live with that.

6 COMMISSIONER BERNTHAL: It is just editorial. It 7 clarifies things.

8 CHAIRMAN PALLADINO: You would accept the amendment; 9 you would accept the amendment; I accept the_ amendment; you 10 accept the amendment.

11 COMMISSIONER ASSELSTINE: Since I am voting against 12 the policy statement, it doesn't matter to me. I think it is 13 a good clarification.

14 COXMISSIONER BERNTHAL: Now, on the substance, let 15 me just say what I think we have done that we shouldn't have 16 done here.

17 I strongly favor getting this thing out. I think it 18 is essential and it is a case much like the case of safety 19 goal. I think we have the ninety percent.

20 Let me talk for a minute about the ten percent that i

21 I think we gave up. Right below that bullet that we just 22 changed, there is a bullet that begins as: Commission policy, 23 again.

4 24 A succinct summary of what we expect, and we have 25 added the phrase at the end there: In any way related to

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7 1 safety.

2 And all I have to do is ask the question: What if

! 3 it is not related to safety? Does that imply that we arn I 4 going to tolerate such activities anywhere within the 5 protected area at one of our nuclear power sites -- powerplant 6 sites whether or not it happens to be related to safety.

7 I would say, no.

8 CHAIRMAN PALLADINO: Read the one you just amended:

i 9 It is Commission policy that the sale, use, or possession of 10 alcoholic beverages or illegal drugs within protected areas at 11 nuclear powerplant sites is unacceptable, and protected nrea 12 is the area inside the fence.

13 COMMISSIONER BERNTHAL: Ah, but the next bullet we 14 talk about under the influence. I don't think anybody on a 15 powerplant site ought to be under the influence.

d 16 CHAIRMAN PALLADINO: Well, but -- the sale, use, or 17 possession. You don't even have to be under the influence.

18 COMMISSIONER ASSELSTINE: But that is the second 19 bullet that is under the influence.

1 20 COMMISSIONER BERNTHAL: Second bullet is influence. j 21 CHAIRMAN PALLADINO: Persons within protected areas 22 of nuclear powerplant sites shall not be under the influence 23 of any substance, legal or illegal, which directly affects 24 their ability to perform their duties in any way related to 25 safety. '

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1 COMMISSIONER BERNTHAL: And we are, after all, here 2 talking about controlled substances, and I don't know -- well, 3 suffice it to say I don't see the reason or the logic for that 4 to be limited only to a vague definition that it is somehow 5 related to safety, and otherwise it is all right, that we 6 don't apply it as policy statement otherwise.

7 The third problem I have got is -- well, let's not l

8 worry about the nits here. I would go on to the next page, I 9 guess it would be.

10 Under the third bullet, where we list one, two, 11 three; similarly, in point three there, where we say:

12 Effective. monitoring and testing procedures to provide l 13 reasonable assurance that all nuclear -- sorry -- that nuclear 14 powerplant personnel are fit for duty, we have struck the 15 requirement that -- let me see, here.

16 Sam, why don't you read that? I have it marked up 17 so much here.

18 MR. CHILK: Effective monitoring and testing 19 procedures to provide reasonable assurance that nuclear 20 powerplant personnel with access to vital areas are fit for 21 duty.

22 COMMISSIONER BERNTHAL: Right. Okay. Now, my 23 difficulty with that is, ' vital areas.' The phrase, 'with 24 access to vital areas,' has been added. Otherwise, I frankly 25 think this is an improvement on the original wording, but the ~

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9 1 key is that instead of saying: All nuclear powerplant 2 personnel are fit for duty; we are now saying: Nuclear

3 powerplant personnel with access to vital areas.

4 Well, you know it is the bad apple syndrome, and if 5 you are going to tolerate people with access to a powerplant 6 site, you are not going to monitor it. You are not going to 7 demand, as a matter of policy, monitoring and testing 8 procedures, does that mean that it is okay for clerical staff 9 and maybe even teachers and other support staff on the site 10 not to meet these requirements?

11 Again, I have to say that I can't buy that. I think 12 -- we want these sites to be free of alcoh'ol and drugs, and 13 that is the objective, it seems to me.

14 COMMISSIONER ZECH: I just point out at the top of 15 the paragraph, ahead of those subparagraphs, though, it says:

16 An acceptable fitness for duty program should at a minimum l 17 include the following essential elements; and we are certainly 18 going to have to monitor this program and see how it is 19 carried out.

, 20 I agree with you that it should be a good, tough, 21 program. That is what I had in mind all along, and I think we 22 are going to have to wait and see how they interpret those 23 things, but I think it is a good, solid program and I think we 24 have to just watch the implementation very carefully. I 25 . intend to do so myself.

10 1 COMMISSIONER BERNTHAL: .W ell, I am sure we agree on 2 the thrust here, Lando. I simply don't like the way it seems 1 3 to have been weakened. I hope that doesn't leave any 4 implication that we are not going to have as a clear objective 5 here that the entire site should be free of this kind of 6 activity, that people might be operating under any kind of 7 influence of alcohol or drugs.

l 8 That is probably enough said. The last thing I 9 would say is that I think, Tom, you had a comment on your vote i

10 sheet that I agree with. I think it was to the effect that 11 you expect the staff to be kept briefed by the industry, and I 12 forgot to mention that on my vote sheet. I entirely agree 13 with your point there, and the Commission may choose to be 14 briefed as well on a periodic basis, but I essentially agree 15 with the thrust of your comment there.

16 That is all I have got to say, which is probably 17 enough.

18 MR. CHILK: If could then just repeat the votes.

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19 Chairman Palladino, Commissioners Roberts and Zech approving i 20 publication; Commissioner Bernthal approving in part, 21 disapproving in part; Commissioner Asselstine disapproving, 4

22 and providing additional comments. -

23 Would you please affirm your votes?

l 24 CHAIRMAN PALLADINO: Aye.

. 25 COMMISSIONER ZECH: Aye.

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11 1 COMMISSIONER ROBERTS: Aye.

2 COMMISSIONER BERNTHAL: Aye.

3 COMMISSIONER ASSELSTINE: Aya.

4 CHAIRMAN PALLADINO: Anything more to come before --

5 COMMISSIONER ZECH: Yes, I have something, 6 Mr. Chairman.

7 Mr. Chairman, as I understand it, this will be your 8 last official meeting.

9 CHAIRMAN PALLADINO: Well, not if I get my way at 10 agenda planning.

11 COMMISSIONER ZECH: Let's just assume you will not 12 get your way. If this is the last meeting -- if it is not, 4

13 why, so be it.

i 14 But I had assumed this would be your last meeting, 15 and if it were, I would like to take this opportunity to I am 16 sure on behalf of all my fellow Commissioners and many fine 17 people in our Agency, on the Commission and the Staff, and in l 18 the Regions all over the country, take this opportunity to 19 thank you for your contribution to our Agency and to our 20 country.

21 I think you have been a dedicated public servant.

22 You have performed in a very difficult time for our Agency and 23 for our country. I think you have provided the leadership and 24 the inspiration for many of us in the way you have gone about 25 trying to serve your country, and I would just like to, on

. 12 1 behalf of all of us, and I am sure so many of your fellow 2 citizens, thank you for a job well done for our country, and I 3 have a little present to give you, Mr. Chairman, that I would 4 like you to take with you as a reminder of your tour here at 5 the NRC.

6 CHAIRMAN PALLADINO: Ah, thank you. I wondered 7 where the round one went. Thank you.

8 (Applause.)

9 CHAIRMAN PALLADINO: Let me respond briefly. I very 10 much appreciate your comments. I have enjoyed working with 11 all of you. This has been a very stimulating job, often 12 arduous, sometimes frustrating, always challenging, but I must 13 say it has been gratifying as I look back on the events of the 14 past five years, and I also want to pay a special word of 15 thanks to the Staff for their. effective and dedicated service 16 during the past five years, and long before I ever got here.

17 And I think with the current leadership, the 18 Commission will continue to fulfill it's mission as set forth 19 under the Atomic Energy Act.

20 And I extent to all of you my best wishes.

21 Thank you.

22 (Applause.)

23 CHAIRMAN PALLADINO: May I close the meeting with a 24 different gavel than the one I had. Anything more to come 25 before us? Thank you. .This hearing is adjourned. ~

o 13 1 (Whereupon, at 4:32 p.m., the Affirmation was 2 concluded.)

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1 2 REPORTER'S CERTIFICATE 3

4 , This is to certify that the attached events of a 5 meeting of the U.S. Nuclear Regulatory Commission entitled:

6 7 TITLE OF MEETING: Affirmation (Public Meeting) 8 PLACE OF MEETING: Washington, D.C.

9 DATE OF MEETING: Wednesday, June 25, 1986 10 11 were held as herein appears, and that this is the original 12 transcript thereof for the file of the Commission taken 13 stenographically by me, thereafter reduced to typewriting by 14 me or under the direction of the court reporting company, and 15 that the transcript is a true and accurate record of the 16 foregoing events.

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. I G ett J. Walsh, Jr 19 20 21 22 Ann Riley & Associates, Ltd.

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4/18/86 NUCLEAR REGULATORY COMMISSION COMMISSION POLICY STATEMENT ON FITNESS FOR DUTY OF NUCLEAR POWER PLANT PERSONNEL AGENCY: Nuclear Regulatory Commission i 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 f'itness 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 i 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 in the Edison Electric Institute (EEI) "EEI Guide to Effective Drug and Alcohol / Fitness for Duty Policy Development." It 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

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I 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.

f EFFECTIVE DATE: (Upon publication in the Federal Register)

FOR FURTHER INFORMATION CONTACT: Loren Bush, Operating Reactor 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 l

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duties safely, is not allowed access to a vital area at a nuclear power plant.  !

l The nuclear power industry, with assistance from programs developed and coordinated by EEI and the Institute of Nuclear Power operations (INPO), has made and is continuing to make substantial progress in this area.

I A Task Force on Drug Abuse Problems, Policies, and Programs established in 1982 by EEI's Industrial Relations Division 1

] Executive Advisory Committee, published guidelines in 1983 to help the industry address the issue of how to establish

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comprehensive fitness for duty programs. They were subsequently revised in 1985 as the "EEI Guide to Effective Drug and Alcohol /

Fitness for Duty Policy Development" and were provided to all nuclear utilities.

A series of EEI sponsored regional conferences in the-fitness

for duty area in 1982 and 1983 provided a forum for discussion ,

of industry concerns related to development and implementation of fitness for duty programs. Topics addressed at the conferences included union participation, legal aspects, training, and methods for handling controlled substances. An industrywide conference sponsored by EEI in October 1985 provided the basis for additional discussions on fitness for duty based on the curren: EEI guidelines which had been expanded to 4

l include information on chemical testing. As a result of O

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, increased awareness in this area, the nuclear industry has worked tc' develop and implement improved fitness for duty programa. These programs concentrate on the training of managers, supervisors, and others in methods for identifying and dealing with personnel potentially unfit for duty. .

s on August 5, 1982, the Commission published in the Federal Register a proposed rule on fitness for. duty (47 FR 33980).

The proposed rule would have required licensees to establish and implement written procedures for ensuring that personnel

in a nuclear power plant are fit for duty. Due to the initiatives taken by the nuclear industry, the commission has decided to defer implementation of the rule subject to successful implementation of fitness for duty programs by the industry l as described in this Policy Statement. NRC is publishing a separate notice in the Federal Register analyzing the comments on the proposed rule, and explaining its intent to reassess the possible need for rulemaking after an 18-month period, if circumstances warrant. The following statement sets forth the Commission's policy on fitness for duty and describes how it will execute its responsibilities in this area to ensure the health and safety of the public.

1 POLICY STATEMENT

, The Commission recognizes that the industry, through the

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initiatives of the Nuclear Utility Management and Resources i

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Committee (NUMARC), EEI, and INPO, has made progress in developing and implementing nuclear utility employee fitness for duty programs. The Commission stresses the importance of industry's i

initiative and wishes to encourage further such self-improvement.

Subject to the continued success of industry's programs and 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. The Commission's decision to defer implementation of rulemaking in this area is in recognition of industry efforts to date and the intent of the industry to utilize the EEI Guidelines in developing fitness for duty programs. The Commission will exercise this deference as long as the industry programs produce the desired results.

However, the Commission continues to be responsible for evaluating licensees' efforts in the fitness for duty area to verify effectiveness of the industry programs. The Commission will reassess the possible need for further NRC action based on the success of those programs during the 18-month pericd.

At the Commission's request, the industry agreed to undertake a review of the program elements and acceptance criteria for a fitness for duty program. EEI modified and issued 7 the revised "EEI Guide to Effective Drug and Alcohol / Fitness for Duty Policy Development." Further, INPO enhanced its performance objectives and criteria for its periodic

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evaluations to include appropriate criteria for fitness for duty. Copies of the documents describing the program elements and criteria for fitness for duty programs developed by the industry are provided to NRC for review and comment.

The NRC will evaluate the effectiveness of utility fitness for duty programs by its normal review of industry activities, through reviews of INPO program status and evaluation reports, periodic NRC observation of INPO~ evaluations, and direct inspections conducted by the NRC's Performance Appraisal Teams, Regional Office, and Resident Inspectors. NRC will also monitor the progress of individual licensee programs.

By way of further guidance to liuensees, Commission expectations of licensee programs for fitness for duty of nuclear power plant personnel may be summarized as follows:

o It is Commission policy that the sale, use, or possession of illegal drugs or alcohol within protected areas at nuclear plant sites is unacceptable.

o It is Commission policy that persons within protected areas at nuclear power plant sites shall not be under the influence of any substa. Tee, legal or illegal, which adversely affects their ability ,

, to perform their duties in any way related to safety.

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_7 o An acceptable fitness for duty program should at a minimum include the following essential elements:

1) A provision that the sale, use, or possession of illegal drugs within the protected area will result in immediate revocation of access to vital areas and discharge from nuclear power plant activities.

The use of alcohol or abuse of legal drugs within the protected area will result in immediate revocation of access to vital areas and possible discharge from nuclear power plant activities.

2) A provision that any other sale, possession, or use of illegal drugs will result in immediate revocation of access to vital areas, mandatory rehabilitation prior to reinstatement of access, and possible discharge from nuclear power plant activiries.
3) Effective monitoring and testing procedures to provide reasorable assurcnce that nuclear power plant personnel with access to vital areas are fit for duty.

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. -g-The industry, by periodic briefings or other appropriate methods, is expected to keep the Commission informed on program status. The NRC may also from time to time ask individual licensees to provide such information as the Commission may need to assess program adequacy.

ENFORCEMENT Violations of any applicable reporting requirement or instances of a person being unfit for duty such that plant safety is potentially affected will be subject to the enforcement process.

Any NRC staff enforcement action pertaining to fitness for duty during this grace period will be undertaken only with-Commission concurrence.

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.

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, Nothing in this Policy Statement shall limit the authority i

of the NRC to conduct inspections as deemed necessary to take appropriate enforcement action when regulatory requirements are not met.

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