Protecting People and the EnvironmentUNITED STATES NUCLEAR REGULATORY COMMISSION
October 3, 1991
TO: ALL HOLDERS OF OPERATING LICENSES OR CONSTRUCTION PERMITS FOR
NUCLEAR POWER AND NON-POWER REACTORS AND ALL LICENSED OPERATORS
AND SENIOR OPERATORS
SUBJECT: LICENSED OPERATORS' AND OTHER NUCLEAR FACILITY PERSONNEL
FITNESS FOR DUTY (GENERIC LETTER 91-16)
The U. S. Nuclear Regulatory Commission (NRC) is issuing this generic
letter to describe Federal legislation that may affect addressees
regarding fitness-for-duty issues and to describe briefly the recent rule
change to Part 2, Appendix C, "General Statement of Policy and Procedure
for NRC Enforcement Actions," and Part 55, "Operators' Licenses," of Title
10 of the Code of Federal Regulations (10 CFR Part 55). Enclosure 1 is a
copy of the Federal Register notice of this rule change.
On November 18, 1988, the U. S. Congress, in the Anti-Drug Abuse Act of
1988 (Public Law 100-690), established a national policy of a drug-free
America by 1995. Section 5301 of the Anti-Drug Abuse Act provides that
persons convicted of possession or distribution of controlled substances
may be declared by a sentencing court to be ineligible for Federal
benefits. A "Federal benefit" is defined in the Anti-Drug Abuse Act to
include any professional or commercial license provided by an agency of
the United States or with appropriated funds of the United States. Thus,
all individuals who conduct licensed activities authorized by an NRC
license and all licensed operators and senior operators should know that,
in accordance with the Anti-Drug Abuse Act, a conviction for possession or
distribution of a controlled substance may result in the loss of
eligibility for an NRC license, denial or revocation of an NRC license, or
removal from NRC-licensed activities.
On June 7, 1989 (54 FR 24468), the NRC issued a new 10 CFR Part 26,
"Fitness-for-Duty Programs," to require each licensee authorized to
construct or operate a nuclear power reactor to implement a
fitness-for-duty program. A fitness-for-duty program, developed under the
requirements of this rule, should create a work environment that is free
of drugs, alcohol, and the effects of the use of these substances.
On July 15, 1991 (56 FR 32066), the NRC amended 10 CFR Parts 2 and 55,
effective August 14, 1991, to specify that the conditions and cutoff
levels established in accordance with 10 CFR Part 26 apply directly to
licensed operators and senior operators at nuclear power plants and
non-power reactor facilities as conditions of their licenses. These
amendments did not impose the provisions of 10 CFR Part 26 upon non-power
facility licensees. However, this rule change made it clear that all
licensed operators and senior operators will be subject to notices of
violation, civil penalties, or orders for violation of their facility
licensees' fitness-for-duty requirements.
9109300068
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Generic Letter 91-16 - 2 - October 3, 1991
Drug and alcohol abuse is a social, medical, and safety problem affecting
every segment of our society. The NRC recognizes that such abuse may also
exist among licensed operators, senior operators, and others who work at
nuclear reactors. The Commission believes all facility licensees should
manage licensed activities so as to provide reasonable assurance that
nuclear reactor personnel will perform their tasks in a reliable and
trustworthy manner, and not be under the influence of alcohol or any
prescription, over-the-counter, or illegal substance that in any way
affects their ability to safely and competently perform their duties.
Individuals should also know that, even if a conviction for possession or
distribution of a controlled substance does not result in a declaration of
ineligibility for Federal benefits by the sentencing court, the NRC may,
in accordance with its independent responsibility to protect the public
health and safety and the common defense and security, act on its own to
deny, revoke, suspend, or modify a license or remove an individual from
licensed activities, upon such conviction. NRC sanctions for licensed
operators in response to positive drug tests are described in 10 CFR Parts
2 and 55.
This generic letter requires no specific action or written response. If
you have any questions about the information in this letter, please call
one of the technical or legal contacts listed below or the appropriate
regional office.
Sincerely,
James G. Partlow, Associate Director
for Projects
Office of Nuclear Reactor Regulation
Enclosures:
1. Federal Register notice 10 CFR Parts 2 and 55 (copy)
2. List of Recently Issued Generic Letters
Technical Contacts: N. K. Hunemuller, NRR (10 CFR Part 55)
(301) 492-3173
L. L.Bush, Jr., NRR (10 CFR Part 26)
(301) 492-0944
Legal Contact: R. L. Fonner, OGC
(301) 492-1643
