As a result of public meetings with stakeholders regarding the NRC’s proposed rule changes to 10 CFR Part 26, the NRC learned of licensee practices in two fitness-for-duty (FFD) areas, suitable inquiry and pre-access testing, that did not meet the current Part 26 requirements. The NRC has issued the revisions to its General Statement of Policy and Procedure for NRC Enforcement Actions as a result of changing industry conditions and the need to ensure adequate protection of public health and safety and nuclear security. The NRC feels that the revised enforcement discretion policy has several advantages over the enforcement discretion policy proposed in SECY-01-0134. Specifically, the policy:
(1) Provides greater assurance that individuals granted unescorted access to nuclear power plants are trustworthy and reliable;
(2) Provides greater alignment between the interim enforcement discretion policy and the future FFD rule;
(3) Achieves greater consistency between FFD and access authorization guidance;
(4) Allows licensees to take credit for the suitable inquiries conducted by previous licensees;
(5) Reduces the ambiguity in the current rule regarding the NRC's expectations for managing transfers of personnel between sites;
(6) Minimizes the unnecessary burden of redundant regulatory requirements; and
(7) Takes a graded approach to updating and reinstating authorization for individuals whose authorization has been interrupted for up to 60 days.

The significant changes within the policy are as follows.

(1) Licensees may rely upon the information gathered by previous licensees regarding an individual applicant's past five years of employment to meet the suitable inquiry requirement. Because licensees now share information from the suitable inquiries they have conducted, as well as information about an individual's compliance with the licensee's FFD policy during the period authorization is held at each site, the NRC believes that relying upon the information gathered by previous licensees provides adequate safety.

(2) If an individual's authorization has been interrupted for 30 calendar days or less and the individual's last authorization was terminated favorably (i.e., the individual did not violate the licensee's FFD policy), before granting authorization for unescorted access to the protected area of a nuclear power plant or assigning the individual to perform activities within the scope of part 26, the licensee shall:
(a) Obtain and verify that a self-disclosure (i.e., a report of any drug-or alcohol-related arrests) for the period since the last authorization contains no potentially disqualifying FFD information, unless the individual was subject to a licensee-approved behavioral observation and arrest-reporting program throughout the period of interruption; and
(b) Ensure that the individual has met FFD refresher training requirements.

(3) If an individual's authorization has been interrupted for 31 days to 60 days and the individual's last authorization was terminated favorably, in order to grant authorization for unescorted access to the protected area of a nuclear power plant or assigning the individual to perform activities within the scope of part 26, the licensee shall:
(a) Obtain and verify that a self-disclosure for the period since the last authorization contains no potentially disqualifying FFD information, unless the individual was subject to a licensee-approved behavioral observation and arrest-reporting program throughout the period of interruption;
(b) Within 5 working days of granting authorization, complete a suitable inquiry for the period since last authorization was terminated by contacting every interim employer, unless the individual was subject to a licensee-approved behavioral observation and arrest-reporting program throughout the period of interruption;
(c) Verify that results of an alcohol test are negative and collect a specimen for drug testing, unless either a drug and alcohol test meeting the standards of part 26 was performed within the past 60 days and results were negative, or the individual was subject to a licensee-approved part 26 FFD program that included random drug and alcohol testing throughout the period of interruption; and
(d) Ensure that the individual has met FFD refresher training requirements.
Download the complete revision along with NRC’s basis for the revision in PDF or text.