NRC Relaxes Fitness-for-Duty Measures at Plants

June 8, 2009

FROM: UNITED STATES NUCLEAR REGULATORY COMMISSION

RE: Holders of Licenses for Operating

SUBJECT: RELAXATION OF ORDER FOR COMPENSATORY MEASURES RELATED TO

FITNESS-FOR-DUTY ENHANCEMENTS APPLICABLE TO NUCLEAR

On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC) issued Order EA-03-038

modifying the license for your facility to require compliance with specified compensatory

measures related to fitness-for-duty (FFD) enhancements applicable to nuclear facility security

personnel. Order EA-03-038 states that "all measures implemented or actions taken in

response to this Order shall be maintained until the Commission determines otherwise."

On March 31, 2008, the NRC amended Title 10 of the Code of Federal Regulations (10 CFR)

Part 26, "Fitness for Duty Programs," through a final rule published in the Federal Register on

March 31, 2008 (73 FR 17176) to strengthen the effectiveness of licensee FFD programs and to

establish clear and enforceable requirements for the management of worker fatigue (including

security personnel). The rule became effective on April 30, 2008. However, licensees and

other applicable entities could defer implementation of Part 26, Subpart I, "Managing Fatigue,"

requirements to a date no later than October 1, 2009. The staff notes that some licensees have

indicated a desire to implement the Subpart I provisions prior to October 1, 2009.

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