United States Nuclear Regulatory Commission - Protecting People and the Environment

Information Notice No. 84-03: Compliance with Conditions of License and Notification of Disability by Licensed Operators

                                                          SSINS No.: 6835  
                                                          IN 84-03         

                               UNITED STATES 
                       NUCLEAR REGULATORY COMMISSION 
                    OFFICE OF INSPECTION AND ENFORCEMENT 
                           WASHINGTON, D.C. 20555 
                                     
                              January 18, 1984 

Information Notice No. 84-03:   COMPLIANCE WITH CONDITIONS OF LICENSE AND
                                   NOTIFICATION OF DISABILITY BY LICENSED 
                                   OPERATORS 

Addressees: 

1.   All persons licensed pursuant to 10 CFR 55, hereinafter called 
     "licensed operators." 

2.   All licensees pursuant to 10 CFR 50, hereinafter called "facility 
     licensees." 

Purpose: 

This information notice concerns the failure of licensed operators to comply
with disability reporting requirements and additional medical examination 
and reporting requirements imposed as a condition of their license. It is 
expected that addressees will review the information provided for 
applicability to themselves or their facilities, as appropriate. 

Description of Circumstances: 

A review of incoming forms, "Certificate of Medical History" (NRC Form 396),
and existing licenses containing medical reporting requirements has produced
a number of apparent noncompliances with various sections of 10 CFR 55. In 
some instances, the requirement to produce followup reports on blood 
pressure and pulse rate was ignored. In other instances, the requirement to 
notify the NRC within 15 days of a disability was ignored. Hypertension and 
other physical and mental conditions specified in 10 CFR 55.11(a)(1) are 
reportable disabilities under 10 CFR 55.41. 

Responsibilities and penalties described in 10 CFR 55 fall on the licensed 
operator, not the facility licensee. However, facility licensees are 
obligated by Section 50.54(i) to "not permit the manipulation of the 
controls of any facility by anyone who is not a licensed operator or senior 
operator as provided by Part 55 of (10 CFR)." Requirements not imposed on 
the facility licensee (10 CFR 55) can, therefore, directly affect the 
licensee's ability to operate his facility in accordance with 10 CFR 50. 




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                                                         IN 84-03          
                                                         January 18, 1984  
                                                         Page 2 of 2       

Operators are advised to review their licenses an,d 10 CFR 55 periodically 
to better understand their obligations under law, particularly noting 
Section 55.50, which describes the enforcement options available to the NRC 
in case of noncompliance. Other useful references include Regulatory Guide 
1.134, "Medical Evaluation of Nuclear Power Plant Personnel Requiring 
Operator License" (1979), which is being revised, ANSI N546-1976, and ANS 
3.4-1983. 

No written response to this notice is required. If you have any questions 
regarding this matter, please contact the Regional Administrator of the 
appropriate NRC Regional Office, or this office. 


                                   Edward L. Jordan, Director 
                                   Division of Emergency Preparedness 
                                     and Engineering Response 
                                   Office of Inspection and Enforcement 

Technical Contacts: M. S. Wegner, IE 
                    301-492-4511 

                    W. L. Fisher, IE 
                    301-492-8073 

Attachment:    List of Recently Issued IE Information Notices 
Page Last Reviewed/Updated Tuesday, November 12, 2013