NRC ORDER – ORDER

On November 23, 2009, an immediately effective Confirmatory Order was issued to Nuclear Fuel Services, Inc. (NFS) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on September 15, 2009. This enforcement action is based on seven apparent violations, some apparently committed deliberately, of NRC fitness for duty (FFD) requirements related to a March 2006 incident involving a senior executive at NFS who consumed alcohol less than five hours before a scheduled working tour. NFS agreed to take actions to strengthen the FFD program, including: (1) establishment of an oversight board for behavioral observation program (BOP), FFD, and other issues; (2) enhancements to the employee concerns program; (3) changes to the FFD training program to include a discussion of case studies, including this incident, and issue reporting; (4) improvements to procedures and processes associated with FFD and BOP; (5) improved procedural guidance for, and assessment of, the medical review officer; and (6) changes to the process for responding to NRC requests for information to ensure completeness and accuracy of information. In consideration of these commitments, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for these apparent violations.