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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARJPN-99-029, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors1999-09-20020 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors ML20212E4181999-09-15015 September 1999 Petition Per 10CFR2.206 Requesting OL for Unit 2 Be Modified or Suspended to Prevent Restart Until Reasonable Assurance That Licensee in Substantial Compliance with Terms of OL & Has Proper Consideration for Public Health & Safety JPN-99-022, Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds1999-06-22022 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds ML20202J6321999-01-20020 January 1999 Transcript of 990120 Meeting in Peekskill,Ny Re Decommissioning.Pp 1-132.With Related Documentation ML20198L2731998-12-21021 December 1998 Comment Supporting NEI Re Proposed Rules 10CFR50, 52 & 72 Re Changes,Tests & Experiments ML20198E9721998-12-21021 December 1998 Order Prohibiting Involvement in NRC-Licensed Activities. Orders That Wh Clark Prohibited for 1 Yr from Engaging in NRC-Licensed Activities JPN-98-052, Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects1998-12-21021 December 1998 Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects JPN-98-050, Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal1998-12-14014 December 1998 Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal ML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs JPN-98-021, Comment Opposing Proposed Rule 10CFR50 Re Codes & Stds1998-05-26026 May 1998 Comment Opposing Proposed Rule 10CFR50 Re Codes & Stds IA-98-261, Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-461998-05-20020 May 1998 Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-46 ML20238F5271998-05-20020 May 1998 Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-46 ML20238F5241998-05-0606 May 1998 Transcript of 980506 Enforcement Conference Held in King of Prussia,Pa Re Con Edison,Indian Point.Pp 1-75 JPN-97-037, Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated1997-12-0101 December 1997 Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated ML20148M6471997-06-19019 June 1997 Comment Opposing Porposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems ML20133N0511997-01-0505 January 1997 Comment Opposing Proposed Rule 10CFR50, Draft Policy Statement on Resturcturing & Economic Deregulation of Electric Util Industry ML20149M4621996-12-0909 December 1996 Comment Opposing Proposed Rule 10CFR50 Re Draft Policy Statement on Restructuring & Economic Deregulation of Electric Utility Industry ML20077G3481994-12-0808 December 1994 Comment on Proposed Rule 10CFR2,51 & 54 Re Nuclear Power License Renewal ML20070P0561994-04-19019 April 1994 Comment Supporting Proposed Rule 10CFR50 Re NRC Draft Policy Statement on Use of Decommissioning Trust Funds Before Decommissioning Plan Approval ML20029C5771994-03-11011 March 1994 Comment on Proposed Rule 10CFR20 Re Draft Rule on Decommissioning.Informs That 15 Mrem/Yr Unreasonably Low Fraction of Icrp,Ncrp & Regulatory Public Dose Limit of 100 Mrem/Yr ML20059C3031993-12-28028 December 1993 Comment Supporting Petition for Rulemaking PRM-21-2 Re Definition of Commercial Grade Item ML20045H8751993-07-19019 July 1993 Comment on Proposed Rule 10CFR55 Re Exam Procedures for Operator Licensing.Supports Rule ML20045F2451993-06-28028 June 1993 Comment on Proposal Re Radiological Criteria for Decommissioning NRC-licensed Facilities.Opposes Proposed Criteria ML20044F5681993-05-20020 May 1993 Comment on Draft Commercial Grade Dedication Insp Procedure 38703,entitled Commercial Grade Procurement Insp. Endorses NUMARC Comments Dtd 930517 ML20128B0581993-01-29029 January 1993 Order Imposing Civil Monetary Penalties in Amount of $300,000.Violations Indicate Significant Breakdown in Mgt & Administrative Control of Licensed Activities at Plant JPN-02-034, Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl1992-07-0606 July 1992 Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl ML20079P9961991-11-0404 November 1991 Response of PASNY to Objections of DM Manning to Settlement Agreement.* Concludes That DM Manning Request That NRC Deny PASNY & NRC Joint Motion for Approval of Settlement Agreement Should Be Denied.W/Certificate of Svc ML20086B8931991-06-0606 June 1991 Affidavit of DM Manning,Senior Reactor Operator,Being Duly Sworn,Response to Order Suspending License & Order to Show Cause Why License Should Not Be Revoked ML20086B9351991-06-0606 June 1991 Affidavit of W Fernandez Re DM Manning Refusal to Provide Second Urine Sample on 901009 ML20086B9681991-06-0606 June 1991 Affidavit of RA Locy Re DM Manning Refusal to Provide Second Urine Sample on 901009 ML20086B9891991-06-0606 June 1991 Affidavit in Support of DM Manning Application to Have Certain Records Withheld from Public Disclosure,Per 10CFR2.790 JPN-91-021, Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants1991-05-13013 May 1991 Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants JPN-91-005, Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended1991-01-28028 January 1991 Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended ML20066G4411991-01-23023 January 1991 Comments on Proposed Rule 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Substantive Typo in 901015 Filing on Behalf of Licensee Noted ML20058G6341990-10-30030 October 1990 Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty Program JPN-90-068, Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS1990-10-22022 October 1990 Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS JPN-90-067, Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC1990-10-15015 October 1990 Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC ML20065H7541990-10-15015 October 1990 Comment Re Proposed Rules 10CFR2,50 & 54 on Nuclear Power Plant License Renewal.Commission Assessment of Four Alternatives Should Be Expanded to Include Not Only Safety Considerations But Other Atomic Energy Act Objectives JPN-90-052, Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR1990-07-0909 July 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR JPN-90-050, Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary1990-07-0202 July 1990 Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary ML20012C6491990-03-0909 March 1990 Comment on Proposed Rule 10CFR50, Fracture Toughness Requirements for Protection Against PTS Events. Any Utilization of NRC Proposed Application of Reg Guide 1.99, Rev 2,would Be Inappropriate W/O re-evaluation by NRC ML20011E4861990-02-0707 February 1990 Comment on Proposed Rule 10CFR71 Re Compatibility of Pu Air Transport Regulations W/Iaea Stds.Supports EEI-UWASTE/NUMARC Comments to Be Provided to NRC by 900209 ML20005F6521989-12-13013 December 1989 Comment on Proposed Draft Reg Guide DG-1001, Maint Programs for Nuclear Power Plants. Util Concurs w/industry-wide Position Presented by NUMARC & Offers Addl Comments ML20248D2831989-09-28028 September 1989 Notice of Appearance.* Advises That Author Will Enter Appearance in Proceeding on Behalf of Nrc.W/Certificate of Svc ML20247Q2661989-09-26026 September 1989 Establishment of Aslb.* Board Will Comprise of Mb Margulies, Chairman & Oh Paris & Fj Shon,Members.W/Certificate of Svc. Served on 890926 B13367, Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements1989-09-20020 September 1989 Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements ML20248C8751989-09-13013 September 1989 Response to Order Modifying Licenses & Order to Show Cause Why Licenses Should Not Be Revoked.* Requests Hearing on Issues,Including Funds for Equipment.Supporting Info Encl ML20246C7141989-08-18018 August 1989 Order to Show Cause Why CPs CPEP-1 & CPEP-2 Should Not Be Revoked & Requiring Licensee to Notify Commission at Least 30 Days Before Taking Possession of Any Classified Equipment ML20245G0721989-08-0303 August 1989 Comment on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. Recommends That NRC Recommendation on Trust Agreement Wording Be Deleted or NRC Should Grandfather Existing Trusts Such as for Plants ML20248B6201989-08-0202 August 1989 Comments on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. NRC Should Permit Use of Potential Tax Refund as Source of Decommissioning Funds 1999-09-20
[Table view] Category:PUBLIC COMMENTS ON PROPOSED RULES & PETITIONS FOR
MONTHYEARJPN-99-029, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors1999-09-20020 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors JPN-99-022, Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds1999-06-22022 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds ML20198L2731998-12-21021 December 1998 Comment Supporting NEI Re Proposed Rules 10CFR50, 52 & 72 Re Changes,Tests & Experiments JPN-98-052, Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects1998-12-21021 December 1998 Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects JPN-98-050, Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal1998-12-14014 December 1998 Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal JPN-98-021, Comment Opposing Proposed Rule 10CFR50 Re Codes & Stds1998-05-26026 May 1998 Comment Opposing Proposed Rule 10CFR50 Re Codes & Stds JPN-97-037, Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated1997-12-0101 December 1997 Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated ML20148M6471997-06-19019 June 1997 Comment Opposing Porposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems ML20133N0511997-01-0505 January 1997 Comment Opposing Proposed Rule 10CFR50, Draft Policy Statement on Resturcturing & Economic Deregulation of Electric Util Industry ML20149M4621996-12-0909 December 1996 Comment Opposing Proposed Rule 10CFR50 Re Draft Policy Statement on Restructuring & Economic Deregulation of Electric Utility Industry ML20077G3481994-12-0808 December 1994 Comment on Proposed Rule 10CFR2,51 & 54 Re Nuclear Power License Renewal ML20070P0561994-04-19019 April 1994 Comment Supporting Proposed Rule 10CFR50 Re NRC Draft Policy Statement on Use of Decommissioning Trust Funds Before Decommissioning Plan Approval ML20029C5771994-03-11011 March 1994 Comment on Proposed Rule 10CFR20 Re Draft Rule on Decommissioning.Informs That 15 Mrem/Yr Unreasonably Low Fraction of Icrp,Ncrp & Regulatory Public Dose Limit of 100 Mrem/Yr ML20059C3031993-12-28028 December 1993 Comment Supporting Petition for Rulemaking PRM-21-2 Re Definition of Commercial Grade Item ML20045H8751993-07-19019 July 1993 Comment on Proposed Rule 10CFR55 Re Exam Procedures for Operator Licensing.Supports Rule ML20045F2451993-06-28028 June 1993 Comment on Proposal Re Radiological Criteria for Decommissioning NRC-licensed Facilities.Opposes Proposed Criteria ML20044F5681993-05-20020 May 1993 Comment on Draft Commercial Grade Dedication Insp Procedure 38703,entitled Commercial Grade Procurement Insp. Endorses NUMARC Comments Dtd 930517 JPN-02-034, Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl1992-07-0606 July 1992 Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl JPN-91-021, Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants1991-05-13013 May 1991 Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants JPN-91-005, Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended1991-01-28028 January 1991 Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended ML20066G4411991-01-23023 January 1991 Comments on Proposed Rule 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Substantive Typo in 901015 Filing on Behalf of Licensee Noted ML20058G6341990-10-30030 October 1990 Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty Program JPN-90-068, Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS1990-10-22022 October 1990 Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS JPN-90-067, Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC1990-10-15015 October 1990 Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC ML20065H7541990-10-15015 October 1990 Comment Re Proposed Rules 10CFR2,50 & 54 on Nuclear Power Plant License Renewal.Commission Assessment of Four Alternatives Should Be Expanded to Include Not Only Safety Considerations But Other Atomic Energy Act Objectives JPN-90-052, Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR1990-07-0909 July 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR JPN-90-050, Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary1990-07-0202 July 1990 Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary ML20012C6491990-03-0909 March 1990 Comment on Proposed Rule 10CFR50, Fracture Toughness Requirements for Protection Against PTS Events. Any Utilization of NRC Proposed Application of Reg Guide 1.99, Rev 2,would Be Inappropriate W/O re-evaluation by NRC ML20011E4861990-02-0707 February 1990 Comment on Proposed Rule 10CFR71 Re Compatibility of Pu Air Transport Regulations W/Iaea Stds.Supports EEI-UWASTE/NUMARC Comments to Be Provided to NRC by 900209 ML20005F6521989-12-13013 December 1989 Comment on Proposed Draft Reg Guide DG-1001, Maint Programs for Nuclear Power Plants. Util Concurs w/industry-wide Position Presented by NUMARC & Offers Addl Comments B13367, Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements1989-09-20020 September 1989 Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements ML20245G0721989-08-0303 August 1989 Comment on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. Recommends That NRC Recommendation on Trust Agreement Wording Be Deleted or NRC Should Grandfather Existing Trusts Such as for Plants ML20248B6201989-08-0202 August 1989 Comments on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. NRC Should Permit Use of Potential Tax Refund as Source of Decommissioning Funds ELV-00674, Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement1989-07-0707 July 1989 Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement ML20246P6061989-07-0707 July 1989 Comment Opposing Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Significant & Independent Industry Efforts Already Underway to Address Issue ELV-00679, Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 8906261989-07-0505 July 1989 Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 890626 ML20246K4801989-07-0505 July 1989 Comment Opposing Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20246D8811989-06-30030 June 1989 Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20245K1941989-06-16016 June 1989 Comment on Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites ML20245D2481989-06-16016 June 1989 Comment on Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. NRC Must Consider Provision in Rule to Permit Indiscriminate Storage of Spent Fuel at Reactors ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20245J0191989-04-14014 April 1989 Comment Re Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20244B3241989-04-10010 April 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20247A2971989-04-0404 April 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246N9471989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9 Re Selection Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants B13113, Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel1989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel ML20236B4641989-03-0808 March 1989 Comments on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants. Reg Guide Does Not Provide Flexibility JPN-89-008, Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants B13136, Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague ML20235T3581989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Maint Programs for Nuclear Power Plants.Util Endorses Comments Filed by NUMARC & Nuclear Util Backfitting & Reform Group.Rule Fails to Provide Basis for Determining Effective Maint Program 1999-09-20
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November 18, 1982 -W23 P1:33 ""c
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JTN-88-063 Secretary of the Commission ATTN: Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555
SUBJECT:
Indian Point 3 Nuclear Power Plant Docket No. 50-286 James A. Fit zPat rick Nuclear Power Plant Docket No. 50-333 NRC Procosed Rule for a Fitness-for-Duty Procram
Dear Sir:
On Septenber 22, 1988, the NRC published in the Federal Register for comment a proposed rule for the inplementation of a fitness-for-duty program. The objective of this program is to provide reasonable assurance that nuclear power plant personnel are not under the influence of any substance, legal or illegal, which in any way adversely affects their ability to saf ely and compet ent ly perf orm t heir duties. The purpose of this letter is to endorse the comments submitted by the Nuclear Management and Resources Council (NUMARC) and the Edison Electric Institute (EEI), and to provide additional comrmnt s.
The Authority does not endorse comments of other industry groups whose conments are inconsistent with those submitted by NUMARC and EEI. Attachment I contains the Authority's comments for the NRC's consideration.
The Authority has constitutional concerns with regard to the proposed rule. While the Authority is in favor of the objectives of the proposed rule, there are constitutional issues related to the proposed random testing which should be f ully addressed prior to this rule being promulgated. The Aut hority endo 'ses NUMARC's connent that the NRC, under the Atomic Energy Act, has exclusive jurisdiction over the radiological safety aspects of commercial nuclear power plants, and, as such, its regulations in this area preempt inconsistent state or local laws or regulations, OBl U gas;ogoA23 pp tre ssenes>es c> .
e ;
l Should you or your stalf have any questions regarding this '
matter, please contact Messrs. P. Kokolakis or J. A. Gray, Jr.
of my staff. !
V i
{ \ ery t 7ruly yours, l
}
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\ g;L
/', John C.
fOu+
Brons f
,f hxecutive Vice President '
h
\;j uclear Generation Enclosures i
I cc: Resident Inspector's Office Indian Point Unit 3 [*
U.S. Nuclear negulatory Commission P.O. Box 337 f Buchanan, NY 10511
/
Joseph D. Neighbors, Sr. Proj. Mgr. .
Projet Directorate I-l j Division of Reactor Projects - I/II -
U.S. Nuclear Regulatory Commission 4 Mail Stop 1432 i Washington, D.C. 20555 l l
Resident Inspectors Office U.S. Nuclear Regulatory Commission 475 Allendole Road King of Prussia, PA 19406 Office of the Resident !nspector [
U. S. Nuclear Regulatory Commission !
P. O. Box 136 Lyc or. ( ng , New York 13093 l t Mr. David E. lab 3rge Project Directorate I-1 [
Division of Reactor Projects - I/II {
U.S. Nuclear Regulatory Commission ,
Mail Stop 14 D2 !
Washington, DC !
20555 f
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ATTACHMEt1T I TO IPN-88-050 i J PN- 8 8 -063 l
3 COMME!1TS O!! THE PROPOSED RUrE s REGARDIllG FITNESS-FOR-DUTY l j
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NEW YORK POWER AUTHORITY INDIA!1 POI!1T 3 NUCLEAR POWER PLANT DOCKET NO. 50-286 JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333
- 1. Pace 36823. third column. 4 26.2(b): .
r The proposed rule provides a 180 .ay period after !
publication of final rule for the implementation of ;
random drug testing and a 90 day period for the implementation of the other requirements of Part 26. t In light of the administrative procedures required for the implementation of a Fitness for Duty program, a i 180 day implementation period is appropriate for all i requirements of Part 26.
t
- 2. Pace 36824. second_ column. 4 26.10(a): -
This section provides that a fitness-for-duty program will provide assurance that nuclear power f plant personnel are not impaired. The Authority c l
t believes that this section should be revised to I reflect the fact that such programs also provide [
t assurance that nuclear power plant personnel are reliable and trustworthy. As in the case of access '
i authorization, reliability and trustworthiness of individuals granted unescorted access is crucial. i 3.
Pace 36824. third column. 4 26.20fal: I The proposed rule requires tPat the licensee's fitness-for-duty policy address other factors that could affect fitness for duty such as mental stress, }
fatigue and illness. This requirement is very general i and as such difficult to implement. The discussion of t
}
the proposed rule did not provide any guidance on the
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incorporation of these factors into a fitness-for-duty program.
However, the NRC has previously recognized the ef fect of fatigue on fitness for duty in NUREG-0737, item I.A.1.3. In response to item I.A.1.3, licensees have included limitations on overtime worked by operating personnel, in the Technical Specifications.
The Authority believes that cutoff levels for i
mental stress and illness are not amenable to definition and measurement. The effects of mental stress and illness are best addressed on a case-by-case basis via a behavioral observation program.
4.
Pace 36825. first column. 4 26.22(5)(ci:
The proposed rule provides that managers and supervisors shall be initially trained in behavioral observation techniques within 3 months of initial supervisory assignment and provided with refresher tru.ning on an unnucl basis.
Cince the uain component of drug uso deterrence is posed by random drug testing and not by a behavioral observation program, the deterrence effect will have already been instilled at the time of an initie. supervisory assignment occurring after random drug testing implementation. As such, there is not an imperative need for initial training within 3 months of initial supervisory assignment. In light of the
-2 -
I
additional responsibilities assumed at the beginning of a supervisory assignment and the concomitant time constraints, a 6 month time period is more appropriate. Similarly, refresher training on a 2 year basis is more appropriate.
- 5. Pace 36825. first column. 4 26.23 The proposed rule provides that contractor personnel are to be subject to the licensee's fitness-for-duty program or to a program adopted by the contractor, which satisfies the standards of 10 CFR Part 26. The Authority believes that this provision should be revised to allow licensees to require a <
contractor to implement its own program.
If the licensee includes contractor personnel within its program, the Authority believen that the cyclic and transitory nature of the contractor t population at a site justifies the establishment of
] sepa. azo parconnel pool.' for the random testing of licenseo and e:ntiuctor personnel. As the total population subject to the program increases, the 1 number of random samples taken must be proportionally increased to insure compliance with the required i annual random test rate. The segregated scheme would prevent the possible continued testing of licensee
] personnel at an inflated rate, after the contractor
{
personnel have left the site.
]
t i
Furthermore, the inclusion of contractor personnel under the licensee's program should not '
establish rights of or benefits to contractors or '
j contractor personnel that they do not otherwise have '
4 3 by law or contract, i
f l
- 6. Paoe 36825. second column, 4 26.24(a)(2):
The proposed rules provide two alternatives for !
the scope of random testing. Alternative A requires the annual testing of at least 90% of the individuals j within the scope of the rule. !
Alternative B requires i 4
a 300% annual testing rate. The testing rates required by either alternativo are unreasonabis. The j justification for random testing emphasizes the deterrent effect posed by such testing. An annual testing rate on the order of 25% would produce an acceptable level of deterrence.
i Given the number of nuclear plant employees and the proposed cesting rate 1. :ho Authority is concerned l
} that there is insufficicat cert 1'ied laboratory
] capacity for the required tacting. The fitness-for-duty rule should not be finalized until there is assurance that certified laboratories can handle the
{
1 demand for their services.
Random testing may pose a significant problem for 1
] the Authority for another reason. As a public entity, 1
j it is subject to the restrictions of the 4th i
l I
- -4 -
1_ . . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . - _ . _ . . _-
Amendment to the U.S. Constitution. In Patchocue -
Medford Conoress of Teachers v. Board of Education, 70 N.Y.2d 57, 510 N.E.2d 325, 517 N.Y.S.2d 45G, the New York Court of Appeals has held that absent individualized suspicion, a search of a public employee (i.e., a drug screen of bodily fluids) is unreasonable and thus violative of the 4th Amendment.
However, the Court expressed a willingness to uphold an exception to this general proscription on specific,
, narrow grounds. Thus random searches without t
reasonable suspicion would be permitted only when the l
privacy interests implicated are minimal, the government's interest is substantial and safeguards are provided to insure that the individual's i
reesonable expectation of privacy is nel subjected to j
unregulated discretion. As evidence of thia willingness the Court recently urnold tne New York 3
City Police Department's random druc testir? "regrar for memoors of the elite Organized Crime Control Bitreau. Ca ruso v. Ward, N.Y.2d (1988).
Whether the random testing provision of the proposed fitnets-for-duty program can withstand constitutional challenge in the New York courts is debatable, c
Currently, the question of non-random searches in connection with drug ccreens by public employers is before the U.S. Supreme Court. Untional Treasurv
i i 4
l Emoloyees Union v. Von Raab, 816 F.2d 170 (5th Cir. !
i J
1987), cert. cranted 108 S.Ct. 1082 (1983). Burnlev v.
Bailway Labor Executives' Association, 839 F.2d 575 s I
(9th Cir. 1988), cert. granted 108 S.Ct. 2033 (1988).
While random searches are not before the Court, a 1
decision holding non-random searches to be '
unconstitutional would certainly doom a random search !
scheme.
While the Authority strongly supports the !
l l t proposed random testing scheme, we believe it would be
]
prudent to clarify the rule so as to mitigate any !
l future constitutional challenges. Through the Atomic !
[
Energy Act, the NRC has exclusive jurisdiction of the !
radiological safety aspects of the construction and f r
l operation of commercial nuclear power plants. The I i i proposed rule should be revised to indicate the NRC's
{
r J
regulations in this area pre-empt inconsistant ctato i
,1' or local laws or regulations.
J :
- 7. Pace 36825, second column, . 76.23.*oi I
( The proposed rule provides that licensees, at i 1
their discretion, may implement programs with lower t
cutoff levels than those provided by the HHS l Guidelines. The Authority believes that while more i
j stringent standards for those drugs explicitly t specified in the rule, may be desirable, the adopted standards should be uniform scross the nuclear l
l industry. Uniformity is necessary to preclude i
t inequitable hiring and dismissal practices.
For example, i 26.27 requires a licensee to ascertain whether a prospective employas had, in the l
past, tested positive for illegal drugs. With non-l uniform standards it is possible that an individual who tested positive under a more string,ent standard may be denied employment at a utility, under whose program his tested level would not constitute a positive test. This would almost certainly result in additional legal challenges to random testing.
The proposed rule also provides for the testing
! of drugs not explicitly specified in the rule, which may be prevalent in a geographic locale. As the use of such drugs would be limited to a geographic locale, the aforementioned rationale for uniform industry-wide standards would not be applicable to tna tasting for these drugs.
8.
Pace 36826. second colunn. ( 26.27(b)(2):
The proposed rule provides that upon a second confirned positive test, the individual will bo denied unescorted access to protected areas for a minimum of 3 years.
In New York, evidence of prior drug or alcohol dependency is not sufficient to deny employment or foreclose employment opportunities. If such a person
I has been rehabilitated or if cuch person can reasonably perforn his job, denial based on past usage can support an allegation of disability discrimination. However, the proposed rule should pre-empt New York law in this area. Through the !
Atomic Energy Act, the NRC has exclusive jurisdiction over the radiological safety aspects of the construction and operation of cemmercial nuclear power plants. As previously mentioned, the proposed rule should be revised to indicate that the NRC's regulations in this area pre-empt inconsistent state or local laws or regulations.
- 9. Pace 36825, third column, 4 26.29: ,
The justification for random testing is
} predicated largaly on the deterrence effect such l
{ testing will have on drug use. The NRC diccussion (page 36810) of the datorronco poced by rand:a drug testing notes chat ucserronca ia -a ce_7 to che <
3 perceived probability of dotcccica, snich lu, in turn, -
related to the "publicity" given positive findingn and i
sanctions imposed. However, such "publicity" would ae prohibited by 5 26.29 Which provides for the !
protection of personal information on an employee I obtained via the fitness-for-duty program. The NRC should revise the discussion of the deterrence effect
, of random testing to be consistent with 5 .'6.29. !
I
] !
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- 10. Pace 36827. first column. 6 26.73:
The prcposed rule requires the reporting of significant fitness-for-duty events to the NRC Operations Center Within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the discovery of !
che event.
In light of the reportability periods provided in 10 CFR S 50.72 for operational events, the reportability period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> is inappropriate given the significance of the daccribed fitness-for-duty events. A reportability period of 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> is '
nore appropriata for fitness-for-duty events.
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