L-10-068, Fitness-For-Duty Performance Data for Personnel Subject To.The Requirements of 10 CFR 26 for the Period January 1, 2009 Through December 31, 2009

Fitness-For-Duty Performance Data for Personnel Subject To.The Requirements of 10 CFR 26 for the Period January 1, 2009 Through December 31, 2009

ML100630666
Person / Time
Site:	Perry
Issue date:	02/26/2010
From:	Bezilla M FirstEnergy Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-10-068
Download: ML100630666 (10)

Text

FENOC Perry Nuclear Power Station 10 Center Road FirstEnergyNuclear OperatingCompany Perry,Ohio 44081 Mark B. Bezilla 440-280-5382 Vice President Fax: 440-280-8029 February 26, 2010 L-10-068 10 CFR 26.717(e)

ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

SUBJECT:

Perry Nuclear Power Plant, Unit 1 Docket No. 50-440, License No. NPF-58 Fitness-For-Duty Performance Data Pursuant to 10 CFR 26.717(e), enclosed is the 2009 Annual Fitness-For-Duty (FFD) Program Performance Data for the FirstEnergy Nuclear Operating Company's (FENOC) Perry Nuclear Power Plant. The enclosed report provides FFD Program performance data for personnel subject to.the requirements of 10 CFR 26 for the period January 1, 2009 through December 31, 2009.

There are no regulatory commitments contained in this letter. If there are any questions, or if additional information is required, please contact Mr. Robert B. Coad, Manager - Regulatory Compliance, at (440) 280-5328.

Sincerely, Markt Bezilla

Enclosures:

A. Fitness-for-Duty Program Performance Data B. Summary of Performance Data and Management Actions C. Fatigue Management Data cc: NRR Project Manager NRC Resident Inspector Office NRC Region III p4"'

Enclosure A L-10-068 Fitness-for-Duty Program Performance Data Page 1 of 3

Enclosure A L-10-068 Page 2 of 3 Fitness-for-Duty Program Performance Data Personnel Subject to 10CFR26 NOP-LP-1002-01 Rev.00 Long-Term Short-Term Testing Results Licensee Employees Contractor Personnel Contractor Personnel Average Number with 973 0 400 Unescorted Access Categories#

Tested Positive Tested Positive Tested Positive Pre-Access 208 3 0 0 1371 5 For Post accident 12 0 0 0 18 0 Cause Observed behavior 6 0 0 0 3 1 Random 520 2 0 0 215 1 Follow-up 78 0 0 0 81 0 Other- 139 1 0 0 0 0 Total 963 6 0 0 1688 7

a) __ =

CD0 CF) 0 00 -

C

>h Breakdown of Confirmed Positive Tests for Specific Substances Marijuana Cocaine Opiatess Amphe-tamines Phency-clidine Alcohol Refusal to Test Dilute 1 2 3 4 5 Licensee Employees 3 1 0 0 0 2 0 1 Long-Term Contractors 0 0 0 0 0 0 0 0 Short-Term Contractors 4 1 0 0 0 2 2 0 Total 7 2 0 0 0 4 2 1 16

" One employee's test result was both dilute and positive for cocaine as reflected on the above table; this test is only counted once in the Testing Results on Page 2 of 3.

" Two contractors identified as "refusal to test" on the above table are not reflected on the Testing Results table on Page 2 of 3.

Enclosure B

L-10-068 Summary of Performance Data and Management Actions Page 1 of 4

Enclosure B L-10-068 Page 2 of 4 FITNESS-FOR-DUTY REPORT

SUMMARY

OF PERFORMANCE DATA AND MANAGEMENT ACTIONS From January 1, 2009, through December 31, 2009, the Licensee Personnel Program experienced three confirmed positives in the Pre-Access Category, two confirmed positives in the Random Category, and one (1) confirmed positive in the Other Category.

Over the same time period, the Short-Term Contractor Personnel Program experienced five confirmed positives in the Pre-Access Category, one confirmed positive in the Random Category, and one confirmed positive in the For Cause Category. Two individuals attempted to subvert the Pre-Access testing process.

Pre-Access Progqram Licensee Personnel Three individuals experienced a confirmed positive for a single substance. These individuals participated in a face-to-face or telephonic interview with the Medical Review Officer. The Medical Review Officer adjudicated the individuals as confirmed positive. Pursuant to plant procedure requirements, the individuals were denied unescorted access. The individuals were informed of their right to appeal and the required procedural requirements in order to re-establish unescorted access.

Short-Term Contractor Personnel Five individuals experienced a confirmed positive; four for a single substance and one for alcohol. The four individuals that were confirmed positive for a single substance participated in a face-to-face or telephonic interview with the Medical Review Officer. The Medical Review Officer adjudicated the individuals testing positive for a single substance as confirmed positive.

Pursuant to plant procedure requirements, all individuals were denied unescorted access. The individuals were informed of their right to appeal and the required procedural requirements in order to re-establish unescorted access.

Two individuals attempted to subvert the testing process. One individual provided a urine specimen that did not register a temperature. The individual refused to proceed with the required observed recollection. Additionally, one individual provided a urine specimen that registered a temperature at the lower end of the acceptable range and went cold too quickly.

The individual was interviewed and admitted to using an adulterant known as URN Luck. The individual refused to proceed with the required observed recollection process. The determination was made that both contractors attempted to subvert the testing process and were permanently denied access pursuant to 10 CFR 26.75(b).

Three individuals experienced an alcohol result below plant procedure requirements. These individuals were turned over to their site representative for site exit.

Random Progqram In the Licensee Random Program Category, two individuals experienced a confirmed positive alcohol. Pursuant to plant procedure requirements, the individuals were denied unescorted

Enclosure B L-10-068 Page 3 of 4 access, The individuals were informed of their right to appeal and the required procedural requirements in order to re-establish unescorted access. To date, both individuals have been re-established for unescorted access.

In the Short-Term Random Program Category, one individual experienced a confirmed positive alcohol. Pursuant to plant procedure requirements, the individual was denied unescorted access, The individual was informed of the right to appeal and the required procedural requirements in order to re-establish unescorted access.

For-Cause Program In the Short-Term Contractor Personnel For-Cause Category, one individual experienced a confirmed positive for a single substance. The individual participated in a face to face or telephonic interview with the Medical Review Officer. The Medical Review Officer adjudicated the individual as confirmed positive. Pursuant to plant procedure requirements, the individual was denied unescorted access. The individual was informed of the right to appeal and the required procedural requirements in order to re-establish unescorted access.

Other Category In the Licensee Other Program Category, one individual experienced a confirmed positive for a single substance. The individual participated in a face-to-face or telephonic interview with the Medical Review Officer. The Medical Review Officer adjudicated the individual as confirmed positive. Pursuant to plant procedure requirements, the individual was denied unescorted access, The individual was informed of the right to appeal and the required procedural requirements in order to re-establish unescorted access.

List of Events Reported During the period of January 1, 2009 through December 31, 2009, no events were reported under the provisions of 10 CFR 26.719 by the Perry Nuclear Power Plant.

Program and System Management FENOC implemented portions of 10 CFR 26 requirements on January 9, 2009, in support of the FENOC fleet 2009 refueling outages; full regulatory implementation aligned with the required implementation date of March 31, 2009.

Multiple communications regarding implementation of new 10 CFR 26 requirements, including drug and alcohol processing, sanctions, work hours, and managing fatigue were distributed across the fleet during this reporting period.

Random Testinq The random testing rate for this reporting period was approximately 53 percent of the population that is subject to the FFD Program, exceeding the requirement outlined in 10 CFR 26.31 (d)(2)(vii).

Enclosure B L-10-068 Page 4 of 4 Additional Random Testinq Program for Security An accelerated random testing for Security was previously reported on the December 31, 2008 NRC FFD Statistical Data Performance Summary; however, this testing continued into the 2009 reporting period. This testing is reported under the Other Program Category.

In 2008 an investigation revealed that two licensee security officers were associated with illegal drugs. One security officer admitted to illegal drug use while on vacation and following his return to work. A second security officer was involved in a domestic dispute in which the local police department responded. This incident resulted in charges for domestic violence, possession of cocaine, and possession of drug instruments. For Cause testing was completed on both security officers, which resulted in negative results. It should be noted that both security officers were terminated from the company. Information was received that NRC Region III was concerned about the events and potential for a more widespread drug abuse problem. In response to this concern, and FENOC's responsibility to continue to provide high assurance that personnel are fit-for-duty and perform their duties in a safe, reliable, secure, and trustworthy manner, FENOC implemented an accelerated random testing program for Security in addition to 10 CFR 26 random testing program. During 2008, 179 tests were completed; all were negative.

During this reporting period, 139 tests were completed; all were negative except for one confirmed positive drug result. This positive is reported under the Other Program Category.

Blind Specimen Two blind specimens, certified as positive for codeine/morphine were submitted for testing. The HHS-Laboratory reported the results as negative. As part of the investigation, GC/MS testing was completed and identified the presence of both drugs. It was determined that the blind specimens were prepared/certified in accordance with the previous 10 CFR 26 regulatory requirements. The test results aligned with the previous regulatory requirements for codeine/morphine cut-off levels. These results were received prior to the required implementation date of March 31, 2009. As previously stated, prior to March 31, 2009, the Licensee implemented portions of the new 10 CFR 26 requirements; however, blind specimen testing requirements were not part of the implemented portions. Additional codeine/morphine blind specimens were submitted for testing to meet 10 CFR 26 requirements and correct results were received.

Two blind specimens, certified as dilute, were submitted for testing. The HHS-Laboratory reported the results as invalid. The investigation involved retesting by the blind specimen provider, which also resulted in an invalid result. It was determined that the invalid results were due to bacterial contamination. It should be noted that the blind specimens were from the same batch. According to the blind specimen provider, these blind specimens were the only two issues associated with this batch. Additional dilute blind specimens were submitted for testing to meet 10 CFR 26 requirements and the correct results were received.

Enclosure C L-10-068 Fatigue Management Data Page 1 of 2