ML020280402
| ML020280402 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 01/25/2002 |
| From: | Lanning W Division of Reactor Safety I |
| To: | Degregorio R AmerGen Energy Co |
| Shared Package | |
| ML020100399 | List: |
| References | |
| ENS 38514 | |
| Download: ML020280402 (3) | |
Text
January 25, 2002 Mr. Ron J. DeGregorio Vice President - Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731
SUBJECT:
REQUEST FOR INFORMATION CONCERNING THE OYSTER CREEK FITNESS-FOR-DUTY REPORT (ENS 38514)
Dear Mr. DeGregorio:
The U.S. Nuclear Regulatory Commission (NRC) has received your letter dated December 28, 2001, in response to our letter dated November 29, 2001. In our letter, we requested that you provide the NRC information regarding the circumstance associated with a reactor operator who exceeded the cutoff level for alcohol during a Fitness-for-Duty test on November 23, 2001.
Your response adequately addressed the questions set forth in our letter. Because the operator had not performed licensed duties prior to the test, we concluded that the individual did not violate 10 CFR 55.53(j) which requires in part that the licensee shall not perform activities authorized by a license issued under 10 CFR Part 55 while under the influence of alcohol.
We reviewed the information you provided and concluded that your Fitness-for-Duty program functioned appropriately in identifying this condition. We also have reviewed your request to withhold Attachment 1 of your December 28, 2001, letter in accordance with the requirements of 10 CFR 2.790. On the basis of your statements we have determined that the submitted information sought to be withheld contains personal information, the disclosure of which would be a clearly unwarranted invasion of privacy. Therefore, Attachment 1 of your letter will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(6) and Section 103(b) of the Atomic Energy Act of 1954, as amended. However, your letter and Attachment 2 (which is the redacted version of Attachment 1) will be placed in the NRCs public document room and in the Publicly Available Records component of the NRCs document system (ADAMS).
Withholding Attachment 1 from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling such information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination
Mr. Ron J. DeGregorio adverse to the above, you will be notified in advance of any public disclosure. If you have any questions, regarding the disclosure of the information, please contact Mr. J. Bradley Fewell, Regional Counsel, at 610-337-5301.
In accordance with 10 CFR 2.790 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm.html (the Public Electronic Reading Room).
Thank you for your cooperation in this matter.
Sincerely,
/RA/
Wayne D. Lanning, Director Division of Reactor Safety Docket No:
50-219 License No:
DPR-16 cc:
AmerGen Energy Company - Correspondence Control Deck J. A. Benjamin, Licensing - Vice President, Exelon Corporation M. Gallagher, Director-Licensing B. Stewart, Acting Regulatory Affairs Manager R. Shadis, New England Coalition Staff State of New Jersey N. Cohen, Coordinator - Unplug Salem Campaign E. Gbur, Coordinator - Jersey Shore Nuclear Watch E. Zobian, Coordinator - Jersey Shore Anti Nuclear Alliance
Mr. Ron J. DeGregorio Distribution:
Region I Docket Room (with concurrences)
L. Dudes, DRP - NRC Resident Inspector H. Miller, RA J. Wiggins, DRA J. Rogge, DRP N. Perry, DRP T. Haverkamp, DRP B. Fewell, ORA D. Holody, EO, RI R. Urban, ORA, RI T. Bergman, OEDO E. Adensam, NRR H. Pastis, PM, NRR T. Colburn, Backup PM, NRR C. Buracker, DRS (Facility File)
DOCUMENT NAME: G:\\OSB\\BLAMEY\\OYSTERCREEK\\OCFFDFACILITYRESPONSE.WPD ADAMS PKG: ML020100399 After declaring this document An Official Agency Record it will be released to the Public.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRS E RI/DRS RI/DRS RI/DRS RI/EO NAME CBuracker ABlamey RConte WLanning DHolody (RJU for)
DATE 01/16/02 01/17/02 01/17/02 01/24/02 01/18/02 OFFICE RI/RC RI/OE NRR/OLB NAME JFewell BLetts DTrimble (AJB for)
DATE 01/18/02 01/18/02 01/22/02 01/ /02 01/ /02 OFFICIAL RECORD COPY