NLS2002072, Request to Withhold Documents from Public Disclosure Under 10CFR2.790

Request to Withhold Documents from Public Disclosure Under 10CFR2.790

ML021500560
Person / Time
Site:	Cooper
Issue date:	05/23/2002
From:	Coyle M Nebraska Public Power District (NPPD)
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NLS2002072
Download: ML021500560 (8)

Text

H Nebraska Public Power District Nebraska's Energy Leader NLS2002072 May 23, 2002 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington D.C. 20555 Gentlemen:

Subject:

Cooper Nuclear Station Request to Withhold Documents from Public Disclosure Under 10 CFR 2.790 This correspondence responds to a verbal request made to Cooper Nuclear Station (CNS) officials by Mr. Tony Gody of the U.S. Nuclear Regulatory Commission (NRC) concerning two documents that were originally provided to the NRC as attachments to an October 10, 2001, letter (NLS2001089) from Mr. John H. Swailes, then-Vice President of Nuclear Energy, Nebraska Public Power District (NPPD), to the NRC. These documents include (1) a "Licensed Operator Fitness-For-Duty Questionnaire Response," and, (2) a copy of "Investigation 200102 /

Report of Independent Investigation Team Re: Fitness for Duty Concerns in the Cooper Nuclear Station Operations Department" (October 2001). Note that at the time of their original submittal to the NRC, CNS explicitly requested exemption of both of these documents from public disclosure under the provision of 10 CFR 2.790(a)(6), on grounds that they contain personal privacy information whose publication would constitute a clearly unwarranted invasion of privacy. CNS also requested that they be protected from public disclosure given NRC licensees' obligations to protect certain personal information under 10 CFR 26.29.

CNS has been informed that the NRC staff plans to make one or both of the documents attached to the October 10, 2001, letter available to a licensed reactor operator in connection with the NRC's decision to terminate the license of that individual. It is our view that when these documents are released to this individual, they will become (or there is a risk that they will become) publicly available. For that reason, we have provided a redacted version of the documents.

Both of these internal reports contain information that relates to personnel matters and that is otherwise sensitive, confidential, and of a personal nature. Additionally, this report makes reference to the conduct or work performance of certain individuals. This information is of a type held in confidence by NPPD pursuant to 10 CFR 26.29. Public disclosure of this Cooper Nuclear Station cAOC P.O. Box 98/Brownville, NE 68321-0098 Telephone: (402) 825-3811 / Fax: (402) 825-5211 http://www.nppd.com (' J I

NLS2002072 Page 2 information would constitute a clearly unwarranted invasion of personal privacy. CNS therefore requests that the documents in question be protected from public disclosure pursuant to 10 CFR 2.790(a)(6), and that (if they are to be released at all) they be released only in redacted form.

Sincerely, SI Michael T. Coyle Site Vice President

/nr Enclosures cc: T. Gody w/enclosures US NRC - Region IV

This attachment contains personal privacy information, the publication of which would constitute an clearly unwarranted invasion of privacy. Therefore, this information is requested to be exempt from public disclosure under the provisions of 10CFR 2.790(a)(6)

(pertaining to records that are "personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy").

Licensed Operator Fitness-for-Duty Questionnaire Response

1. Name and responsibilitiesof the operator.

The name of the Cooper Nuclear Station (CNS) licensed operator in question is is a Station Shift Supervisor at CNS whose responsibilities include the supervision of all plant activities while he is on watch. License and Docket Numbers are and ý, respectively.

2. A summary of the operator'sentirefitnessfor duty testing history. Please include the dates and times the Operatorwas tested, the reasonsfor the tests (i.e., random,for cause, orfollow-up), the results of the tests, and the dates that any tests were confirmedpositive.

s be en em plo yeSha d at C N S fo r appro x imat ely

• y e ar s , h e b e g a n his employment on . CNS records maintained in accordance with 10CFR26.71 were reviewed and revealed that negative random tests were performed on

- on

. A confirmed positive test for alcohol was performed on and reported to the Nuclear Regulatory Commission (NRC) that same day.

3. A detailed chronology (time line) associatedwith this event, including all of the information developed as a result ofyour review of this [the] event (e.g., the report documenting your review of this matter, summaries of interviews, etc.).

Timeline of Events on

NLS2001089 Attachment A for-cause breath alcohol test was performed on

• by CNS Security Services personnel. The results of the initial test were M. The results of the confirmatory test were *.

CNS security personnel blocked access to the CNS Protected Area.

Following completion of required Nebraska Public Power District Human Resources activities, personally drove

• to his residence.

4. Whether the operator consumed alcoholic beverages within the protected area. If so, please provide the details of the circumstancessurroundingsuch consumption.

There is no evidence that

• consumed any alcoholic beverages within the CNS Protected Area. Interviews with this individual and other CNS employees verified that, except for three short periods,

• was either in the CNS Control Room or was attending meetings where he was in the presence of, and interacted with, other CNS personnel. See above time line for details.

5. Whether the operator was at the controls or supervising licensed activities while under the influence of alcohol. If so, please provide the details of the operator'sperformance of licensed duties while under the influence of alcohol.

Swas not at the controls during the period in question.

• was supervising licensed activities during the time line presented above. A review of the CNS Operations Log identified that during the period from M until M, the following activities took place on *"

NLS2001089 Attachment

NLS20010898 Attachment

NLS2001089 Attachment

6. Whether the operator was involved in proceduralerrorsrelated to this occurrence. If so, pleaseprovide the details of the proceduralerrors and the consequences of the errors.

There were no procedural errors associated with any of the activities performed during this period.

7. NPPD's intentions with regard to the operator's resumption of duties under the 10 CFR Parts50 and 55 licenses, including NPPD'splansforfollow-up testing.

ý has been referred to the District's Employee Assistance Program (EAP). In accordance with the EAP policies and procedures, a determination as to the status of the

NLS2001089 Attachment License has not been made to date. The NRC will be informed by separate correspondence when a final determination has been made.

8. Any other relevant information that willfacilitate the NRC review of this matter.

To NPPD's knowledge, all relevant information concerning this incident has been provided herein.