ML053200189
| ML053200189 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point, 05561774  |
| Issue date: | 11/16/2005 |
| From: | Blough A Division of Reactor Safety I |
| To: | Restani R - No Known Affiliation |
| References | |
| IA-05-062 IA-05-062 | |
| Download: ML053200189 (3) | |
Text
November 16, 2005 IA-05-062 Mr. Raymond C. Restani, II
[HOME ADDRESS DELETED UNDER 10 CFR 2.390(a)]
SUBJECT:
NOTICE OF VIOLATION AND EXPIRATION OF LICENSE
Dear Mr. Restani:
The NRC received a letter from Constellation Energy dated October 25, 2005, containing information pertaining to your confirmed positive test for marijuana on September 21, 2005, while working as a Chief Shift Operator at Nine Mile Point Unit 1. The NRC received another letter from Constellation Energy dated October 25, 2005, informing us that your employment was terminated and your operator license at Nine Mile Point Unit 1 was no longer required. We plan to place both of these letters in your 10 CFR Part 55 docket file.
In accordance with 10 CFR 55.55(a), the determination by your facility licensee that you no longer need to maintain a license has caused your license (License No. OP-11167-1) to expire as of September 26, 2005. In addition, the following violation is being issued on your docket:
10 CFR 55.53(j) prohibits the use of illegal drugs, and prohibits the licensee from performing activities authorized by a license issued under 10 CFR Part 55 while under the influence of an illegal substance. Under the influence is defined in 10 CFR 55.53(j) to mean that the licensee exceeded, as evidenced by a confirmed positive test, the lower cutoff levels for drugs or alcohol contained in 10 CFR Part 26, Appendix A, of this chapter, or as established by the facility licensee.
Contrary to the above, while holding an NRC license (OP-11167-1), you used an illegal substance and performed activities authorized by your NRC license while under the influence of that illegal substance. Specifically, on September 21, 2005, a random fitness-for-duty test was positive for marijuana, which was verified to exceed the cutoff level in 10 CFR Part 26, while you performed licensed activities at Nine Mile Point Unit 1.
This is a Severity Level III violation. (Supplement I).
The purpose of the Commission's fitness-for-duty requirements is to provide reasonable assurance that nuclear power plant personnel work in an environment that is free of drugs and alcohol and the effects of the use of these substances. The use of illegal drugs is a serious matter which undermines the special trust and confidence placed in you as a licensed reactor operator. This violation is categorized at Severity Level III in accordance with the NRC Enforcement Policy, because the use of illegal drugs by licensed operators is a significant regulatory concern. The NRC Enforcement Policy can be found on the NRCs web site at www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. R. Restani Because your license has expired, you are not required to respond to the Notice of Violation at this time unless you contest the violation. Should you contest the Notice of Violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the Regional Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA, 19406 and marked, "Open by Addressee Only - Response to a Notice of Violation; IA-05-062."
The purpose of this letter is also to make clear to you the consequences of your violation of NRC requirements governing fitness-for-duty as a licensed operator, in accordance with 10 CFR Part 55. If you reapply for an operating license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in you as a licensed operator and to abide by all fitness-for-duty and other license requirements and conditions.
In accordance with Section 2.390 of the NRC's "Rules of Practice," Part 2, Title 10, Code of Federal Regulations, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. A copy of this letter will be made available to the Public after 45 days unless you provide a sufficient basis to withdraw this violation. At such time, the NRC will also include this letter on its website for a period of 1 year at www.nrc.gov; select What We Do, Enforcement, Significant Enforcement Actions, then Individuals. Your response, if you choose to provide one, with your address removed, will also be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS).
This letter will also be maintained by the Office of Enforcement (OE) in a NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from our website at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Should you have any questions concerning this action, please contact Richard Conte, Chief, Operations Branch, at (610) 337-5183.
Sincerely,
/RA/
A. Randolph Blough, Director Division of Reactor Safety Region I Docket No. 55-61774 License No. OP-11167-1 cc: Nine Mile Point Nuclear Station
Mr. R. Restani Immediate Distribution:
OE: EA File OE: IA File MJohnson, OE KFarrar, RI DHolody, RI RUrban, RI SFigueroa, OE Distribution (Release After 45 Day Hold):
ADAMS (PARS) SGagner, OPA SECY HBell, OIG OCA JSchlueter, STP OEMAIL GCaputo, OI OEWEB LTremper, OC LReyes, EDO WOutlaw, OCM WKane, DEDR Enforcement Coordinators RII, RIII, RIV MJohnson, OE JTrapp, DRP SFigueroa, OE RLaufer, NRR LTrocine, OE TColburn, NRR NHilton, OE P. Milano, PM (backup) NRR BBoger, NRR LCline, SRI JDyer, NRR SCollins, RA RBorchardt, NRR MDapas, DRA PBonnett, NRR DScrenci/NSheehan, PAO-RI SLee, RI OEDO KFarrar, RI LChandler, OGC DHolody/RUrban, RI BJones, OGC R1DRP_Mail MElwood, OGC Region I OE Files (with concurrences)
KRemsberg, OGC Region I Docket Room SISP Review Complete: rju (Reviewers Initials)
DOCUMENT NAME: E:\Filenet\ML053200189.wpd 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 RI/DRS RI/OI RI/ORA RI/ORA NAME TFish RConte EWilson DHolody KFarrar DATE 11/09/05 11/09/05 11/14/05 11/15/05 11/15/05 OFFICE HQ/NRR RI/DRS HQ/NSIR HQ/OE NAME DTrimble/RJU for ABlough/MKG for EWest* MBurrell*
DATE 11/10/05 11/16/05 11/14/05 11/15/05 OFFICIAL RECORD COPY
- per phone call w/RUrban & M. Burrell 11/15/05