ML092600653

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Letter 09/17/2009 Byron Re Licensed Operator Positive Alcohol Test
ML092600653
Person / Time
Site: Byron  
Issue date: 09/17/2009
From: Boland A
Division of Reactor Safety III
To: Pardee C
Exelon Generation Co, Exelon Nuclear
References
Download: ML092600653 (5)


Text

September 17, 2009 Mr. Charles G. Pardee Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO), Exelon Nuclear 4300 Winfield Road Warrenville IL 60555

SUBJECT:

BYRON STATION LICENSED OPERATOR POSITIVE ALCOHOL TEST

Dear Mr. Pardee:

Your facility reported on August 31, 2009, that an NRC-licensed operator tested positive for alcohol following a random fitness-for-duty test taken on August 31, 2009. Although we have obtained preliminary information from Mr. Edward Bendis, Shift Manager, of your staff that the individual was not part of the control room shift at the time of identification, this letter is a formal request for information pertaining to this occurrence. Please provide, within 30 days after the date of this letter, answers to the questions listed in the enclosure and other records and information on this operator's fitness-for-duty which are relevant to this occurrence. We request that any personal, proprietary, or safeguards information in your response be contained in a separate enclosure and appropriately marked. The affidavit required by 10 CFR 2.390(b) must accompany your response, where applicable.

You should determine whether the operator meets the requirements of 10 CFR 55.33(a)(1).

You should ensure that: (1) the operator meets the general health requirements of ANSI/ANS-3.4-1983; (2) the operator does not have a disqualifying condition under Section 5.3 of that standard; and (3) that documentation describing the designated physician's conclusion that the operator meets the requirements of ANSI/ANS-3.4-1983 is available for review by the NRC. If a conditional license is requested per 10 CFR 55.25, that condition should be documented on NRC Form 396 and transmitted to the NRC.

If you determine that the operator no longer meets the medical qualifications described in 10 CFR 55.33(a)(1), then, in accordance with 10 CFR 55.25, you must notify the NRC via letter of the operator's permanent incapacitation. For example, you must notify the NRC if you determine, based on your employee assistance program in consultation with your designated physician, that the operator can no longer meet the medical criteria of ANSI/ANS-3.4-1983.

The NRC will evaluate the information in your reply to this letter to determine if further action is warranted pursuant to 10 CFR Part 50 or Part 55. The information supplied will be maintained in NRC Privacy Systems of Records-16 and will be subject to the Privacy Act.

If you have any questions concerning this matter, please contact Mr. Hironori Peterson, Chief, Operations Branch, at 630-829-9707. The requested information should be sent to Mr. Peterson=s attention at the NRC Region III Office, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352. Your cooperation is appreciated.

C. Pardee In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

Anne T. Boland, Director Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66

Enclosure:

FFD Questionnaire cc w/encl:

Site Vice President - Byron Station Plant Manager - Byron Station Manager Regulatory Assurance - Byron Station Senior Vice President - Midwest Operations Senior Vice President - Operations Support Vice President - Licensing and Regulatory Affairs Director - Licensing and Regulatory Affairs Manager Licensing - Braidwood, Byron, and LaSalle Associate General Counsel Document Control Desk - Licensing Assistant Attorney General Illinois Emergency Management Agency J. Klinger, State Liaison Officer, Illinois Emergency Management Agency P. Schmidt, State Liaison Officer, State of Wisconsin Chairman, Illinois Commerce Commission B. Quigley, Byron Station E. Bogue, Training Manager bcc w/encl:

J. Munro, NRR R. Franovich, NRR B. Westreich, NSIR S. Orth, RIII J. Kweiser, RIII

C. Pardee In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

Anne T. Boland, Director Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66

Enclosure:

FFD Questionnaire cc w/encl:

Site Vice President - Byron Station Plant Manager - Byron Station Manager Regulatory Assurance - Byron Station Senior Vice President - Midwest Operations Senior Vice President - Operations Support Vice President - Licensing and Regulatory Affairs Director - Licensing and Regulatory Affairs Manager Licensing - Braidwood, Byron, and LaSalle Associate General Counsel Document Control Desk - Licensing Assistant Attorney General Illinois Emergency Management Agency J. Klinger, State Liaison Officer, Illinois Emergency Management Agency P. Schmidt, State Liaison Officer, State of Wisconsin Chairman, Illinois Commerce Commission B. Quigley, Byron Station E. Bogue, Training Manager bcc w/encl:

J. Munro, NRR R. Franovich, NRR B. Westreich, NSIR S. Orth, RIII J. Kweiser, RIII DISTRIBUTION:

See next page DOCUMENT NAME: G:\\DRS\\Work in Progress\\BYR 091709 DRS OL.doc Publicly Available Non-Publicly Available Sensitive Non-Sensitive To receive a copy of this document, indicate in the box "C" = Copy w/o attach/encl "E" = Copy with attach/encl "N" = No copy OFFICE RIII:DRS RIII:DRS NRR:IOLB RIII:EICS NAME BPalagi:co DR for HPeterson JMunro per telecon SOrth DATE 09/15/2009 09/152009 09/15/2009 09/15/2009 OFFICE RIII:DRP RIII:DRS NAME RSkokowski ABoland DATE 09/16/2009 09/17/2009 OFFICIAL RECORD COPY

Letter to Charles G. Pardee from Anne T. Boland dated September 17, 2009.

SUBJECT:

BYRON STATION LICENSED OPERATOR POSITIVE ALCOHOL TEST DISTRIBUTION:

Susan Bagley RidsNrrDorlLpl3-2 Resource RidsNrrPMByron Resource RidsNrrDirsIrib Resource Cynthia Pederson Steven Orth Jared Heck Allan Barker Jeannie Choe Linda Linn DRPIII DRSIII Patricia Buckley Tammy Tomczak ROPreports Resource

Enclosure Licensed Operator Fitness-for-Duty Questionnaire Exelon Generation Company, LLC is requested to provide the following information concerning the fitness-for-duty occurrence of August 31, 2009, regarding the involved licensed operator:

1.

Name and responsibilities of the operator.

2.

A summary of the operator's entire fitness-for-duty testing history. Please include the dates and times the operator was tested, the reasons for the tests (i.e.,

random, for-cause, or follow-up), the results of the tests, including quantification, and the dates that any tests were confirmed positive.

3.

Whether the operator consumed alcoholic beverages within the protected area.

If so, please provide the details of the circumstances surrounding such consumption.

4.

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's performance of licensed duties while under the influence of alcohol.

5.

Whether the operator was involved in procedural errors related to this occurrence. If so, please provide the details of the procedural errors and the consequences of the errors.

6.

Your intentions with regard to the operator's resumption of duties under the 10 CFR Part 50 and Part 55 licenses, including your plans for follow-up testing.