ML101480994

CPSES - Licensed Operator Positive Fitness-for-Duty Test

ML101480994
Person / Time
Site:	Comanche Peak
Issue date:	05/28/2010
From:	Mark Haire Operations Branch IV
To:	Flores R Luminant Generation Co
References
45834
Download: ML101480994 (5)

Text

UNITED STATES NUC LE AR RE G UL AT O RY C O M M I S S I O N R E GI ON I V 612 EAST LAMAR BLVD , SU I TE 400 AR LI N GTON , TEXAS 76011-4125 May 28, 2010 Rafael Flores, Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Luminant Generation Company LLC Comanche Peak Nuclear Power Plant P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

LICENSED OPERATOR POSITIVE FITNESS-FOR-DUTY TEST Your facility reported on April 12, 2010, (Event report 45834), that an NRC-licensed operator tested positive for alcohol following a fitness-for-duty test taken on April 12, 2010. This letter is a 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 attachment 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 10 CFR Parts 50 or 55. The information supplied will be maintained in NRC Privacy System of Records-16 and will be subject to the Privacy Act. If you have any questions, please feel free to contact me at (817) 860-8159. Your cooperation is appreciated.

Sincerely,

/RA/

Mark S. Haire, Chief Operations Branch Division of Reactor Safety

Luminant Generation Company LLC Dockets: 50-445; 50-446 Licenses: NPF-87; NPF-89

Enclosure:

As stated Mr. Fred W. Madden, Director Oversight and Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043 Timothy P. Matthews, Esq.

Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P.O. Box 851 Glen Rose, TX 76043 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health P.O. Box 149347, Mail Code 2835 Austin, TX 78714-9347 Environmental and Natural Resources Policy Director Office of the Governor P.O. Box 12428 Austin, TX 78711-3189 Honorable Walter Maynard County Judge P.O. Box 851 Glen Rose, TX 76043 Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 Austin, TX 78711-3326

Luminant Generation Company LLC Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Anthony Jones Chief Boiler Inspector Texas Department of Licensing And Regulation Boiler Division E.O. Thompson State Office Building P.O. Box 12157 Austin, TX 78711 Chief, Technological Hazards Branch FEMA Region VI 800 North Loop 288 Federal Regional Center Denton, TX 76209

Luminant Generation Company LLC Electronic distribution by RIV:

Regional Administrator (Elmo.Collins@nrc.gov)

Deputy Regional Administrator (Chuck.Casto@nrc.gov)

DRP Director (Dwight.Chamberlain@nrc.gov)

DRP Deputy Director (Anton.Vegel@nrc.gov)

DRS Director (Roy.Caniano@nrc.gov)

DRS Deputy Director (Troy.Pruett@nrc.gov)

Senior Resident Inspector (John.Kramer@nrc.gov)

Resident Inspector (Brian.Tindell@nrc.gov)

Branch Chief, DRP/A (Wayne.Walker.nrc.gov)

Senior Project Engineer, DRP/A (David.Proulx@nrc.gov)

Project Engineer, DRP/A (Nick.Hernandez@nrc.gov)

Project Engineer, DRP/A (Laura.Micewski@nrc.gov)

CP Administrative Assistant (Sue.Sanner@nrc.gov)

Public Affairs Officer (Victor.Dricks@nrc.gov)

Public Affairs Officer (Lara.Uselding@nrc.gov)

Project Manager (Balwant.Singal@nrc.gov)

Branch Chief, DRS/TSB (Michael.Hay@nrc.gov)

RITS Coordinator (Marisa.Herrera@nrc.gov)

Regional Counsel (Karla.Fuller@nrc.gov)

Congressional Affairs Officer (Jenny.Weil@nrc.gov)

OEMail Resource ADAMS: No X Yes X SUNSI Review Complete Reviewer Initials: lah X Publicly Available X Non-Sensitive LA:OB C:OB LAHurley MSHaire

/RA/ /RA/

05/19/10 05/28/10 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax

ENCLOSURE Licensed Operator Fitness-for-Duty Questionnaire Luminant Generation Company LLC is requested to provide the following information concerning the fitness-for-duty occurrence of April 12, 2010, 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 actual BAC levels), and the dates that any tests were confirmed positive.

3. A detailed chronology (timeline) associated with this event, including all the information developed as a result of your review of the event (e.g., the report documenting your review of this matter, summaries of interviews, etc.), and actions taken or planned.

4. Whether the operator consumed alcoholic beverages within the protected area. If so, please provide the details of the circumstances surrounding such use.

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 operators performance of licensed duties while under the influence. If not, please indicate what role the operator was reporting for/engaged in and whether this role requires an NRC license by site procedure.

6. 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.

7. Whether the operator was considered available for licensed duties (e.g., cover for an on-shift illness, overtime coverage, etc.).

8. 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.

9. Any other relevant information which will facilitate the NRC review of this matter.

10. Please submit copies of relevant procedures if referenced in the above response.