ML110110715

Letter 01/07/2011 Palisades Re Licensed Operator Positive Drug Test

ML110110715
Person / Time
Site:	Palisades
Issue date:	01/07/2011
From:	Boland A Division of Reactor Safety III
To:	Kirwin T Entergy Nuclear Operations
References
Download: ML110110715 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE ROAD, SUITE 210 LISLE, IL 60532-4352 January 7, 2011 Mr. Thomas P. Kirwin Site Vice President Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES NUCLEAR PLANT LICENSED OPERATOR POSITIVE DRUG TEST

Dear Mr. Kirwin:

Your facility reported on December 22, 2010, that an NRC-licensed operator tested positive for marijuana following a random fitness-for-duty test taken on December 22, 2010. Although we have obtained preliminary information from Michael Monacelli of your staff that the individual was not on 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. Petersons attention at the NRC Region III Office, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352. Your cooperation is appreciated.

T. Kirwin 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 (PARS) component of NRC's document system (ADAMS). ADAMS is 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 No. 50-255 License No. DPR-20

Enclosure:

FFD Questionnaire cc w/encl: Distribution via ListServ

Licensed Operator Fitness-for-Duty Questionnaire Entergy Nuclear Operations, Inc. is requested to provide the following information concerning the fitness-for-duty occurrence of December 22, 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 quantification, and the dates that any tests were confirmed positive.

3. Whether the operator used, sold, or possessed illegal drugs. If so, please provide the details of the circumstances surrounding such use, sale, or possession.

4. Whether the operator was at the controls or supervising licensed activities while under the influence of marijuana. If so, please provide the details of the operator's performance of licensed duties while under the influence of marijuana.

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.

Enclosure

T. Kirwin 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 (PARS) component of NRC's document system (ADAMS). ADAMS is 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 No. 50-255 License No. DPR-20

Enclosure:

FFD Questionnaire cc w/encl: Distribution via ListServ DISTRIBUTION:

Daniel Merzke RidsNrrPMPalisades RidsNrrDorlLpl3-1 Resource RidsNrrDirsIrib Resource Cynthia Pederson Steven Orth Jared Heck Allan Barker Carole Ariano Linda Linn DRPIII DRSIII Patricia Buckley Tammy Tomczak ROPreports Resource H. Nixon, Training Manager J. McHale, NRR B. C. Westreich, NSIR G. West, NSIR S. K. Orth, RIII J. R. Kweiser, RIII SEE PREVIOUS CONCURRENCES DOCUMENT NAME: PAL 010711 DRS OL Fitness-for-Duty.docx 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:DRP NRR:IOLB RIII:ORA NAME RKWalton:jb MEB for HPeterson JMcHale via phone SKOrth DATE 01/04/11 01/04/11 01/05/11 01/05/11 OFFICE RIII:DRS RIII:DRS NAME JGiessner ATBoland DATE 01/05/11 01/07/11 OFFICIAL RECORD COPY