ML111030581

11 Quad Cities Positive Fitness for Duty Event Notification

ML111030581
Person / Time
Site:	Quad Cities, 05532004
Issue date:	04/13/2011
From:	Reynolds S Division of Reactor Safety III
To:	Cravens K - No Known Affiliation
References
Download: ML111030581 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION LISLE, IL 60532-4352 April 13, 2011 Mr. Kevin B. Cravens

[HOME ADDRESS DELETED UNDER 10 CFR 2.390]

SUBJECT:

POSITIVE FITNESS-FOR-DUTY EVENT NOTIFICATION

Dear Mr. Cravens:

This letter refers to an Event Notification (EN45269) made by Exelon Generation Company, LLC, (Quad Cities Generating Station) on August 17, 2009, to the U.S. Nuclear Regulatory Commission (NRC). The event notification was to inform the NRC that you had tested positive for alcohol during a random breathalyzer Fitness-for-Duty (FFD) test conducted on that date while you were inside the protected area of the Quad Cities Nuclear Generating Station. The NRC received additional information from Exelon, dated September 11, 2009, about your confirmed positive FFD test for alcohol and the subsequent actions that were taken.

Based on confirmed positive test results for alcohol and being an NRC licensed operator, the NRC evaluated the circumstances of your actions for enforcement consideration. Title 10 CFR 55.53 (j) states, in part, that a licensee (licensed operator) shall not perform activities authorized by a license while under the influence of alcohol that could adversely affect his ability to safely and competently perform his licensed duties. We understand that at the time of your positive test your operator license was inactive and you were assigned to a plant position where activities authorized by your license were not being performed. Your random FFD test for alcohol exceeded the facilitys allowed cutoff level pursuant to 10 CFR Part 26, Fitness-for-Duty Programs. Although your license was inactive, at the time, as a licensed operator and a supervisor, your actions with respect to being in the plant under the influence of alcohol represented an impairment that may have impacted safety. The NRC takes the safe operation of nuclear power plants very seriously, as operational errors of the stations controls caused by personnel under the influence of drugs or alcohol may impact the health and safety of the general public. Had your license been active and you were called upon to exercise the authority of your license to perform licensed duties under the influence of alcohol, a significant violation of 10 CFR 55.53(j) would have occurred.

The NRC holds Licensed Operators to a higher standard than other persons holding unescorted access to a nuclear power plant because of the nature of their responsibilities. Title 10 CFR 26.4(a)(1) specifically states, in part, that personnel who operate or direct the operation of risk-significant plant equipment are subject to the stations FFD program. Furthermore, 10 CFR 55.53(k) specifically requires licensed operators to participate in the drug and alcohol testing program established pursuant to 10 CFR Part 26. The purpose of the Commissions FFD 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 alcohol such that an operator exceeds the cutoff limits specified in 10 CFR Part 26, Appendix A, or in the licensees FFD program, is a serious matter.

K. Cravens Title 10 CFR 55.61(b)(5) states, in part that, Any license may be revoked, suspended, or modified, in whole or in part: For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cut-off levels established by

§55.53(j). However, taking into account that, at the time of testing, your license was inactive and that you were not directly performing duties or had responsibilities with respect to your senior operator license, the NRC concluded that no violation of 10 CFR 55.53(j) had occurred.

Therefore, no action will be taken against your operator license at this time, and no response to this letter is required. However, you should be aware that NRC may take action against your license in the future if you test positive for alcohol while occupying a control room watchstation, or if you are found performing licensed duties unfit as a result of the consumption of alcoholic beverages as noted above from 10 CFR 55.61(b)(5). A copy of this letter will be placed in your 10 CFR Part 55 docket file.

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

Should you have any questions concerning this action, please contact Mr. Hironori Peterson of my staff. Mr. Peterson can be reached at either the address listed above or 630-829-9707.

Sincerely,

/RA by Gary Shear Acting For/

Steven A. Reynolds, Director Division of Reactor Safety Docket No. 55-32004 License No. SOP-31281 cc: R. Gideon, Site Vice President K. Moser, Training Manager CERTIFIED MAIL

K. Cravens Title 10 CFR 55.61(b)(5) states, in part that, Any license may be revoked, suspended, or modified, in whole or in part: For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cut-off levels established by

§55.53(j). However, taking into account that, at the time of testing, your license was inactive and that you were not directly performing duties or had responsibilities with respect to your senior operator license, the NRC concluded that no violation of 10 CFR 55.53(j) had occurred.

Therefore, no action will be taken against your operator license at this time, and no response to this letter is required. However, you should be aware that NRC may take action against your license in the future if you test positive for alcohol while occupying a control room watchstation, or if you are found performing licensed duties unfit as a result of the consumption of alcoholic beverages as noted above from 10 CFR 55.61(b)(5). A copy of this letter will be placed in your 10 CFR Part 55 docket file.

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

Should you have any questions concerning this action, please contact Mr. Hironori Peterson of my staff. Mr. Peterson can be reached at either the address listed above or 630-829-9707.

Sincerely,

/RA by Gary Shear Acting For/

Steven A. Reynolds, Director Division of Reactor Safety Docket No. 55-32004 License No. SOP-31281 cc: R. Gideon, Site Vice President K. Moser, Training Manager CERTIFIED MAIL DOCUMENT NAME: G:\DRSIII\DRS\Work in Progress\4-QUAD CITIES Positive FFD With No Violation 2011 final REV 1.docx Publicly Available Non-Publicly Available Sensitive Non-Sensitive To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy OFFICE RIII N RIII N RIII N RIII N NAME HPeterson:jb SOrth JHeck GShear for SReynolds DATE 03/28/11 04/06/11 04/06/11 04/13/11 OFFICIAL RECORD COPY