ML12095A024

NRC Response: Collector Explanation

ML12095A024
Person / Time
Site:	Callaway
Issue date:	04/03/2012
From:	Melissa Ralph Division of Security Policy
To:	Enloe A Ameren Corp
Ralph M
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ML12094A258	List: ML12095A023 ML12095A024
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Download: ML12095A024 (3)

Text

From: FFDProgram Resource Sent: Tuesday, April 03, 2012 8:02 AM To: 'aenloe@ameren.com'

Subject:

Response to your inquiry to the U.S. Nuclear Regulatory Commission Mr. Enloe Thank you for your inquiry. The requirement under Title 10 of the Code of Federal Regulations (10 CFR) 26.89(b)(4) for the collector to explain the testing procedure to the donor replaces the former Section 2.2(d)(3) of Appendix A to Part 26, which required that individuals subject to testing be provided standard written instructions setting forth their responsibilities. According to the Federal Register notice for the Part 26 final rule (73 FR 16966), dated March 31, 2008:

the final rule adopts the related practices of other Federal agencies, which require the collector to explain the testing procedure to the donor. This change ensures that individuals are informed of the testing process in which they must participate and their responsibilities.

As such, the intent is that the testing procedures be explained at the collection site before starting the collection process in order to ensure comprehension by the donor. Donors must also be informed of the potential consequences of failing to cooperate in the collection process, in advance, to protect the privacy and other rights (including due process) of the donor.

While the rule is clear that the collector shall explain the testing process, show the forms, and ask the donor to sign the consent to test, the rule does not specify the level of detail that these explanations shall contain. Licensees, through site procedures, should verify that the collector provides a sufficient amount of information to inform the donor and licensees may supplement this information through read and sign, or computer training.

Additional information on Fitness for Duty is available through the U.S. Nuclear Regulatory Commissions (NRCs) public Web site: http://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty.html.

The NRC hopes that the information above answers your question. Please feel free to contact the agency should you require any additional information.

Regards, Melissa Ralph, Security Specialist, Fitness for Duty Program Security Programs Support Branch Division of Security Policy Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Melissa.Ralph@nrc.gov Phone: (301) 415-7609 Fax: (301) 415-5373

Note that the information herein is provided as a public service and solely for informational purposes and is not, nor should be deemed as, an official NRC position, opinion or guidance, or a written interpretation by the General Counsel under Title 10 of the Code of Federal Regulations (10 CFR) 26.7, Interpretations, on any matter to which the information may relate.

The opinions, representations, positions, interpretations, guidance, or recommendations that may be expressed by the NRC technical staff in response to your inquiry are solely those of the NRC technical staff and do not necessarily represent the same for the NRC. Accordingly, the fact that the information was obtained through the NRC technical staff will not have a precedential effect in any legal or regulatory proceeding.

From: aenloe@ameren.com[SMTP:AENLOE@AMEREN.COM]

Sent: Monday, April 11, 2011 3:38:47 PM To: FitnessForDuty Resource

Subject:

Response from "Contact Us About Fitness-for-Duty" Auto forwarded by a Rule Below is the result of your feedback form. It was submitted by (aenloe@ameren.com) on Monday, April 11, 2011 at 15:38:47 comments: 10CFR26.89.b.4 requires the collector to explain the testing procedure to the donor.

10CFR26.89.c also states that the collector shall inform the donor that if they refuse to cooperate in the specimen collection process Is it the intent of the regulation that the collectors verbally explain these items to the donor prior to the collection? Can the collector explain the process to the donor as the collection is proceeding?

Are read and sign attestations or computer based training completed right before the collection sufficient to meet the intent of the rule?

name: Aaron Enloe organization: Ameren Missouri Callaway Nuclear Plant address1: P.O. Box 620 address2:

city: Fulton state: MO zip: 65259 country: United States phone: 573-676-4300

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