ML13330B144
| ML13330B144 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 12/23/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Allen H SOUTHERN CALIFORNIA EDISON CO. |
| References | |
| NUDOCS 8612300061 | |
| Download: ML13330B144 (6) | |
Text
1tG UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-206 DEC 23 1986 50-361 and 50-362 Mr. Howard P. Allen Chairman and Chief Executive Officer Southern California Edison Company 2244 Walnut Grove Avenue P. 0. Box 800 Rosemead, California 91770
Dear Mr. Allen:
The purpose of this letter is to convey formally my support for any drug testing program implemented for Southern California Edison Company employees and contractors that contributes to the policy as described in the July 1986 Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel (enclosed). That Statement indicates that, at a minimum, an acceptable fitness for duty program at a nuclear power plant should include effective drug monitoring and testing procedures to provide reasonable assurance that personnel with access to vital areas of the plant are fit for duty.
While acknowledging the national debate on drug testing, it is expected that operating reactor licensees will take all reasonable precautions to ensure that drug use does not adversely impact the safe operation of nuclear power plants and the public's safety. I encourage the use of Constitutional and effective drug testing methods, as an element of comprehensive fitness for duty programs, to make sure that nuclear power plant personnel are and remain free from the effects of drug use. Licensees may choose to establish and administer proper and effective pre-employment, annual, for cause, accident, random, and other drug testing programs for their employees and contractors with unescorted access to vital areas in their nuclear power plants.
It is noted that your current testing programs have resulted in the identification of drug use by some persons with access to vital areas. I endorse and support Southern California Edison's efforts to implement a drug screening and testing program to be responsive to and consistent with the Commission's expectations.
Sincerely, ictor Stello
- r.
Executive Director for Operations
Enclosure:
Policy Statement 8612300061 861223 PDR ADOCK 05000206 P
Mr. Howard DEC23 1986 cc w/enclosure:
Mr. James C. Holcombe Mr. Hans Kaspar, Executive Director Vice President - Power Supply Marine Review Committee, Inc.
San Diego Gas & Electric Company 531 Encinitas Boulevard, Suite 105 101 Ash Street Encinitas, California 92024 Post Office Box 1831 San Diego, California 92112 Ann C. Vasques, Chief Radiological Programs Division Charles R. Kocher, Assistant Governor's Office of Emergency General Counsel Services James Beoletto, Esquire State of California Southern California Edison Company 2800 Meadowview Road Post Office Box 800 Sacramento, California 95832 Rosemead, California 91770 Alan R. Watts, Esq.
David R. Pigott Rourke & Woodruff Orrick, Herrington & Sutcliffe Suite 1020 600 Montgomery Street 1055 North Main Street San Francisco, California 94111 Santa Ana, California 92701 Mr. Stephern B. Alman Mr. S. McClusky San Diego Gas & Electric Company Bechtel Power Corporation P. 0. Box 1831 P. 0. Box 60860, Terminal Annex San Diego, California 92212 Los Angeles, California 90060 Resident Inspector/San Onofre NPS Mr. C. B. Brinkman U.S. Nuclear Regulatory Commission Combustion Engineering, Inc.
P. 0.' Box 4329 7910 Woodmont Avenue, Suite 1310 San Clemente, California 92672 Bethesda, Maryland 20814 Mayor Mr. Mark Medford City of San Clemente Southern California Edison Company San Clemente, California 92672 2244 Walnut Grove Avenue P. 0. Box 800 Chairman Rosemead, California 91770 Board of Supervisors County of San Diego Richard J. Wharton, Esq.
San Diego, California 92101 University of San Diego School of Law Director Environmental Law Clinic Energy Facilities Siting Division San Diego, California 92110 Energy Resources Conservation and Development Commission Charles E. McClung, Jr., Esq.
1516 - 9th Street Attorney at Law Sacramento, California 95814 24012 Calle de la Plaza/Suite 330 Laguna Hills, California 92653 Joseph 0. Ward, Chief Radiological Health Branch State Department of Health Services 714 P Street, Office Bldg. 8 Sacramento, California 95814
Mr. Howard P. Allen 3-DEC 2 3 1986 DISTRIBUTION:
NRC PDR Local PDR JGPartlow Reading DI Reading VStel lo JMTaylor RStarostecki JGPartlow RLSpessard PFMcKee JCunningham LBush JPMurray, OGC WOlmstead, OGC TDorian, OGC HRDenton HThompson GLear RDudley GKnighton HRood ACRS (10)
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- EDO NAME :JPartlow esp:JMTay1 r
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Federal Register / Vol. 51, No. 149 / Monday, August 4, 1988 / Notices 27921 Commission Policy Statement on abuse problems to be a social, medical the Commission has decided to defer Fitness for Duty of Nuclear Power and safety problem affecting every implementation of the rule subject to Plant Personnel segment of our society. Given the successful implementation of fitness for pervasivesiess of the problem it must be duty programs by the industry as AGENCY: Nuclear Regulatory recognlzei that it exists to some extent described in this Polic Statement. NRC Commission.
In the nuclear industry. Prudence, Is publishing a separate notice in the ACT~fOs Policy statement.
therefore, requires that the Commission Federal Register withdrawing the suMMARY: This statement presents the consider additional appropriate proposed rule, analyzing the comments NucearReglatrymeasures to provide reasonable on the rule, and explaning its intent to policy of the Nuclearassurance that a person who is under reassess the possible need for Commission (NRC) with respect to the influence of alcohol or any rulemaking after an 18-month period, if fitness for duty of nuclear power plant substance legal or illegal which affects circumstances warrant. The following personnel and describes the activities that person's ability to perform duties statement sets forth the Commission's that the NRC will use to execute Its rhtespnb will toese teelth and safely, Is not allowed access to a vital oliy on fitness for duty -and describes responsibilities to ensure the health andplant.
ow it will execute its responsibilities in safety of the public. To provide
. The nuclear power industry, with this area to ensure the health and safety reasonable assurance that all nuclear assistance from programs developed of the public.
power plant personnel with access to and coordinated by EEl and the Institute vital areas at operating plants are fit for f Nuclear Power Operations (INPO),
"'I7 Statement duty, licensees and applicants are has made and is continuing to make The Commission recognizs that the developing and implementing fitness for substantial progress in this area.
industry, through the initiatives of the duty programs using guidance of the u
Edison Electric Institute's (EEI's) "EE ac ound Ruce Citt ee an Guide to Effective Drug and Alcohol/
A Task Force on Drug Abuse ansoces made progress M,
fitness for Duty Policy Development" It Problems, Policies, and Prorams and h mpemenin remains the continuing responsibility of established In 1962 by EEl's Industrial utty mpoyee fitness for duty the NRC to independently evaluate Relations Division Executive Ad Mhe Commission stresses the applicant development and licensee Committee, published guidelines i importance of industry's initiative and implementation o fitnesis for duty to help the industry address the isiurof wishes to further encourage such self programs to ensure that desired lesilta how to establish comprehensive fitness are achieved. Nothing in this Policy.
for duty programs. They were o
e c u
e
-Statement limits NRC's authority or subsequently revised in 1985 as the "
Iust tte o ntin responsibility to follow up on Guide to Effective Drug and Alcohol n
operational events or its enforcement Fitness for Duty Policy Development" fitness for duty programs and NRC's authority when regulatory requirements and were provlded to all nuclear ability to monitor the effectiveness of are not met. However, while evaluating utilities.
those programs. the Commission will the effectiveness of this guidance, the A series of Em sponsored regional refrain from new rulemaking on fitness NRC intends to exercise discretion in conferences In the fitness for duty area for duty of nuclear power plant enforcement matters related to fitness in 1062 and 1963 provided a forum for personnel for a minimum of18 months for duty programs for nuclear power discussion of industry concerns related ve date of this Policy plant personnel and refrain from new to development and implementation of Statement. The Commission's decision rulemaking in this area for a period of at fitness for duty programs. Topics to defer implementation of rulemaking in least 18 months from the effective date addressed at the conferences included this area is in recognition of industry of this Policy Statement. The union participation, legal aspects, efforts to date and the intent of the Commission invitas interested members training, and methods for handling industry to utilize the EEl Guidelines in of the public to provide comments on controlled substances. An industrywide developing fitness for duty programs.
this policy statement conference sponsored by EEI in October The Commission will exercise this DATES: Effective Date: August 4.1 1985 provided the basis for additional deference as long as the industry Submit comments by November 3.1986 discussions on fitness for duty based on Programs Produce the desired results.
the current EmI guidelines which had However. the Commission continues to ADRESES: Comments should be sent been expanded to include information be responsible for evaluating licensee's to: Secretary of the Commission. U.S.
n chemical testing. As a result of efforts in the fitness for duty area to Nuclear Regulatory Commission.
NularRglto r Com missin, increased awareness in this area, the verify effectiveness of the industry Washington DC 20555, ATN:nuclear industry has worked to develo programs.
e Commission will reassess Docketing and Service Branch. Hand doeir aomns Seric Ranch Hand177 and implement improved fitness for duty the possible need for further NRC action deliverprograms.
ese programs concentrate based on the success of those programs Street NW.. Washington., DC between on the training of managers, supervisors, during the 18-month period.
8-15 a.m. and 5:00 p.m.
At the Commission's request, the FOR FURTHER INORMATION COWTACT and dealing with personnel potentially industry agreed to undertake a review of Loren Bush. Operating Reactor Programs unfit for duty.
the program elements and acceptance Branch, Office of Inspection and On August 5,1982 the Commission criteria for a fitness for duty program.
Enforcement. US. Nuclear Regulatory published in the Federal Register a EEl modified and issued the revised Commission. Washington, DC 20555.
proposed rule on fitness for duty (47 FR l Guideline to Effective Drug and telephone (301) 4924080.
3390). The proposed rule would have Alcohol/Fitness for Duty Policy SUPPLEMARY INO rmTIot required licensees to establish and Development." Further. INPO enhanced Introduction Implement written procedures for its performance objectives and criteria ensuring that personnel insa nuclear for its periodic evaluations to include The Nuclear Regulatory Commission power plant ar fit for duty. Due to the appropriate criteria for fitness for duty.
(NRC) recognizes drug and alcohol initiatives taken by the nuclear industry, Copies of the documents describing the maustpod reasonaEnclosure
federal Register / VoL
- No. 149 / Monday. August 4. 1968 / F es program elements and criteria for fitness Enforcemment are several reasons why I believe that for duty programs developed by the Violations of any applicable reporting this would be a better approach.
industry are provided to NRCfor review requirement or instances of a person The most important reason for my and comment.
being tinlit for duty sich that plant preference for a rule and specific The NRC will evaluate h safety is potentially affected will be guidelines is that a rule is enforeable effectiveness of utility fitness for duty subject to the enforcement process Any while a policy statement is not. With a programs by its normal review of NRC staff enforcement action pertaiing rule the Commission would have a clear industry activities, through reviews of to fitness for duty of nuclear power basis for enforcement action in all cases INPO pgran status and evaluation
-month in which a utility fails to establish and reports. periodic NRC observation of the grace period will be undertaken only maintain an effective ainess for duty onduct of INFO evaluations and direct with Commission concurrence.
program. The NRC has broad authority inspections conducted by the NRCis In addition to required reports and under the Atomic Enerv Act to take Performance Appraisal Teams, Regional inspections. Information requests under enforcement action by issuing an order Office, and Resident Inspectors.
10 CFR 50.5tWO may be made and should there be an immediate threat to will also monitor the progress of enforcement meetings held to ensure public health and safety. The ndi vdual licOee pidams.
u understanding of corrective actions.
Commission would also be able to take By way of further guidance to Orders may be lissed where necesay enforement action if it could tie a licensees. Commission expectations of to achieve Corrective actions on matters specific sinety problem to a Japse in the licensee programs for fitness for duty of affecting plant safety...
licensee's Bness for duty program.
auclear power plant personnel may be In brief. the NRCs decision to u fuowever, the Commission is unlikely to summnauized as follows:
discretion in enforcement to recognize be able to do so. For example, if a
- It is Commission policy that the sale.
Industry initiatives in no way changes maintenance worker makes a mistake in see. or possession of alcoholic the NRC's ability to Issue orders. call assembling safety equipment because he beverages or illegal drugs within enforcement meetings. or suspend
'i under the influence of drugs or alcohol protected areas at nundejr plant sites licenses should a significant safety and equipment later malfunctons. It is
- is unacceptable.
poblem be found.
unlikely that Ahe true cause of the
.It is Commission policy that persons
. Nothing in this Policy Statment shall mistake would be discoveed. In fact.
within protected areas al nuclear timit the authority ofthe NRC to conduct the problem would most likely be power plant sites shall not be under inspections as deemed necessary or to attributed to some defectin the worker's the influence of any substance. legal take appropriate enforement action training. Further. waiting until a specific or illegal. which adversely affects when regulatory requirements are not safety problem surfaces oran immediate their ability to perform thei? duties In met.
threat occurs and then trying to correct any way related to sety The separate views of Commissioner the fitness for duty program after the
- An acceptable fitness for duty b-.
Asseltie follow:-
factaisant the best way to ensqre 1hat program should at a minimum loclude This Policy statement is a step in the Boensees have effective fitness for duty the following essential elements:
right direction. Human arro is a.
programs.lmes. our general (1) A provision that the sale, ise. or dominant factor in the risk associated enforcement authority does not provide possession of illegal drugs within the
- ridth the operation of auCear power
-as with enoughfexibility to deal with protected area will result in plantLiiadequate fitnesrfor duty all potentialfitness for duty problems in immediate revocation of access to Program is essential to reduce the a timely manner. Absent aspecific Vital areas and disduliefom ndear chance that human error will be cased-aeant. it would not allow as to do much power plant activities. he use of by utility persarmel performing safety. -
of anything if a licensee simply has not alcohol or abuse of legal drugswithin related work in a drug or alcohol developed or implemented an adequate the protected area will resu in impaired state.his policy statements program. Tis policy statement immediate revocation of access to puts the Comisosion orecord as represents a continuation of the reactive vital areas and possible discharge endorsin the concept of adrug and approach to regulation which has so from nuclear power plant activities.
alcohol free workplace at plant sites, often failed in the past.
(2) A provision that any and that Is useful. The statement also A second reason for my preference for possession, or ase of illegal drus will gives some guidance on what the a rule with minimum guidelines is that result in I ediate revocation of Commission expects of licensee'Stness the policy statement is too amorphous.
access to vital areas. mandaton for duty programs. However, I believe Even the "specific!'guidance the rehabilitation prior to rnat that the Commission should have gone Commission does provide is fairly Access iand possible dischare from frh.
vague. The policy statement provides auclear power plant activitire Instead of merely issuing a policy little Insight into what the Commission
- 3) Effective monitorng and tie statement, the Commission should have considers to be an adequate fitness for profcve mitorigde esn promulgated a rule. he rule should be a duty program or what standard the staff P
dures to Provide reasonable relatively simple, nonprescriptive rule is supposed to use as it monitors the assurance that nuclear power plant which would do two things. First, it progress of the Industry over the next personnel with access to vital areas would prohibit anyone who is unfit for eighteen. months.
are fit for duty.
duty from being permitted access to The Commission should work together The industry, by periodic briefings or vital areas of plants. Second. It would with the laidustry to Identify the' other appropriate methods. is expected require licensees to have a program and essential elements of an adequate to keep the Commission Informed on procedures to ensure that no one who Is fitness for duty program. While the program status. The NRC may also from unfit for duty gains access to vital areas.
policy statement comments favorably time to time ask individual licensees to The Commission should then work with upon the EEJ guidelines developed by provide such information as the the industry to develop guidance on the industry, those guidelines are Commission may need to assess what are the essential elements of an optional not mandatory.The utilities program adequacy.
adequate ftness for duty program. There can, therefore, pick and choose among
Federal Register / Va i
No. 149 / Monday, August 4, 1986 A tices 27923 the various elements and decide For the Nucear Regulatory Commission.
Description of Respondents: These whether to include them in their Laud. W. Zuch. ir, forms describe the rights and programs. Moreover, the EEl guidelines
- Chaiman, responsibilities of the SBA, a lender.
themselves are quite general in nature.
(FR Doc.
17497 Filed 8:45 am) and the investor when the guaranteed and are subject to varying MILes om 76.1-0 portion-of a loan is sold.
interpretations. Absent further guidance Annual Responses: 3.20 on what is an acceptable fitness fpr duty Annual Burden Houx: 12,000 program, the utilities can and probably SMALL BUSINESS ADMINISTRATION Type of Request: Extension will adopt widely differing approaches
Title:
Profile of Score/ACE Volunteer on such elements as chemical testing Agency Information Collection with international bade experience and offsite drug use. Not all approaches Activities Form no. SBA 10 are likely to be acceptable. The Frequency: On occasion Commission should not wait until 18 rqiremnti of pore Description of Respondents: Information months from now, when all the utilities is collected by SCORE/ACE chapters are supposed to have their programs in S5Jmr. Under the provisions of the when new members join the place, to let the industry know whether Paperwork Reduction Act (44 U.S.C.
organization, if they have the Commission agrees with what they Chapter 35), agencies are required to international trade experience.
have done. The Commission and the submit proposed reporting and Annual Responses: SW Industry ought to decide now which secrdkeeping requirements to 0MB for Annual Burden Hours: 34 elements are absolutely essential to an review end approval, end to publish a Type of Request-Extension adequate program. and then everyone notice in the Federal Register notifying Tite: Financial assistance request to will be working from a common base of the public that the agency has made participate in International Trade understanding.
such a submission.
Exhibition or mission The Commission and the in dustry DATE Comments should be sitbmnitted Form no. SEA 1389 should also establish the specific criteria within 21 days of this publication in the Frequency-. On occasion
--against which individual licensee Federal Register. If you intend to Description of Respondents: The programs will be evaluated so that the comment but cannot prepare comments information requested is necessary for ground rules for evaluating programs
-promptly.
please advise the OMB
~
SEA to evaluate a firm's eligibility to end for monitoring piogressiwill be in Reviewer and the Agency Clearance
-'eceive a grant or financial assistance place before the 28 month monitoring-Officer before the deadline, to participate in an international trade period begins. Absent suchruidelines it Copies ch Copies of forms, request for exhibtion or mission.
Is difficult to see how INPO and NRC clearance (SYF. 83s). supporting Annual Responses: 100 staff reviews of these programs will statements, instructions, and other Annual Burden Hours: 175 provide any meaningful insights as to documents submidtted to 0MB for review Type of Request: Extension their adequacy.
may be obtained from the Agency
Title:
Client Export File Thu, t enureenfrcebiltyto et Clearance Officer. Submit comments to Form no. SEA 1174 The.
pounre infdceani to s9 the Agency Clearance Officer and the Frequency: On occasion
.he grecvene Dsrpi of aepnds Theis ensure that all utilities meet at least a VRFRHR"KR"IN OT~.
Dsrpino epnet:Ti minimum set of standards, I believe the en Inormatioinformation is necessary in order to Commission should issued a rule and Agency Clearance Officen Richard identify the firm's needs and is used should establish guidance, in Vizachero, Small Business' to create a program of export cooperation with the industry, on just Administration, 1441 L Street. NW.
development for the small business exactly what are the essential elements Room 200. Washington, DC 20418, requesting counseling in interational of a fitness for duty program.
Telephone: (202) 653-r53 trade.
The additional views of the PMB Reviewer Patricia Aronsson Annual Responses: 5,000 Commission follow:
Office of Information and Regulatory Annual Burden Hours: 850 Affairs Office of Management and Type of Request: Extension sudget, New Executive Office
Title:
Personal Financial Statement Commissioner Asselstine's grt Building, Washington, DC 20503.
Form no. SBA 423 concern about the legally non-binding Telephone:i(ce2) 395-7231 Frequency: On occasion character of the policy statement per se.
Title:
Executive Qualifications Description of Respondents: This The Commission's hands are not tied ifComme should be sebmitted shouldd iasoequabhth o
pcic riteri Quthinnaire Ioformatiopublucationassintthe itaginst i owca ndupliice icy Frequency: On occasion Agency in determining the financial stghorinas d
The Atomici nlrgyAc Description of Respondents: This strength of an individual for a loan or programs willhe Aluat so tAt t information is requested from loan guaranteed by SBA.
confers broad authority for the applicants for SES positions to assist Annual Responses: 7500 Commission to take prompt enforcement in evaluating qualifications for a Annual Burden Hours: 76.5 action should any licensee facility. in vacancy.*
Type of Request: Revision the Commission's judgment, not be Annual Responses: 400
Title:
Inquiry Record operated in a manner that protects the nual Burden Hours: 400 Form no. SEA 149 public health and safety. A policy Type of Request: Extenion Frequency: On occasion statement, at this juncture, offers the
Title:
Secondary Participation Guaranty Description of Respondents This quickest means to achieve the end we and Certification Agreement and information is required at the time of all desire.
Request for Certification interview so that the applicant can Dated at Washington. D - this 0h day of Form nos. SA 1085, 1088 communicate the loan needs to July issio.
Frequency: On occasion agency, end to determine the size and shoud esablsh gidace, n Viachro, mal Busnes