ML16341F684

Requests Addl Info Re 900313 Request for Exemption from Requirement of 10CFR26 on Behalf of Certain Employees at Plant for Consideration in Review

ML16341F684
Person / Time
Site:	Diablo Canyon
Issue date:	04/23/1990
From:	Partlow J Office of Nuclear Reactor Regulation
To:	Dalzell T INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Shared Package
ML16341F682	List: ML16341F681 ML16341F684 ML16342B667
References
NUDOCS 9005010294
Download: ML16341F684 (16)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 APR 23 1930 Thomas Dalzell, Esq.

International Brotherhood of Electrical Workers, AFL-CIO, Local 1245 3063 Citrus Circle P.O.

Box 4790 Walnut Creek, California 94596

Dear Mr. Dalzell:

RE:

International Brotherhood of Electrical Workers

( IBEW) Exemption Request, dated March 13, 1990 Samuel J. Chilk, Secretary of the U.S. Nuclear Regulatory Commission (NRC), in a letter dated March 30, 1990, informed you that your request for an exemption from the requirements of 10 CFR Part 26 on behalf of those employees at the Diablo Canyon Nuclear Power Plant who are represented by certain unions was referred to the NRC Executive Director for Operations pursuant to 10 CFR 2.272(h).

The Office of Nuclear Reactor Regulation has been asked to respond to your request.

Before we act on the request, we ask that you provide any additional written comments or material that you would like the NRC staff to consider during our review.

We have also informed Pacific Gas and Electric Company about the request because an exemption, if granted, would apply to its

license, and thus, it is an "interested" party whose views may be relevant to our review.

In your letter of March 13, 1990, you also requested copies of certain documents related to the development of 10 CFR Part 26.

Mr. Chilk's letter provided you some information on the avai labi lity of those documents.

We would like to inform you that, in addition to the documentation r elating to Item 5 of your

request, the information you requested from Items 1, 4, and 6 may also be found in the Commission's Public Document Room (PDR) located at 2120 L Street N.W.,

WIashington, D.C., lower level.

Information contained in Item 1 was based upon information summarized in Inspection Report 50-206/86-47, 50-361/86-36, and 50-362/86-35 concerning the November 1986 inspection of Southern California Edison fitness-for-duty safety program.

The information contained in Items 4

and 6 are from NUREG-0525, "Safeguards Summary Event List."

Information contained in Item 2 was provided by a licensee that requested that its identity not be revealed.

Item 3 was a conclusion that the NRC reached after inspecting eight facility programs and after having discussions with several other licensees and with the Nuclear M!anagement and Resources Council (NUMARC).

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0 Thomas Dalzell, Esq.

So that we can act on your request in a timely fashion, we would appreciate any additional information, or notification that you have no further information, within 30 days of receipt of this, letter.

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UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 EDO Principal Correspondence Control FROM:

DUE: 04/16/90 EDO CONTROL: 0005296 DOC DT: 03/13/90 FINAL REPLY:

TOM DALZELL, STAFF ATTORNEY INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS TO:

SECY FOR SIGNATURE OF

'XECUTIVE DIRECTOR DESC:

GRN CRC NO:

ROUTING:

REQUEST EXEMPTION FROM REQIREMENTS OF 10 CFR 26 FITNESS FOR DUTY PROGRAMS%

FOR EMPLOYEES OF PG&E'S DIABLO CANYON NUCLEAR POWER PLANT DATE: 03/27/90 TAYLOR THOMPSON BLAHA MARTIN, RV

SCINTO, OGC ASSIGNED TO:

NRR CONTACT:

MURLEY SPECIAL INSTRUCTIONS OR REMARKS:

COORDINATE WITH OGC.

PROVIDE RECOMMENDATZON TO COMMISSION PER NOTE ON SECY TICKET.

NRR RECEIVED:

MARCH 27, 1990 I"-ACTION:.-'-:"""='R IS:.. GRIMES NRR ROUTING:

MURLEY/SNIEZEK PARTLOW MIRAGLIA CRUTCHF IELD G ILLESP IE MOSSBURG

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From:

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Date Ltr IBEW Dalzell to'h'ilk a 1 in for an exem tion from the re uirements of 10 CFR Part 26 (Fitness-for-Dut Pro rams...

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Return original of incoming with response Referred to EDO per OGC Gk Forappropriateaction Recommendation Due to Commission by:

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Remarks:

GPA ANDY BATES A D For the Commission:

'Send three (3) copies of reply to Secy Mail Facility NRC+2A ACTION SLIP

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LOCAL UNION PO. Box 4790 Walnut Creek CA 94596 3063 Citrus Circle 415 933.6060 FAX 415 933.0115 USHRC

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International Brotherhood of Electrical Workers, AFLCIO Samuel J. Chilk, Secretary United States Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Chilk:

Jack McNally Business hfanager Howard Stiefer President By this letter, I apply for an exemption from the requirements of 10 CFR Part 26 [Fitness-For-Duty Programs; Final Rule and Statement of Policy]

for employees at the Pacific Gas and Electric Company's Diablo Canyon Nuclear Power Plant in Avila Beach, California, who are members of the collective bargaining units represented by Local

1245, International Brotherhood of Electrical

Workers, AFL-CIO, and the Engineers and Scientists of California, MEBA, AFL-CIO.

This application is based upon a number of factors, including but not limited to the following:

The safety record of Diablo Canyon is excellent.

The plant design

features, redundancy of safety systems and work procedures on vital equipment, and extensive training for unexpected equipment and personnel malfunctions, all leave Diablo Canyon virtually fail-safe as far as the actions of a single individual are concerned.

2.

PG&E's Fitness for Duty policy which was in effect at Diablo Canyon prior to January 3, provided a far more accurate gauge of an employee's fitness for duty than the NRC-mandated

program, without the substantial invasion of employee rights inherent in the NRC program.

3.

There is no evidence of drug use or alcohol abuse by PG&E employees at Diablo Canyon.

4.

The NRC rule as applied to Diablo Canyon covers hundreds of

workers, primarily

clerical, who do not have access to radiologically controlled areas or vital access areas of the plant, and whose work never brings them into contract with systems or equipment whose failure could create challenges to safety systems or complicate the response to off-normal conditions.

Prior to Commission action on this application, we request a hearing to consider the above, as well as to consider the basis for the Commission's assessment of the scope of the drug and alcohol problem in the nuclear power industry.

Specifically, we would like to review immediately the following documents referred to in the Federal Register, June

?, l989, page 24469:

EDo 005296

Samuel J. Chilk March 13, 1990 Page Two 1.

Data provided by one licensee indicating that 47 of approximately 4,000 random tests of employees were positive, 4 percent of the applicants for employment have tested positive for drug use, and 30 employees and 60 contractors tested positive for cause; pre-access testing of nearly 12,000 contractor personnel resulted in a 5 percent positive rate.

2.

3.

Data provided by another licensee reporting that approximately 2 percent of approximately 5,000 tests of employees and contractors were positive, 179 persons tested positive for cause, and that the drugs involved included PCP, marijuana,

cocaine, amphetamines, barbiturates,

alcohol, and other drugs.

The basis for the Commission's assertion that nationally, among licensees implementing random drug testing programs, an average of around 1

percent of the random tests are positive.

4.

The basis for the Commission's assertion that in the first nine months of 1988 there were 387 events involving drugs and alcohol reported to the NRC.

5.

The basis for the Commission's assertion that during 1988, 11 licensed reactor operators were reported as being involved with drugs and two were reporting as abusing alcohol.

6.

The basis for the Commission's assertion that the number of significant events reported to the NRC that involve drug use or abuse has been increasing dramatically since 1985, that there was a 44 percent increase in reported events between 1985 and 1988, and that a 73 percent increase was experienced in 1987.

Please advise us as to all applicable procedural and scheduling issues.

Thank you for your attention to this application.

Sincerely, 7&1)IH Tom Dal ll Staff Attorney

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 March 30, 1990 OFFICE OF THE SECRETAR Y Tom Dalzell, Esq.

International Brotherhood of Electrical Workers, AFL-CIO, Local 1245 P.O.

Box 4790 3063 Citrus Circle Walnut Creek, California 94596 RE:

Exemption Request Dated March 13, 1990.

Dear Sir:

I have received your letter dated March 13,

1990, requesting "an exemption from the requirements of 10 C.F.R. Part 26..." on behalf of those employees at the Diablo Canyon Nuclear Power Plant ("Diablo Canyon" ) who are represented by Local 1245 of the International Brotherhood of Electrical Workers, AFL-CIO, and the Engineers and Scientists of California, MEBA, AFL-CIO.

However, the Commission regulations in Part 26 are directed against Commission licensees, and are not imposed directly on employees of licensees.

Therefore, I interpret your letter as a request that the Commission grant an exemption to Pacific Gas

& Electric

("PG&E") under 10 C.F.R. 26.6, exempting PG&E from mandatory application of the requirements of 10 C.F.R. Part 26 to those designated employees at its Diablo Canyon facility.

Requests for exemptions from the Commission's regulations are properly reviewed by the NRC Staff, not by one of the Commission's adjudicatory panels or by the Commission itself.

Accordingly, I have referred your request for an exemption under 10 C.F.R. 26.6 to the Executive Director for Operations pursuant to my authority under 10 C.F.R. 2.772(h).

Any further communication relating to this exemption request should be addressed to Dr. Thomas E. Murley, Director, Office of Nuclear Reactor Regulation, and should be clearly designated with the heading "Docket Nos. 50-275/50-323 Fitness for Duty Exemption Request."

Copies should be served on counsel for PG&E.

Obviously, PG&E is an "interested" party and the Staff will request a response from PG&E which should be served upon you.

In your letter, you also requested a hearing on the proposed exemption.

However, until the Staff has acted on your request for an exemption, any consideration of a hearing is premature.

You also indicate that you wish to challenge "the basis alc for the Commission's assessment of the cohol problem xn the nuclear power indust

." I o

e scope of the dru and that, statement as a request fo th es or e Commission to reconsider C.F.R.

2.772 h

I or amend Part 26.

Accordingly under m

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( ), I have referred, that portion of your y au ority in 10 request to the NRC Staff as a Petition for Rulemakin to be 2.800 et se Y

conducted pursuant to the procedures f d i es oun n 10 C.F.R.

~se ou should perfect your petition within nint in corn (90) days by filing specific requested amend t t pliance with the requirements of 10 C.F.R.

en men s to Part 26 should address that petition to.

2.802.

You Mr. Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services Off'

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ice of Admxnistration and Resourc M

es anagement

.S. Nuclear Regulatory Commission, C

Washington, D.C., 20555, Attention: Chief, Rules and Procedures Branch.

qu p

o docum n son Finally, you have requested co ies ing e a option of 10 C.F.R. Part 26.

Port'hat documentation relating to Item 45 of b

fo d i th Co e

omm1ssion's Public Document Room ("PDR"),

located at 2120 L Street, N.W., Washington D.C. (l ques has material directly from the level).

You may re est t There will be a photocopying charge.

The bulk of the re is not zn the PDR.

maining materzal you have request d

However, that. material is subject to a e

("FOIA")

5 U.S.C.

552 et se a

request for records under the Freedom of Inform t'rma son Act e

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and the Commission's regu a

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You should address such regu a sons, 10 C.F.R. 9.11 et se Mr. Donnie H. Grimsley, Director Division of Freedom of Information and Publication Services Office of Administration and Resourc M

sources Management U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention: Chief, Freedom of Information Branch

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