ML17263A998
| ML17263A998 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 03/27/1995 |
| From: | Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Mecredy R ROCHESTER GAS & ELECTRIC CORP. |
| References | |
| NUDOCS 9504040049 | |
| Download: ML17263A998 (5) | |
See also: IR 05000244/1994028
Text
i"rRiMckj. J.
1
REGULATORYi.'ZHRG68%EMFlj}ZBTBMUTIONSYSTEM (RIDS)
I
ACCESSION NBR:9504040049
DOC.DATE: 95/03/27
NOTARIZED:
NO
DOCKET
FACIL:50-244 Robert
Emmet Ginna Nuclear Plant, Unit 1, Rochester
G
05000244
UTH.NAME
AUTHOR AFFILIATION
HL,C.W.
.
Region
1 (Post
820201)
RECIP.NAME
RECIPIENT AFFILIATION
MECREDY,R.C.
Rochester
Gas
& Electric Corp.
SUBJECT:
Ack receipt of 950213 ltr informing NRC of steps
taken to
correct violations noted in insp rept 50-244/94-28
on
941121-22.
DISTRIBUTION COD": IEISD
COPIES
RECEIVED:LTR
/
ENCL /
SIZE:
TITLE: Fitness for Duty Program Inspection Report
NOTES:License
Exp date in accordance
with 10CFR2,2.109(9/19/72).
05000244
(
R"CIPIENT
ID COD /NAME
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TOTAL NUMBER OF COPIES
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8
ENCL
8
March 27,
1995
Dr. Robert
C. Mecredy
Vice President,
Ginna Nuclear Production
. Rochester
Gas
and Electric Corporation
89 East Avenue
Rochester,
NY
14649
SUBJECT:
INSPECTION 50-244/94-28
Dear Dr. Mecredy:
This refers to your February
13,
1995,
correspondence,
in response
to our
January
13,
1995 letter transmitting
a Notice of Violation for a Fitness-for-
Duty (FFD) violation.
The violation was classified at Severity Level III.
Your letter states,
in part, that
RG&E does not dispute the fact that
a
violation occurred;
however,
you point out that your staff identified the
violation prior to the reactive
NRC inspection of November 21-22,
1994.
In
addition,
you also stated that you continue to question
the appropriateness
of
the Level III severity assigned,
given the perspectives
on significance.
In our view, your staff identified the failure of your fitness-for-duty
program to provide for statistically
and unpredictably
random drug
and alcohol
tests
on certain shifts
and at certain times only after the
NRC staff
questioned
the implementation of these
parts of your program during several
telephone
discussions
after you reported the initial positive test
by
a member
of your security force.
We acknowledge that the scope
and depth of the
problem
had
been developed
by your staff by the time of the reactive
inspection of November 21-22,
1994,
and that prompt and comprehensive
actions
were taken or planned to correct the violation.
This, in part,
was
a basis
for not imposing
a civil penalty in this matter.
However,
our inspector's
review of the
FFD program permanent
record
book enabled
us to confirm the
failure to implement
unannounced
drug
and alcohol tests
in a statistically
random
and unpredictable
manner
so that all persons
in the population subject
to testing
had
an equal probability of being selected
and tested
in accordance
with 10 CFR 26.24(a)(2).
Therefore,
although you identified the positive drug
tests of security employees,
and ultimately the weaknesses
in your backshift
and weekend/holiday testing
program,
the
NRC maintains that it was only after
considerable
questioning
by the
NRC.
With respect to your questioning of the classification of the violation at
Severity Level III, the
NRC notes that,
since the violation represented
a
breakdown in the control of the
FFD program at your facility, a significant
concern to the
NRC, Level III is the appropriate severity level.
The
significance of the violation was illustrated when, during your implementation
of mandatory
drug testing following identification of this violation, another
security employee,
who also normally worked regularly on night shift, tested
positive.
9SoeaeOOe9
9SOSm'DR
ADOCK 05000244
8
Dr.
R.
C. Hecredy
In view of the
above,
we assert
that the severity level of the violation is
correct
and
in accordance
with the
NRC's
Enforcement
Policy.
Thank you for
documenting corrective and preventive actions in your letter.
These actions will
be examined during
a future inspection of your licensed
program.
Your cooperation with us is appreciated.
Sincerely,
Originai
8~9~~
gyp(~ge
~Pl. H8~lt
Charles
W. Hehl, Director
Division of Radiation Safety
and Safeguards
Docket No. 50-244
CC:
R. Smith, Senior Vice President,
Customer Operations
Central
Records
(7 copies)
Director,
Energy
and Water Division
State of New York, Department of Law
N. Reynolds,
Esquire
State of New York,
SLO Designee
Dr.
R.
C. Hecredy
Distribution w/encl:
Region I Docket
Room (with concurrences)
W. Lazarus,
S. Stewart,
H. Oprendek,
Nuclear Safety Information Center
(NSIC)
D. Screnci,
PAO (2)
NRC Resident
Inspector
PUBLIC
Distribution w/encl
(VIA E-MAIL):
A. Johnson,
PH,
W. Dean,
OEDO
T. Marsh,
Inspection
Program
Branch,
NRR (IPAS)
M. Campion,
ORA
.r,w~
DOCUMENT NAME:
G:iFRSSB.GRPiG
NA.RL
To recehre a copy of this document, Indicate In the box.
" = Copy without attachment/andoeura
E
~ Copy with attachm
t/enclosure
"N" l
No copy
OFFICE
NAME
DATE
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03
95
RI/
RI/DRS
SMI
JOYNER
03 2+
5
03
/95
OFFICIAL RECORD
COPY
03
95
D
S
Hehl
03/g
/95