ML17329A551

Requests Details Re Circumstances Surrounding NRC Licensed Operator Testing Positive for Cocaine Following for-cause Drug Test on 920625.Licensed Operator fitness-for-duty Questionnaire Encl

ML17329A551
Person / Time
Site:	Cook
Issue date:	07/08/1992
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG
References
NUDOCS 9207140302
Download: ML17329A551 (7)

Text

'o.

JUL 08 j992 Docket No.

50-'315 Docket No. 50-316 Indiana Michigan Power Company ATTN:

Mr. E.

E. Fitzpatrick Vice President Nuclear Operations Division 1 Riverside Plaza

Columbus, OH 43216

Dear Mr. Fitzpatrick:

I

SUBJECT:

LICENSED OPERATOR POSITIVE COCAINE TEST Your facility reported on June 26, 1992, that an NRC-licensed operator tested

'ositive for cocaine following a for cause drug test taken on June 25, 1992.

Please provide the details of the circumstances pertaining to this occurrence, answers to the questions listed in Enclosure 1 to this letter, and other records and information on this employee's past fi.tness for duty which are relevant to the occurrence.

Any other information that you think is pertinent or useful regarding this incident would be appreciated.

The information in your reply to this letter will be evaluated to.see if further action by the NRC pursuant to 10 CFR 55 is warranted.

A.copy of 10 CFR 55 amendments which were effective on December 16, 1991, is included as Enclosure 2.

The information supplied will be maintained in NRC Privacy Systems of Records-16, and it will be subject to the Privacy Act. If you have any questions, please feel free to contact me at (708) 790-5788.

Your cooperation is appreciated.

Sincerely, See Attached for Enclosures and Distribution ORetIAL SlGNKO BY HUBERT j. Mls H. J. Miller, Director Division of Reactor Safety

'III RIII NRR RIII RIII RIII Bb di6k/mab 07/8/92 Jo 07 gensen o p/92 l'207140302

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Enclosures:

1.

Licensed Operator Fitness-For-Duty Questionnaire 2.

Federal Re ister, Vol. 56, No. 135, dated Monday, July 15, 1991 (Excerpt)

Distribution:

cc w/enclosures:

A. A. Blind, Plant Manager P.

F. Carteaux, Training Department

, R.

M. Gallo, NRR/LOLB DCD/DCB (RIDS)

OC/LFDCB Resident Inspector; RIII James R. Padgett, Michigan Public Service Commission EIS Coordinator,

USEPA, Region V Office Michigan Department of Public Health D.

C.

Cook LPM, NRR

ENCLOSURE 1

Licensed 0 erator Fitness-for-Dut uestionnaire Indiana Michigan Power Company is requested to provide the following information concerning the Fitness-for-Duty occurrence of June 25,

1992, regarding the involved licensed operator:

1.

Name and responsibilities of the operator involved.

2.

The date(s) the operator was tested, and the date(s) that the test(s) were confirmed positive for cocaine under your Fitness-for-Duty Program.

3.

Whether the operator used/consumed, sold, or possessed illegal drugs or alcohol within the protected area.

4.

Results of previous fitness-for-duty testing involving the operator.

5.

Whether the operator was at the conrols or supervising licensed activities while under the influence of cocaine.

~6.

Whether the operator was involved in procedural errors which resulted in, or exacerbated the consequences of, an emergency classified as an Alert or higher.

7.

Your intentions with regard to the operator's resumption of duties under the Part 50 and Part 55 licenses, including plans for followup testing to demonstrate that the operator has remained drug and alcohol-free.

8. If the operator is still employed.by Indiana Michigan Power Company, you are expected to review the operator's medical qualification and are expected to take one of the following two actions:

(a) If it is determined that the licensed operator no longer meets the medical qualifications described in 10 CFR 55.33(a)(1),

then you should notify the NRC via letter of the licensed opertor's incapacitation in accordance with 10 CFR 55.25.

For example, a

notification to. the NRC would be required if a determination is made as part of your employee assistance program, in consultation with your designated physician, that the licensed individual can no longer meet the medical criteria of ANSI/ANS 3.4-1983.

(b) Ifit is determined that the operator meets the requirements of Section 55.33(a)(l),

then you should submit a medical certification on NRC Form 396 in order to allow the NRC to confirm that the operator's medical condition meets the requirements of Section 55.33(a)(1).

Your submittal should also include documentation describing the basis regarding the designated physician's conclusion that the individual meets the general health requirements of ANSI/ANS 3.4-1983 and does not have a disqualifying condition under section 5.3 of that standard.

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9. If the operator is no longer employed by Indiana Michigan Power

Company, you are expected to provide notification to the NRC of license termination per 10 CFR 50.74.

ENCLOSURE 2

Fehnal Register / VoLI, No. 135 / Monday, July 15, %991 / Rules and Regulations compHed by the Deparbucnt. we have determined that this rule willhave an effect on thc e'conomy oflese than F00 miHiorxwN not cause a maJor increase in costs or prices for conluners, individual hdistrics, Federal, State. or local government agcndes. or geographh regions: and wQ1 not cause a slgniflcant'adverse effect on competition, employment, fnvcstment.

productivity, hnovation. or on the abifltyofUnited Statcskcsed enterprises to compete with forcign-based cntcrprfscs in domcsth or export marketL For this actfon. the Office of Management and Budget has waived the review process required by Executive Order 12291.

Cattle moved interstate are moved for ahughter, foruse as breeding stock, or for feedhg, Cbanghg the status of Oklahoma from Class B to Class h reduces certah tcsthg and other reqllirccients governing tbe intcfstata movessent ofcattle fram Okhhoma However, cattle from ccrtifled brcceBosis-free herds movhg hterstate are not affected by this change.'hc prhcipal group affected willbe the owners ofnoncertified herds in Oklahoma not known to be affected with bruceUosis who seek to sell cattle.

There are an estimated 62.000 herds in Okbihoma that couM potentially be affected by this rule change. Wa estimate that 99 percent of these herds are owned by small entitieL During fiscal year 1990. Oklahoma teated

~3 eHgible cattle at Bvestock markctL We esthuite that approximately 15 percent ofthis testing was done to qualify c'attic forinterstate movement forpurposes other than slaughter. Testhg costa approxhnatcly SX50 pcr head. Since herd siies vary,.

larger herds wfBaccumulate more savhgs then smaBer herdL Also. not aB herd owners willchoose to market their cattle ina.way that accrues these costs aavhgs, The overaH effect ofthis rulc on email ciflticsshould bc to provide very amaB economfc bcneflt.

. Therefore, we beHeve that changing Oklahoma's bruceBosis stitus willnot aigniflcantly affect maiket patterns, and wiHnot have a efgnfflcant economic impact on the smaH cnHtfes afFected by this nba Under these cinximstanccs, the Administrator ofthe hnhuil and Phmt Health InipccHon Service has determined that this acloa wQInot bave a iigniflcant econondc imyectoa a.

substantial nmnber of cntitfcL

'aperwodc Redaction hct This rule contains no new hformation collection or rccordkccping requirements under the Paperwork Reduction Actofl9tof44USC.3501 ct sef.).

Executive Order 12S2l

, 'Ihis program/actbrity is Bated Q the

'atalog ofFederal Domestic Assistance under Not. iM2$and is sub Ject to Executive Order 12322, whkb requires State and local ofaciclL (See 7 CFR part 3015 aabfiart V.)

KbtofSub Jccts h g CFR Parf yg Animal diseiises. Brucelhsis, Cattle.'ogs, Qweanthc, Tsansportathn.

PART h

, we are adopthg as a finalale, wi ut change, tbe htcriia rule

'CFR78.41 (b) and (c) that was pub ed at 56 FR 13y50-13151 on Ape 4, 199L Authority. 2L US.C 11M14a-1.1Mg, 113.

1'. 120. 12t, 123-126. 134b. may CFtt 2.n'.

Ws. and 3SLsfdj.

Doae in 1Vasbhglon. DC &40th day of Jsly teer.

James W. Gieeeer, Ad'mM¹rzrtor.AnEmefandRbrrtÃeeNt lnspectke Servica fpttDoc.91-16r62tUedy-13-91; aCS ~)

10 CFR Parte 2 atuf 55 RN 3t5(MO55 Cpeeatora'Ucaneea Aoascv: Nuclear Regulatory Commission.

Acted: anal rule.

eMWtAae The Nadeas Regulatory Commission PQQ is amendhg its regula6ons lo apery that the ooruBHone and cuto6 levels established pursuant to

'the Coauaisiioa'a FitneaafaH7eg Programi'are appBcable to Bccnsed opcratore as ccc'uBthne oftheir Bcanl.s.

The finalrulc provfdes a basis fortakhg enforcemeat acthne agahsst Bcensed opcratoea [1)Wbo cee diugs or aicobol in a manner that wouM exceed the cutofflevels omttahad in 8e5tnesi4or-duty nile, (2) wbo are determined by a fa meBcaf revfesvofficer PKO) to be cider the influence ofany that cot8d adversely affect hfs'or her aMityto safely and competently

'erforms Bcensed duties, orP) <<4o se5, usc, or possess iHcgel drugs. The fina}

rulc wiH ensure a safe opcrathm8 envtronmeat for the performance of aH Bcensed activlflcs by providing a dear understanding to Hccnsed operators of the seventy ofviolathg requIrements govcrnhg drug and alcohol use and sllbstancc abuse.

R~CAVtOAVa August 14, 1991.

FCHl FUtrTHHt NFOIWATlottCOKTACT:

Robert M. Callo. Chief, Operator Gcensing Branch, Office ofNuclear Reactor Regulation. US. Nuclear Regulatory Commission. Washington.

DC20$ $$. Telephone: @01) 492-1031.

avfpLEssastvAav NF0AQATKuc Sackgiound On June 1,19t6 (54 FR 24466), the NRC issued a new 10 CFR part 26. entitled "Fitncss4x Duty programs," to require licensees authorised to construct or operate nacker power reactors to implement a fitness-for-duty program.

Thc general objective ofthis program is to provide reasonable assurance that nuclear power plant personnel will perform their tasks in'a rcBable and trustworthy manner. and not under the hfluence ofany prcscripGon. over.the-

".counter. or 10cgcl substance that h any

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way adversely affects their aMityto safely and competently pciform their duties. ABtncss-forty program.

developed under the requirements of this rule, is htcndcd to create a work cnvinximcnt that is free ofdrugs and alcohol and the effects oftbe usc of these substances.

On hpril11.1990 ($$ FR 14286). tbe NRC pubBshcd in the Federal Register proposed ameiidmcnts to 10 CFR part 5$

to specify that the conditions and cutoff levels estsbBshed h 10 CFR part 26, "Fitness-foc4hty Programs," are appHcable to Bcensed operators as a condition oftheir Bcenscs. These amendments also provide a basis for taking enforccmcnt action against Bccnscd operators who violate 10 CFR part 26. The proposed nde also described contemplated changes to the NRC enfcacemcnt poBcy. The comment, period ended on July 2, 199a The Coinmfssion fs adding spccific conditions to operator Bcenses issued

'nder 10CFR part 5$ to make fitness-for4uty requirements erectly appBccMe to Bcenscd operators, hs pohted out in the supplementary information accompanying the pronndgstfon of10CPR part 26. the ackntEc evidence shows conclusively that significcnt dccremcnts in and physical perfonnance reset m

the csc ofBHcitdrugs as wcH as &om the use and rrdsusc ofprescripflon and over-th~untcr drags. Given the addictivc and faipctring natu'f

SX068 Fadarrd Ragtslar /

55. No. 135./ Monday. /rdy 15. 1991 / ls and Rsgrdagons enfcyzceeient policy (Appendix C to 10 CFR pert 2) in con)unction with!he Goal tmeklng as described below.

In cises involving a Bcensed operator's failure to meet appBcabla fitncss-forduty requirements (10 CFR'$

$3Q)). tha NRC may Issue a nothe of violation or a civilpenalty to a Bcensed operator, or an order to suspend, modify or revoke the license. These actions may be taken the Grat thne a Bcensed operator fails a drug or alcohol test, that is, n'calves a confirmed positive test that exceeds the cutoffleveIs of 10 CFR I'rt28.or the facIBty Bcensee's cutoK evcls. Iflower. However. normally only a notice ofviolationwIIIbe hsued. for the Grat confhmtd positive test in the absence ofaggravating chcumstanc'ea such as errors In the ptzfoznience of Bccns'cd'dutlcL In additions the NRC Intends to Issue an order to suspend the part 5$ Bcense for up to three years the second time an hidlviduaI exceeds those cutofftevelL Ifthue aze less than thee'years rtmahing In the tenn ofthe individual Bccnse, the NRC may consider not renewing the individual Bcense or not hsuhig a new Bcensa until the three-year period is compltteL The NRC hztends to h sue an order to zevoke tha pert 5$ Bccnse the thhd thne azi

- - Wdividual exceeds. those cutoIF levelLh Bcenstd operator or eppBcant who fuses to paztidpate In the drug and lcohol testhig programs estabBshed by the fadBty hcensee or who'Ishzvolved in the sale, use, or possession.of an Illegal drug h subfect to Bcense suspension. revocation. or denial.

To assiit in dttezzninlng the severity leveb ofpotential violations, 10 CFR pert 2. appendix G,. ~lcmtnt LIs modIGePto provide a Scvnity Level E example ofa Bcensed operator or senior operator hzvolved in procedural tzroza which result In.or exacubate the

. consequences of, an aler or highu)evd eusergency and subsequently receiving a conGzmed positive test fmdrugs or alcohoL two Severity Lev61I exiunples of{Qa licensed operabefnvokvedha the sale. use, or possession ofIllegal drugs or the conlinaptha ofalcoholic beverages withhzthe protected eztaa ce (2) a Bcenstd olieratoror seniors '.

operator hzvob/ed hz procedure erzoza and subsequently zecei a confizmed poaltiv'e teat for dzugs or and a

'everity Level IHexampks ofa licensed operator's conGzmed positive test'for drugs orakohol that does not r'cauli in a Severity Level E or IEvhhtioa.

'ummmy ofPOMIc Cocenlzzta..

. Lettua ofcomment were received S9'ne commenter wrote two ttus.whhh brought the totalnumbtr otzesponses to 4LThhty.

one ofthe cazimenteri wrote that tba rule b unntcesauy because the regulations already sodst to nisun that the'reactor'opuators adhere to10 CFR

'art 2L'IheCommission agrees thit the neccssa'zy reguhtiona exist to have Bcensed power reactor operators comply withthe pcovtsions ofpazt 25.

Howevu. the Conimlsshxz realhei that the Bcensed operator h one ofthe mahi caaponents and possibly thamost czitkal component ofcontinued safe ziactor opezatha. Therefore, Itwanb to emphasha to and dearly Inform the operators that as conditions oftheir licenses they must comply withthdr faciliga fftaeas4oz~ program. The Commissiaz also wants to chuify tha term "use vusua "consuznptha" of ekohol In proticted reactor areas. Tlw rule has been zewiittcn to huBcata that

'he "nsa of aloobolsa means consumpthn ofaicohoBc beverages. The rule does not prohibit the nsa ofalcohol withhz the protected ueaa forother than hgcstke, such as appBcatfoa to the

. Tile use ofmtdichia that contains alcohol Ia'llowid withinthe parameters ofthe facS~'Gtness4~aty program.

Howiver, nse ofovee41~ountu or prescription drugs containhig ilcoho) must be. within the prescribed Binitations and ln compBance'with the FaciBfj'iG'tnesa-f edutyprograeL Fuzthu as 10 CFR part 28 docs not apply to n~owcr zeactor Bccnstts, the Commhsion wishes to make ftdear to Bcensed operators at these facIBIIcs that the use ofdrugs or alcohol hz any meaner that couM adversely afFect pufozmance oflicensed duties would subject them to enf'orcemcnt action.

Tircnty~ ofthe coqpacntors wrote that this rale singles out Bcensed opnatozs forspechl treatment to the detriment oftheir morale. The Comnllssion has considcnd the hsue of morale and belIeves that moat Bcensed

'perators already take their personal Gtncss fordug quite sezjously. Ifthere are any ntgative Impacts on Bctnstd opuator mora)a these effech are eqitcted to be shor-lived as the vast

. mafozityofBcenstdoperatorswGIbe

~ unaffected. Tbh zuIe may. Infact..

hcreasa operator con&fence that their.

pe'us are Gt forduty. Tbh rule stresi'es to Bccnsed operators thatbecause of

'htis cziticaI role fn the safe operation of their reactors. they must be'ut forspechl treatment to atzesa that their contbiuous unhnp/shed fob ptzfozm/ulcc h a highly ziecessazy co ofthe overall safe operation of rtactozs.

The rule also stresses to Bcenscd operators that their Bcenses are a privilege arid not a~ s/nd that refusal to participate in facQityGtness-

'oeduty nquhemtnb can lead to-enforcement action and/or Bcensing

'action. True has been no change to the

'uiemaking because of these comments.

Twenty commenters stated that it is an unnccessizy burden that the proposed rule requhes medical personnel to be ava0able Rebours a day to make fudgmtnb about prescription and ovtz-theaountu drugs. Medical

'ersonnel are not required by part 28 or part 5$ to be oa duty 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day for prescription aild ovcf4l~ountcr drug evaluation. The intent ofthe rule h that licensed operators followthe fadlity Gtncss-forMuty program forsupervisory notification ofGtness-forduty concerns about the use oflegal dzugL The ruicmekhig hss been chuificd to more fullyexplain thIS Intent.

There were two questions about the bash foz'the zultmaking-P) What Is the ba'sis or need for the rule changet (2)

Ia it an Industiy wide problems.These questions were discussed above under the need for the rule (regulations

'lready exist). The Commhslon can have nothing but a zero tolerance leveI fordrag and alcohol use or abuse because of the critical nature ofthe, industzy. Thucfore, the Commission denned Itncc/mazy to stress compBance withfacIBty Gtness-torduty programs as a condition ofBcensuze.

Mere h no change to the rulemaking as a result ofthese commtnb.

There was one queition about the reporting oflegal dzugL ABccnsed-operator asked how opciators who do not report medicinal uie ofdrugs willbe treateL LIcensed opuators aze required to followthe Gtncas4ozduty program procedures and poBcits developed by their facGIty.

Two comments wne spcdfic to Bcensed opezaton at ttst and rcscazch reactor fecQltICS. One was that formal drug testing pzogrims shouidnot be requhed for~wu faciBties. These programs are zot requhtd by Pazt 25 or

'art 55: howevu, ifa Gtness.forty program has been estabBsbed at a non-powsr facility,Bcensed operators are requlnd to pazMpate Tbe second corn/nant. zegarding ovu<hecounter and prescription medicatio. was that medical review oiGcers do not exist at wez'facIBtieLTbat statement is tine; then are no requirements in either part 26or part 55 that they do. No change to tb'a zuleznaking was required as a direct zeN'lit of these comnenb.

However, as a result ofthe previous

~ comment medical personnel avaUabIBty, the was changed to dearly Include suE3ervhory notificetion when medical OIAcen an not a vailable.

'2070 Federal Register / VoL 56, No. 135 / Monday, July 15, i99I / Rules and Regulations nd alcohol testfng programs hcd by the'fsdffty flcensee or who fs h the safe, use, or possessloa of an diug ts sub)ect to ffcense suspension.

rsvoestfon. or denlsL

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0 VllLRerpoasibililias

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(8) hny proposed enfareemcnt sctfoa hvolvtng a dvii penalty to a Hceased operator.

Supplement I-Severity Catcgo! fcs Bcacfar Opera Lions A. Severfty1 ' '

Alfceased operator at the conceals'f a nuclear reactor, or a senfor operator directing licensed activities, involved in procedural errors which result fn. or exacerbate thc consequences of, an alert or hfgher lev'el emergency and who, as a result of subsequent testing. receives a.

confirmed positive tait result far drugs or alcohoL ILSeverity II '

A Bcensed operator fnvolved fn the use, sale. or possession of IHegaf drugs or the consumption of alcohoUc es,'within the protected area.

Bccnsed operator at thc controls dear reactor, or a senior operator cting licensed activities, Involved la procedural errors and who, as a result of subsequent testing, receives a confirmed positfve test result for drugs or alcohoL es v~tyHI

9. AHcensed operator's confirmed positive teat for drugs or alcohol th'at does not result ia a Severf ty Level Ior II violation.

PART ~PERATORS'CENSES

3. Thc authority citation far part 55 continues to read cs foHowL hutbosf ty. SscL 107. 181. 182. 58 Stat. Q39, Q48. 9$3, ss smendaL sec. 234. 83 Stat.444, as amended (42 US.C 2137. 2201. 2232 2282);

secL 201. as amended. 202. 88 Stat. 1242, as amended. 1244 (42 VS.C. 5541. $842).

Sectfons 5$.41, 55.43, SSA5, and 5549 afso

'ssued under sec. 305. PLib. L %-425, QS Stat.

2252 (42 US.C. 10228). Section SLOI afsa tssusd under secs, 1M.181, 58 Stat. QSS (42 USl'235, 2237J.

For the purposes of sec. 223. 58 Stat. QM. cs amended (42'.C.22r3); IKSK3.PZ4

$$.49, and SSS3 are fssoed ender siic. 181l;tR i8 Q4Q, as amended (42 US.C. 2201 ff));and 5$M~ and ~f) ace issued 181 a, 58 Stat. OSa. ss amended (42 2201(0)).'

• In5 5%53, paragraph (l) fs redesignated as paragraph (1) end new paragraphs O) aad (k) are added to read as foHawc Dated at Rockvfffe. Maryland, this 5th dsy ofjuly 1991.

For the Nudear Regulatory Commission.

Sanuel j. Chffk, Sscretcuy oflhe CommissioIL (FR Doc. 91-188P Ftfed 2-~; L4$ sm) f&&&3 Con05ona of Sceoeee.

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O) The Bcensee shaH not consume or ingest alcohoUc beverages wfthfnthe protected area ofpower reactors, or the controlled access area ofno~wer reactorL

'Ibe Bcensee shell not use, ssess, or seH any illegal drugs. The censec shaH not perform ictfvfties authorized by a Bcense issued under this part while under the influence ofalcohol

.or any prescription. over-the-'counter, or Hfegel substance that could adversely affect hfs or her abiBty to safely and

'ompetently perform hfs or her lfcensed dutfes. For the purpose of this aragraph, with respect to alcoholfc ercges and drugs, the tenn "under thc influence" means the Bcensee exceeded.

as evidenced by a confirmed itive test, the lower of the cutoff cvels for drugs or alcohol contained fn 10 CFR part 26, appendix A. of this chapter, or as established by the fecfUty Bceasee. Thc tenn "under the fafluence" also means the Bcensee could be

'entally or physfcaHy fmpaired es 8 result ofsubstance use Including prescription and over-th~unter drugs, as detenafaed under the provisions, poUcfes, and procedures estabBshed by thc facilityHcensee for fts Gtness4or-duty program, In such a manner as to adversely affect hfs or her abiBty to safely and campetentfy perform Bcensed duties.

gc) Each licensee at power reactors shaB participate ha the drug cnd alcohol testing programs established pursuant to 10 CFR part 2L Each Ucensee at non-pow'er'reactars shall participate in any drug and alcohol testing program that

'ay be establfshed for that non-power.

facility.

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5. In 5 55AB, a new paragraph (b)(5),fs added to read as foHows:

10 CFR Part 9 Oupgcatfoli Fcca AOtNCV:Nuclear Regulatory Commission.

ACTtOSC Final rulc.'

5541 Qocwffcatfoa and revocation of Ioeosea..

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(5) For the sale, usc or'passesafoa af IHegal dnigs, ar refusal to participate ia the fadUty drug anclaldaho1 testing pragrim. or a conffimcd positive teat for drugs, drug metabolites, or alcohol fn violation of the condftfaas and cutoff levels estabHshed by I 5RS3(D or the consumptfon ofalcahoBc beverages

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withinthe piotectcd area ofpower.

reactors or the caatraHcd access area of non~war reactors. or a dctennfnatfon ofunfitncss forscheduled'ork as a'esult of thc'coasumptfaa ofafcohoHc beverages.

etislssARY: Thc Nuc)car Regulatory Commission (NRC) fs amendfag its rcgulatians by revising the charges for copying records pubHcfy available at the NRC Public Document Room in Washington. DC. The amendment is nece'ssary fn order to reflect thc change Ia copying charges resul ting from the Commission's award of 8 new contract for the copying ofrecords.

EFFEcTtva oATE: July 1S, 1991.

Fait RlATHElttl4FORMATIONCOl4TACTi McheHe SchrolL Public Document Room Branch. OHicc of the Secretaiy. US.

Nuclear Regulatory Commission.

Washington. DC 20555. telephone 202-634-3366.

cvPPLKMEl4TARYtitFoRMATtolcTIic NRC mahtafns a Public Document Room (PDR) at its headquarters at 2120 L Street, NWLowerLeveL Washington.

De Thc PDR contains an extensive collection ofpubMy available technical and admfnistrative records that the NRC receives or generates.

Requests by the pubHc for the dupHcatfan ofrecords at the PDR have treditfoaaHy been accommodated by a dupBcating service contractor selected by the NRC. The

~chedule ofdupflcctian charges to the pubflc established fn the duplicating service contract fs set forth in 10 CFR MS of the CommIssioa'8 regulatfonh.

Thc NRC has recently awarded a new dupHcating service contract. The revised fee scheduled reflects the changes in copying charge's to thc pubUc that have

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resul ted from the awarding of the new contract for the dupUcation ofrecords at the PDR.

Because thfs fs an amendmeat dcalhg with agency practice and procedurea,

. the notice provisions ofthe, Administrative Procedures Act do ndt apply pursuant to 5 US.e 553(b)(A). In additfon, the PDR users wer'e notified on une 27, 1991, that the new contre'ct was awarded and that the new prices would go into effect on july10, 1991. The amendment is effectfve upon publication