ML20005G294

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Denies 891006 Request for Total Exemption from 10CFR26, Fitness-for-Duty Program Since Facility Will Be Defueled Prior to Implementation of Regulation.Util Program Lacks Random Drug Testing Requirements
ML20005G294
Person / Time
Site: Rancho Seco
Issue date: 01/11/1990
From: Holahan G
Office of Nuclear Reactor Regulation
To: Keuter D
SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
TAC-75067, NUDOCS 9001180393
Download: ML20005G294 (9)


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January 11,x1990

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! ocket No.E50-312-TSTRLBUTION-D

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'Mr. Dan'R. Keuterf JZwolinski.

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Assistant General Manager, Nuclear.

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Rancho-Seco Nuclear Generating Station,

-JLee-

'PMcKee.

4 14440 Twin Cities Road SReynolds -

BGrimes

-Herald,LCalifornia 95638-9799

Dear Mr..Keuter:

SUBJECT:

FITNESSFOR.DUTYPROGRAMS,10CFRPART26:(TACN0.'75067)

" Fitness-.for Duty Programs," 10 CFR Part 26, was published in the Federal Register on June:7. 1989, and the~ requirements in this Part must be implemented by each licensee authorized to operate a nuclear power reactor no _later than-January -3,1990. -

LIn your October 6,1989 letter, you requested a total exemption from the requirements of 10'CFR Part 26 based on Rancho Seco's~present and future

' operational status. You stated:

"Since Rancho Seco will be.defueled prior to implementation of 10 CFR Part 26, it.is the District's position that

-the existing Fitness for-Duty Program is. adequate to protect the health and safety of the public in the program's goal to achieve a work place free from the effect,of drugs and alcoholic substances." The staff has reviewed your letter, including-the attachment describing < the Sacramento Municipal Utility

District Fitness for Duty Program, and has concluded that your program would not achieve the objectives of the program required by 10 CFR Part 26 (for example, your program does not have random testing requirements).

Your

_ request for a total exemption from 10 CFR Part 26, " Fitness for Duty Program,"

is, therefore, denied.

Sincerely, traginal sia;ood by Gary M. Holahan, Acting Director Division of Reactor Projects - III, IV, V and Special-Projects Office of Nuclear Reactor Regulation cc: See next page

  • see previous concurrence

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'Mr. Dan R. Keuter

-JZwolinski PErickson-

Assistant General Manager, Nuclear.

JLee

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,ACRS-(10)'

' Rancho Seco Nuclear Generating Station 14440 Twir. Cities Road SReynolds-y BGrimes Herald, Californla; 95638-9799

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Dear:

Mr.! Keuter: '

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SUBJECT:

FITNESSFORDUTYPROGRAMS,10CFRPART26:(TACNO.75067)

"FitnessLfor Duty Programs," 10 CFR Part 26, was pu lished in the Federal-Register on June 7, 1989, and the requirements 1.n this Part must be implemented by each -licensee-authorized to operate a nuclear power reactor -

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no later than January 3,1990.

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In your October 6.'1989 letter, y'ou requested a total exemption from the requirements of.10.CFR-Part 26 based on Rancho Seco's present and future-opera tional' status.

You stated:

"Since Rancho Seco will be defueled prior to implementation of 10 CFR Part.26, it is the District's position that the existing Fitness for Duty Program is adequate to protect the health-and safety of the.public in the

)rogram's goal to achieve a work place free from the'effect of drugs-and alco1olic substances." The staff-has reviewed your letter,-including the attachment, describing the Sacramento Municipal Utility

- District Fitness for Duty Program, and has concluded that your program would

~.

not. achieve the objectives of the program required by 10 CFR Part 26.

i (For_ example: your program does not have a random testing requirements).

Your request for a total exemption from 10 CFR Part 26, " Fitness for Duty Program,",

.is, therefore,-denied.

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. However,feTrequest for acparti61 exemp' ion from)ditionreq irements of 10 CFR Par 26'wodld be apprb riate fo rfhe de ueled con The requireme t ( -

spec fied f' a ilit undp / construc iondiiay be an a

-Fincerely, 1

John A. Zwolinski, Assistant Director for Regicn III Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation A

cc: See next page

  • see pre'vious concurrence

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JZwolinski GHolahan

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m;o; 3 DISTRIBUTION c'g,.

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PDS Plant File EJordan GHolahan SErown

Mr. Dan' R. Keuter' JZwolinski PErickson i

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Assistant General Manager,' Nuclear GKnighton ACRS(10)

Rancho Seco Nuclear Generating Station JLee

~PMcKee.

14440 Twin Cities R'ad.

SReynolds BGrimes l

o Herald; California -95638-9799.

Dear Mr. Keuter:

SUBJECT:

' FITNESS FOR TY PROGRAMS,10 CFR PART 26 (TAC NO. 75067) 1 Fitness for Duty Progretns," 10 CFR Part 26, was published sin the Federal

~

Re ister on June 7,1989,\\and the requirements in this Part must be i

mp einEted by each licensee authorized to operate a nuclear power reactor.

no later than January 3, 1990.

\\

In your October _6,1989 letter; you requested a total exemption from the requirements of 10 CFR Part'26 based on Rancho Seco's present and future s

operational status. You stated: "Since D,ancho Seco will be defueled W

prior to implementation of 10 CFR Part 26, it is the District's position that s

the existing Fitness for Duty Program is adequate to protect the health and

. safety of.the public in the program's goal to achieve a work place free from the effect.of drugs and' alcoholic' substances." The staff has reviewed your letter,: including the attachment dsscribing the Sacramento Municipal Utility.

1 District Fitness for Duty Program, &nd has concluded that your program would not achieve the objectives of the program required by 10 CFR-Part 26.

(For example:- your program does not have a random testing requirement). Your-request for a total exemption from 10 CFR Part 26, " Fitness for Duty Program,"

m is, therefore, denied.

Hoy'ver?a request for a an exemption fro 4the full regtQrements of 10 CFR Part 26 w6ugbe-ap'piopfiate-attgdefueling acitvities argomp1h g

Sincerely \\

\\

John A. Zwol nski, Assistant Director for Region III DivisionofRehetorProjects-III, IV, V and Spe'cial Projects OfficeofNucleatReactorRegulation

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cc: See next page

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  • see previous concurrence

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Docket No.-50-312 l

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,Mr. Dan R. Keuter f

< ; Assistant. General Manager, Nuclear r

y Rancho:$eco Nuclear Generating' Station 14440 Twin Cities Road Herald, California 95638-9799 L

Dear Mr. Keuter:

SUBJECT:

FITNESSFORDUTYPROGRAMS,10CFRPART26(TACNO.75067) 1 t

' Fitness for Duty Programs," 10 CFR Part 26, was published in the Federal L

Register on June 7, 1989, and the_ requirements in this Part must be implemented by each licensee authorized to operate a nuclear power reactor l

no later than January 3,1990.

j i

In your October 6,1989 letter, you requested a total exemption from the requirements of 10 CFR Part 26 based on Rancho Seco's present and future operational status. You stated:

"Since Rancho Seco will be defueled prior to implementation of 10 CFR Part 26, it is the District's position that the existing Fitness for Duty Program is adequate to protect the health and safety of the public in the program's goal to achieve a work place free from the effect of drugs and alcoholic substances.' The-staff has reviewed your letter, including the attachment describing the Sacramento Municipal Utility District Fitness for Duty Program, and has concluded that your program would not achieve the obstectives of the program required by 10 CFR Part 26.

(Forexample: your program doec not have a random testing reouirements). Your request for a total exemption from 10 CFR Part 26, " fitness for Duty Program,"

e is, therefore, denied.

y H ever, a regu t f r a partia exempt 3 from the requi empnts f

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10 CFJV' V Pa t 26,would b p priate J r the,4e'f led c'ond itio V. ThtLrequi ements under c nstructi tay bearr' appropriate le ilty/

sp ied for a l

Sincerely, l

John A. Zwolinski, Assistant Director for Region 4M Division of Reacto rojects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation cc: See next page

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UNITED STATES NUCLEAR REGULATORY COMMISSION W

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Docket No. 50-312 4

Mr. Dan R. Keuter

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Assistant General Manager, Nuclear Rancho Seco Nuclear Generating Station l

14440 Twin Cities Road' L

Herald, California 95638 9799 1

Dear Mr. Keuter:

SUBJECT:

FITNESS FOR DUTY PROGRAMS,10 CFR PART 26 (TAC NO. 75067)

" Fitness.for-Duty Programs," 10 CFR Part 26, was published in the Federal Resi ster on June 7,1989, and the requirements in this Part must be -

imp'emented by each licensee authorized to operate a nuclest power reactor no later than January 3,1990.

In your October 6,1989 letter, you requested a total exemption from the requirements of 10 CFR Part 26 based on Rancho Seco's present and future operational status. You stated: "Since Rancho Seco will be defueled prior to implementation of 10 CFR Part 26, it is the District's position that the existing Fitness for Duty Program is t.dequate +o protect the health and safety of ~ the public in the program's goal to achieve a work place free from the effect of drugs and alcoholic substances." The staff has reviewed your letter, including the attachment describing the Sacramento Municipal Utility District ritness for Duty Program, and has concluded that your progrt.m would not achieve the objectives of the program required by 10 CFR Part 7.6.

-(For examplee your program does not have a random testing requiremenkb Your 2

request for a total exemption from 10 CFR Part 26, " Fitness for Duty Frogram,"

is, therefore, denied.

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However, a request for ag/exmnption from t p T requirements of 10 CFR h

Part 26 would be appropri'ite}W,@ Arecw$.leted.. qu~ et, af4er defuelin) u m

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Sincerely,

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John A. Zwo11nski, Assistant Director for Region 111 Division of Reactor Projects - 111 IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page

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._ Docket No. 50-312 DISTRIBUTION l,

Docket F11e.

GKalmanl NRC & Local PDRs OGC

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l PD5 Plant File EJordan 1

GHolahan-SBrown.,

j Mr. Dari R. Keuter JZwolinski KHeitner

' Assistant General Manager, Nuclear GKnighton ACRS;(10)

Rancho Seco Nuclear Generating Station JLee PMcKee 14440 Twin Cities Road SReynald ff/4av Herald, California 95638-9799

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Dear Mr. Kouter:

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. FITNESSFORDUTYPROGRAMS,10CFRPART26[TACN0,.'75067]

SUBJECT:

" Fitness for Duty Programs," 10 CFR Part'26, was published in the Federal-i Register on June 7, 1939, and the requirements in this Part must be implemented by each licensee authorized to operate a nuclear power reactor i

no later than January 3,1990.

/

-In your October 6,1989 letter, you requested an exemption from the requirements of 10 CFR Part 26 based on Rancho Seco's present and future operational status. You stated:

"Since Rancho Seco will be defueled prior to implementation of 10 CFR Part 26, it is the District's position that.

the existing Fitness for Duty Program is adequate to protect the health and i

safety of the public in the program's goal to achieve a work place free from

~

the effect of drugs and alcololic substances." The staf f has reviewed your letter, including the attachment describing the Sacramento Municipal Utility l

" District Fitness for Duty Program; and has concluded that your program would not achieve the objectives of the program required by 10 CFR Part 26.

(Forexample: your program does not have a random testing requirement). Your request for an exemption from 10 CFR Part 26, " Fitness for Duty Program," is, J

therefore, denied.

When Rancho Seco's decomissioning plan is app (b) for construction sites would

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roved, a request for a program meeting the requirements of 10 CFR Part 26.2 be acceptable.

Sincerely, John A. Zwolinski Acting Assistant Director 7

for Region V.

Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc See next page

  • see previous concurrence DRSP/PDV*

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Mr. Dan R. Keuter4

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Furthermore, the NRC believes that there is sufficient evidence supporting the /

effectiveness of random testing on deterring and detecting substance abuse and' that a carefully designed chemical testing program covering persons authorized unescorted access to nuclear power facilities is warranted. The NRC is convincedthatrandomtestingisanessentialandeffectivecomponentof/I'he fitness for duty program. Although the NRC believes that behavioral /

observation and for-cause testing comprise important elements of a substance abusedeterrenceandpreventionprogram,and.hasincludedtheminjt'srule,.it does not believe that these elements alone are sufficient to provide the level of deterrence and detection necessary.

/

f The NRC requires all 10 CFR Part 50 licensees to comply withA0 CFR Part 26 requirements through license termination. Our review concluded that the existing Fitness for Duty Program at Rancho Seco is not comparable to the regulatory requirements of 10 CFR Part 26. Your request'for an exemption from 10 CFR Part 26, " Fitness for Duty Program," is, therefore, denied.

/

Sincerely,

/

John A. Zwolinski Acting Assistant Director for Region V Division of Reactor Projects - 111, IV,/V and Special Projects Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION

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Do3 R' N 14' GKalman NRC & Local PDRs

' 0GC (info. only)

PD5 Plant File EJordan GHolahae

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BGrines -

JZwolinski

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SBrown GKnighton

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KHeitner JLee

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PMcKee

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  • see previous concurrence

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January 11, 1990 Docket No. 50-312 i

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[

Mr. Dan R. Keuter j

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Assistant General Manager, Nuclear-Rancho Seco Nuclear Generating Station 1

14440 Twin Cities Road i

7 Herald, California 95638-9799 i

l

Dear Mr. Keuter:

SUBJECT:

FITNESSFORDUTYPROGRAMS,10CFRPART26(TACNO.75067)

" Fitness for Duty Prograrrs,".10 CFR Part 26, was published in the Federal Register on June 7,1989, and the requirements in this Part must be i

implemented by each licensee authorized to operate a nuclear power reactor t

no later than January 3,1990.

'In your October 6.-1989 letter, you requested a total exemption from the requirements of 10 CFR Part 26 based on Rancho Seco's present and future operational status. You stated:

"Since Rancho Seco will be defueled prior to implementation of 10 CFR Part 26, it is the District's position that

.the existing Fitness for Duty Program is adequate to protect the health and safety of the public in the program's goal to achieve a work place free from the effect of drugs and alcoholic substances " The staff has reviewed your letter, including the attachment describing the Sacramento Municipal Utility District Fitness for Duty Program, and has concluded that your program would not achieve the objectives of the. program required by 10 CFR Part 26 (for example, your program does not have random testing requirements). Your request for a total exemption from 10 CFel Part 26, " Fitness for Duty Program,"

is, therefore, denied.

Sincerely, M

Gary M. Holahan, Acting Director Division of Reactor Projects - Ill, IV, Y and Special Projects Office of Nuclear Reactor Regulation cc: See next page l

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i Mr. Den Keuter Rancho Seco Nuclear Generating Station cc:

Ms. Jan Schori, General Manager Mr. John Bartus Sacramento Municipal Utility District Ms. JoAnne Scott 6201 S Street Federal Energy Regulatory Commission P.O. Box 15830 825 North Capitol Street, N. E.

Sacramento, California 95813 Washington, D.C.

20425 Thomas A. Baxter, Esq.

Ms. Helen Hubbard Shaw, Pittman, Potts & Trowbridge P. O. Box 63 1

2300 N Street, N.W.

SLnol, California 94586 Washington, D.C.

20037 Environmental Conservation Mr. Steven Crunk Organization Manager, Nuclear 1.icensing Suite 320 Sacramento Municipal Utility District 101 First Street i

Rancho Seco Nuclear Generating Station Los Altos, California 94022 i

34440 Twin Cities Road Herald, California 95638-9799 Mr. Robert B. Borsum, Licensing l

Representative Babcock & Wilcox Nuclear Power Division 1700 Rockville Pike - Suite 525 Rockville, Maryland 20852

(

l Resident inspector / Rancho Seco c/o V. S. N. R. C.

14440 Twin Cities Road

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Herald, California 95638 L

Regional Administrator, Region V U.S. Nuclear Reguletory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Mr. John Hickman i

Senior Health Physicist-Environmental Radioactive Management Unit Environmental Management Branch p

State Department of Health Services 714 P Street, Room 616 Sacramento, California 95814 Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, California 95814 (11) 9

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