ML20045F832

Comment on Proposed Rule 10CFR26 Re Mods to fitness-for-duty Program Requirements.Concurs W/Proposed Rule in Reducing Random Testing Rate of Licensees to 50% & Disagrees W/ Maintaining Random Testing Rate of 100% for Vendors

ML20045F832
Person / Time
Site:	Davis Besse
Issue date:	06/22/1993
From:	Storz L CENTERIOR ENERGY
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-58FR15810, RTR-NUREG-CR-5758, RULE-PR-26 58FR15810-00033, 58FR15810-33, NUDOCS 9307090060
Download: ML20045F832 (3)

Text

-

s

• /

z ,2 (=, ,

2 CENTE (ggpkjgig)t 3}

Nr t t200 0:n i-+ ts+wara * *y A3yees reecenceme > 2 0 E:n 9.:6s 23 m 3:Oc wey2 ca ac 4eg y) J'J'128 P , .29 Docket Number 50-346 License Number NPF-3 Serial Number 2153 June .2, 1993 Mr. Samuel J. Chilk Secretary of the Commission United States Nuclear Regulatory Commission Vashington, D.C. 20555 Attention: Docketing and Service Branch

Subject:

Comments On Proposed Rule: Modification to Fitness-for-Duty Program Requirements (58 FR 15810)

Gentlemen:

Toledo Edison, a subsidiary of Centerior Energy, is partial owner of i and is responsible for operation of the Davis-Besse Nuclear Power [

Station. Toledo Edison has been authorized for power operation of the

• Davis-Besse Nuclear Power Station since April 1977. As a 10 CFR 50 licensee, Toledo Edison has a vested interest in any policies the NRC may adopt which can affect the management and operation of a commercial nuclear power plant.

Toledo Edison has reviewed the proposed rule, published in the Federal Register on March 24, 1993 entitled " Modification to Fitness-for-Duty Program Requirements" and provides the following comments regarding

• this issue.

The proposed rule vould reduce the random testing rate for licensee employees by 50 percent. However, contract / vendor employees vould continue to be tested at the 100 percent rate. Additionally, the proposed rule requested comments as to whether certain positions j critical to the safe operation of a nuclear power plant. such as  ;

licensed reactor operators, should be excluded from any reduction of -

the random testing rate.

9307090060 930622 PDR PR --

26 SBFR15B10 PDR

} y} l U.

erewgc : mes Cteseionc E e~ : mummm ;

. 4 >

1

(

Docket Number 50-346 License Number NPF-3 -j Serial Number 2153 ,

Page 2 Toledo Edison does not concur with maintaining the contractor / vendor t employees testing rate at 100 percent, rather it should be reduced to same rate as the licensee. As a result of the higher rate of positive  ;

tests for contractor / vendor employees, the NRC concludes that the random testing rate should be maintained at 100 percent. The actual test results (published in NUREG/CR-5758) for positive random tests I

show that the contractor / vendor workers have a positive test rate of 0.45 percent and the licensee workers 0.20 percent for 1992.

• Similarly, the respective rates are 0.52 percent and 0.23 percent for the three year average of 1990 - 1992. Given that the positive test  !

I rates are approximately one-half of one percent, there is no '

significant difference between the contractor / vendor and licensee.

Specific experience at Davis-Besse Nuclear Power Station resulted in '

a rate of 0.04 percent, during the period from January 1, 1992, through June 17, 1993.

In addition, the contractor / vendor positive testing rates are lover i than other federal governmental regulated Fitness-for-Duty programs such as the Department of Transportation (DOT) which includes the cailroad and aviation industries. Testing rates for these individuals,  !

shose job performance directly impacts thousands of lives, is approximately one percent with a lover random testin.c rate (50 e percent). Toledo Edison believes that testing of contractor / vendors i

should be no more restrictive than the current DOT requirement.

Toledo Edison would also like to comment as to whether certain ,

positions critical to the safe operation of a nuclear power plant (critical positions), such as licensed reactor operators, should be  ;

excluded from any reduction of the random testing rate. Again, the NRC i has not demonstrated sufficient bases for requiring critical positions vithin the licensee organization to be subject to a higher random testing rate. Each fitness-for-duty program requires drug and alcohol  :

testing, suitable inquiry determinations, training on-fitness-for-duty, the behavioral observation program, for-cause testing, sanctions, and  ;

employee assistance programs. Each employee (including critical i positions) vith unescorted access currently undergo background investigations, FBI criminal history checks, and psychological testing.

These requirements have been effective in providing reasonable ,

~

assurance that they are trustvorthy, reliable and are fully capable of performing their required tasks without additional random testing.  :

In summary, Toledo Edison concurs with the proposed rule in reducing ,

the random testing rate of licensees to 50 percent and disagree with maintaining random testing rate of 100 percent for contract or vendors '

or critical positions. Actual test results justify a reduction in the In addition, random testing rate for contractor / vendors to 50 percent. l Toledo Edison has reviewed and concurs with the comments provided by i the Nuclear Management and Resources Council (NUMARC) concerning this proposed rule. ,

t

. i ,

Docket Number 50-346 Licence Number NPF-3 Serial Number 2153 Page 3 If you have any questions regarding these comments, please :entact Mr. Robert V. Schrauder, Manager - Nuclear Licensing at (413) 249-2366.

Very truly yours, l ~ h Louis . Store' /

Vice President - Nucle GAB /dle cc: J. F. Colvin, NUMARC J. B. Hopkins. !EC Senior Project Manager J. B. Martin, Regional Administrator, NRC Region III R. Nelson, USNRC '

S. Stasek DB-1 NRC Senior. Resident Inspector USNRC Document Control Desk Utility Radiological' Safety Board 6 i

E 1

e I

! l

< +

1 i

I i

i