ML20045F832
| 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) | |
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2 0 E:n 9.:6s y) J'J'128 P,.29 23 m 3:Oc wey2 ca ac 4eg 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
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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.
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Docket Number 50-346 License Number NPF-3
-j Serial Number 2153 Page 2 Toledo Edison does not concur with maintaining the contractor / vendor employees testing rate at 100 percent, rather it should be reduced to t
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.
i In addition, the contractor / vendor positive testing rates are lover 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 random testing rate for contractor / vendors to 50 percent.
In addition, l
Toledo Edison has reviewed and concurs with the comments provided by i
the Nuclear Management and Resources Council (NUMARC) concerning this proposed rule.
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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
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Louis
. Store'
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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
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