ML20056F862
| ML20056F862 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf, Arkansas Nuclear, Waterford  |
| Issue date: | 08/20/1993 |
| From: | Mcgaha J ENTERGY OPERATIONS, INC. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CNRO-93-00027, CNRO-93-27, NUDOCS 9308310225 | |
| Download: ML20056F862 (19) | |
Text
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Ente-rgy Operations, Inc.
ENTERGY
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u nn. cccasa August 20,1993 U.S. Nuclear Regulatory Commission Mail Station Pl-137 Washington, D.C. 20555 Attention:
Document Control Desk SUI 3 JECT:
Request For Exemption From 10 CFR 25, " Fitness-for-Duty Programs" Arkansas Nuclear One Units 1 & 2 Docket Nos. 50-313 & 50-368 License Nos. DPR-51 & NPF-6 Grand GulfNuclear Station Unit 1 Docket No. 50-416 License No. NPF-29 Waterford 3 Steam Electric Station Docket No. 50-382 License No. NPF-38 CNRO-93/00027 Gentlemen:
Entergy Operations, Inc. is submitting by this letter a proposed exemption to the requirements of 10 CFR 26. " Fitness For Duty Programs," Sections 21(b),22(c),24 (a)(2), and 80(a). The respective sections of the rule address: " Policy communications and awareness training," " Training of supervisors and escorts." " Chemical testing," and
" Audits." This request proposes relief from 10 CFR 26 in addition to the NRC's proposed modification to fitness-for-duty program (58 FR at 15810, March 24,1993), assuming it j
is adopted as currently written.
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Request For Exemption From 10 CFR 26. " Fitness-for-Duty Programs" August 20,1993 l
J CNRO-93/00027 l
Page 2 of 4 L
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t On May 4,1993, at the annual Regulatory Information Conference, Dr. Thomas E.
l Murley announced a pilot program established by NRR to give special consideration to i
licensee requests for changes requiring Staff review that involve high cost and low safety l
benefit. In response to Dr. Murley's initiative. Entergy Operations, Inc. met with NRR 1
Staff on June 8,1993, to present an initial list of cost beneficial licensing actions (CBLAs). As part of the Burden Reduction Program for long-term economic savings.
i this request is submitted to: 1) allow random drug screening of contractor and vendor personnel at a rate of 50 percent as long as this group remains at ar above 99.5 percent drug free,2) change the policy communications and awareness refresher training from a nominal 12 month to a nominal 24 month frequency,3) change the nominal 12 month refresher training for supervisors and escorts to a nominal 24 month frequency, and 4)
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I change the requirement to audit licensee and contractor fitness-for-duty programs on a l
J nominal 12 month schedule to allow performance based audits, conducted on a variable j
frequency.
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This request is considered to have no impact on safety and thus its major benefit is cost -
reduction. Based on a 50 percent reduction in the random testing rate for contractors and j
vendors, Entergy Operations, Inc. projects savings of $1.6 million over the remaining l
j operating life of Entergy's nuclear plants. This request is a cost beneficial licensing
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action of medium priority and as such would take a lower priority if competing for l
resources with another of Entergy's higher priority CilLA submittals.
We plan to implement performance based random testing of contractors and vendors based on the fitness-for-duty results of the previous calendar year. It is Entergy's desire to utilize 1993 calendar year results as the basis for establishing site specific contractor 4
and vendor random drug testing rates to be applied during the 1994 calendar year.
Consequently. Entergy Operations. Inc. requests approval of the proposed exemption by i
January 1,1994.
3 As previously noted, we recognize that both the NRC and the industry have been working
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on proposed changes to 10 CFR 26. While we fully support thesa efforts, we also recognize that rulemaking has a number of uncertainties associated with it including difficulty in predicting the final scope of the rule changes. Based on our understanding of the NRC's current plans for 10 CFR 26 rulemaking, we do not anticipate that the random testing rate for contractors and vendors will be changed from its present rate of 100 4
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l Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 CNRO-93/00027 Page 3 of 4 percent. We do however assume that the licensee employee random test rate will be reduced to 50 percent as a result of rulemaking and that the proposed changes to the rule will become effective prior to the end of the year. As a result, we believe it is appropriate to pursue the subject exemption request in parallel with the ongoing rulemaking. At the same time we recognize that changes in the proposed rulemaking could affect our j
exemption request and thus we will be prepared to modify the exemption request l
accordingly.
i Based on the guidelines in 10 CFR 26.6, Entergy Operations has concluded the proposed j
exemption is supported by the attached information. Entergy Operations requests a j
permanent exemption in this regard which would apply throughout the operating life of Arkansas Nuclear One Units 1 & 2. Grand Gulf Nuclear Station, and Waterford 3 Steam Electric Station.
l Attachment I provides a detailed description of the proposed exemption andjustification.
f d provides information comparing fitness-for-duty performance between l
Entergy Operations, Inc. and others with drug testmg programs.
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Sincerely, l
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l attachments 5
cc:(See Next Page) 1
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4 Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 CNRO-93/00027 Page 4 of 4 cc:(w/a)
Mr. T. W. Alexion Mr. R. P. Barkhurst Mr. R. II. Bernhard Mr. R.13. Bevan, Jr.
Mr. J. L.131ount 3
Mr. J. L. Colvin Mr. S. D. Ebneter l
Mr. E. J. Ford j
Mr. C. R. Ilutchinson j
Mr. I1. W. Keiser j
Mr. R. B. McGehee l
Mr. J. L. Milhoan Mr. P. W. O'Connor i
I Mr. N'. S. Reynolds Ms. L. J. Smith Mr. F. W. Titus Mr. D. L. Wigginton i
Mr. J. W. Yelverton Central File (GGNS) l DCC (ANO)
Records Center (WF-3)
Corporate File [20]
i 1
Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 Attachmer.11 to CNRO-93/00027
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Page1of14 I.
REGULATORY BACKGROUND On June 7,1989, the MRC published 10 CFR 26. " Fitness For Duty Programs," in the Federal Register (54 FR 24468). As specified in the current regulation, the general performance objectives of the rule are:
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(a) " Provide reasonable assurance that nuclear power plant personnel will perform their tasks in a reli.* e and trustworthy manner and are not under the influence of any substance, legal or illegal. or mentally or physically impaired from any cause which in any way adversely affects their ability to safely and competently
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perform their duties" (b)" Provide reasonable measures for the early detection of persons who are not fit to perform activities within the scope of this part" (c) "llave a goal of achieving a drug free workplace and a workplace free of the effects of such substances" During the rulemaking process for issuance of the current regulation, commenters -
recommended the 100 percent random testing rate be reevaluated on the basis of l
utility experience and reduced if warranted. As a result, the Commission indicated l.
that it would consider reducing testing rates after several years ifindustry experience with the 100 percent rate is positive.
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On November 7,1991, the Commission directed the Staff to report on work that had been done on the deterrent effect ofdifferent testing rates and provide recommendations concerning application to the nuclear industry. Specifically, the results of the Federal Railroad Administration's test program were to be included m the review, along with other studies describing attitudes toward various random testing rates and actual test results.
4 The Staff provided their conclusions and recommendations to the Commissioners in
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SECY-92-271. The Commission subsequently directed the Staff to prepare a change to 10 CFR Part 26 allowing licensees to randomly test their employees at a rate equal to 50 percent; however, the 100 percent random testing rate for contractors and vendors must be maintained. This proposed change to the rule was issued for public comment on March 24.1993.
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4 Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 4
Attachment I to CNRO-93/00027 Pace 2 of 14 i
j Entergy Operations, Inc. provided comments by letter dated J a 22.1993, asserting that experience with the 100 percent test rate for licensee employees and contractors has been very positive and the decision to maintain 100 percent random screening of i
contractor personnel, while reducing the testing rate for employees, is not justified by the m ailable data. Furthermore, Entergy Operations identified various additional aspects of 10 CFR 26 which should be revised in the interest ofreducing regulatory i
burden marginal to safety.
II.
PROPOSED CIIANGES a
Pursuant to 10 CFR 26.6, Entergy Operations. Inc. is requestmg an exemption from j
the requirements of 10 CFR 26 " Fitness For Duty Programs," Sections 21(b). 22(c),
24 (a)(2), and 80(a). The exemption reque.st is applicable to Arkansas Nuclear One Units 1 & 2, Grand Gulf Nuclear Station, and Waterford 3 Steam Electric Station.
The proposed changes are as follows:
Current Regulation:
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10 CFR 26.21(b), Pohey commumcations and awareness training: " Initial l
training must be completed prior to assignment to activities within the scope of l
this part. Refresher training must be completed on a nominal 12 month l
frequency or more frequently u here the need is indicated. A record of the trainina must be retained for a period of at least three years."
Proposed Fxemption:
Exempt Entergy Operations, Inc. from the requirement to conduct refresher training on a nominal 12 month frequency with a commitment to conduct refresher training on a nominal 24 month frequency.
GlIrent Regulation:
i 10 CFR 26.22(c) Training of supervisors and escorts: " Initial training must be 4
completed prior to assignment of duties within 3 months afler initial supervisory assignment, as applicable. Refresher training must be completed on a nominal i
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Request For Exemption From 10 CFR 26. " Fitness-for-Duty Programs" August 20,1993 Attachment I to CNRO-93/00027 Page 3 of 14 12 month frequency, or more frequently where the need is indicated. A record of the training must be retained for a period of at least three years."
Proposed Exemntion:
Exempt Entergy Operations, Inc. from the requirement to conduct refresher training on a nominal 12 month frequency with a commitment to conduct refresher training on a nominal 24 month frequency.
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Current Regulation:
10 CFR 26.24(a)(2), Chemical Testing: " Unannounced tests imposed in a random manner. The tests must be administered so that a person completing a j
test is immediately eligible for another unannounced test. As a minimum, tests must be administered on a nominal weekly frequency and at various times during
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the day. Random testing shall be conducted at a rate equal to at least 100 percent of the workforce."
i Proposed Exemption:
Exempt Entergy Operations, Inc. from the requirement to perform 100 percent
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l random testing of contractors and vendors with a commitment to perform 50 1
percent random testing of contractors and vendors. To instill confidence that worker fitness for duty will not be degraded, Entergy Operations, Inc. will commit to annually adjust random testing rates at each site based on program 3
perfonnance.
i Arkansas Nuclear One. Grand Gulf Nuclear Station, and Waterford 3 Steam Electric Station will each review the random testing results from their respective contractors and vendors in 1993. At those facilities where contractor / vendor populations were equal to or greater than 99.5 percent drug free during 1993.
contractors and vendors will be randomly tested at not less than 50 percent 1
during 1994. Ilowever, at those facilities where contractor / vendor populations I
were less than 99.5 percent drug free during 1993. contractors and vendors will
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be tested at not less than 100 percent in 1994. The results from random testing of i
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Request For Exemption From 10 CFR 26. " Fitness-for-Duty Programs" August 20,1993 Attachment I to CNRO-93/00027 Page 4 of14 i
5 contractors and vendors in 1994, and each year thereafter, will be similarly reviewed to determine the rate of random testing for each succeeding year. Tlus performance based methodology will continue until superseded by NRC approval of future Entergy Operations Inc. exemption requests or until the NRC i
generically amends the rule allowing random testing ofcontractor and vendor personnel at rates of 50 percent or less. Since we plan to implement the i
4 performance based random testing of contractors and vendors on the basis of a calendar year, Entergy Operations, Inc. requests NRC approval of this exemption by January 1,1994.
h Current Regulation:
10 CFR 26.80(a), Audits: "Each licensee subject to this part shall audit the fitness-for-duty program nominally every 12 months. In addition, audits must be conducted, nominally every 12 months, of those portions of fitness-for-duty l
programs implemented by contractors and vendors. Licensee may accept audits j
of contractors and vendors conducted by other licensees and need not re-audit the l
i same contractor or vendor for the same period of time. Each sharing utility shall l
l maintain a copy of the audit report. to include findings, recommendations and corrective actions. Licensees retain responsibility for the effectiveness of j
contractor and vendor programs and the implementation of appropriate corrective l
action."
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Pronosed Exemntion:
Exempt Entergy Operations, Inc. from the requirement to audit licensee and contractor fitness-for-dtpy programs on a nominal 12 month frequency with a i
commitment to conduct performance based audits on a variable frequency.
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111. EXEMITION REQUIREMENTS Under 10 CFR 26.6, the Commission may grant specific exemptions from the t
requirements of this regulation provided certain standards are met. These are that l
the exemptions: (1) are authorized by law, (2) will not endanger life, property, or the common defense and security, and (3) are otherwise in the public interest.
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Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 Attachment I to CNRO-93/00027 Pace 5 of 14 Entergy Operations has evaluated the requested exemption in accordance with the above criteria. The request meets the requirements of 10 CFR 26.6 and should l
therefore be granted. The following analyses are in support of this application for exemption:
A. Exemption Criteria I
- 1. " Authorized by law":
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Entergy Operations, Inc. is currently authorized to operate Arkansas Nuclear One Units 1 & 2, Grand Gulf Nuclear Station, and Waterford 3 Steam l
Electric Station pursuant to licenses issued in accordance with the Atomic Energy Act as amended. The NRC is empowered to grant an exemption to a j
j regulation it has promulgated, and since no other prohibition oflaw exists to l
l preclude the activities which would be permitted by this exemption, the f
4 exemption is authorized by law, i
- 2. "Will not endanger life, property, or the common defense and security":
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Based on the high success rate to maintain a drug free work environment by licensee employees and contractors, other Federal Agency studies and i
conclusions, and increased drug awareness; there is no undue risk to the i
public health and safety as a result ofrandom testing oflicensee contractors and vendors at a rate equal to that currently proposed for licensee employees.
3 This exemption allows for continued safe operation of Arkansas Nuclear One
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Units 1 & 2, Grand Gulf Nuclear Station, and the Waterford 3 Steam Electric Station. Thus. Entergy concludes that the exemption is consistent with the common defense and security.
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- 3. "In the public interest":
Entergy Operations, Inc. is committed to achieving and advancing standards of world-class safety and operating performance and to producing electrical energy in the most effective and cost-efficient manner. This request is in the public interest because it promotes more efficient and effective use of 3
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l Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 Attachment I to CNRO-93/00027 l
Page 6 of 14 I
resources while providing sufficient measures to ensure the reliability and trustworthiness of our workforce.
B. Evaluation and Justification
- 1. Random Testing
- a. Industry Comparisons oftest Positives According to the American Trucking Association, recent drug testing revealed trucker positives to be 1.95 percent. According to the Department of Transportation, during the two year period 1990 through 1991, railroad worker positives were 0.95 percent and aviation worker positives were 0.66 percent. During the same period, contractors and vendors working in the nuclear power industry had a positive test rate of 0.56 percent while contractor and vendor positive ai Entergy's nuclear sites were 0.43 percent. (Note: Attachment 2 provides additional information for comparing fitness-for-duty performance for a these groups.)
It should be stressed that the nuclear industry's and Entergy Operations' fitness-for-duty perfonnance is exceptional when compared with other industries responsible for public safety. Approximately 20 percent of the nuclear industry positives are due to alcohol testing, which the Department of Transportation program does not include. Also, approximately half of the nuclear licensecs, including Entergy Operations, Inc. test for and report positives for marijuana at more stringent cutoff levels than the llealth and lluman Services standard for federal programs, such as the Nuclear Regulatory Commission and Department of i
Transportation. One would expect this to result in a higher rate of test positives within the nuclear industry as compared to other industries; however, even with a more comprehensive and stringent program the random test positive rate for Entergy Operations, Inc. is better than the aviation and railroad industries for 1990 through 1991 by a factor of almost two. Yet, as currently written, the proposed rule will require
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i Request For Exemption From 10 CFR 26. " Fitness-for-Duty Programs" August 20,1993 4
Attachment I to CNRO-93/00027 l
Page 7 of 14 i
1 Entergy Operations, Inc. to perfonn significantly higher random testing l
rates for contractors and vendors than justified by current studies and perfonned by others similarly situated.
j The average worker covered by the American Trucking Association and Department of Transportation has clearly demonstrated a higher probability to cause accidents resulting in the loss oflife than the average contractor in the nuclear power industry. This is due, in part, to the j
inherent defense-in-depth approach to design and operation of a nuclear power plant but more importantly to the type of work the majority of nuclear contractors are involved in (i.e., outage craft, painters, labors, insulators, etc.). Contractor and vendor activities at Entergy's nuclear sites pose essentially no risk to the public as a result of drug or alcohol
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related impairment due to the constraints imposed by plant procedures, post installation inspection and testing, and observation by Entergy l
employees. to name a few. The margin for error for safe operation of an airliner, freight train, or semi-tractor trailer is much smaller as demonstrated time and time again by actual events.
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Continuation of the 100 percent test rate for contractors and vendors will result in undue hardship and costs that are significantly higher than those incurred by others similarly situated. Entergy Operations,Inc contends i
that the aviation and railroad industries and the Nuclear Regulatory i
Commission are similarly situated in their responsibilities for public safety, necessitating cognate fitness-for-duty programs. The fitness-for-duty programs employed by the aviation and railroad industries and the Nuclear Regulatory Commission are considered to provide acceptable drug free worker populations at significantly lower random testing rates.
Although our drug fre
,ntractor populations compare favorably with the drug free populations t
.e aforementioned programs, the proposed regulation will require lintergy Operations, Inc. to test at a significantly higher rate based on the unconfirmed perception that our contractor performance is unacceptable or can be improved by testing alone.
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Request For Exeniphon From 10 CFR 26," Fitness-for-Duty Programs" August 20,1993 to CNRO-93/00027 Page 8 of 14 Application of the regulation in this particular circumstance is inconsistent l
with other rules or requirements of the Commission. Requiring the nuclear industry to perform different random testing rates for licensee employees and contractors will require implementation and maintenance of a two-tiered fitness-for-duty program. The two-tiered system is inconsistent with federal random drug testing programs. including that adopted by the Nuclear Regulatory Commission. In 1992, the NRC reduced its annual testing rate from 100 percent to 50 percent. As stated y
in SECY 92-176, the NRC rejected the option to maintain two separate testing groups for NRC workers because it "...may result in administrative inefficiencies.. " and "... limits cost savings / avoidance."
- b. Industrv Comparisons of Random Testing Rates In the November 1992 report to Congress by the General Accounting I
l Office, " Employee Drug Testing - Opportunities Exist to Lower Drug Testing Program Costs," they found "..the percentage of positive test results identified through random drug testing does not vary significantly among [Fedeml] agencies regardless of whether the agencies test at a lower level, such as 10 percent, or a higher level, such as 50 percent."
The General Accounting Office soggested that agencies reduce the frequency of random drug testing based on this fact. This study seems to
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conclude that the testing rate is not the deterrent to use of drugs but rather the existence of the testing program itself.
In the advance notice ofproposed rulemaking (57 FR 59778, December 15,1992), the Department of Transportation is considering lowering its program test rate below the 50 percent level now in effect for most covered personnel. The advanced notice of proposed rulemaking I
included: "Over the past three years, the rate consistently stayed well below 0.5 percent. The reports indicated that in this homogeneous, skilled, and stable population, there was no distinction in the percentage of positive testing results based on geography, age, etc..As a result of the apparent deterrent cITect of the testing program as demonstrated by
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carefully-maintained recordkeeping, long experience, and the decreasing 1
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Request For Exemption From 10 CFR 26, " Fitness-for-Daty Programs" August 20,1993 i
i Attachment I to CNRO-93/00027 I
Page 9 of 14 l
number of positive results. the Department lowered its federal employee random testing rate.
Effective March 1,1992, the Department has been conducting random testing at a rate of at least 25 percent annually. The positive rate continues to remain at a siminarly low level."
Additionally. the Department of Transportatien is exploring a performance based option that would allow testing at even lower rates than 25 percent for continued drug free populations of at least 99 percent.
i In the previously mentioned advanced notice of proposed rulemaking the Department of Transportation included: "The group's overall rate of q
testing would be determined by the success of the group in deterring drug
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use as measured by its rate of positive random tests. For example, if a l
group's positive rate is less that one percent over a given period of time, the group could be permitted to reduce the random testing rate (e.g., to 25 4
percent or 10 percent.) If the positive rate increased under a reduced random testing rate, the group would be required to retum to a higher random testing rate. The advantage of this approach is that it could lower i
costs to large segments of the transportation industry, if groups could maintain low positive rates. It would also provide an incentive to achieve 4
low positive rates, the ultimate objective of DOT's program, and would j
reward those groups with effective programs. Such an approach would also encourage such groups to use whatever additional steps other than i
testing that are appropriate in their situation, perhaps resulting in more effective programs. For example, some groups may find increased education helpful in increasing the effectiveness of their anti-drug
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programs."
Entergy Operations, Inc. and the nuclear industry as a whole engenders a culture which promotes the responsibility of each individual in the pursuit of excellence, including the pursuit of a drug free workplace. Contractors and vendors working at Entergy Operations. Inc. and within the nuclear industry possess many of the same qualities used to describe workers in other industries responsible for public safety. Other industries have provided reasonable assurance that workers are fit-for-duty through sustained verv high drug free worker populations, and have done this at l
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Request For Exemption From 10 CFR 26 " Fitness-for-Duty Programs" l
August 20,1993 i
l Attachment I to CNRO-93/00027 Page 10 of 14 l
significantly lower test rates. We believe the fitness for duty performance of our contractors and vendors also provides reasonable assurance of their reliability and trustworthiness and the very small difference between our employee and contractor test positives is not suflicient to require separate l
testing protocols. Consequently, application of a regulation requiring higher testing rates for contractors in this particular circumstance will not serve the underlying purpose of the rule and is not necessary to achieve the underlying purpose of the rule.
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The deterrent effect ofincremental adjustments in the random test rates of drug and alcohol testing programs has not been demonstrated and, alone, cannot be expected to produce identically drug free employee and contractor populations. The report prepared by the Battelle iluman l
Affairs Research Centers on the " Deterrent EfTects of Random Testing j
Rates" included: "The deterrent effect of random drug and alcohol testmg l
programs may not be sensitive to incremental adjustments in random l
testing rates. While random testing remains critical in deterring drug j
abuse, it is only one of the forces acting to deter drug use. Other
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I important factors include the elements of a broadbrush approach, personality and environmental factors, organizational factors, and drug-l l
specilic factors." The Entergy Operations, Inc. fitness for duty program, which includes pre-employment testing, training, employee assistance i
program, and sanctions, access authorization program and total quality principals, provide the elements of a broadbrush approach.
i Finally, there is present other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption. Since the development and implementation of the 10 CFR 26, there has been a significant increase in the use of drug testing i
programs and a corresponding increase in available performance data.
NUREG/CR-5784, " Fitness for Duty in the Nuclear Power Industry,"
l' included information from a national survey conducted by the American Management Association. The survey found that the number of surveyed firms with drug testing programs rose to 63 percent in January 1991.
l compared with 51.5 percent in January 1990. The survey went on to l
Request For Exemption From 10 CFR 26," Fitness-for-Duty Programs" August 20,1993 Attachment I t<> CNRO-93/00027 Page11of14 l
indicate that an almost three-fold increase in the number of Grms with drug testing programs had occurred since January 1987. Consequently, there is considerable new data which seems to demonstrate that very high random testing rates are not required to achieve low drug free worker populations. Important byproducts associated with the signi6 cant increase in drug testing programs throughout all industries include greater temperance with drug and alcohol by the overall workfbrce and increased c6'ectiveness of background investigations concerning drug or alcohol j
abuse.
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Burden Reduclion The disruption and lost productivity to Entergy Operations, Inc. due to l
continuation of the 100 percent test rate for licensee contractors and l
vendors are signincant and unnecessarily burdensome. Entergy's nuclear facilities perfomied 5,863 random drug screens on contractors and vendors during a three year period,1990 through 1992. Based on the average cost to perform a test in 1992, this equates to an approximate average annual cost of $122,000. During the remaining licensed operating life for Entergy's nuclear plants, a 50 percent reduction in the contractor test rate alone could afford savings greater than 1.6 million 1
dollars and greater than 25.000 man-hours in increased contractor productivity.
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While the higher rates of testing cannot be demonstrated to produce increased drug free contractor populations, the costs to Entergy Operations, Inc., and consequently the public, are signi6 cant. As previously mentioned. Entergy Operations, Inc, can project a Sl.6 million i
savings by implementing a 50 percent contractor test rate with high con 6dence that our drug free contractor populations will remain consistent v,ith those in the nuclear industry, Nuclear Regulatory Commission and the aviation and railroad industries. Ilence, the exemption would result in benent to the public health and safety that compensates for any potential decrease in safety that may result from the grant of the exemption.
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Request For Exemption From 10 CFR 26. " Fitness-for-Duty Programs" August 20.1993 to CNRO-93/00027 Page 12 of 14 l
- 2. Eitness-For-Dutylrainine and Audits a.
Frequency Significant administrative efficiency could be realized while maintaining adequate standards if fitness-for-duty training programs were perfbrmed based on a nominal 24 month frequency in lieu of the required a nominal 12 month period. The 24 month frequency would allow continueu efficient use of training resources since fitness-fbr-duty training is usually performed in conjunction with annual General Employee Training.
i The same would be true if fitness-fbr-duty program audits were perfbrmance based versus the prescriptive 12 month schedule. Audit resources could be more effectively administered by conserving resources in areas of high performance and increasing attention in areas where perfbnnance is trending downward or is less than acceptable.
- b. Perfbrmance Training and program audit frequencies are not safety sensitive elements of the Entergy Operations, Inc. litness-fbr-duty program. Changing l
fitness-fbr-duty training schedules to better meet the necds of personnel and perfonnance based audits fbcusing on areas with downward trending perfbrmance or unacceptable peribrmance will not adversely alTect the objectives of the rule. Therefore, application of regulation requiring training and audits to be performed on a 12 month frequency in this particular circumstance will not serve and is not necessary to achieve the underlying purpose of the rule.
Test scores have demonstrated excellent information retention and very high populations of drug and alcohol free workers confirm the effectiveness of Entergy Operations fitness-for-duty programs, of which training and education are a major component. Audits of contractor and Entergy Operations fitness-fbr-duty programs have not identified major
Request For Exemption From 10 CFR 26, " Fitness-for-Duty Programs" August 20,1993 to CNRO-93/00027 Page 13 of 14 deliciencies, which is further reinforced by outstanding fitness-for-duty results.
Based on the absence of any foreseeable consequences to program effectivenees versus the significant costs associated with the prescriptive 12 month training and audit requirements specified in the rule, the exemption would result in benefit to the public health and safety that compensates for any potential decrease in safety that may result from the j
grant of the exemption.
- c. Burden Reduction In 1992, Entergy's nuclear facilities processed in excess of 10,000 employees and contractors through fitness-for-duty policy communications and awareness training and 1,800 employees and I
contractors through fitness-for-duty training for supervisors. The disruption and lost productivity to Entergy Operations, Inc, due to the 12 month testing and audit frequencies are a significant and unnecessary burden. During the remaining licensed operating life for Entergy's nuclear plants, the proposed changes to training frequencies alone could afford increased employee and contractor productivity by more than 600.000 man-hours (= 288 man-years).
IV. CONCLUSION The aviation, railroad and trucking industries are considered to have successful-fitness-for-duty programs with drug free populations near 99 percent. Although tested under a more comprehensive and stringent program, Entergy's contractor and vendor test positives are comparatively very low and trending lower. Yet, as currently written, the proposed rule will require Entergy Operations, Inc. to test contractors and vendors at a significantly higher rate than demonstrated necessary by these industries.
The 100 percent random test rate conveys the incorrect perception that our contractor and vendor fitness-fbr-duty performance is unacceptable or can be U
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4 Request For Exemption From 10 CFR 26," Fitness-for-Duty Programs" August 20,1993 Attachment I to CNRO-93/00027 Page 14 of 14
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improved by testing alone. We are unaware of any study which concludes that worker fitness-for-duty is reduced by testing at less than 100 percent; however, the available data from the drug testing programs of numerous other industries, including the NRC. would seem to demonstrate that very high drug free worker populations can be achieved with random testing rates significantly below 100 percent.
As stated in the Commission's notice of proposed rulemaking published in the Federal Register on September 22,1988, "The purpose of random (unannounced) testing is to provide reasonable assurance that employees are fit for duty by identifying current drug users and by deterring drug users from further use or potential users from initial use." Entergy Operations, Inc. asserts that the available-data provides reasonable assurance that acceptable worker reliability and trustworthiness can be maintain at the proposed 50 percent testing rate.
Training and audit frequencies are not safety significant elements of the fitness-for-duty program and Entergy Operations Inc. believes fitness-for-duty objectives will not be compromised if refresher training is performed every 24 months and program audits are performance based. The fitness-for-duty program is a broad brushed approach and declining perfonnance should be promptly detected through the l'
numerous elements of this program, including various forms of drug testing, continuous observation, refresher training test scores, etc. Consequently, fitness-for-j duty refresher training and program audit frequencies should be relaxed as proposed i
in this exemption request.
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Request For Exemption From 10 CFR 26," Fitness-for-Duty Programs" August 20,1993 i
' Attachment 2 to CNRO-93/000 i
Page1of1 i
ASSOCIATION PERCENT TEST POSITIVES / (DRUG FREE) 1990 - 1991 1992 I
Employees: 0.23%
Employees: 0.17%
(99.77% Drug Free)
(99.83% Drug Free)
Entergy Operations. Inc.
Contractors: 0.43%
Contractors: 0.37%
(99.57% Drug Free)
(99.63% Drug Free) s i
Employees: 0.25%
Employees: 0.20%
(99.75% Drug Free)
(99.80% Drug Free)
Nuclear Industry Contractors: 0.56%
Contractors: 0.45%
l (99.44% Drug Free)
(99.55% Drug Free) i Aviation Industry 0.66 %
Not Available (99.34% Drug Free)
Railroad Industry 0.95 %
Not Available (99.05% Drug Free)
Trucking Industry 1.95 %
' Recent Testing (98.05% Drug Free)
Dates Not Available
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