ML20057G099
| ML20057G099 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 10/14/1993 |
| From: | Forney W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Ingalls S External (Affiliation Not Assigned) |
| References | |
| EA-93-216, NUDOCS 9310200169 | |
| Download: ML20057G099 (1) | |
Text
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October 14, 1993 l
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Docket No. 55-31736 License No. OP-30857 EA 93-216 1
Steven D.
Ingalls
[HOME ADDRESS DELETED UNDER 10 CFR 2.790]
Dear Mr. Ingalls:
SUBJECT:
ACKNOWLEDGEMENT OF REPLY TO NOTICE OF VIOLATION This letter acknowledges receipt of your letter dated October 8, 1993, replying to the Notice of Violation dated August 30, 1993, regarding your fitness-for-duty test taken on August 2, 1993. We have reviewed your corrective actions and have no further questions at this time.
Please be advised that, at this time, your resumption of licensed duties is contingent upon Northern States Power Company's evaluation of your fitness-for-duty, per their program, and your medical qualifications pursuant to 10 CFR 55.33(a)(1) and ANSI /ANS 3.4-1983.
Sincerely, Mark A. Ring for:
l William L. Forney, Acting Director Division of Reactor Safet, v 4
l cc:
D. D. Antony, Vice President,
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l Nuclear Generation E. L. 'a'atzl, Prairie Island 1
Site Manager
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T. E. Amundson, Prairie Island Training Department James Lieberman, OE CERTIFIED FAIL - RETURN RECEIPT REQUESTED bec:
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l UNITED STATES
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GLIN ELLYN. ILUNOIS 00137-T27 August 30, 1993 i
Docket No. 55-31736 License No. OP-30857 EA 93-216 Steven D.
Ingalls
[HOME ADDRESS DELETED UNDER 10 CFR 2.790)
Dear Mr. Ingalls:
SUBJECT:
NOTICE OF VIOLATION The Nuclear Regulatory Commission (NRC) has received a letter dated August 17, 1993, from Northern States Power Company informing us of your confirmed positive test for alcohol (copy enclosed).
We plan to place this letter in your 10 CFR Part 55 docket file.
This confirmed positive test is a violation of 10 CFR 55. 53 (j ).
The purpose of the Commission's Fitness-for-Duty requirements is to provide reasonable assurance that nuclear power plant personnel work in an environment that is free of drugs and alcohol and the effects of the use of these substances.
The abuse of alcohol is a serious matter which undermines the special trust and confidence placed in you as a licensed operator.
The violation is categorized l
as a Severity Level III violation in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, because the abuse of alcohol by licensed operators is a significant regulatory concern.
This violation is described in the enclosed Notice of Violation.
Please note that, in accordance with 10 CFR 26. 27 (b), future similar violations will substantially affect your authorization for unescorted access to a protected area of a licensed facility.
The purpose of this letter is to make clear to you the consequences of your violation of NRC requirements governing fitness for duty as a licensed operator.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice 1
Violation (Notice) when preparing your response.
In your
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of response, you should document the specific actions taken and any
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additional actions you plan to prevent recurrence in order tr ensure your ability and willingness to carry out the special trus and confidence placed in you as a licensed operator of a nuclear power facility.
After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
CERTIFIED MAIL RETURN RECEIPT REOUESTED W
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Steven D.
Ingalls 2
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l In accordance with Section 2.790 of the NRC's " Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations, enforcement actions are placed in the NRC Public Document Room (PDR).
A copy of this letter and the enclosed Notice of Violation with your address removed will be placed in the PDR unless you provide a sufficient basis to withdraw this violation within the 30 days specified for a response in the enclosed Notice of Violation.
The enclosed letter referenced above will not be placed in the PDR.
The response directed by this letter and the enclosed Notice are not subject to the clearance procedures of the office of Management and Budget as required by the Paperwork Reduction Act of 1980, Public Law No.96-511.
Should you have any questions concerning this action, please contact Mr. Mark A.
Ring of my staff.
Mr. Ring can be reached at either the address listed above or telephone number (708) 790-5602.
Sincerely, A
tp.
p/
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Martin-L/
Regicnal Administrator i
Enclosures-1.
Northern States Power Ccmpany letter dated 8/17/93 2.
Notice of Violation cc w/ enclosure 2:
D.
D.
Antony, Vice President, Nuclear Generation E.
L.
Watzl, Prairie Island Site Mana~ger i
T.
E.
Amundson, Prairie Island Training Department J.
Lieberman, Director i
Office of Enforcement (3)
M.
A.
Ring, RIII Resident Inspector, Prairie Island M.
K. Gamberoni, NRR Project Manager
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DISTRIBUTION PDR' LPDR SECY CI.
J.
Taylor, EDO q
H.
Thompson, DEDS l
J.
Sniezek, DEDR J.
Lieberman, OE L.
Chandler, OGC J.
Goldberg, OGC T.
Murley, NRR J.
Partlow, NRR Enforcement Coordinators RI, RII, RIV, RV Resident Inspector F.
Ingram, GPA/PA D.
Williams, OIG B.
Hayes, OI E.
Jordan, AEOD OE:ES OE:Chron OE:EA (2)
DCS State of Minnesota RAO:RIII SLO:RIII PAO:RIII IMS:RIII
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Steven D.
Ingalls Docket No. 55-31736 IHOME ADDRESS DELETED License No. OP-30857 UNDER 10 CFR 2.790)
EA 93-216 As a result of a notification from Northern States Power Company dated August 17,
- 1993, a
violation of NRC requirements was i
identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C,
the violation is listed below:
1 10 CFR 55.53(j) prohibits the licensee from performing activities authorized by a license issued under 10 CFR Part 55 while under the influence of alcohol.
"Under the influence" is defined in 10 CFR 55.53(j) to mean that the " licensee exceeded, as evidence by a confirmed positive test, the lower of the cutoff leve.ls for drugs or alcohol contained in 10 CFR Part 26, Appendix A,
of this chapter, or as established by the facility licensee."
Contrary to the above, the licensee performed licensed duties on August 2, 1993, while under the influence of alcohol as evidenced by a confirmed positive test for alcohol resulting from a breath analysis and a subsequent blood test submitted on August 2, 1993.
This is a Severity Level III violation (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, Steven D.
Ingalls (Licensee) is hereby required to submit a written statement or explanation to the U.S.
Nuclear Regulatory Commission, ATTN:
I Document Control Desk, Washington D.
C.
20555 with a copy to the Regional Administrator, Region III, 799 Roosevelt Road, Glen Ellyn, Illinois 60137, and a copy to the NRC Resident Inspector at the Prairie Island Nuclear Generating Plant, marked "Open by Addressee only," within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation:
(1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that i
have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date i
when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a demand for information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken.
Where good cause is shown, consideration will be given to extending the response time.
Under the authority of Section 182 of the Atomic Energy Act, as amended, 42 U.S.C.
2232, this response shall be submitted under oath or affirmation.
Dated t -len Ellyn, Illinois this day of August 1993 c; p o l6' ( @ O i