ML20059E851
| ML20059E851 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick, 05508615  |
| Issue date: | 06/18/1991 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cotter B Atomic Safety and Licensing Board Panel |
| References | |
| CON-#493-14431 OM, SC, NUDOCS 9311040007 | |
| Download: ML20059E851 (3) | |
Text
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UNITED STATES
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June 18, 1991 g p ).47 OFFICE OF THE SECRETARY I
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MEMORANDUM FOR:
B.
Paul Cotter, Jr.
Chief Administrative Judge Atomic Safety an Li ensing Board Panel FROM:
amuel J.
- Chilk, c etary
SUBJECT:
ANSWER AND REQUEST FOR HEARING SUBMITTED BY DAVID M. MANNING The June 14, 1991 memorandum regarding David M. Manning's request for a hearing indicated that the hearing request was in response to an Order to modify the Facility Operating License issued to New
~
York Power Authority for the operation of the Fitzpatrick facility (Docket No.
50-333).
- Actually, Mr. Manning's request was in response to an order suspending his Senior Reactor Operator License (effective Immediately) and an Order to show cause why his License should not be revoked.
Notification of the " Order Suspending License (Effective Immediately) and Order To Show Cause Why License Should Not Be Revoked" were published in the Federal Recister at 56 Fed. Reg. 22020-22022 (May 13, 1991) (copy attached).
New York Power Authority submitted its answer to the Order modifying its facility operating license. The " Order Modifying License (Effective Immediately)" was published in the Federal Recister at 56 Fed. Reg. 22022-22024 (a copy of it was attached to the June 14, 1991 memorandum).
The Order Modifying License (Effective Immediately) is separate from the Order to Suspend and Order to Show cause referred to above.
Attachments: as stated cc: w/ attachments Commission Legal Assistants OGC EDO NRR ASLAP Office of Enforcement w/o attachments D. Jeffrey Gosch, Esquire Counsel for David M. Manning Ralph E.
Beedle New York Power Authority NUDOCS 9311040007 910618 PDR ADDCK 05000333 O
PDR-
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I 22020 Federal Register / Vet So, Nr. 92 / Monday M y 13, 1991 / N:tices i
l Type of Meeting FOR FURTHER INFOResADON CONTACT:
For the Nuclear Regulatory Commission.
)
[q open.
Michael P. Lee, Project Manager.
B.I. Youngblood.
l
- 4 Repository Ucensing and Quality Director. Division afnig/s2erel waste AGENDA Assurance Project Directorate. Division Mono *ement. Office a/NuclearMaterial i
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fune 19.1991 of High-Level Wante Management.
S fetyandsofeguards.
i j to am-Welcome.
Office of Nuclear Material Safety and
[FR Doc. 91-11300 Filed 5-1041: 8:45 hat]
q 10:15 a.m4pening Remarks.
Safeguards. U.S. Nuclear Regulatory suaea caos nomes.m l
1o 30 am-Program Report.
Commission. Mail Stop 4-H-3.
11 am-Operadon: Report.
Washington. DC 20555. Telephone 301/
- y 1 pm-Resean.frReport.
(Docket No. 55-4815 Woonse No. SOP =
49 M 421-3 pa-Aviation Safety Reportmg System 105d11-1 EA 91-0641 i'
-ji Pmgram Evaluat on.
suppi,mugwfAAV INFORMADON:On i
lj 5 pa-Adjourn.
August 24,1989, the NRC published the Order Suspending Ucense(Effectivo Juneaa m
" Notice of Availability" for the " Draft immediately) and Order To Show -
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!I 9 am-Aviation Safety Reporting System Technical Position (TP) on Methods of Cause Why Ucense Should Not Be Program Evaluation.
Evaluating the Seismic Hazard at a Revoked 1&45 an-New Business.
Geologic Repository" and solicited g,1 the matter of David M. Manning 1
ji -
1 pm-Adioum.
pubhc comments (see 54 FR 35206). As a Senior Reactor Operator:
l
[1, Da ted: May 7.1991.
result, approximately 40 comments were I
John W. Gaff.
received from three different parties.
I
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Advisory Comauttoe Management Officer.
The NRC staff reviewed the comments David M. Manning (Ucanseells the National Aeronautics andSpace and. as a result of these comments and a holder of Senior Reactor Operator Admimstrocon.
subsequent technical excharge with the License No. sop-10501-1 (License)
[FR Doc. F1-11287 Filed 5-1041: 8.45 aml U.S. Department of Energy (DOE). the issued by the NuclearRegulatory suam coon n*+s-a State of Nevada. Nye County, Nevada Commission (NRC or Commission) and the Edison Electric Institute, parsuant to to CFR part 55 on changes sad clarifications were September 9,1988.%e license -
NUCLEAR REGULATORY incorporated into the TF. Staff respanses authorizes the Licensee to manipulate..
3 COMML,.,;ON to these comments have been and supervise the manipulation of, the
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documented separately as an appendix controls of the nuclear power reactor at 1 f Avallability of Draft Staff Technical ~
to the draft TP now renamed " Staff the New York Power Authority's Position; investigations to identify Technical Position on Investigations to (Facility Licensee) Fitzpatrick Nuclear.
Fault Displacement and Selamle identify Fault Displacement and Seismic Power Plant in Scriba.New York.
Hazards at a Geologic Repository Hazards at a Geologic Repository."
D L
Actucv: Nuclear Regulatory to CFR part 60 does not specify the On October 9.1990, the Licensee.
s Commission.
manner in which potential fault while on duty at the Fitzpatrick facility.
ACnote Notice of availability, displacement and seismic har.ards at a was requested by the Faci!1ty Licensee -
candidate site for a geologic repository to provide a urine sample to the nurse at
{q SUMMAny:ne Nuclear Regulatory are to be investigated. Therefore, the the plant after being randomly selected Commission (NRC)is announcing the Division of High-Level Waste as part of the routine fitness for duty availability of the draft staff technical Management has developed this STP in chemical testirg program required of the position (STP) on " Investigations to Identify Fault Displacement and Seismic order to provide DOE with guidance on Facility Licensee by the NRC pursuant Hazards at a Geologic Repository, appropriate geologic repository to to CFR 28.24. Afterreceiving a sample investigations that can be used to from the Licensee, the nurse checked the
-[
DAtts:The comment period expires identify fault displacement and seismic temperature of the sample and found 7
june 27.1ML hazards. ne NRC staff considers that a that the temperature was below.
ADDRESSES: Send comm.ents to David L deterministic approach to investigations specifications in to CFR part 20 Meyer. Chief. Regulatory Publications of fault displacement and seistnic appendix A. I 2.4(g)(14), for accepting
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Branch. Division of Freedom of phenomena should be applied to DOE's the sample. As a result, the Licensee Information and Publication Services, site characterization program. Further, was requested to provide another urine Office of Administration. U.S. Nuclear the staff considers that the approach sample to the Facility Licensee pursuant Regulatory Commission. Washington, taken in this STP to investigations of t the same section of the appendix.The DC 20555. Copies of this document may be obtained free of charge upon written fault displacement and seismic Licensee refused to provide another j"
phenomena is apprcpriate for the sample. As a result, the Facility request to Anne E. Gattia. Repository Licensee, in accordance.with 10 CFR
' I' Licensing and Quality Assurance Project collection of sufficient data for input to 28.27(c). removed the Licensee from Directorate. Division of High-Imvel analyses of the fault displacement and licensed operator duties forcause.
-,1 Waste Menagement. Office of Nuclear seismic hazards, both for the preclosure placed the Licensee on 14 days leave.
lf Material Safety and Safeguards. U.S.
and postclosure periods of performance.
and referred the Licensee to an i
Nuclear Regulatory Commission. Mail Finally, the STPintroduces the Employee Assistance Program. Although Telephone 301/492-0438. A copy of the describes an approach through which portion of that program, the Licensee is Stop 4-H-3. Washington. DC 20555.
concept of " susceptible" faults and the Licensee has completed the inpatient l
draft STP is also available for public susceptible faults can be identified and still in an outpatient status. ls subject to l
inspection and/or copying at the NRC characterized.
monthly random testing, and has not Public Document Room. 2120 L Street been retumed to the duties authorized Dated at Rockvilla. Marylaod this e day of
[ Lower Level). NW., Washington. DC May.1991.
by his part 55 license.However, the 20555.
Il Licensee now has unescorted access
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[
Federal Regiatar / Vol. 58, No. 92 / Monday, May 13, 1991 / Notices 22021
)
and is involved in licensed activities controlled substance since October 1990, the Ucensee,in a Certificate of Medical subject to the part 50 license at the that be was now drug fnee, and that he lijstory (Form 390) signed by him on f
Fitzpatnck facihty.
had attended a thirty-dayinpatient April 14.1986, answered "No" to substance abuse clinic.
Question 24. "llave you ever had or do g
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IV y u now have any of the following?
On Apnl 24.1991, the Uunsee was
- *
- Drug. narcotic habit or excessive interviewed by an investigator from the The responsibilities associated with a drinking"(The Licensee did note on the NRC Office ofInvestigations concernmg senior reactor operator license issued form 390 that he was convicted of j
the circumstances surrounding the pursuant to 10 CFR part 55 are s
.. Driving While Ability impaired'* ln i
reasons why the tempersture of his sanificant with respect to the protection initial sample was below the of the public health and safety.The Oneida City Court. Oneida, New York in specifications, as well as his refusal to character of the individual, which April 1982.); and (3) the Ucensee refused provide a second urine sample to the mcludes the individual's exercise of to provide another sample to the facility r
Facility Licensee on October 9.1990.
sound judgment, is a consideration in L censee for testing when the 3
During that interview, the Ucensee issuing an operator license. See Section tempnature of the s..tial sample was na indicated that when he received notice 182a of the Atomic Energy Act of1954, below specifications because he knew 7
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from the Facdity Licensee that he was as amended. In determining whether or that his sample would be " dirty" with selected to provide a urine sample for not an individual seeking a license to be cocaine even though the Facility License I
the random drug test on October 9.1990.
a reactor operator has the necessary is required by part 20 to obtain a second he retrieved a bogus urine sample from character, including sound judgment, the sample. and the Licensee is required by his locker which he had previously Comnussion may take into account a part 55 to abide by all of the stored there a practice that he had history of illegal drug use by the requirements of the Facility Ucense.In started m August 1990 for this applicant. Prior to May 26, i987 each addition. the Licensee's failure to contingency, and went to the men's oppbcant for a reactor operator license conform to the prohibition against drug room on the way to the test and heated was required to certify that the use in New York Power Authonty's the sample to what he thought would be apphcant had no drug or narcot c habit program and the Commission's body temperature. De Licensee stated on the Certificate of Medicalllistory, requirements, which have the purpose of that he put the sample in his pants and NRC form 390. Since that time, the NRC protecting the public health and safety, went to the test facility where he has required an evaluation of the demonstrates an intentional disregard provided that sample to the nurse. The i.pplicant prepared by a licensed for the important obligations of a Licensee admitted that, although he was medical practitioner as part of a hcense licensed operator. The above actions informed by the nurse, shortly application. See to CFR 55.23(a). This demonstrate a lack of trustworthiness thereafter, that another sample was evaluation is represented on a by the Licensee and an inability or required because the temperature was certificate of Medical Examination. NRC unwdlingness to comply with the below the specifications required by the Form 390. See 10 CFR 55.23. Among the Commist'on's requirements.Derefore, testing program, he refused to provide factors to be considered by the the NRC does not have the necessary another sample.The Ucensee noted that certifying physician are factors such as reasonable assurance that the Ucensee because of his refusal to provide another use of illegal drugs or abuse of alcohol.
wdl carry out his dutlet to operate the sample as required by the fitness for See form 390; also ANSI /ANS 3.4-1983.
Fitzpatrick facility safely in a duty program regulations, he was section 52.2.
trustworthy manner and observe all mformed by his department supervisor.
In accordance with 10 CFR part 20. the applicable requirements including as well as the Resident Manager for the Facility Licensee established a program obligations relating to the fitness for Fitzpatrick facility, that he would be to provide reasonable assurance that duty requirements of the Facility placed on 14 days leave, and would be nuclear power plant personnel are not
- License, referred to the Employee Assistance under the influence of any substance, Pmgram for evaluation.
legal or illegal, which affects their VI Daring the interview with the NRC ability to safely and competently investigator, the Licensee indicated that perform their duties, including measures Dased on the above,if at the time the he did not want to provide the requested for early detection of persons who are License was issued, the NRC had known sample to the nurse when selected for not fit to perform hcensed activities.
of the Ucensee's inability or testmg on October 9,1990 (a Tuesday) unwdlingness to refrain imm the use of
]
t, because he knew it was " dirty" from illegal drugs, and if the NRC had known cocaine.The Ucensee stated that he had The Ucensee's actions descnbed in of the Licensee s willingness to attempt used about 1 gran of cocame on the sections il and 111 above raise significant to circumvent compliance with the Sunday before tue test. ne Licensee concerns regarding the Ucensee's Commission's regulations, the Ucense also noted that he had been using integnty and trustworthiness.
would not have been issued. Section too cocaine smce 1977 and had also used Sperdically, these concerns are: (1) The of the Atomic Energy Act of1954. as
" speed" during that time. The Licensee Licensee intentionally engaged in a amended, and 10 CFR 55.61(b) provide further indicated that on weekends he premeditated scheme to avoid detection that a license may be revoked for any used cacume in amounts from 1 to a cf his drug use and to violate the fitness reason for which a license would not be grams.
for duty program required by the NRC issued upon an original application.
The Licensee also admitted to the by stonng a " clean" sample in his locker Consequently,in view of the above NRC investigator that he had previously (which he admitted to have begun doing and lacking the requisite reasonable been referred to the Empicyee about three months prior to the test),
assurance that the Ucensee will abide Assistance Program as a resuh of a test and substituting that sample for the real by Commission requirements. I have that indicated cocaine use on an unnual sample that was required when be was determmed that the public health and phyncal screening in August 1988.
selected for a random test:(2) safety requires that the License be flowever, the Ucensee stated that he notwithstanding his admitted use of suspended. Pursuant to 10 CFR 2.::04. I had not used cocaine or any other cocame between 1977 and October 1990.
find that the public health and safety
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