ML20059E861
| ML20059E861 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick, 05508615  |
| Issue date: | 06/14/1991 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cotter B Atomic Safety and Licensing Board Panel |
| References | |
| CON-#493-14430 OM, SC, NUDOCS 9311040011 | |
| Download: ML20059E861 (4) | |
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UNITED STATES
[}) g ' 'g NUCLEAR REGULATORY COMMISSION WASHIN GTON, D.C. 20555 3:
- g gp,C 8 June 14,1991 OFFICE OF THE 91 JW 14 P4 54 SECRETARY
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, e t. hi.a MEMORANDUM FOR: B. Paul Cotter, Jr.
Chief Admir.istrative Jud en Atomic Safety and Licene ig Board Panel FROM: Samuel J. Chilk, Secre
SUBJECT:
ANSWER AND REQUEST FOR H RING SUBMITTED BY DAVID M. MANNING L Attached is an answer and request for a hearing submitted by David M. Manning. This petition was filed 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). The Order was issued to modify the Facility Operating License to prohibit Mr. David M. Manning from involvement in licensed activities, effective immediately. Notification of the Order Modifying License (Effective Immediately) was published in the Federal Recister at 56 Fed. Reg. 22022-22024 (May 13, 1991)
(copy attached). Please note that New York Power Authority also submitted an answer to the Order Modifying License, dated May 31, 1991 (copy attached).
The answer and request for a hearing submitted by David M. Manning are being referred to you for appropriate action in accordance with 10 C.F.R. Sec. 2.772(j).
Attachments: as stated cc: w/ attachments Commission Lega; 'ssistants 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 h
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22022 Federal Regist:r / Vol. 56, No. 92 / Monday, May 13, 1991 / Notices Nuclear Regulatory Commission (NRC I requires that this Order mutt be General Counsel for liearings and (ifective immediately. Enforcement at the same address. to the or Commission) pursuant to to CFR part i Regional Administrator, NRC repon 1. 50.The Ucense authorizes the operation l yg 475 Allendale Road. King of Prussia, of the Fitzpatrick facility in Scriba. New l Accordmgly, pursuant to sections 107, pennsylvania 19406 and to the Ucensee York, in accordance with the conditions i 101b.1011.182, and 186 of the Atomic if the heanng request is by a person specified therein.
Energy Act of 1954, as amended, und the other than the Ucensee. lf a person Commission's regulations in 10 CFR other than the Ucensee requests a II 2.202. 2.204. and 10 CFR part 55. It is hearing. that person shall set iarth with On October 9.1930. David M.
hereby ordered, effec;ive invi;edictely, particularity the manner in which his Manning (Mr. Manning), a licensed that licerse no. SOP-toS61-1 is hereby interest is adversely affected by this Senior Reactor Operator licensed under suspended pending further order. Order and shall address the criteria set 10 CFR part 55 at the Fitzpatrick facility, The Remonal Administrator. NRC forth in 10 CFR 2.714(d). while on duty at the facility, was region I. may relax or terminate this If a hearing is req csted by the requested by the Ucensee to provide a condition for good cause shown. Ucensee or a person whose interest is urine sample to the nurse at the plant yng adversely affected, the Commission will after being randomly selected as part of issue an Order designating the time and the routine fitness for duty chemical I.urther, pursuant to sections 107, 101b 101c.1011.1010,182 and 180 of the place of any hearing, if a hearing is held, testing program required of the Ucensee the issue to be considered at such by the NRC pursuant to 10 CFR 20.24.
Momit. Energy Act of 1954. as amended, hearing shall be whether this Order After receiving a sample from Mr.
and the Commission a regulations in 10 should be sustained. Manning, the nurse checked the CFR 2.202 and to CFR part 55,It is temperature of the sample and found hmby ordered that the Ucensee shall XI that the temperature was not within the show cause why bcense No. SOP- In the absence of any request for range specified in to CFR part 28, 10561-1 should not be revoked and w.hy hearing the provision specified in appendix A, i 2.4(g)(14), for accepting it should not have been suspended. Section VII above shall be final 20 days the sample. As a result, Mr. Manning IX from the date of this Order without was requested to provide another unne further order or proceedings. An answer sample pursuant to the same sectfon of Pursuant to 10 CFR 2.2021b) the r a request f r hearing shall not stay 1.icensee shall show cause as required appendix A.Mr. Manning refused to by section VIII above, by filing a written the immediate effectiveness of this provide another sample. As a result, the answer under oath or affirmation within rder. If an answer to this Order is Ucensee, in accordance with 10 CFR 20 days after the date ofissuance of this submitted as provided tn section IX but 26.27(c). removed Mr. Manning from order, setting forth the matters of fact a hearing is not requested, the Order licensed operator duties for cause, may be relaxed or rescinded as placed Mr. Manning on 14 days leave.
and law on which the Ucensee relies.
Any other person adversely affected by provided in section VII. llowever, unless and referred Mr. Manning to an the Order is relaxed or rescinded, the Employee Assistance Program. Although this Order may submit an answer to this Order within 20 days of the date of this Order provision of section V11is final. Mr. Manning has completed the in addition,in the absence of any inpatient portion of that program, Mr.
Order. "Ihe Ucensee may answer this Order, as provided in 10 CFR 2.202(d). reqwst for a hearing and in the absence Manning is still in an outpatient status, by consenting to the entry of an Order f adequate cause being shown as is subject to monthly random testira, suspending or revoking its license. Any provided in sections Vill and IX, an and has not been returned to the duties Order will be issued making the authorized by his part 55 license.
answer to this Order shall be submitted to the Director, Office of Enforcement, provisions specified in section VIII Ilowever, Mr. Manning now has U.S. Nuclear Regulatory Commission, effective and final without further unescorted access and is involved in attn: Document Control Desk, pr ceedings. activities subject to the 10 CFR part 50 Washington. DC 20555. Co%es also shall Dated at Rockville, Maryland this 2nd day license at the Fitzpatrick facility.
be sent to the Assistant General of M8Y 1W1- ggy Counsel for llearings and Enforcement for the Nuclear Regulatory Commission, at the same address, and to the Regional lames H. Sniezek, On April 24,1991. Mr. Manning was Administra tor. NRC region I,475 Deputy Executive Directorfor & clear interviewed by an investigator from the Allendale Road, King of Pnissia, Reactor Regulation. Regiona! Opemtions and NRC Office of Investigations concerning Penneyh anla 19406. ReseanA the circumstances surrounding the
[FR Doc. 91-113o5 Filed 5-1041: 8:45 am] reasons why his initial sample was X outside the acceptable temperature coe, y, The Ucensee or any other person range, as well as his refusal to provide a adversely affected by th!s Order may second urine sample to the Ucensee on request a heanng on this Order within [ Docket No.60-333, Ucense No. DPR-59 October 9,1990. Dudng that interview, 20 days of its issuance. Any request for EA 01-053] Mr. Manning indicated that when he a hearing shall be submitted to the received notice from the Ucensee that Secretary, U.S. Nuclear Regulatory Order Modifying Ucense (Effective he was selected to provide a urine Commission, attn: Chiaf, Docketing and immediately) sample for the random drug test on Service Section. Washington. DC 20555, in the Matter of New York Power October 9.1000, he retrieved a bogus and shallinclude a copy of the answer Authonty, Fitzpatrick; - urine sample from his locker which he to the Order. Copies of the hearing had previously stored there and went to request also shall be sont to the I the men's room on the way to the test Director, Office of Fnforcement. U.S. New York Power Authority (Ucensee) and heated the sample to what he Nuclear Regulatory Commissirsn. Is the holder of Facil*ty Operating thought would be body temperature.Mr.
Washington. DC 20555, to the Assistant Ucense No. DPR-59, issued by the Manning stated that he put the sample
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2 l'eder:1 R: gist:r / Vol. 50, No. 92 / hionday, hlay 13, 1991 / Notices 22023 l in his pants and went to the test facility substituting that sample for the real VI l where he provided that sample to the sample that was required when he was Accordingly, pursuant to sections 103. I nurse. Mr. Mannmg admitted that, selected for a random test:(2) 101b.101c.1011. and 1610,182, and 180 although he was mformed by the nurse, netwithstandmg his annitted use of l of the Atomic Energy Act of1954 as !
shortly thereaf ter, that another sample cocaine between 1977 and October 1990, amended. and the Commission's was required because the temperature Mr. Manning. in a Certificate of Medical regulations in 10 CFR 2.204 and 10 CFR was below the specifications required IIistory (Form 396) signed by him on part 50. It is hereby ordered, effective by the testmg program. he refused to April 14.1986, answered ,No, t immediately, that provide another sample. Mr. Manning Question 24. "Have you ever had or do you now have any of the following? . Ucense No. DPR-59 is modified by noted that because of his refusal to provide another sample as required by Drug. narcotic habit or excessive adding the following conditiom the fitness for duty program regulations, drinking" (Mr. Manning did note on the Mr. David M. Manning shall not participate he was informed by his department form 390 that he was convicted of in any licensed activity under License No.
supervisor, as well as the Resident " Driving While Ability Impaired" in DPR-59 without prior wntteu approval of the Manager for the Fitzpatrick facility, that Oneida City Court. New York in Apnl Regional Admimstrater, region 1. !! such he would be placed on 14 days leave. 1982.); and (3) Mr. Manning refused to approval is sought, the Licensee shall provide a statement ss to its basis for concludmg that and would be referred to the Employee provide another sample to the Licensee for testing when the temperature of the anm w p e y ca u ns Assistance Program for evaluation. ,
During the mterview with the NRC trutial sample was below the . of trustworthiness as descnbed in this Order.
investigator. Mr. Mannmg indicated tha t specifications because he knew that his
- he did not want to provide the requested sample would be " dirty" with cocaine. The Regional Administrator.NRC sample to the nurse when selected for even though the Licensee is required by region 1. may relax or terminate this testmg on October 9.1940 la Tuesday) part 20 to obtain a second sample, and condition for good cause shown.
because he knew it was " dirty" from Mr. Manning is required by part 55 and 17II cocame. Mr. Manning stated that he had his Senior Reactor Operator's license to used about 1 gram of cocaine on the abide by all of the requirements of the The Ucensee, Mr. Manning, or any Sunday before the test. Mr. Manning Facility 1.icense. In addition. Mr. other person adversely affected by this also noted that he had been using Mannma's failure to conform to the Order may submit an answer to this
- cocame since 1977 and had also used prohibition against drug use in the Order or request a hearing on this Order
" speed" during that time. Mr. Manning Commission requirements, which have within 20 days of the date of this Order.
further indicated that on weekends he the purpose of protecting the public The answer may set forth the matters of used cocaine m amounts from 1 to 3 health and safety, demonstrates an fact and law on which the Ucensee, Mr.
gmms. intentional disregard for the important Manning, or other person adversely Mr. Manning also adnutted to the obligations of a licensed operator. The affected relies and the reasons as to NRC investigator that he had previously above actions demonstrate a lack of why the Order should not have been been refermd to the Employee trustworthiness by Mr. Manning and an ssued. Any answer filed within 20 days Asststance Program as a result of a test inability or unwilhngness to comply of the date of this Order may also that indicated cocaine use during an with the Commission's requirements. request a hearing. Any answer or annual physical screening in August Therefore, the NRC does not have the request for hearing shall be submitted to l 1988. ilowever. Mr. Mannmg claimed necessary reasonable assurance that the Secretary, U.S. Nuclear Regulatory l that he had not used cocaine or any Mr. Manning will carry out part 50 Commission attn: Chief. Docketing and i other controlled substance since activities safely, in a trustworthy Service Section Washington. DC 20555.
October 1990. that he was now drug manner, and observe all applicable Copies shall also be sent to the Director, free, and that he had attended a thirty- requirements including obligations Office of Enforcement, U.S. Nuclear day inpatient substance abuse chmc. relating to the Ucensee's fitness for duty Regulatory Commission. Washington, Ig requirements. DC 20555, to the Assistant General V Counsel for llearings and Enforcement in accordance with to CFR part 20, the at the same address. to the Regional Licensee established a program to Mr. Manning's actions described Admmistrator, NRC region L 475 provide reasonable assurance that above are unacceptable and, Allendale Road. King of Prussia, nuclear power plant personnel are not accordingly,I have issued a separate under the influence of any substance. pennsylvania 19406, and to the Ucensee Order suspending his 10 CFR part 55 f the answer or hearing request is by a ,
legal or illegal, w hich affects their license. FF -rmore, as a result of his ability to saf ely and competently actions, I 16 he requisite reasonable person other than the Ucensee. lf a perform their duties, including measures assurance that, with Mr. Manning person other than the Ucensee or Mr.
for early detection of persons who are involved in any tivities licensed under Manning requesta a hearing, that person not fit to perform licensed activities. shall set forth with particularity the 10 CFR part 50, me Ucensee's current Mr. Manning's actions described manner in which the person's interest is operations can be conducted such that above raise significant concerns the health and safety of the public, adversely affected by the Order and, regardmg his inteenty and including the Licensee's employees, will should address the critena set forth m trustworthiness. Specifically, these be protected. Therefore, the public 10 CFR 2.714(d).
concems are: 11) Mr. Mannmg health and safety require that License If a hearing is requested by the l
i mtentionally engaged in a premeditated No. DpR-59 be modified to prohibit Mr. Licensee, Mr. Manning, or a person scheme to avoid detection of his drug David M. Manning from involvement in whose interest is adversely affected, the use and to siolate the fitness for duty bcensed activities under this license. Commission willissue an Order program required by the NRC by storing Furthermore, pursuant to 10 CFR 2.204. I designating the time and place of any a " clean" sample in his locker (which he find that the public heaLn and safety heanng. If a hearing is held, the issue to admitted to have begun doing about require that this Order must be effective be considered at such hearing shall be three months prior to the test). and immediately. whethe this Order should be sustained.
g 32024 rederal Register / Vol. So, No. 92 / Monday, May 13, 1991 / Notices In the absence of any request for a cf co.owncts. PSNII. one of the co. Mant safety margms are established hcanny the provisions specified in owners, is an c'ectric public utility thmugh hmitmg canditions for operation, action VI above shall be final 20 days organized and operating under the laws hmitirg safe ty system settings, and safety from the cafe of this Order without ' ef the State of New liampshire. h*i 'P"' fi'd i' th' "Ch"iC"I further order or proceedings. An answer Defore issuance of the proposed s;.cctficati ns. Smee there wdl be no change or request for a hearing shall not stay "
the immediate offectiveness of this bcense amendment, the Commission wdl have made findings required by the hn e$ i f.mrcms. uns. the proposed beense t any of hue eder. Atomic Fnercy Act of Int, as amended amendment wui nat involve a sigmficant if an answer to this Order is Ithe Act) end the Commission's reduction in a maron of safety.
abmitted as provided above but a rmulations.
hearma is not requested, the Order may The Commission has made a proposed The NRC staff has reviewed the ,
l e relaxed or rescinded as provided in determination that the request for hcensee's analysis and, based on this section VL liowever, unless the Order is amendment mvolves no significant review,it oppears that the three ,
relaxed or rescinded, the Order is final 1.azards consideration. Under the standards of 50.92(c) are satisfied. i as pronded above. Commission's regulations in 10 CFR Therefore. the NRC staff proposes to i Dated M Rock edle, Maryland this 2nd dav 50.92, this means that operation of the determine that the amendment request l facdity in accordance with the proposed involves no si;;mficant bazards
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of Mayin l For the Nuclear Regu!atory amendment would not (1) involve a consideration. !
Corraission. si:;mficant increase in the probability or The Commission is seeking public James 11. Sniczek, consequences of an accident previously comments on this proposed D puty Executive Director forNuclear evaluated, or (2) create the po :ibility of determination. Any comments received Reactor Reedouva. Regmna/ Operations ord a new or different kind of accident from within 30 days after the date of
&s earc h. any accident previously evaluated; or (3) publication of this notice will be
[i R D..c. 91-1 Do4 IMed 5-10-9t; 8 45 aml invohe a sigmficant reuuction in a considered in making any final s w uo caos n e w margin of safety, determination. The Commission will not As required by 10 CFR 50.91(a), the normally make a final determination licensee has provided its analysis of the unless it receives a request for a issue of no significant hazards hearing.
consideration, which is presented Written comments may be submitted below. The proposed change would not: by mail to the Regulatory Pub ications IDocket No,50-423)
- 1. Involve e s:enificant increase in the Branch. Division of Freedom cf Nortt east Nuclear Energy Co., pmbability or consequences of an accident Information and Publications Services, i previ uuy analyzed. Office of Adannistration. U.S. Nuclear Consideration of issuance of l As a result f the proposed hcense Regulatory Commission, Washington.
Amendment to FacillIV OP'ratin9 r.mendment there wiu be no physical change License. Proposed No Signtficant DC 20535, and should cite the to the Mdiatone Unit No. 3 faciLt> and all publication date and page number of Hazards Consideration Determination limiting conditions for operation. limiting and Opportunity for Hearing and safety system settings, and safety limits this Federal Register notice. Written
, Opportunity for Pubile Comrnent on specified in the technical specifications will comments may also be dehvered to Antitrust lasues remain unchaneed. Also, the M01 stone Unit roorn P-Z23. Phillips Building. 7920 Na. 3 Quality Assurance Pmgram and tha Norfolk Avenue. Bethesda, Maryland.
The U.S. Nuc! car Regulatory beency Han. kcunty Han. and Operat r from 7:30 a.m. to t15 p.m. Copies of Trainmg and Requahfication Pmgram wal be Commission (the Commission) is written comments received may 'oe considenng issuance of an amendment examhed at the NRC Public Document to Facihty Operating License No. NPF-c$afes 11 e era ng a anon or Ro m, the Gelman Buildl~ 2120 L personnel as a result nf the transaction
- 49. issued to Northeast Nuclear Energy described herein. Street. NW., Washin; . .. N filing Company, et al (the licensee) for 2. Create the possibihty of a new or of requests for hearing andt wouuce for operation of the Millstone Nuclear different kind of accident fren any Icave to intervene is discussed below.
Power Station. Unit 3. located at the prmously analyzed.
By June 12th 1991, the licensee may bcensee's site in New London County.
Connectuut. 13 ,"c{ddk 0 one file a r quest for a heariq with respect No. 3 or the manner in which it wiu operate, to issuance of the amendment to the The proposed amendment would The Millstone Urut No. 3 plant design and subject facility operating license and change Facility Operating License NPF- desina bases wdl remain the sama. The any person whose interest mr,y be
- 49. and authorire the transfer of Public current plant safety analyses will therefore affected by this proceeding and who Service Company of New liampshiWs remain complete and accurate in addressing wishes to participate as a party in the (PSNif s) 2.f175 percent ownership in the design basis events and in analyzing proceeding must file a written petition Millstone Unit 3 to a newly formed and PI '"' ' P"" '"d C "*"9 '"C'8- for leave to intervene. Request for a whoily owned subsidiary of Northeast hearing and petitions for leave to Utilitics (NU) as of the merger date. The h s[ttins'[a[ ty hmits specified in the techmcal specifications intervene shall be filed in accordance new wholly owned subsidiary will also for Minstone Umt No. 3 are not affected by with the Commission's " Rules of be called Public Smice Company of the proposed bcense amendment. As such. Practice for Domestic Liccasing New Ilampshire. the plant conditions for which the destn Proceedim;s" in 10 CFR part 2.
Millstone Unit No. 3 is a nuclear. basis accident analyses have been performed Interested persons should consult a powered electric generating facdity wdl remain vehd. Therefore, the proposed current copy of 10 CFR 2.714 which is which has been constructed and is being' k * *"" "d'""'C""" 'C'h' avei!able at the Commission's Public cperated by NNECO on behalf of 14 co.
owners (a F-oup of investor-owned and
[3 [to n ar ac$i n e u ly Document Room, We Gelman Building, 2120 L Street. NW., Washington, DC n aluated.
municipal utilities). The NRC Facuity 3. Involve a sign.6 cant reduction in a 20555 and at the Local Public Document Operating License NPF-49 includes a list maren of safety. Room located at the Learning Resources