ML20059J332
| ML20059J332 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9009190265 | |
| Download: ML20059J332 (2) | |
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UNITED STAT ES '
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NUCLEAR REGULATORY COMMISSION
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3 W ASHIN GT ON, D.C. 20555 a
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L 3,y 3, 1990-RELEASED TO THE PDR OFFICE OF THE
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O-r MEMORANDUM FOR:
James M.-Taylor Executive Director for Operations:
FROM:
ual J. Chilk, Secretary
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SUBJECT:
SECY-90-136 - FITNESS FOR DUTY - TENNESSEE VALLEY' AUTHORITY i
This is to advise you that the Commission-(with Commissioners--
Roberts, Rogers,. and Curtiss agreeing) has approvedLissuance of a proposed rule modification which would add-the following to 10
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CFR Section 26.24 (d) :
"No individual may be removed'or' temporarily suspended from unescorted ~ access based: solely on unconfirmed positive initial screening test results in the absence of other evidence that the individual is impaired or that?the individual might otherwise pose a safety hazard "
The Commission (with Commissioners = Roberts, Rogers, and Curtiss agreeing) does not support relaxation of Section 26.24(e) to-allow a licensee's management to act on the basis.of'an l
unconfirmed initial positive test without further information on why the initialitest results cannot be: confirmed'by the MRO and i
communicated to licensee's management within-10 days.,
If the-staff believes that there is & need for additional changes in this matter, the staff should advise the Commission of the basis for its belief that there are-problems in this area and propose-revisions to deal with the problems when it submits:the rulemaking' package on Section 26.24 (d).
l A Federal Register Notice should be prepared to solicit public comments on the proposed amendment to 10 CFR Part 26 and forwarded for Commission review and approval..
(EDO)
(SECY Suspense:
5/31/90) 0?l27 l
NOTE:
THE SRM'AND THE SUBJECT SECY PAPER WILL BE MADE l
PUBLICLY AVAILABLE WHEN THE PROPOSED RULE IS PUBLISHED IN THE FEDERAL RFGISTER 9009190265 900500 (Di PDR 10CFR P 79, 7 PNU
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i Chairman carr disapproved this~ action; he disagrees that TVA's l
program represents-a." relaxation" of.the rule and he supported the staff's, alternative of reconsidering the desirability-of removing employees from unescorted. access at the earliest-
-possible time after a preliminary positive test.
Commissioner Remick disapproved.
He is not convinced that the; actions by TVA create a significant problem, and does-not believe that the NRC should intrude into an area of management:
prerogatives.
Therefore, he believes that the Commission should neither reexamine this issue nor make a modification to the Fitness-for-Duty-Rule.
cc:
Chairman Carr.
Commissioner Roberts Commissioner Rogers
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Commissioner Curtiss Commissioner Remick 4
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