ML20065J736

Responds to Forwarding Committee Rept Re Investigation Into Handling of Drug Test by Util

ML20065J736
Person / Time
Site:	South Texas
Issue date:	10/25/1990
From:	Rogers K NRC COMMISSION (OCM)
To:	Dingell J HOUSE OF REP., ENERGY & COMMERCE
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ML20065J742	List: ML20065J736
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NUDOCS 9011140153
Download: ML20065J736 (2)

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- UNITED STATES

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',4 NUCLEAR REGULATORY COMMISSION p

+l W ASHf NG TON. D. C. 20666

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October 25, 1990 CHAIRMAN 6

The Honorable John D. Dingell Chairman, Committee on Energy-and. Commerce' United States House of Representat_ives l

Washington, D.C.

20515

Dear Mr. Chairman:

I am responding onfbehalf of the Commission to your. letter of-i September 24, 1990, which-forwarded a report.by the Co.nmitte-staff'of its: investigation into the handlingz of a drug testibyEthe q

Houston Lighting arid Power. Company before the < implementation of' q

the Commission's fitness - for duty regulations',' codified at-10 CFR.

Part 26.

Our initial analysis.of:several of'the' issues raised in' your report is enclosed.

A number of the ~ issues which.the -repori, addresses!were of concern i

to the Commission during development of,Part 26.

The Commission-already has scheduled a review.of the-results of the' fitness ~for duty program and the lessons learned during-implementation of Part 26 in the summer of.1991.. WeLintendyto include-the issues raised o

by the Committee staf f as part of1that review The NRC staff will continue to work closely with the National-.

Institute on Drug Abuse (NIDA) to achieve the:goalLof:a' safe,.__ drug free workplace. -We have sent a copy-of.your letter 'and.the q

enclosed mport to NIDA so~that they may consider'the testing a

issues a w ciated with the program that HIDA developed;in accordanu with Executive Order.No'. 12564, of September. 15, 1986'.-

Some of the ces identified in the report mayJbe more appro.

priate for hu '

rather than the NRCc to address..cThese-include the establishment of uniform GC/MS procedures', blind performance I

testing, adequacy of laboratory documentation, improvements:in chal.lenge procedures, and establishment of'a professional j) certification program for' medical: review officers ~(MR0s) and-laboratory personnel.

As youc note. in your letter,. the Commission recently published f or.

comment aiproposed amendment ~to'10 CFR'26.24 which.would prohibit taking action against an individual based solely'onDan'unconfiraed j.

positive screening test result ~

-The Commission-will' carefully i

consider public. comments-concerning the uw.idment and wi11 ensure that a proper balance is maintained be'.m n'the'public.need for~

safe nuclear operations and the indiv Mual's; rights.

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' g u m ASCO SC%

9011140153 901025 PDR CO'1MS NRCC I

CORRESPONDENCE PDC s

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The Honorable John D. Dingell -

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Finally, on October 11, 1990, the: Houston Lighting:and Power.

Company forwarded to the NRC'its: evaluation of the Committee's investigation report.-

A' copy of the utility's letter-is enclosed f or your 'inf ormation.

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. Sincerely.

-1 i

J W Y6 Kenneth C.. Rogers; i

LActing Chairman i

Enclosurcs 1.

IIRC Comments on Issues-Raised 2.

October 11, 1990 letter _from~ Houston J

Lighting &. Power Company _.to Chairman Ca rr cc:

The Honorable Norman Lent Dr. Joseph H. Autry, NIDA r

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