ML20086B893
| ML20086B893 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 06/06/1991 |
| From: | Manning D MANNING, D.M. |
| To: | |
| Shared Package | |
| ML20085N398 | List: |
| References | |
| EA-91-054, EA-91-54, NUDOCS 9111210123 | |
| Download: ML20086B893 (12) | |
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j-i nuYTan afkraa MEsLaut - AL2IM12AI ocetr angy
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- n the Matter of
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tryrmavi;
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DAY 1D W. MAFNING,
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Docket No. 55-8615
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License No. 50P-1054;-L Senior Reactor-Operator.
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Enforcement Action
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No,91-054 STATE OF NEW YORX) at COUNTY OF_CSWEGO )
DAVID M.
4ANNING, $snior Reactor operator, being duly svorn, as and for his affidavit to the United States Nuclear Regulatory Commission (Commission) in response to the "Crder Suspe ) ding License (If f ective. Iamediately) and order to Show cause Why License 3hould Not Se Revokad,' (hereinaf ter " Order")
dated May 2, 1991 respectfully states that:
1.
I am the-Senior Reactor Operator who is the subject o tas order and make this affidavit-in opposition-to the suspenst:
of my License as a senior Reactor operator and its proposed revocation as good cause exists to withdraw the suspension and t deny the proposed revocation of my License.
2.
I as represented in this matter by D. Jeffrey Gosch, jl Esq., attorney-at-law, who is also the atterney for my collectiv
' bargaining agent, Local 2032, International Brotherhood of I
, Electrical Workers, A. T. L. -C. I.o. (Local 2032).
l 9111210123 911105 PDR ADOCK 05SOO615 O
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3.
I admit the factual al wlations as set forth ta section "I.= of the order in regards to my License, and what tt auenoritee se to do and where.
4.
I admit tne factuai cliegations as to my use :!
uriaw!d drugs in violat:on of the policies of the United States
.4uclear Regu' atory Commission (hereinaf ter " Commission")
and of my employer, the Power Authority of the state of New York (hereinaf ter "Pover Authority"), my effort to thwart the randem drug tant on October 9, 1990 and the r6ason therefore as mere particularly set forth in sections numbered "II",
"III" nnd "V" randon testing on 4 monthly or more frequent basis as set forth in section
"!I."
I further admit that I told the Cor. mission's Investigator on April 24, 1991, that I had previously tested positive for cocaine in kugust of 1984 but deny any inference that this had not been previously made known to the reprocentatives of the commission by the Power Authority in l iOctober of 1990.
I also admit that I have not used any drug or i, unlawful substance since october 1990, that I attended a thirty
. (30) day inpatient treatment program and am now drug free.
5.
I admit my dental of an ur. lawful drug or narcotic 8
habit on my NRC fers 396 (Certificate of Medical Mistory), dated April 14, 1984, as related in * (2)
- section "V" of the order, tu 2
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it was not a wilful misrepresentation by me as I truly believed,
'at that time, that my use of cocaine was not a "habita and habit was not otherwise defined on the form.
6.
I deny the-subjective conclusions as to my trustworthiness and my inability or unwillingness to cooply with the applicable rules and regulations of the ccamit Jion and/or the Power Authority as contained in the Order.
I further deny any inference as maybe contained in the Order, that my conduct complained of in the order, which may have been contrary to the rules and regulations of the commission and/or the Power I
Authority, was not related to I
also deny any interer4ce that say be contained in the order that I ever performed my duties as a Senior Reactor Operacor while under the influence of unlawful drugs or ever did so unsafely, i
7.
I deny each and every other allegation as to my conduct as ntybe set forth in the Order not heretofors specifically admitted or denied.
8.
As a result of my refusal to provide a second urine sample and subsequent detersination to be treated as having tested positive,.I was referred to and evaluated under the i'
- Employee Assistance Program (T.AP) of the Power Authority, as j agreed upon with my union, Local 2032.
The avsluation took place on October 11 and 17, 1990 and, as a r valuation, I
. entered an inpatient treatment program i
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9.
I successfully complated the inpatient treatment program at I
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i 10.
After my discharge from inpatient treatment and prior to my return to unescorted access, I met twice with William l
Fernander, II, Resident Manager at the FitzPatrick Nuclear i
Facility, and completed to his satisfaction the requirer.nts of
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the Fitness For Duty Work Activity Control Program of the Power f
Authority.
At the second seating, Mr. Fernandes explained tri i
staged program of evaluation and monitoring he was going to l
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I follow to ensure that, when I returned to my duties as an
, operator, it would be in the facility's and my best interests to I
do so,
- i. *eadily accepted this program as I believed Mr.
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,Fernandez to be correct in his approach as I wanted my return to il operator duties to be appropriate.
t 11.
I returned to my employment and unsscorted access on December 3, 1990, but not to my previous job duties as a Senior 4
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- Reactor Operator and Tave been tested approximately eight (8) times, unannounced, for the presence of any unlawful drug or narcotic since my return.
The most recent test occurred on June 3,
1991.
I have been told that all such tests have been j
negative.
I readily consent to have such frequent and unannounced tests continue for such period of time, as may be i
determined to be appropriate by the commission r Power j
Authority, to continue to reasonably assure them that I am free l
of unlawful drugs or narcotic use and will remain so.
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14.
Since my return to work at the Power Authority I had, 1
until the order, unescorted access and vas assigned to the I
l Planning Department, where I assisted in the planning, scheduling i
and execution of a planned outage for the plant.
Upon information and belie f, to wit, discussions with my supervisor, Douglas J. Lindsey, Planning Superintendent, the outage was i
successfully accomplished and I played a significant role in its sucessa.
While perf orming those duties, I had a tuge amount of I
overtime, the majority of which occurred bAtveen December 3, 1990 and the completion of the outate on or about March 18, 1991 l
(212.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> - over 9.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per week) (see Affidavit of Mr.
Patrick Trawley at Exhibit Tab E).
These hours were, in part, t
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accumulated by long work days and work weeks that were stressful but which I handled well and without relapse.
15.
I originally came to work for the Power Authority on i
January 26, 1961 as an Auxiliary Operator A.
I became a Huclear lOperatorBonJanuary26, 1982, became a Nuclear Control Operator i
on December 21, 1982, less shr.n a year later, on August 20, 1983, l became a Senior Nuclear Operator, and on September 2 1986 became
,a Senior Reactor Operator.
On three separate occasions I have been temporarily upgraded to Assistant Shift Supervisor for extended periods of time - January 9, 1987 to April 25, 1987 (106 6
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..f days) september 21, 19 8 8 to Feb rua ry 2 5, its' (157 dayai and January 14 1990 to october 9, 1990 (247 days) (although carrted the Power Autnority's personnel records until ogg,g,g on 3
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for a total of
$30 days, over a year and ons. half in tht
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upgrade in less than a f our year pericd (see Travley Af fidavit at Exhibit *ab E).
I also was the only operator selected to serve on the lia Jon team f or the design and construction of the plant 1
specific cr e'ations room simulator.
16.
- o the best of dy knowledge, but which I believe others will also attest to, I
I have always been an exemplary cc:pleyne in the performance of my dutiet through out my ten plus years of employment at the iow.e Authority.
I have a1vays successfully completed my recertification and other testing j
requi reme nt s.
Further, and perhaps more importantly, my i
supervisors and my f ellow employees have been very supportive of mv rehabilitation and return to work.
Since my return on i
17.
I have never used unlawful drugs or narcotte' while or
- .e $ob or prior to the commencement of my shift whtch would havi l af fected my on the job performance and always had the utmost l
concern for the safety of the plant and its efficient operation.
My concern was manifested by my use of my sick leave to ensure that I was never under the influence or possihty under the
- influence while on t.he job.
I never brought any unlawful drugs or alcohol to work and have never sold any drugs or given them t 7
,f any Power Authority employee.
I had untentricted access to the facility for over ten years, prior to October 9, 1990 and for five montne efter my discharge from the inpatient treatment program end return to work. and never cosaitted any act which wou;d place my trustworthiness in the plant at issue.
I have t
never been convicted of any crime, let alone one related to j
illegal drug possession or sale.
I as trustworthy.
f 18.
I realize and understand from my treatment that my dental of a i s an integral part of the nd f
which manifested itself in my efforts to deceive the Power Authority on my randon drug test in october of 1990 and to be
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less than candid in my self evaluations as to whether I had a drug " habit' when ansvering the questionr. on NRC for1s 396 in bot 1984 and 1986 for the Consission.
t 19.
I have been f ree of unlawful drugs and narcotics for i
over seven (7) nonths and vill continue to be so.
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l I have, and will continue to, contro and wi'11 resa:
l free of all illegal drugs and narcoti s.
20.
My licensing as a Senior Reactor operator is very i
l important to me as it is my liv 11 hood and the satisfactory or better performance of my job duties has always been a watter of j
great personal pride to me.
Although the Power Authority, for i
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the imposition of the sanctions required by part 24 of 10 crn, as
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treating this ustter as a first positive test, it is viewing my I
1990 as a second positive test under the test or october 9,
previously agreed upon CAP vith my union and any relapse on my part vi;; result in sy tamediate termination.
5 21.
The Investigator for the commission's office of
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- nvestigations who interviewed se on April 24, 1991 did not seet from se any details as to my complianc nd he did not seek any inf ormation from as as to my job duties and the perf ormance 1
thereof since my return to unescorted access.
Although the g
Investigator did request my instion to obtain all of my *.reatment records fro I refused as too broa i
a request.
He did not seek my permission for th r
i and I, frankly, did not think to make such an'offor to him.
The Commission's Investigator, to the east of my kaovledge, did not asek to spe.sk t
with any of my past or present supervisors as to my performance or conduct on the job.
The Commission has never sought to have ll, se evaluated by its ovn representative and, to the best of my
.I:i knowledge, the Investigator was not a licensed professional
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'l qualified to make such an evaluation.
The Investasator's interview of me only lasted a few hou and, I believe that his total time at the FitsPatrick racility conduct his inquiry was ' ass than twenty-four (24) hours.
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22.
Tr.c suspension and proposed revocation of my License is not appropriate as 7 have successfully completed my treatment I,
program, have been rehabilitated and continue to be trustworthy.
f The Power Authority has engaged in a carefully phased program of 4
l my working in a non-operator capacity observation and monitoring j
my rehabilt>.ation to ensure that my return to status as a sanier I
Reactor operator is appropriate and withcut any threat to the j
safety of the facility, other employees or myself.
23.
Since my treatment and more fully understanding l
1 have been forthright and candid in addressing it and acknowledging it to others.
This is, in part, reflected in my j
full and complete disclosures to the Investigator from the l
Commission, Mr. Jerry cullings, on April 24, 1991, of my past f
conduct which now maxe up part of the concerns of the commission as set forth in the order.
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24.
I reasonably believe that the suspension and proposed revocation of my License may violate the prohibitiuns found in rederal Law and the code of rederal Rules and Regulations in that the commission is unlawfully discriminating against se in its licensing of me predicated on my 6
2 5.. I respectfully request that, if the Presiding officer I does not set aside my suspension and deny the revocation of my License on these answering papers, that e hearing be held in this
! matter and that an oral presentation be.ade to create an 10
Y adequate record by enabling the Presiding of ficer te judge my credib(11ty in person and that of all other parttee to thte mattgr.
24.
I respectfully request that the museension of my License es a Senior Reactor operator be set aside and my License not be revoked as good cause exists why such should not occur as set forth herein and as any be otherwise set forth in the other answering documents submitted herewith.
DAVID M. MAMMING t
sworn to before as this day of June, 1991 Nota ry Punite
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adequate record by enabling the presiding otticar to judge my credibility in person and that of all ether parties to this eatter.
26.
I respectfully request that the suspension of my
- scense as a Senior Reactor Operator be set aside and sy Licerse not be revoked as good cause crists why such should not occur as forth herein and as may be othervise set forth in the other set ansvertny documents submitted herewith.
i
/m/ David W. Mannine DAVID M. MANNING t
Sworn to before me t. Tis P
4th day of June, 1991
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