ML20128F838
| ML20128F838 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 01/15/1993 |
| From: | Gibson A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mccluskie M AFFILIATION NOT ASSIGNED |
| References | |
| EA-92-244, NUDOCS 9302120048 | |
| Download: ML20128F838 (4) | |
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p JM i 5 1993 Docket No. 55 20312 License No. SOP-20161-2 EA 92-244 Mr. Mitchell C. McCluskie
[HOME ADDRESS DELETED UNDER 10 CFR 2.790)
Dear Mr. McCluskie:
SUBJECT:
NOTICE OF VIOLATION AND EXPIRATION OF LICENSE The Nuclear Regulatory Commission (NRC) received a letter dated December 23, 1992, from the Georgia Power Company (GPC) containing information about your confirmed positive test for marijuana. We also received a second letter dated December 23, 1992, from GPC informing us that they no longer have-a need to maintain your operating license for the E.1. Hatch Nuclear Plant.
Copies of these let es are enclosed. We plen to place both of the referenced letters from GPC in your 10 CFR Part 55 docket file.
In accordance with 10 CFR 55.55(a), the determination by your faellity that you no longer need to maintain a license has caused your license, SOP-20161-2, to expire as of December 23, 1992.
In addition, the following violation is being issued on your docket:
10 CFR 55.53(j) prohibits the use of marijuana.
Contrary to the above, the licensee violated 10 CFR 55.53(j) by using marijuana as evidenced by a confirmed positive test for that drug resulting from a urine sample submitted on November 23, 1992, This is a Severity Level III violation (Supplement VII).
The purpose of the Commission's Fitness-for-Duty requirements is.to provide reasonable assurance that nuclear power plant personnel work in an. environment that is free of drugs and alcohol and the effects of the use of these sub-stances. The use of illegal drugs is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. This violation is categorized as a Severity Level til violation in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"
10 CFR Part 2 Appendix C, because the use of marijuana by licensed operators -
is a significant regulatory concern. Because your license has expired,-you.
are not required to respond to the Notice of Violation at this time-unless you can_t.est the violation. Should you contest the Notice of Violation,-a response i
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.n, is required within 30 days of the date of this letter addressing the specific basis for disputing the violation.
This response should be sent to the Regional Administrator, NRC Region 11,101 Marietta Street, N.W., Suite 2900, Atlanta, Georgia 30323, with a copy to the Chief, Operations Branch, at the same address.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of federal Regulations, enforcement actions are placed in the NRC Public Document Room (PDR). A copy of this letter without the enclosures and with your address removed will be placed in the DDR unless you provide a sufficient basis to withdraw this violation within the 30 days specified above for a response to this Notice of Violation.
1he purpose of this letter is to make clear to you the consequences of your violation of HRC requirements governing fitness-for-Duty as a licensed operator, in accordance with 10 CFR Part 55.
If you reapply for an operating license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in you as a licensed operator and to abide by all fitness-for-Duty and other license requirements and conditions.
Should you have any questions concerning this action, please contact Mr. Thomas A. Peebles of my staff.
Mr. Peebles can be reached at either the address listed above or telephone number (404) 331-5541.
Sincerely, Cr.3i.,
slaned H. F.
d3od Albert F. Gibson, Director Division of Reactor Safety
Enclosures:
1.
J. T. Beckham ltr to A. Gibson w/ enc 1 containing 2.790 information dated 12/23/92 2.
J. T. Beckham ltr to S.D. Ebneter dated 12/23/92 cc w/o aM ress:
Mr. H. L. Sumner, General Manager Plant Hatch Georgia Power Company Route 1, Box 439 Baxley, Ga 31513 Part 55 Docket File CERTlflED Mall NO. P 258 014 636 RETURN RECEIPT REQUESTED
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Mr. Hitchell C. McCluskie 3
JM1 15 E03 bcc w/o a@rqsl:
J. Lieberman, OE R. Gallo,110LB, NRR N. Hunemuller, HOLB, NRR G. Jenkins, ElCS A. Herdt, DRP L. Lawyer, DRS L. Wert, Hatch Senior Resident Inspector OL FFD file (Regional LA) bec w/o address or englgsures:
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JAN I 5 D33 bec y/o addreli:
J. Liebennan, OE R. Gallo, HOLB, NRR N. Hunemuller, HOLB, NRR G. Jenkins, EICS A. Herdt, DRP L. Lawyer, DRS L. Wert, Hatch Senior Resident inspector OL FFD File (Regional LA)
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