ML20129H094

Affidavit of Wj Hindman Re Allegations in Conservation Council of North Carolina Contention WB-3 That Drug Abuse Widespread & That Mgt Failed to Control Drug Use During Const

ML20129H094
Person / Time
Site:	Harris
Issue date:	07/10/1985
From:	Hindman W CAROLINA POWER & LIGHT CO., NORTH CAROLINA MUNICIPAL POWER AGENCIES
To:
Shared Package
ML20129H070	List: ML20129H067 ML20129H073 ML20129H082 ML20129H087 ML20129H091 ML20129H094 ML20129H099 ML20129H106
References
OL, NUDOCS 8507180503
Download: ML20129H094 (12)

Text

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a esCKETED USNRC UNITED STATES OF AMERICA .

NUCLEAR REGULATORY ykSJpN A10 '.59

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BEFORE THE ATOMIC SAFETY ANDFII!fCEN'SYUNYEdARD p 3 >:c.,

In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY )

and NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant) )

AFFIDAVIT OF WILLIAM J. HINDMAN,-JR.

County of Wake )

) ss.

State of North Carolina )

WILLIAM J. HINDMAN, JR., being duly sworn according to law, deposes and says as follows:

1. My name is William J. Hindman, Jr. My business address is P.O. Box 165, New Hill, North Carolina, 27562. I am employed by Carolina Power & Light Company (CP&L) as Manager, Harris Project Administration, at the Shearon Harris Nuclear Power Plant. I began full-time employment at the Harris site on February 17, 1979, as a Senior Engineer in the Project Anal-ysis element of the Harris site Management organization. Prior to that time I was on site part-time as Senior Engineer-Staff reporting to the Vice President for Power Plant Construction.

I served as Director-Project Analysis beginning in May, 1980 and as Manager-Harris Project Administration beginning in December, 1983. I received a Bachelor of Science Degree in 8507180503 850712 PDR 0

ADOCK 05000400 PDR.

Civil Engineering from Clemson University. A complete state-ment of my education, training and experience is provided as Attachment A to this affidavit.

2. M; arrent responsibilities, which have been assigned to me since being named Manager-Harris Project Administration in December, 1983 include management of supervisors responsible for Document Services, Project Services, Project Analysis, Ma-terial Control and Custodial, and for Office Administration. I have also served as the on site manager designated to interface with the CP&L construction security representatives who are re-sponsible for construction security services for the Harris Project. With respect to drug activity among employees at the Harris site, I have been designated by the Vice President, Harris Nuclear Project Department, as the project level coordinator of information pertaining to illegal drug use on the Harris Project.

3. The purpose of my affidavit is to respond in part to the allegations in CCNC Contention WB-3 that drug use at the Harris Plant is widespread and that Applicants' management has failed to control drug use during the construction. I will first describe the steps taken by CP&L to assure that contrac-tor employees are not working on site in violation of CP&L's _

drug abuse policy. Second, I will summarize th'e procedures followed on site for pursuing information on potential drug ac-tivity, and the actions taken when that information is con-firmed. Third, I will describe the Quality check program, 1

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which has been a source of information on alleged drug activity among site employees. Finally, I will discuss the industrial safety record achieved on the project.

4. Mr. Ferguson has provided information on CP&L's drug abuse practices and procedures, as well as the training and in-struction provided to CP&L employees at the Harris site.

Daniel International Corporation is the constructor at the Harris project, and the employees of Daniel and of Daniel's sub-contractors represent roughly 70 percent of'the site work force. Mr. Flowers and Mr. Pannill of Daniel have described Daniel's drug abuse policy and procedures applicable to those employees, as well as the instruction and training they re-ceive. In addition, CP&L has imposed, by contract amendment, a drug and alcohol abuse policy upon contractors at the site. A copy of the article incorporated into these contracts is pro-vided as Attachment B to this affidavit. It requires the con-tractor to communicate to its employees CP&L's drug abuse poli-cy, CP&L's right to search on its property, and CP&L's discretion to remove from the site any employee who does not cooperate with or is found to be in violation of CP&L's drug abuse policy.

5. When information becomes available which provides good cause for reasonable suspicion that an emp'loyee is in-volved in drug activity, the appropriate CP&L Security Agent, the appropriate section manager and I will confer to determine if a drug screen urinalysis test should be required. In the a

case of site employees involved in quality confirmation roles (Quality Assurance, Quality Control, Construction Inspection),

however, the drug screen test is administered to the employee even where there is no independent evidence to confirm drug in-volvement (e.g., on the basis of an anonymous allegation alone.)

6. In my capacity as project-level coordinator of all information pertaining to illegal drug use on the Harris Project, I am to be informed of all allegations of, or other information developed with respect to potential, drug use or other drug activity among project employees. In addition, CP&L Security and the section manager responsible for the suspected individual's work are notified. If Daniel employees are in-l volved, the Daniel Industrial Relations organization is notified by CP&L Security. CP&L Security and I will then plan, in consultation with the employee's supervisor, the appropriate actions to be taken to resolve the situation - whether through further investigation or immediate personnel action. If suffi-cient information is developed to confirm, or suspect on rea-sonable cause, a violation of CP&L's drug abuse policy, the employee is either required to submit to the urinalysis drug i

l screen or is terminated or removed from the site via CP&L's contractual right to direct contractors to remove any of their employees at CP&L's discretion. This has been the case with each of the 173 employees identified by Mr. King as involved in drug activity on the project since February, 1978. Finally, l

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where an employee is terminated or removed in part because of drug-related reasons, the relevant quality organization has been informed so that any corrective action necessary with re-spect to the employee's previous work may be identified and un-dertaken.

7. In 1984, CP&L implemented the Quality Check Program 1

l at the Harris Plant in order to provide an additional opportu-nity for site personnel to express concerns to management and receive feedback on their concerns. Under this program, num-

]

bered forms are available throughout the site for completion by

any employee having a safety concern he or she wishes to bring to the attention of management. Each such concern is investi-gated by a group of QA specialists and engineers and the re-sults of the investigation are then reported back to the employee. (If the employee wishes to remain anonymous, he can

determine the action taken on his concern by telephoning the Quality Check Program office and providing the form number of his concern.) In addition, as part of the Quality Check Pro-gram, each employee working in a safety area who leaves employ-ment at the site (whether by resignation, termination or reassignment) is scheduled to be interviewed by the Quality Check group in order to identify potential safety concerns.

The Quality Check group also conducts interviews of randomly selected site employees to uncover safety concerns. Any con-cern identified through these interviews are similarly fully 3 investigated by the Quality Check group. The most recent NRC

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Construction Appraisal Team inspection found the Quality Check Program to be an effective and viable method of addressing employee concerns. Employees have used this program to provide us with information on alleged drug activity.

8. One indicator, albeit indirect, that employees at the Harris site are not impaired on a widespread basis because of drug abuse is the outstanding industrial safety record achieved on the project. For example, the Daniel Construction Company and its subcontractor (Davis Electric Company) have a 0.77 in-cidence of lost workday accident cases per 200,000 workhours for the six month period ending April, 1985. By comparison, the North Carolina State Department of Labor, Injury Statistics (1983 - Construction (latest available date)] show a 4.7 inci-dence of lost workday accident cases per 200,000 workhours for heavy construction in North Carolina. The national average -

Construction 1984 Edition " Accident Facts National Safety Coun-cil" - for heavy construction in this same category is 3.5.

Additionally, the Harris project has experienced no fatal acci-dents.

Yb6W Nhtf/L -

William f Hindnian , b.

Sworn and subscribed to before me '

this /O**-day of July, 198 5.

NET - n Notary Public My Commission expires 2i/28/27 .

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ATTACHMENTS TO AFFIDAVIT OF WILLIAM J. HINDMAN, JR.

Attachment A: Resume of William J. Hindman, Jr.

Attachment B: Contract article amendment (Drug and Alcohol Abuse Policy) e O

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Attachment A i

RESUME WILLIAM J. HINDMAN, JR.

MANAGER - PROJECT ADMINISTRATION Birthdate: April 22, 1943 Education and Training:

BS Degree in Civil Engineering from Clemson University - 1965 Engineer Branch Of ficer Basic Course (400 classroom hours) at U. S. Army Engineer School - 1966 Conversational Spanish Course (480 classroom hours) at Defense Language Institute - 1966 Military Police Officer Course (350 classroom hours) by extension from U. S.

Army Military Police School - 1971 Engineer Branch Officer Advanced Course (475 classroom hours) at U. S. Army Engineer School - 1974 U. S. Army Command and General Staff College through U. S. Army Reserve School Program - 1978 Professional Affiliations and Achievements:

Member of American Society of Civil Engineers Member of American Nuclear Society Member of Reserve Officers Association Registered Professional Engineer in North Carolina Registered Land Surveyor in North Carolina Registered Professional Engineer in South Carolina Experience Prior to Joining CP&L:

1965 - 1968: U. S. Army Corps of Engineers 8th Special Forces Group (Airborne), Fort Gulick, Canal Zone -

Captain U. S. Embassy Ecuador - Member of Mobile Training Team U. S. Embassy, Peru - Team Chief for Technical Advisory Team

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' Resumn William J. Hindman, Jr.

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1968 - 1974: N. C. State Highway Commission, Raleigh, NC l

Traffic Engineering Department - Assistant Traffic Research Engineer N. C. Department of Transportation, Traffic Engineering Branch - Traffic Research Engineer l

Experience with CP&L:

03/25/74: Employed as a Senior Engineer - Staff reporting to the Vice President of the Power Plant Construction Department, located in the General Office, Raleigh, North Carolina.

02/17/79: Reclassified as Senior Engineer and transferred to the Project Analysis Subunit of the Harris Jite Management Unit, Nuclear Construction Section, Power Plant Construction Department.

Located at the Harris site, New Hill, NC.

05/03/80: Promoted to Director - Project Analysis in the Harris Site Management Section of the Power Plant Construction Department.

Located at the Harris site, New Hill, NC.

01/31/81: Reorganization - Department renamed to Nuclear Plant Construction.

09/03/83: Reorganization - Department renamed to Harris Nuclear Project 12/01/83: Promoted to Manager - Harris Project Administration in the Harria Nuclear Project Department.

07/05/85 l

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't, WILI.IAM J. HINDMAN, JR.

6 ADDITIONAL MILITARY EXPERIENCE (U. S. ARMY RESERVE)

I.- May, 1969 - October, 1969 Assistant S-3 (Captain) - 171st Support Group - Staff responsibility for training planning and implementation of training by a command group headquarters and subordinate units.

II. October, 1969 - January, 1973 Commander - 805 Military Police Company (Physical Security) -

Supervisory responsibility for two full-time U. S. Government staff assistants and management responsibility for approximately one hundred twenty-five Army Reservists who met four drills per month.

III. January, 1973 - October, 1978 Training Officer - Headquarters, 120th U. S. Army Reserve Command -

Staff responsibility for review, inspection, and reporting of class-room instruction presented by U. S. Army Reserve Schools in North and South Carolina.

IV. October, 1978 - September, 1980 Director, Military Occupational Specialty Training (Major) - 3286th USAR School. Responsible for managing a staff and faculty of approx-imately fifty senior grade personnel involved in conducting instruc-tional training for approximately five hundred military personnel in eastern North Carolina.

V. September, 1980 - December, 1981 Director, Enlisted Courses (Lieutenant Colonel) - 3286th USAR School. Responsible for approximately one hundred staff and faculty personnel involved in training one thousand enlisted personnel in skill and leadership subjects.

VI. January, 1982 - March, 1984 Battalion Commander (Lieutenant Colonel) - Second Battalion, 108th Division. Responsible for five infantry companies and a battalion staff comprised of reserve personnel plus several full-time U. S.

Government' employees.

VII. April, 1984 - January, 1985 >

Brigade Executive Office (Lieutenant Colonel) - Third Brigade, 108th Division. Served as chief of staff and second in command for infantry organization consisting of four battalions of reserve personnel and fourteen full-time U. S. Government employees.

i i VIII. February, 1985 - Present Brigade Commander (Colonel Position) - Third Brigade, 108th Division, Reports directly to the Commanding General of the 108th Division.

Responsible for-command and overall performance of the 3rd Brigade including four assigned battalions.

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07/05/85

l Attachment B DRUG AND ALCOHOL ABUSE POLICT The Owner is vitally concerned with the safety and well-being of its employees and the employees of its Contractors. Therefore, it is important for the Contractor to be aware of the Owner's policy regarding the use of drugs and consumption of alcohol:

The use, possession, or sale of narcotics, hallucinogens, depressants, stimulants, marijuana, or other controlled substances on the Owner's property, or in pursuit of the Owner's business, is prohibited. Also, unauthorized consumption of alcohol on the Owner's property is prohibited.

(This does not apply to medication prescribed by a licensed physician and taken in accordance with such prescription.)

The term " Owner's Property" includes any property or facility owned, leased, or under the control of Carolina Power & Light Company wherever located, including land, buildings, structures, installations, boats, planes. -

helicoptars, and other vehicles. The Contractor's assistance in implementing the policy where contract labor is concerned is essential.

In this respect, Contractor agrees to advise its employees and the employees

• of any subcontractors and agents:

1. Of the owner's policy on drug and alcohol abuse set forth above; That entry onto the Owner's premises constitutes consent to a search or

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inapaction of the employee and his or har property, including vehicles, se any time when on the Owner's presstses; and

3. That any employee found in violation of the policy, or who refuses to permit a search or inspection as specified above, may be removed and barred from the Owner's property at discretion of the Owner.

The Contractor also agrees to institute control measures to prevent the use, possession, or sale of drugs or controlled substances on the Owner's property, or while engaged in contract work for the Owner.

It is understood that all terms and conditions of the Contract, to which this i Order is a supplement, shall apply to this Order except as specifically stated herein otherwise.

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