ML20137V197

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Discusses 970103 Telcon & 970124 Correspondence,Informing of Positive Test for Marijuana & Clarifies Consequences of Jp Ryan Violation of NRC Requirements Governing Fitness for Duty as Licensed Operator
ML20137V197
Person / Time
Issue date: 01/31/1997
From: Jaudon J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Ryan J
AFFILIATION NOT ASSIGNED
Shared Package
ML20137V202 List:
References
IA-97-007, IA-97-7, NUDOCS 9704170237
Download: ML20137V197 (3)


Text

3 January 31,1997 IA 97-007 Mr. James P. Ryan

[HOME ADDRELS DELETED UNDER 10 CFR 2.790]

Dear Mr. Ryan:

SUBJECT:

NOTICE OF VIOLATION The Nuclear Regulatory Commission received telephone notification from Southem Nuclear Operating Company (SNC) on January 3,1997 which was followed up with formal correspondence dated January 24,1997, informing us of your confirmed positive test for marijuana (Enclosure 1). We plan to place this letter in your 10 CFR Part 55 docket file.

This confirmed positive test identified a violation of 10 CFR 55.53(j). 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 substances. The use of illegal drugs is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. The violation is categorized as a Severity Level 111 violation in accordance with the " General Statement of Policy and Procedures for NRC Enforcerent Actions," NUREG-1600, because the use of illegal drugs by licensed operators is a significant regulatory concem. This violation is described in the enclosed Notice of Violation (Endesure 2). Please note that, in accordance with 10 CFR 26.27(b), future similar violations will substantially affect your authorization for unescorted access to the protected area of a licer, sed facility.

The purpose of this letter is to make clear to you the consequences of your violation of NRC requirements goveming fitness-for-duty as a licensed operator. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice of Violation (Notice) when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan 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 of a nuclear power facility. After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.

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 Enclosure 1) and the enclosed Notice of Violation with your address removed will be placed in the PDR after 45 days unless you provide a sufficient basis to withdraw this violation.

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9704170237 970131 PDR STPRC ESGGEN PDR }{gjgj}((}jy.{),l}lll,lII!3Ik

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if you have any questions conceming this action, please contact Mr. Thomas A. Peebles of j my staff. Mr. Peebles can be reached at either the address listed above or telephone number (404) 331-5541.

Sincerely, Original Signed by

J.P.Jaudon

! Johns P. Jaudon, Director Division of Reactor Safety l~

Docket No. 55-20393 License No. SOP-20194-3 4

Enclosures:

1. January 24,1997 Letter

, from Facility Licensee j 2. Notice of Violation j

cc w/enci 2 w/HOME ADDRESS DELETED:

Southern Nuclear Operating Company, Inc.

a ATTN: Mr. D. N. Morey Vice President P. O. Box 1295 Birmingham, AL 35201 cc w/enct 1 and 2 w/HOME ADDRESS DELETED:

Part 55 Docket File

J.Ryan 3 bec w/enci 2 w/HOME ADDRESS DELETED:

JLieberman, OE MSartorius, OE BSummers, OE:EA File (2 Itrhd)

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