ML20148H786
| ML20148H786 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 03/24/1988 |
| From: | Gridley R TENNESSEE VALLEY AUTHORITY |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| NUDOCS 8803300082 | |
| Download: ML20148H786 (11) | |
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TENNESSEE VALLEY AUTHORITY CHATTANOOGA. TENNESSEE 374ot SN 157B Lookout Place MAR 241988 U.S. Nuclear Regulatory Commission ATTN:
Document Control Desk Washington, D.C.
20555 Gentlemen:
-In the Matter of
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Docket Nos. 50-327 Tennessee Valley Authority
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50-328 SEQUOYAH NUCLEAR PLANT (SQN) - INSPECTION REPORT NOS. 50-327, 50-328/87-67 Enclosed is our response to S. D. Ebneter's letter to S. A. White dated January 7, 1988, regarding the subject inspection report. This responso contains comments which respond to the significant observations of the report, including areas where the Office of Nuclear Power procedures on the TVA Fitness for Duty Program differ from the NRC policy statement or the Edison Electric Institute (EEI) Guidelines.
A change in the date for submittal of this response to March 31, 1988, was discussed with Loren Bush of NRR on March 15, 1988.
If you have any questions, please telephone F. L. Ginn of my staff at 615/751-7667.
Very truly yours, TENNESSEE VA EY AUTHORITY R.
ridley, Di or Nuclear Licen ing and Regulatory Affairs Enclosure cc:
see page 2 l
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R 02 800324 9CK 05000327 f}
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l An Equal Opportunity Employer
. U.S. Nuclear Regulatory Comission cc (Enclosure):
Mr._K. P. Barr, Acting Assistant Director for Inspection Programs TVA Projects Division U.S. Nuclear Regulatory Commission Region II 101 Marietta Street, NW, Suite 2900 Atlanta, Georgia 30323 Mr. G. G. Zech, Assistant Director for Projects TVA Projects Division U.S. Nuclear Regulatory Commission One White Flint, North 11555 Rockville Pike Rockville, Maryland 20814 Sequoyah Resident Inspector Sequoyah Nuclear Plant 2600 Igou Ferry Road Soddy Daisy, Tennessee 37379
ENCLOSURE SEQUOYAH NUCLEAR PLANT S. D. EBNETER'S LETTER TO S. A. WHITE DATED JANUARY 7,1988 RESPONSE TO INSPECTION REPORT NOS. 50-327 AND 50-328/87-67 The following is TVA's Office of Nuclear Powcr (ONP) response to the seven significant inspection findings (page 2 of the referenced inspection).
FINDING 1 NRC COMMENT ONP's written policies differ from some of the features contained in the Commission's policy statement or recommended by the EEI guide. Most of these differences provide management latitude in handling problems on a case-by-case basis. On page 4 of the subject report, it states:
"Immediate revocation of access to the nuclear plants tu not prescribed but is the practice."
ONP RESPONSE Section 6.2.6.c, Current ONP Employees, of the Fitness for Duty (FFD) Program Procedure No. 0905.01.04 states that, for ONP employees, a first-time positive test result will normally lead to referral to the Employee Assistance Program (EAP).
In all cases, an employee's S-1 Special Medical Approval is revoked, and unescorted nuclear plant access is suspended.
S-1 medical approval is required for unescorted nuclear plant access. Once the Division of Medical Services (MED SV) revokes the S-1 medical approval, unescorted nuclear plant access is in fact immediately revoked. ONP is changing the procedure to add the word "immediately."
NRC COMMENT on page 4 of the subject report it states:
"Discharge is not specified for the sale, use, or possession of illegal drugs while on the job.
Furthermore, discharge is not specified for the illegal sale of narcotics, drugs, or controlled substances when off duty and when off company premises. As for the sale, use, or possession of illegal drugs while on company property, there is an inconsistency between paragraph 6.1.1 (violations are subject to disciplinary action up to and including discharge) and paragrapt. 5.2.6c (violations will result in termination).
TYL's Office of General Counsel reported that the reason discharge is not specified is that Federal law requires disciplinary measures be determined on a case-by-case basis.
ONP's practice is to discharge for violations of the above standards of conduct."
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_2 ONP RESPONSE ONP is changing section 6.1.1 to read: "TVA employees violating this standard will be terminated."
The ONP FFD procedure covers of f-the-job behavior under section 6.1.3 and states:
"The use, possession, or sale of illegal drugs off the job by persons within the scope of this policy is prohibited (see section 2.1).
Violation of this standard shall result in the denial of site access or, in the case of TVA employees, disciplinary action up to and including termination." This is consistent with the August 1985 revised EEI guidelines which state under key program elements (p. 3, part c) "illegal _use of drugs off duty and off company premises is not acceptable because it can affect on-the-job performance, and the confidence of the government in the company's ability to meet its responsibilities; such use may result in discharge."
On page 6, Policy I, Illegal Drugs, it states:
"The unlawful involvement with drugs or narcotics off Company property will constitute grounds for severe disciplinary action, up to and including termination of employment."
Based on the above, ONP's procedure meets the requirements of the EEI guidelines while allowing ONP to take action based on the merits of each individual case, although on-the-job abuses require termination.
NRC COMMENT On page 4 of the subject report it states:
"Handling of drug or alcohol use among employees in designated positions is not described; ONP does not use designated positions."
ONP RESPONSE All employees covered under the FFD procedure are in designated positions and are treated the same.
We are not planning any changes in the procedure.
NRC COMMENT On page 5 of the subject report it states:
"Employees are not informed that law enforcement will be notified whenever illegal drugs are found.
Empicyees are notified that illegal drugs will be conficcated."
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. ONP RESPONSE ONP has a close working relationship with local law enforcement officials and has always turned illegal drugs found on ONP property over to lccal law enforcement.
Section 6.1.1 of the FFD procedure informs employees that illegal drugs discovered in an individual's possession on TVA property shall be confiscated. To further emphasize this, the following is being added to Section 6.1.1, Illegal Drugs:
"Any illegal substance on ONP property shall be confiscated and turned over to the appropriate law enforcement agency and may result in criminal prosecution."
Employees art to be notified of this addition.
NRC COMMENT on page 5 of the subject report it states:
"Employees are not informed that appropriate measures will be taken to determine the scope of illegal involvement with drugs, e.g., to identify source of the drugs and other employees who may be involved."
ONP RESPONSE In the past, a number of dif ferent organizations includi is TVA's Of fice of the General Counsel, TVA's Inspector General's (IG) Office of Nuclear Security, and local law enforcement officials have investigated suspected drug use in ONP.
In April 1987, the IG investigated allegations of drug uso at SQN which resulted in the removal of 16 employees from the SQN site.
This investigation was the subject of widespread media attention including front page coverage of local newspapers and TVA publications.
To further emphasize the potential scope of investigations, we are adding the following to section 6.2.6.c of the procedure:
"Prior to the Manager of ONP making a decision, the employee should be interviewed.
A labor relations of ficer and the employee's supervisor should interview the employee regarding the positive test.
The interview is designed to determine the scope of drug involvement and identify the source of drugs and any other employees who may be involved."
Employees are to be notified of this addition.
_4 FINDING 2 NRC COMMENT on page 2 of the NRC report it states:
"Chemical tests of body fluids are used for preemployment screening, for granting unescorted nuclear plant access, for cause, and for follow-up tescing of ONP employees previously tested positive. Random testing of persons with unescorted access began on October 13, 1987."
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"Cutoff limits are high and may not identify "casual" or occasional use of drugs."
ONP RESPONSE The U.S. Department of Health and Human Services (HHS) proposed "Scientific and Technical Guidelines for Federal Drug Testing Programs" (HHS Guidelines) to impitment President Reagan's Executive order 12564 (52 Federal Register 30638, August 14, 1987). MED SV, when developing its alcohol and drug testing guidelines, used the cutoff levels recommended by the HHS guidelines.
For marijuana, the cutoff en the initial screen is 100 ng/ml.
Further, in a meeting with NUMARC, the FFD Working Group, and the NRC point-of-contact for FFD on January 20, 1988, NRC representatives indicated that NRC will abide by the HHS guidelines.
The ONP Labor Relations Staff (LRS) has been surveying other utilities to determine what cutoff levels are being used. Also TVA's MED SV is conducting an analysis to determine the number of samples which fall within the 50-100 ng range. Once this information is reviewed, ONP will consider whether adjustments are warranted.
NRC COMMENT On page 2 of the subject report it statos:
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"Only confirmed positive test results are provided ONP management.
Therefore, an employee who has abused drugs may be permitted to remain on the job af ter TVA has initial indications that drugs may have been used."
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-S-ONP RESPONSE The EEI guidelines on page 25, part c (Chemical Testing of Body Fluids) recommends that if chemical testing is used, considorable care must be taken to ensure that testing results are accurate.
Further, the proposed HMS Guidelines for Federal drug testing programs, which were looked to by TVA in developing the FFD policy, state that only confirmed positive test results should be reported as positive.
We will add a sentence to Section 6.2.5 Analysis and Reporting of Test Results, to provide that MED SV will notify the Manager of ONP or his designee of a preliminary positive test result for cannabinoids, cocaine, or alcohol on an administratively confidential basis.
In such an event, MED SV will also suspend the employee's S-1 Special Medical Approval and notify Nuclear Security of the suspension pending investigation.
If investigation confirms positive test, clearance is revoked.
FINDING 3 NRC COMMENT On page 2 of the subject repcet it states:
"0NP and contractor supervisors have been trained and appear to understand their FFD Program responsibilities."
ONP RESPONSE In order to continue our effort in training supervisory personnel, the supervisory training program on FFD has been strengthened and all supervisory personnel, including contractors, will be required to attend.
Emphasis will be placed on drug awareness, the impact of drugs on the workplace, TVA's EAP, the drug testing pecgram in ONp, how to recognize the signs and symptoms of drug abuse, and the procedures lnvolved in dealing with drug-related problems.
This will be a four-hour program and plans call for all employees and contractor personnel to be trained by April 27, 1988.
FINDING 4 NRC COMMENT On page 2 of the subject report it states:
"0NP employees and contractors were aware of this policy, however, their csneerns were not resolved during awareness briefings."
. ONP RESPONSE In conjunction with the supervisory training program, all ONP employees and contractor employees are required to attend a 90-minute FFD Training program.
This contains information on the ONP drug-testing program, drug awareness, and the impact of drugs in the workplace.
Further, if af ter training employees still have unanswered questions, they will be encouraged to write those questions on a form and an answer will be provided.
FINDING S NRC C0KMENT On page 2 of the subject report it states:
"No formal audit program has been developed, however, an audit of the FFD Program has been performed by a contractor."
ONP RESPONSE In September 1987, an audit of ONP's FFD program was conducted by Bensinger, Dupont and Associates, a nationally recognized expert in drugs and alcohol abuse.
Bensinger concluded that "the revised FFD Policy successfully meets the EEI key program elements, the INPO criteria, and the NRC policy statement. The ONP program is especially strong in the following orcas:
l policy development (including written policy and supporting proceduchs); top management support; union briefings and notifications; contractor briefings and notifications; liaison with local law enforcement bodies; chemical testing of biological specimans (alcohol and other drug testing and a viable EAP).
The remaining areas. FFD employee information and education, supervisory training and management coordination, and oversight are functioning adequately.
If these later areas are strengthened, they would transform an already excellent program into a true "showcase" program for the nuclear power industry."
In order to continue to monitor and improve the FFD program, the TVA Division of Nuclear Quality Assurance has scheduled a review of the ONP FFD program for the third quarter (April, May, and June) of 1988. Reviews will be conducted on a regular basis thereafter.
FINDING 6 NRC COMMENT On page 2 of the subject report it states:
"Minimal statistical data are kept, and there has been no systematic reporting or data analysis."
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_7 ONP RESPONSE Since random drug testing began in October 1987, data on number of tests performed, number of positive tests, types of drugs discovered, and disposition of results have been gathered on drug testing and the EAP.
This information is reported to the Manager of Nuclear Labor Relations and the Manager of ONP on a monthly basis and cortinually reviewed to ensure that the FFD program is operating effectively.
FINDING 7 NRC COMMENT On page 2 of the subject report it states:
"The TVA EAP appears to be effective."
ONP RESPONSE TVA has an active ongoing EAP.
This program is centrally administered and has counselors at all of the nuclear site / projects.
The following observations were made in the body of the inspection report.
NRC COMMENT on page 5 under Top Management Support, it states:
"The inspectors also concluded based upon interviews of supervisory and nonsupervisory ONP employees that mid-level management does not willingly support the policy."
ONP RESPONSE As stated earlier, we have strengthened the FFD training for supervisors and are currently retraining all ONP and contractor supervisors.
Emphasis is placed on the supervisor's obligation to observe employees' behavior and performance for possible drug or alcohol abuse and to take action when he/she observes signs of such abuse.
NRC COMMENT On page 6 of the subject report it states:
"Several interviewed could not recall or define training received.
Knowledge of EAP was very limited."
.. ONP RESPONSE-As indicated previously. ONP has developed, in addition to the General Employee Training, a 90-minute training session for all employees covered under the FFD procedure.
The training is being conducted at this time with plans to have all employees trained by April 27, 1988.
Also, beginning in March 1988, we are planning on publishing FFD information on a quarterly basis. This will. include a poster, with an FFD theme, which will be placed on all bulletin boards and a corresponding article in "Upfront" magazine (an internal TVA nuclear-related news publication sent to all ONP employees).
ONP is also working to develop a program for a more widespread distribution of information on EAP.
NRC COMMENT On page 10 of the subject report it states:
"An apparent weak link in the chain of custody occurs during transport of the samples from SQN to headquarters in Chattanooga. The box containing the samples is hand carried to the plant mail room, where it may be left
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unattended, or transferred to a wooden shed near the site boundary guard I
station, before it is picked up by a TVA courier. No hand receipts are used to ensure traceacility."
ONP RESPONSE Shortly af ter implamentation of the Random Drug Testing Program, the procedure was changed. The TVA courier picks up samples from the TVA medical station, along with a chain of custody form which is signed by anyone who has custody of the sample.
NRC COMMENT l
On page 14 of the subject report it states:
"A substance abuse committee has not been established nor do key people l
l fulfill committee functions on an ad hoc basis. Although ONP's LRS has l
been assigned responsibility for developing the FFD program and administrative guidance, a FFD program manager has not been formally designated."
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ONP RESPONSE The Manager, Labor Relations Staff, is responsible for the FFD program for ONP and reports directly to the Manager of Nuclear Power. The responsibilities section of the FFD procedure is being changed to indicate this location of responsibility.
In addition, an FFD Oversight Committee has been formed to deal with issues arising under the FFD program and to make recommendation to the Manager of ONP on the disposition of positive results. This committee is currently composed of the following:
Manager of Nuclear Labor Relations, Chairman Assistant Manager of Nuclear Power Director of Medical Services A representative of the Office of the General Counsel serves as a legal advisor to the committee.
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