ML20148P892

Discusses Insp Repts 50-424/97-03 & 50-425/97-03 on 970303-07 & Nov.Insp Conducted to Review Various Aspects of fitness-for-duty & Physical Security Programs

ML20148P892
Person / Time
Site:	Vogtle
Issue date:	06/25/1997
From:	Jaudon J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mccoy C SOUTHERN NUCLEAR OPERATING CO.
Shared Package
ML20148P897	List: ML20148P892
References
50-424-97-03, 50-424-97-3, 50-425-97-03, 50-425-97-3, EA-97-208, NUDOCS 9707030105
Download: ML20148P892 (4)

See also: IR 05000424/1997003

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June 25, 1997 i

EA 97 208

Southern Nuclear Operating Company, Inc.

ATTN: Mr. C. K. McCoy

l Vice President

P. O. Box 1295

Birmingham, AL 35201-1295

SUBJECT: NOTICE OF VIOLATION l

(NRC INSPECTION REPORT NOS. 50 424. 425/97-03)

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Dear Mr. McCoy:

This refers to an inspection conducted during the period March 3 - 7, 1997, at

the Vogtle Electric Generating Plant. The ins)ection was conducted to review

various aspects of your Fitness for Duty and P1ysical Security programs. The

results of this inspection were discussed with members of your staff on

March 7,1997, and were formally transmitted to you by letter dated April 4,

1997.

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As addressed in the subject inspection report, two issues were identified

associated with the apparent failure to protect the confidentiality of the

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results of an individual's preliminary drug screening test in accordance with 1

10 CFR 26.24(d)(1) and the failure to protect >ersonal information I

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appropriately in accordance with 10 CFR 26.29()). These two issues were

identified in our inspection report as Unresolved Items (URI) 50 424, 425/

97 03 01 and 50 424, 425/97 03 02, respectively, pending additional review by

the staff. At the initial inspection exit meeting, you denied that a l

violation of 10 CFR 26.24(d)(1) occurred when preliminary positive test

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results were discussed at a meeting conducted on February 27, 1997.

Subsequently, you submitted additional information related to both of the

URIs in your letter of April 22, 1997.

In summary, you stated in your letter of April 22, 1997, that with respect to I

URI 50-424. 425/97 03 01, (1) the " preliminary positive / confirmed negative" >

test result was communicated to the participants of the meeting conducted on

February 27, 1997, as a statement of historical fact, (2) the " preliminary

positive / confirmed negative" test results constituted information relevant to

a discussion of whether the subject of the chemical testing was complying with

the commitments of his rehabilitation program, (3) the preliminary Jositive

test results could have indicated over-the counter drug use which t1e

individual previously admitted abuse, and (4) no adverse action was taken

based on the information. Finally, your letter stated that NRC should

recognize that the disclosure of the areliminary positive test result was

consistent with 10 CFR 26.29(b). Witi respect to URI 50 424,-425/97 03 02,

you admitted that inaccurate chemical test information was communicated to a

union representative by a Southern Nuclear Operating Company Labor Relations

specialist: however, due to numerous prior discussions and interactions ,

between the Labor Relations specialist and the union representative on the

employee's behalf, including the review of certa 1n personnel records, this

disclosure was considered permissible under 10 CFR 26.29(b).

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Based on our review of the facts and circumstances of this case and after i

considering the information provided in your correspondence of April 22, 1997, l

we have concluded, following coordination with the Office of the General

Counsel, the Office of Nuclear Reactor Regulation, and the Office of

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Enforcement, that in both cases violations of regulatory requirements  ;

occurred. The violations are cited in the enclosed Notice of Violation i

(Notice). '

With regard to Violation A, the disclosure provisions of 10 CFR 26.29(b) apply

only to information concerning violations of the licensee's fitness for duty

policy and do not authorize violation of the requirements of 10 CFR 26.24(d)(1).

In this case, on or before February 27, 1997, preliminary chemical testing

results were communicated to individuals other than those specified in

10 CFR 26.24(d)(1); therefore, a violation of regulatory requirements

occurred. With regard to Violation B in your submittal of April 22, 1997,

you admit that information regarding chemical test results was disclosed to a

union representative. Although you provided a description of the

circumstances that contributed to the belief that the disclosure of such

information was permissible, the NRC concluded that the information was

disclosed in violation of 10 CFR 26.29(b).

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In particular, l

you should address how your staff will ensure that the Fitness for-Duty  ;

Program is conducted in strict and literal compliance with regulatory I

requirements. The NRC will consider your response, in part, to determine

whether further enforcement action is necessary to ensure compliance with

regulatory requirements. This letter also serves to close URIs 50 424,

-425/97-03 01 and 50 424 425/97 03 02.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of

this letter, its enclosure, and your response will be placed in the NRC Public  !

Document Room.  ;

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Sincerely,  ;

Original Signed by

Johns P. Jaudon

Johns P. Jaudon, Director

Division of Reactor Safety

Docket Nos. 50 424, 50 425

License Nos. NPF-68, NPF 81

Enclosure: Notice of Violation ,

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cc w/ encl: See Page 3

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cc w/ encl:

J. D. Woodard Charles A. Patrizia Esq. 1

Executive Vice President Paul Hastings, Janofsky & Walker '

Southern Nuclear Operating Company, 10th Floor

Inc. 1299 Pennsylvania Avenue

P. O. Box 1295 Washington, D. C. 20004-9500

Birmingham, AL 35201-1295

Steven M. Jackson 1

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J. B. Beasley Senior Engineer - Power Supply

General Manager, Plant Vogtle )

Municipal Electric Authority

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Southern Nuclear Operating Company, of Georgia

Inc. 1470 Riveredge Parkway NW

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P. O. Box 1600 Atlanta, GA 30328 4684

Waynesboro, GA 30830

i J. A. Bailey I

Manager-Licensing

l Southern Nuclear Operating Company,

Inc.

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P. O. Box 1295

Birmingham, AL 35201-1295 j

Jim Hurt, Director i

Consumers' Utility Counsel Division

i Governor's Office of Consumer

l Affairs

l 2 M. L. King, Jr. Drive

4

Plaza Level - East: Suite 356

Atlanta, GA 30334 4600

Office of Planning and Budget

Room 615B

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i 270 Washington Street, SW  !

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Atlanta, GA 30334 l

i Office of the County Commissioner

! Burke County Commission '

Waynesboro, GA 30830  !

Harold Reheis, Director

Department of Natural Resources

205 Butler Street SE, Suite 1252

Atlanta, GA 30334

Thomas Hill, Manager

Radioactive Materials Program

Department of Natural Resources

4244 International Parkway

Suite 114

Atlanta, GA 30354

Attorney General

Law Department

132 Judicial Building

Atlanta, GA 30334

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