ML20149L397
| ML20149L397 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 05/28/1997 |
| From: | Laird P COMMONWEALTH EDISON CO. |
| To: | Grant G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20149L392 | List: |
| References | |
| NUDOCS 9708010062 | |
| Download: ML20149L397 (9) | |
Text
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Onumnwealth 1:dbon Conipany
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125 South Cl. ark Street i> o im 67 Chicago. II,60&>0 0 6-Confidential-10 CFR 2.790 Restricted May 28,1997 Mr. Geoffrey E. Grant Director, Division of Reactor Safety U.S. Nuclear Regulatory Commission, Region til 801 Warrenville Road Lisle, IL 60532-4351
Reference:
(a) Letter from G.E. Grant, U.S. N.R.C., to G.J.Toleski, Commonwealth Edison Company, May 1,1997.
Dear Mr. Grant:
Pursuant to your request, we are providing you a copy of our Commonwealth Edison Company (Comed) Corporate Security investigation of allegations referred to Mr. Gary Toleski, Fitriess for Duty Program Administrator, Comed, in the reference letter. The attached investigation and response to allegation was completed by Ms. Jacqueline Legg, a Comed Corporate Security Investigator. Ms Legg reports to Pat Flynn, Supervisor of Corporate Investigations and does not have a reporting relationship with individuals who control Comed's Fitness-for-Duty (FFD)
Program.
Comed has reviewed these allegations and its performance during the period of these allegations and has determined that it was and is in conformance with the Nuclear Regulatory Commission's (NRC) FFD requirements in 10 CFR Part 26. However, an analysis of the related events demonstrates that there is a lesson to be learned from this review. While it has been past practice for Comed Fossil Stations to exchange information with the Nuclear Division on positive drug or alcohol tests, in future, these groups will also exchange information on unacceptable 3
specimens, e.g, those collected which have out-of-range temperature results. Rapid exchange of such information will assure that appropriate questioning and observed samples, if warranted, can be perfemed if an unacceptable specimen was detected during FFD testing at a Comed Fossil Station of an individual who appears for work at any of out Nuclear Stations.
Attached to this letter, along with the Response to Allegations investigation report, is the " list of personnel selected for a random drug test at the Braidwood Generating Station." This list was
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requested in the reference letter.
l 9708010062 970725 PDR ADOCK 05000456 F
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c Confidential - 10 CFR 2.790 Restricted i
Page 2: Letter to G. Grant, May 28,1997 The attached documents are kept confidential in Comed's files. These documents include sensitive, confidential personnel information that should not be publicly disclosed. Additionally, the disclosure of this information would also be an unwarranted invasion of personal privacy for those named in this attachment. Accordingly, pursuant to 10 CFR 2.790,I request that this letter and the attachment be exempted from public disclosure in any form, including from Freedom of Information Act requests, and not be placed in the NRC's Public Document Room. Please advise me if this request cannot be granted, in which case I request the material be returned pursuant to 10 CFR 2.790(c).
Ifyou have any questions about the attached information or questions related to this matter, please contact me at (312) 394-8553.
Sincesely, j
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Corporate' ecurity Manager Attachments: Response to Allegations Personnel Selected for Random Drug Testing at Braidwood Station I
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Confidential - 10 CFR 2.790 Restricted Page 3: 1,etter to G. Grant, May 28,1997 bec:
R. Temple, Law Department G. Toleski, Fitness For Duty Manager i
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RESPONSE TO ALLEGATION 4
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1.
Inttoduction The NRC Region lli received a concem regarding illegal drug usage by contract employees at Comed's Braidwood Nuclear Power Station, Braidwood, Illinois. The information stated in part:
s j
~ A former contract employee had contacted the NRC Region ill and stated he was personally aware of other Bechtel " trade craft people" who were current drug users and i
they were working on the night shift. The alleger also stated that the drug test was
- easily done by substituting clean urine.
ii-j.
II.
Investigative Details 4.
Allegation Background On April 9, the Fitness For Duty Program Administrator was apprised of this allegation j
by the Region lli Safeguards Section Chief, who provided the name of the individual.
making the allegation, Mr. Gordon Halweg. Company records show this person was a 4
carpenter formerly employed by Bechtel at Braidwood Station, "The Bechtel Carpenter"
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On March 27, Braidwood Station conducted random testing of Comed and contractor
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employees. The Bechtel carpenter was selected for random testing and provided a l
breath and urine sample 1:05 p.m. The on-site test of the urine specimen was presumptive positive and forwarded to the laboratory for confirmatory testing. (A copy of the random test list is enclosed as " Attachment 1".)
On April 1, at 09:48 a.m. the Comed Medical Review Officer (MRO) interviewed the Bechtel carpenter. The MRO's observations were that the Bechtel carpenter sounded intoxicated. His speech was slurred and his tone was provocative and forceful. He repeatedly asked the same questions. Subsequent to the interview and based on the laboratory test results, the MRO determined the test was positiye and the Bechtel carpenter's unescorted access was immediately denied.' On April 2, he again called the MRO to discuss his case.
Comed's certified letter providing written notice of the FFD violation was received by the Bechtel carpenter on April 4,1997. The Bechtel carpenter has not requested a specimen reanalysis nor has he filed an appeal as provided by the FFD Appeals Guideline included in the certified letter.
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Comed's Response to Each Element of the Allegation t
A former contract employee had statod that he was personally aware of other i
Bechtel " trade craft people" who were current drug users. The individual had not provided the names to the NRC The current drug users (Bechtel trade craft) were working on the night shift and did not work in the radiological controlled areas.
i Braidwood security reported that as of 4/9/97 Bechtel had 110 craft workers on site i
supporting steam generator work. There were 13 craft workers on nights (04:30 p.m. -
02:30 a.m.). Six iron workers, five carpenters and 2 laborers. All Bechtel craft work is in the radiological controlled area. None of these 13 craft workers had a previous positive i
drug or alcohol test at Comed.
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Later, the Bechtel carpenter provided a list containing the names of 4 carpenters employed by Westinghouse and 10 carpenters employed by GN Venture. A check of s
Comed FFD records indicated that none of these individuals have had a previous l
Comed FFD violation or are currently in a follow-up testing program.
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On May 8,1997, the Bechtel carpenter was contacted to review names of the three j
S carpenters that had been selected through research from Comed company files, access d
L information and Fitness For Duty records. He stated that two of the carpenters he did k
not know and the third was not the correct person. He further stated that the individual worked for Westinghouse and he r,ow had heard that the individual was laid off. The Bechtel carpenter was requested ta confirm the status of the individual and contact Corporate Security Friday, May 9,1997.
On Monday, May 12,1997, the Bechtel carpenter contacted Corporate Security with information he received earlier that day. He stated that the individual was definitely laid off on Sunday evening. On May 20, 1997, the Bechtel carpenter stated that the individual he was referring to was a millwright, "the Millwright" was tested at Comed's Generating Station #18, Romeoville, lilinois and his sample was unacceptable due to an improper temperature range (cold sample), it was verified that a millwright, Mr. Joseph Painter, gave a cold sample on March 10,1997 at Fossil Station #18. The millwright refused to give an oral temperature to the medical staff and walked out of the testing i
facility.
The Bechtel carpenter was contacted on May 21,1997 and presented with the millwright's name. The Bechtel carpenter confirmed that the millwright was the individual that he suspected of using marijuana. The Bechtel carpenter advised that he knows the millwright curreritly uses drugs (marijuana) because, according to the Bechtel carpenter, the millwright has told the Bechtel carpenter he uses marijuana. The Bechtel carpenter stated that the last time he used marijuana was December 31,1996.
Corporate Security investigators have not been able to contact the millwright; his telephone has been disconnected. The millwright's access has been placed on Temporary Hold and he will be n;tified to contact Corporate Security for an interview.
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Comed records show that the millwright was a Westinghouse employee badged at Braidwood Station from March 25 through May 5,1997. He was pre-access tested on March 24. The temperature of the specimen taken during this pre-access test was 90.5'F in the acceptable temperature range and the test was negative. The millwright had two other pre-access tests: March 15,1993 and September 17,1996. In both cases, specimen temperatures were acceptable and both tests were negative.
4 When the Bechtel carpenter was asked about multiple drug users at Braidwood Station, l
he disclosed that he is not personally aware of any craft workers or Comed employees using drugs at Braidwood Station other than the millwright.
The individual stated that beating the drug test was easily done by substituting clean urine. The individual had personal knowledge: (1) that it i
was being done, (2) of the types of containers used, and (3) the methods used.
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The individual had not actually seen anyone substitute a sample. The individual stated that after an individual was informed of an upcoming test, the j
individual would get a clean sample from a buddy and strap the container to t
his own body to keep it warm.
i The Bechtel carpenter further stated that he feels the drug test is " easy to beat" because when you are called for a test the attendant does not require you to empty your pockets before entering the restroom. Anything can be strapped to your body or carried into the i
restroom with you, such as a vile or container of urine or a heating device such as a i
lighter and a thermometer. With a temperature range of 90 to 99 degrees, the urine can be heated to the desired temperature. The Bechtel carpenter stated that he has never been asked to remove the items from his pockets but has never substituted urine or been a donor for anyone else's test.
The Bechtel carpenter stated that when he was advised of his drug test on March 27, 1997, he was approached by fellow union brothers and asked if he "needed help" with his test. The Bechtel carpenter advised them that he did not. He further stated that they wanted to know if he needed clean urine to pass the test. Corporate Security Investigators requested the Bechtel carpenter to supply them with the names of the fellow union brothers who offered to assist him with a clean urine sample if he needed it.
The Bechtel carpenter refused to supply the names of these fellow union members.
Comed conducts urine specimen collection in nuclear station on-site facilities per 10CFR 26 Appendix A 2.3 (f). " Privacy - Procedures for collecting urine specimens shall allow individual privacy unless there is reason to believe that a particular individual may alter or substitute the specimen to be provided... Collections are not observed unless there is reason to believe the donor has altered or substituted the specimen or when the test is conducted upon return to work following a confirmed positive test."
i Furthermore, in accordance with 10CFR 26, donors must remove any unnecessary garments such as a coat orjacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine, breath or blood specimen. All personal belongings such as a purse or briefcase must remain outside the collection j
. area. Individuals can retain their wallet and are not required to empty their pockets.
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l Comed specimen collection instructions contained in Corporate' Nuclear Security l
Guidelines clearly reflect these regulatory requirements. Additionally, all on-site collection personnel are trained and qualified in accordance with these guidelines.
Comed takes action when specimen temperature or specific gravity are out of range.
Since the beginning of this year, there were two out of temperature range urine specimens collected from craft employees during pre-access testing at Braidwood.
At 08:16 a.m., a Westinghouse employee provided a specimen with no recordable temperature. When told of the need for an observed recollection, he immediately left the site. Access was denied for a refusal to test.
At 11:09 a.m., another Westinghouse employee provided a specimen with a temperature of 104.2' F. A second reading was 101* F. The specimen was declared unsuitable to test and cons;dered specimen subversion by the MRO.
Access was denied.
The investigation did not identify other Bechtel ' trade craft people' who are current drug users working the night shift. Comed has not been able to contact the millwright alleged to have substituted urine during sample co lection.
111.
Conclusion Comed will continue to conduct urine specimen collection as required by 10CFR26.
Observed collections will be required on a case by case basis as dictated by the aforementioned regulatory requirements.
The investigation could not substantiate that other Bechtel trade craft people are current drug users. The individual making the allegations could not provide any information to substantiate his comments, that the drug test is easily beat. He finally confirmed the identity of the millwright that he suspected was using marijuana.
Since this individualis not badged at any of our sites, his phone discore:ted and his whereabouts are unknown, his unescorted access has been placed on Temporary Hold.
He will be notified in writing at his last known address to contact Comed to resolve this issue.
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