ML20151W714

Establishment of Aslb.* Bp Cotter,Chairman & H Foreman & KA Mccollom,Members.W/Supporting Documentation.Served on 880819

ML20151W714
Person / Time
Site:	05508347
Issue date:	08/18/1988
From:	Cotter B Atomic Safety and Licensing Board Panel
To:
References
CON-#388-6943 88-577-02-EA, 88-577-2-EA, EA-88-164, NUDOCS 8808250101
Download: ML20151W714 (46)

Text

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. UNITED STATES OF AMERICA hhkc

, NUCLEAR REGULATORY COMISSION

'88 AUG 19 P2 :38 .

MAURICE P. ACOSTA, JR.

Operator License No. 6010-2 EA 88-164

$}c Docket No. 55-08347 r ASLBP No. 88-577-02-EA ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Pursuant to delegation by the Comission dated December 29, 1972, published in the Federal Register, 37 F.R. 28710 (1972), and Sections 2.105, 2.700, 2.702, 2.714, 2.714a, 2.717 and 2.721 of the Connission's .

Regulations, all as amended, an Atomic Safety and Licensing Board is being established in the following proceeding.

MAURICE P. ACOSTA, JR.

4 Operator License No. 6010-2 EA 88-164 This Board is being established pursuant to the Licensee's request i

for a hearing regarding an Order issued by the Executive Director for Operations, dated June 15, 1988, entitled "Order Suspending License *

(Effective Innedictely) and Notice of Denial of Application for Renewal of License."

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4 The Board is comprised of the following Administrative Judges:  :

8. Paul Cotter. Jr. , Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington D.C. 20555

' Judgr Harry Foreman 1564 surton Avenue St. Paul, Minnesota 55108 Judge Kenneth A. McCollom 1107 West Knapp Street Stillwater. Oklahoma 74075 *

5. Paul Gotter, '

Chief Administra e Judge Atomic Safety an Licensing Board Panel Issued at Bethesda, Maryland, this 18th day of August 1988.

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Docket No. 55-08347 n ..

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License No. 6010-2 Director Office of Enforcement U.S. Nuclear Regulatory Comnission Washington D.C. 20555

Dear Sir:

This letter is my written answer to show cause wny your order to suspend my Operator's License No. 6010-2 and to deny its applica-tion for renewal is not justifiable.

In your order you stated, "Failure of a licensed operator to be fit for duty and eiert creates an undue risk to the public health and safety". In the meetings I've had with Southern California Edison (SCE) representatives I've been told neither my knowledge level to Jerform my job, nor my abilities to perform my job, nor my fitness for duty has ever been questioned due to the failures of the drug screen tests. These statements were made with a unien representative present at the meetingo.

I have enclosed copies of my two most recent Appraisal of Work Performance; the first dated April 15, 1985, the second dated March 11, 1987 As you can see, the appraisal improved even though I had failed two tests during the time frame from April 15, 1985 to March 11, 1987, and as stated on the appraisal, my reliability and professionalism exceeds the requirements as set forth by SCE. I have worked hard to achieve this status, and the appraisals are a true reflection of my dedication to the safe and efficient operations of SONGS units 2 and 3.

In your order you also st&ted, "The Commission's Policy Statement on Fitness for Duty (51FR27921: August 4, 1986) provides that all nuclear power plant utilities should e'stablish programs to provide reasonable assurance that all nuclear power plant personnel with access to vital areas at operating plants are fit for duty." Drug screen testing is not the only program SCE has.

to provide reasonable assurance that personnel are fit for duty.

It is but just a part of an on-going program. The other part of the program is the training of supervisory and management personnel in the detection of personnel displaying aberrant behavior caused not only by the use of illegal substances, but by fatigue, emotional imbalances, etc. Again, I mention that SCE

i i ,

management has stated, with union representation present, that my i

test failures did not imply I was ever determined to be unfit for

duty or that I have ever demonstrated impaired skills while 1- performing my duties. I have also enclosed statements from personnel at SONGS (copies submitted, originals retained by licensee) that will attest to the high degree of attention to detail and professionalism at which I perform my job. These statements are a true indication of how seriously I take my legal and moral responsibilities and will prove how the test results are a false indication of my character.

Your order also stated, "while the tests themselves do not necessarily establish that the licensee was incapacitated at the j time the samples wore taken, the NRC does not have the necessary reasonable assurance that the licensee will carry out his duties in the future with sufficient alertness and ability to safely i operate SONGS..." Considering the fact that not only did my work performance appraisal improve during the time I failed the two tests, but I was also selected to and was in training to obtain my Senior Reactor Operator License, it can be stated that I have

, act.ually improved my alertness and ability to safely operate SOlGS. I have never gone to work incapacitated, and if I had, I would have been detected by supervisory personnel who have been  :

trained to provent such occurrences.

) I have been associated with the nuclear power field for over sixteen years; over eight years in'the U.S. Navy, and over eight  !

years with SONGS. I was honorably discharged from the Navy with i

Good Conduct - Second Citation, and have built a-reputation at SONGS as being one of the best reactor operators. The history of my performance, and the documentation of that performance should

, be adequate to give the commission necessary reasonable assurance i that I am willing and capable of performing my duties at these

esame high standards.

J You also stated, " In addition, because the licensee has failed to demonstrate that he is capable of continuing to competently and safely assume license duties...". Other than your inter-pretation of the meaning of the failed tests, there is no !

evidence to indicate I have ever performed my duties at other ,

than the highest level of professionalism. I ask that you study the enclosed documents, I am confident that after you do, you,  ;

will realize how much time and energy I have devoted to ensure that the public health and safety were foremost in my thoughts  ;

and that the reactors placed under my control were operated under i the highest standards. l r

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I have presented to you is insufficient to provide you

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If what

'! '  % . :.h enough necessary reasonable assurance to rescind your l l orders, then I request a hearing to be conducted. Your con- l sideration in this matter is appreciated.

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! Thankyou,  ;

e W M u ,h. O ta=I m p .

! Maurice P. Acosta Jr.

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Enclosures:

as stated  ;

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} cci w/encls: i

Assistant General Counsel for Enforcement  !

i Regional Administrator, NRC Region V 1 i

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EMPLOYEE pggpogggggg ACOSTA, MAUR(CE P. JR.

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WORK ' ATTENDANCE RECORD.

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' Mr. Acosta's attendance record is exemplary. He ts punctual and reliable.

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N OVERALL Overall Performance

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l y' RATING E seio.Jou neau,rementi M eeri Joe aequirement improvement Needed E .ceed Job neqbrementi f8 commenti Mr. Acosta is one of the rnost senior Control Operators. Ha is extremely

_ reliable in providing others with his gained experience and knowledge which leads to 8 _

a N his near errorless perforwance. He is well liked by fits _ fellow employees. He is very !

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3 5: _ resoonsive _to_sypervision an_d keeDs Ibem wa'11' informed of onootno evolutions.

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Jir. Acosla__15..a. hj ghly _ t ra ined NCO.

Given his current attitude and wealth of experie_nj;c

_he should be g_i.yJn opportunities to crow within the Company. He currently is main.tain-

_ino his R0 license throuch the recualification procram, N _ /6d N =

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.. APPRAISAL. OF WORK PERFORMANCE  !.", 'g!'n r

1 $lNSsiNEity Responsible for dirtcting the activities of licensed and non. "" '

. licensed personnel to ensure safe and efficient operation. startup and shutdown 1 l on the assigned Unit. . . .

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3 cenwest: Phil is very conscientious regarding equipment control and plant operating procedures reviewing them as necessary to keep himself up to date. He 11 tvery acod at anticioatino olant resonnte en eeuinwnt maninulatinne.

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1 $ENEsisfiry Responsible for diligent attention to detail in monitoring plant ""

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3 consusu n Phil is very meticulous in monitoring plant status. He closely follows the work of his subordinates, obtains appropriate amounts of feedback and hinniv arr,, rat. 2na thnrn,,nh with hie nan. ~nrir >

gie aat A of Joe 1 aamsiseury Responsible for adding to overall team effort. ""

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3 coama(NM Phil has successfully mastered the art of raising concerns without needlessly complaining, lie maintains not only his work station bu't himself in a brofessional manner. His interface with other orcanitations is verv ocod. >

r 1 AEESsiffiry Responsible for timely accurate and formal connunications. **"

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3 coun.<=rs Phil's connunications are to be conenended. His descriptions of plant problems and tailboards are clear, concise. assertive and informative. He keeps this supervision well infortned of plant status, s 1 ^l%2sinfir, ""

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OVERALL '

Overall Performance g RATING - / E selow Job Requirement Mwu Job Requiremona improvement Needed E acoed: Job Regvirements f

8 comm na Mr. Acosta is an outspoken indfvidual who perforns hf s work acttyf ties in 2

a gafs, professional, and reliable manner. The quantity and quality of Mr. Acosta '!.

! work is excellent and has contributed greatly to bringing and maintaining. units j on line.

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Recommended Developmental Plan ~

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A.ose w.* ones .a evemer jae a,as on,e,ne er an. eu.I enr we two ese e oerr m, nosse om.a,r paa mem em e.ew eos.o s.

enerern n ne ve,a,s.o us.ee a r,er.me. ,re NONE. r Mr. Acosta tends to get discouraged by limitations on job advancement. However.

based on his expertence and his reputation as a good Operator. I view and recoanend hire as a candidate for future SRO licensing class.

4 Apprweis l by Ed Orttz

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1 ifAbsiffrry =Mant toti plant _ conditions to ensurat ohWequissnent op4rath a a- . . m. m -

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norstl MrAMttts_and units are operated Mithin reoufrements of. oparAtinn i / N Ifc*a'a: technicatspect ficat.foni _ station _proerdures and operatian instreetfea r n === m iin oc. p ,A j

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Key Area 3 -wn Jr. AcMta maintains a high degree.Af awarenest.cf. plant.-status and utilizes his knowledge of systems to detemine.momallahoormal operatica af__ .

( plant systems and components.

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1 a u sroadess ury Directs activities of Itcensed and non-licensed operators, sa.

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(s 3 -Nn Mr. Acosta utilizes operators in an efficient and safe manner to .._

achieve. designated shift priorities / goals. Mr. Acosta keeps his ass.igned

< operators well infonned of plant status and offers procedural guidance.  ;

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1 AEEbEsdry Communications and Administrative Outies. .

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. x.y A m E 20 3 coneseNn Mr. Acosta maintains a neat, detailed, and infonnative NCO log book,..

In general.uMr. Acosta is very meticulous on all paperwork and pays EX_CELIJtLT_

< attention to detail. He also keeps the Control Room Supr. well informed on planj, F

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June 28, 1988 Director Office of Enforcement, USNRC:

This letter is written to attest to the credibility and high degree of professionalism displayed by Maurice P. Acosta during my eight year occupational acquaintance.

I worked with Mr. Acosta directly during the simeltaneous unit startup of San Onofre 2 and 3. This was the most grueling

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and stressful time of San Onofre history. During this time, our inexperienced staff dealt with major uncertainties. In all of Mr.

Acosta's evaluations and evolutions, I observed only the highest degree of regard for public protection. Mr. Acosta did not hesitate to exhibit his number one priority (public protection) continuously in the face of every challenge.

I am presently a Southern Ca ifornia Edison management employee, trained in "fitness for Outy Recognition and Intervention." Mr. Acosta has never shewt probable cause to q'uestion his fitness for duty.

Mr. Acosta has a proven, long time history of sincere dedication to reactor safety. He is recognized by both management and subordinates as one of the best Reactor Operators at San Onofre. I feel that his credibility has been proven much more often than the credibility of the system which has incriminated him. .

N. v Michael N. Bedich Docket 855 8345 License 80P 60ll 2 1

e 29 June 88 To the Commissioners, United States Nuclear Regulatory Commission Sirs, I have known and worked with Mr. M.P. Acosta since August of 1980 when I first started work at the San Onofre Nuclear Generat-ing Station (SONGS). As a nuclear control operator, he has been responsible for training a large number of operators at SONGS over the years, myself included, and he has never exhibited anything but the highest standards of professionalism and safe operating practices. He has always been one of the safest and most consciencious control operators at SONGS Units 2 & 3.

During my progression from plant equipment operator to licensed control operator, Mr. Acosta would frequently remind me 1 .

of my duty and obligation to the public for the safe and effi-cient operation of the reactors placed in my care. To this end he has been most effective, and to say otherwise would be unjust in the extreme.

In closing I would like to say that Mr. Acosta has always displayed sound judgement in his approach' to operating the reactors at SONGS Units 2 & 3, and he is a credit to his profes-sion as well as his peers. He is a good operator, but more importantly, he is a good and fair individual who takes pride in his work.

Thankyou for your consideration in this matter of great importance.

Sincerely, f bhe Mic'hael McDonnell Nuclear Control Operator SONGS Units 2 & 3

___. _ _ .._ _ _ _ _ _ . . ._ _ _ _ = _ _ _ _ _ _ . - . . - . _ _ . - _ _ - _ _

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. f To whom it may concern, I am taking a big risk in writing this letter, but I think t

that it is justified. Phil Acosta has been and still is a very professional operator. He is thorough in all manners of his work. As a control operator, he reviews all tasks assigned to him before taking any steps to perform the task. He always maker.

certain that the personnel performing the task also understand i the job requirements completely before giving the okay to do the i job. His log taking is second to none in its completeness and i 4 accuracy. I have never seen him act in anything but a j professional manner.  !

I feel as secure with Phil at the controls as I do with any other operator at this plant. I have been an operator at San Onofre for eight years, and have worked with Phil directly many times during that period. We have worked side by side in the 1

i plant, he has been my superior, and we have worked side by side in the control room. We were recently in license training together. Through all this time together, he has never given me any reason to believe that he is not completely qualified to run

, the San Onofra Nuclear Generating Station. <

Charles E. be R.O.

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To whom it may concern, June 29,1988 My name is Robert L. Sprague, I am a liscensed control room operator at SONGS 2&3. I had the good fortune to work with and be trained by Phil Acosta. I completed a large part of my control room training under Phil's guideance and tutelage. It is my opinion that Phil's standards and practices in the job as a control operator place him in the upper echelons of that classification as far as concern for public safety, pride in his work, knowledge of the plant and administrative requirements to run the plant and the

- training of his fellow operators. He would always exceed policy and go the extra step to try and make sure any job was done correctly and safely. I am writing this letter in his behalf because of his dedication and competance to his profession.

si erely yours o er L. p G

9

f Sean C. f!!tchell Senior Reactor Operntor License #50236 June 27.1968 4

To whom it may concern.

This letter is a testimonial to the professional competency of Haurice P.

Acosta. He has been a colleague of mine for over seven years. In that entire time. I have never witnessed any evidence of any activities of Mr. Acosta that could adversely impact the health and safety of the general public. What I have witnessed in that time span is abundant evidence of Mr. Acosta's concern for the performance of his job in a safe and ,

l compliant manner. His professional attitude in the completion of tasks given him is not "

limited to his dedication to the terms of the San Onofre operating license, but also to the safe operating conditions conf ronting those people working for him in the plant. Ilis knowledge of plant design and control systems, and their interaction in both day to day  !

operations and special evolutions, as well as his awareness of human factors, has been s real asset to the Southern California Edison Operations Team. I have never felt the least doubt about his abilities to handle any contingency that may confront him while on duty.

If you have any questions regarding Mr. Acosta that have not been addressed by the above, please feel free to contact me. I feel a serious misjustice has been done, and am anxious to do what I can to rectify what appears to be a misunderstanding that could affect any person with a reactor operator license. s

. b v- c Sean C. Hitchell

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June 28, 1988 -

To Whom It May Concern:

I have worked with Phil Acosta, on shift for about 2 years and in that time frame, have developed a high level of trust and respect for him both as a person and a control room operator.

He displays a genuine concern for the proper, safe and efficient operation of the plant and will let it be known if given direction to operate unsafely (poor management direction).

He has a very good handle on the "Big Picture", Public safety, safe nuclear operations, personnel safety, etc. and constantly reinforces it by communicating with the operators below him, as well as, supervision ,

above him.

Phil is a professional, competent control operator and has a very high l level of knowledge and understanding of safe nuclear power plant operations.

When a questkon arises, it is answered, usually reinforced with the appropriate tools (electrical drawings, piping drawings, procedures, Tech Specs, etc.). ,

I felt safe and comfortable working under and with phil. He always pressed the safety issue, in plant operations (for plant and personnel safety).

Phil has always demonstrated a high level of attention to detail, connunication, training and public safety (to list a few).

I would personally rate him in the top 5% of S.O.N.G.'s U2/3 Control Room Operators. (That dealing with a very hi caliber group of people).

Sincerely,f -[ .,

hh '4 .h ' Y T. Chris Sc I'd t .

N.R.C. Licensed R.O.

Assistant Control Operator SONGS 2/3 TCS:dar

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from William Westaan about Phil Acosta

] Phil Acosta was perhaps one of the best Operators I have ever  !

4 seen at a Nuclear Power Plant. Phil always maintained an above [

l average level of knowledge about his job. He always maintained  ;

2 an appropriate sense of priorities in accomplishing tasks. Most  !

3 of all, he always maintained a sense of responsibility toward  !

J public safety while operating a Nuclear Facili'.y. I feel the loss of Phil Acosta as a fellow operator at SONGS is in itself a

compromise to public safety, i The knowledge level of Phil Acosta about the Nuclear Plant was

always adequate and I would rate it as Above Average. I an a

! hard grader though and you must understand my grading system and my terminology. Adequate knowledge is a tern I use to describe j j the ability to recognize when more information is required to t

! conduct an operation. Phil would always use appropriate l j judgement and hold up work if he thought there was inadequate l 1 information to accomplish a task. Above Average means exactly  ;

1 that of five control operators I know and work with intimately I l l would rate him as number two. _;

i Phil always maintained an excellent sense of priorities, this maybe another word for common sense. Phil always maintained safety first and always listened to peoples concerns. I was never ignored when I had a concern about any operation and Phil l

! would always listen, explain and reason till all involved j l personal were satisfied. The listen word I used is very l d

important because everyone has a tendency to just give up when  !

they don't understand a situation, this tendency did not exist in j

, Acosta, Acosta would always argue till he understood, or till I L understood, he was not afraid to admit that some one else was  !

right and I must admit he was right most of j i the time. give up his stand.  !

! The most pathetic aspect of loosing Acosta from our ranks is  !

! that the loss of his sense of ethics and standards, Phil would l

always maintain the public trust in highest regard. There is no t i requirement for ethics or personal standards in this industry,  !

there is no swearing in of Licensed operators at Nuclear Power Plants, all of the ethics that exist are self imposed, and Phil (

had the highest ethical standards of all operators I know. I'll  !

, mention one instance where this nature was displayed. First, when i I a containment Isolation Valve was routinely failing, management i j finally got the valve declared "operable" and word was out to '

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! not test the valve. Phil immediately tested the valve and it  ;

{ failed, a lot of people were surprised that someone dared test  !

i this valve, no one was surprised that it failed. ,

! I have never suspected Phil to be under the influence of any l l illegal drug while at the plant. I believe that he has even  !

I called in sick due to fatigue, and once when the company tried to

! force him to work on a day off he said no because he already had j a couple beers, this is a very unpopular thing to do with management, others don't always do this I belneve Phil's own l personal standard of adequate mental ability is much higher than i our companies or the NRC's, he accepts responsibility to judge l l his own ability, he has always seemed competent to me.  ;

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g , .+;; - - - ., Y AMA To v.om it may concern, This is to request the Nuclear Reo,ulatory Commission consider thn re-instatement I have known Phil of the Reactor Operator's license earned by 'fr. Maurice "Phil" Acosta. for over six years as a highly dedicated, professionally-minded individual with great pride ir -is capabilities and overwhelminn concern for the welfare of the people who depend on his expertise. This applies both to the individual safety of his co-workers and that of the general public as a whole. Seldom does one find in an industrial environnent such as this an individual willing to devote time to contributing to the level of knowledge and awareness of a subordinate, let alone making that contribution Phil Acostadevoid of is just such recompense other than the satisfaction that all parties benefit. a man, having personally helped me and many of our co-workers to gain a greater understanding arid respect for the forces we manipulate generating safe, clean electrical power for public use.Phil's understanding of plant mechanica from an integrated system level down to component level is among the best with which I have been associated. His cornnitment to excellence and attention to detail nake hin one of the greatest natural resources of the Nuclear Industry. Moreover, his strength of character makes virtually any person proud to Phil Acosta , as a nuclear plant operator, is a b2 considered "0N THE SAME TEAM" as he. definite benefit, not only to the industry, but to the good of the human organism, as a whole. Termination of his Reactor Operator's license can only have negative Thankimpact onyour you for the high standards we have all worked to attain, and, I hope, to naintain. time. Sincerely, Clyde T. Ititchell (License on File) %b NkJ , C I M 04, l9 BB l l 4 shom U devth , l wouo  % io aqcpress m 0 .a. Q , e % L t. Q aarta& lab icaka- a.s a-9aa tL[tra& Q acm-PW i fun-Qad %& Omra: lor-Or % maJ ocLactms Ihaoe.- ha.d do dires% tDo r t $x- 9)dJ la taa.s aju.w p abr{, p l a Lk h % p/k+ ad }6 6&u aspoohdifks

.lag. / fou.n s % I one gf # Mbfe W4aws Q] operadoa & 6 8^ O u dte - 004 dhly b ka ww Am Ab opua.k aha & duSs, bd also h taut- w otL % - lb's E rta u la dy f V4 plk J Jotpeg aplaw %h ksk . M d S /had a f'bbk w& a. gi

b he dadd a}%s G}a.n ny fussk '

/ urge w b ro.wla % nngL y _ Lej ?u) rek% ok k dw bed-9 wa AM&u bkd W gadf'yh (edu g5. 9. o . %t w 6W ,9i ah A A*/,enads jf) ) L//*/. //06 Sb bd &w -w Yd) sos A J AJ n.JCJ AJ - a n,a, pz s/2 d yn Ap d J .4-, , A u .ss a s 4 e & f~ Y M N Ab W, / A- 6fW . cA y d -=, em m ^ M je gf Av W, . 4 A' M ~d +m e A-s a y AJ' A '& A A ) & ,.A W s $a a.x "m a ,a nA x & 2.4:f n4 ef o p>vA cory.'w4~a , A ~ @ a -A pc s p si x7Maf -AA pMa .sd aA o & ,. 9 Y hh. ~d .,/b d' J A s-ekDu,?.A p 9%v' auo & # -fu c/.u4 aza a mz A'/'A 0 ( MRw /) Opw-M - rcv.g.1 28 June 1988 . To: Muclear Requiatory Commission Re: Letter of Deposition for Reinstatement of Maurice Philip Acosta as a Liscensed Nuclear Control Operator

Dear Sirs:

. A good operator is hard to come by. I have worked at San Onofre for the past five years as a contract plant equipment operator, an assistant coordinator for Equipment Control, coordinator for the Technical Specifications / Compliance Group, and as a Nuclear Plant Equipment Operator (Liscense path) for Southern Califomia Edison. I have dealt with Philip Acosta in all of these roles, and I can state as fact from my observations of him - you are removing a truly good Nuclear Control Operator from a plant that needs his presence. It would be a mistake to waste his talents because you need a symbol in the war against drugs. On his record'alone he stands out as a shining example of what can be accomplished for the good of the industry.

Phil has worked in the nuclear field for sixteen years.

'He spent eight years in the Navy protecting his shipmates from the hazards of nuclear energy and his country from the dangers of global accression. It takes a special caliber of man to perform this task onboard submarines , but he rated consistently high in his quarterly evaluations and was considered a valuable -

asset to our country.

Nuclear Operators are picked for their intelligence, capabilities, sound judgement and reaction to abnormal operations or the possibilitf of those operations. We go through one of the most extensive background checks in the country, are tested constantly on our knowlege, daily on our operating abilities, and forced by the necessity to continuously provide ' power Phil consistently to work at all' hours of the day or night.

met or exceeded requirements in all of these categories for Professioaalism, attention to detail, knowlege of the plant, and competancy as a Control Operator. Beyond that, he managed the to deal well with all other work groupsHewhile maintaining directed operation plant in varying modes of operation.

of the unit under his control while keeping his superiors well I informed and the people that worked under him sa.fe f rom hann.

If he didn't feel that a particular . fob could be perfonned with an adequate measure of safety, he would argue his point until a procedure was changed or the necessary steps were taken '

so that lig would have the necessary reasonable assurara that he could carry out his responsibilities with respect to the the j health and safety of the people who depended on him and general public. the Phil's track record as a Control Operator is among finest that the Company has to offer. He spent his first two years as a Nuclear Plant Equipment Operator for SCE while the Phil helped build Units 2 a 3 plant was completing cons truction.

during those first years. He was at the controls of SONGS Unit 2 on July 26, 1982, during the runup to initial criticality, and has spent his last six years as a liscensed NCO successfully protecting the public from anything that could go wrong and everthing that did go wrong in the incredibly ccmplex operation

page 2 a of a dual-unit plant. The fact as you well should know is, the supposed retraining that the Company told the press he was undergoing, was in actuality Senior Reactor Operator Liscense Training which he was handpicked for by SCE management.

The Operators that came up through the ranks af ter him know Phil as a knowlegeable trainer and meticulous watchstander.

I put my trust and complete faith in him as a Control Operator AMD a Senior Reactor Operator. He knows his business well.

As one of the most senior of the Control Operators on site, he trained and qualified a good number of the current CO's and ACO's on shift. He kept us on our toes, ensuring that each of our moves was backed up by an understanding of past evoluutions, current plant status, and the consequences of error.

Phil's thoroughness and attention to detail should be used as a standard for the industry, and the Agency should require no more assurance than his record as an Operator that Maurice Philip Acosta has and shall carry out his duties and responsibilities without undue risk to the public health and safety. Take it from those of us who have knowingly placed our lives in his hands for the years before the public ever knew his name, Phil is a talented professional Nuclear Operator and deserves reinstatement of his NRC Control Operator's Liscense. Good Operators are hard to come by.

Res pect fully ,

l Nuclear Plan

' Equipment Operator

- Southern California Edis

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- . _, __ _, ~_ , - . . _ _ . _ . . . _, . _ . . , _ . . - . _ _ _ ,_

4

. Tune 27, 1988 To: The Nuclear Regulatory Commission Gentlemen:

My job at the San Onofre Nuclear Station involves frequent interactions with Plant Operators and Control Room personnel, including one Mr. Phillip Acosta.

In every instance I have found this man to be fully competent, extremely knowledgeable, and always on top of the situation.

He has consistently displayed a cooperative attitude towards my department (Chemistry) and helped make my job easier. In my opinion, he is a careful and thorough professional. I feel very safe working here with Mr. Acosta as a C.O.

I urge you not to let politically motivated "Chemical McCarthyism" rob us of one of our best Control Operators.

Sincerely, I

Douglas S; McPherson Nuclear Chemistry Technician (journeyman)

Chemistry Department, J-71 San Onofre Nuclear Generating Station 1 .

l

UNITED STATES NUCLEAR REGULATORY COMMISSION

) License No. 6010-2 In the Matter of ) Docket No. 55-08347 Maurice P. Acosta, Jr. EA 88-164

)

ORDER SUSPENDING LICENSE (EFFECTIVE D94EDIATELY) AND NOTICE OF DENIAL OF APPLICATION FOR RENEWAL OF LICENSE I

Mr. Maurice P. Acosta, Jr. (Licensee) is the helder of Operator License No. 6010 (License) issued by the Nuclear Regulatory Comission (NRC/ Cccr11ssion) on 1986.

He is employed by the Southern California Edison ' Company (SCE) and is authorized to manipulate the controls of the reactors at San Onofre Nuclear The License was originally issued Generating Station, Units 2 and 3 (SONGS).

The License is due to ,

• on July 1,1982 and last renewed on July 1,1986.

expire on July 1,1988. An application to renew the License was dated on May 12, 1988 and is pending before the NRC.

.- ~

II On March 6, 1986. May 12, 1986, and May 28, 1988, the Licensee failed urinalysis screening tests conducted by SCE, testing positive for marijuana.

The confinned results of those screening test's were subsequently reported to SCE on March 10, 1986, May 15, 1986, and June 2,1988, respectively. After each of these confireations, the Licensee was counseled by $CE to emphasize that access authorization is contingent on abstinence from the use of illegal f

i

' drugs. As a result of these positive test results. SCE has administrative 1y suspended Licensee's protected area access in accordance with SCE's  !

procedures.

' III The responsibilities associated with a reactor operator license issued pursuant to 10 CFR Part 55 are significant with respect to the protection of the public  ;

health and safety. The execution of these responsibilities requires sound judgment and may at times require a licensed operator to react quickly to assuit that the reactor is properly operated or to mitigate the consequence of abnomal operation. Failure of a licensed operator to be fit for duty and alert creates an undue risk'to the public health and safety.

The character of the individual, including the individual's exercise of sound See Section 182a judgment, is a consideration in issuing an operator license. '

of the Atomic Energy Act of 1954, as amended.

In detemining whether or not an individual seeking a license,to be a reactor operator has the necessary t

character, including sound judgment, the Commission may take into account a hist y of illegai drug use by the applicant. Prior to "f 26, 1987, each ,,

applicant for a license to be a reactor operator was required to certify that he/she had no drug or narcotic habit on the Certificate of Medical History, NRC Forn 396. Since May 1987, the NRC has required an evaluation of the applicant prepared by a licensed medical practitioner as part of a license application.

See 10 CFR 55.23(a). This evaluation is presented on a Certificate of Medical Examination, NRC Form 396. See 10 CFR 55.23. Among the factors to be considered by the certifying physician are factors such as continued use of illegal drugs or abuse of alcohol. See Fom 396; also ANSI /ANS 3.4-1983, f

Section 5.2.2.

The Comission's Policy Statement on Fitness for Duty (51 FR 27921; August 4, 1986) provides that all nuclear power plant utilities should establish programs to provide reasonable assurance that all nuclear power plant personnel with access to vital areas at operating plants are fit for duty. SCE has established procedures to restrict and monitor the use of illegal drugs by persons granted unescorted access to protected and vital areas of SONGS.

IV The Licensee's history of positive drug tests indicates a continuing use of marijuana and violation of SCE's drug program. This suggests a pattern of behavior and lack of sound judgment that may be inimical to the public health .

and safety. The failure of the Licensee to conform to SCE's prohibition against illegal drug use, which,has the purpose of protecting the public health and safety, demonstrates a disregard of the important obligations of a lice sed operator'and of the public's trust in him. Whiletheteststhemselvey do not necessarily establish that the Licensee was incapacitated at the time the samples were taken, the NRC does not have the necessary reasonable assurance that the Licensee will carry out his duties in the future with sufficient alert-ness and ability to safely operate SONGS and observe all applicable requirements including obligations imposed by SCE's policies and. procedures, as well as the NRC's requirements. For these reasons, if at the time the License was issued, the NRC had known of the Licens'ee's inability or unwillingness to refrain from the Section 186 of the use of illegal drugs, the License would not have been issued.

Atomic Energy Act of 1954, as amended, and 10 CFR 55.61(b) provide that a license may be revoked for any reason for which a license would not be issued upon an original application. The past perfonnance of the Licensee in contravention of SCE's

t drug program is a relevant consideration in denial of a renewal application under 10 CFR 55.57(b)(4).

Consequently, I have detemined that pemitting this Licensee to conduct licensed activities would be inimical to the public health and safety, and therefore the License should be suspended.

I have also detemined, pursuant to 10 CFR 2.201(c) and 2.202(f), that the public health and safety requires that this action be imediately effective. In addition, because the Licensee has failed to demonstrate that he is capable of continuihg to competently and safely assume license duties,10 CFR 55.57(b)(2)(1), or that his past perfomance has been satisfactory,10 CFR 55.57(b), in light of the drug test results, I have detemined that the renewal application should be denied, e

- Y I'n view of t foregoing and pursuant to Sections 107, 161 b and i, and 186 of..

the Atomic Energy Act of 1954, as amended, and the Comission's regulations in 10 CFR 2.103 and 2.202 and 10 CFR Part 55. IT IS HERE8Y ORDERED THAT:

A. Effective imediately, activities authorized under License No. 0P 6010-2 I

are hereby suspended and the Licensee shall not manipulate the controls of the reactors at the San Onofre Nuclear Generating Station, Units 2 and

' 3 or otherwise engage in activities reserved for licensed nuclear plant operators, pending final action on the Licensee's renewal application.

8. The renewal application for License OP 6010-2 is denied.

I

VI Pursuant to 10 CFR 2.202(b), the Licensee may show cause why this Order should not have been issued and why his renewal application should not be denied by ming a written answer under oath or affimation within 20 days of the date of issuance of this Order, setting forth the matters of fact and law on which The Licensee may answer this Order, as provided in 10 the Licensee relies.

CFR 2.202(d), by consenting to the provisions specified in Section V above.

Upon consent of the Licensee to the provisions set forth.in Section V of this Order, or upon the Licensee's failure to file an answer within the specified time, the provisions specified in Section 7 above shall be final without further Order and the License shall be tenninated. .

VII Pursuant to 10 CFR 2.103(b) and 2.202(b), the Licensee or any other person adversely affected by this Order may request a hearing within 20 days of this Order. Any answer to this Order or request for hearing shall be submitted to the Director Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Copies also shall be sent to the Assistant General Counsel for Enforcement Office of the General Counsel, at the same address '

and to the Regional Administrator, NRC Region V, 1450 Maria Lane, Suite 210, Walnut Creek, California 94596. If a person other than the' Licensee requests a hearing, that person shall set forth with particularity the manner in which the petitioner's interest is adversely affected by this Order and e , - ,-

, s.

• e should address the criteria set forth in 10 CFR 2.714(d). AN ANSWER TO THIS ORDER OR A REQUEST FOR HEARING SHALL NOT STAY THE IEEDIATE EFFECTIVE SECTION Y.A 0F THIS ORDER.

If a hearing is requested, the Comission will issue an Order designating the time and place of hearing. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be sustained.

FOR THE MUCLEAR REGULATORY COM ISSION

~

Q_S <N

% l' ctor Sterio, .

Executive Direc for Operations Dated at Rockville, Maryland

- this / f%ay of June 1988 .

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