ML20195H033

Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program Which Includes Random Drug Testing.Util Strongly Favors 180- Day Period for Implementation of Rule & 360-day Implementation Period for Random Drug Testing

ML20195H033
Person / Time
Site:	Salem, Hope Creek, 05000000
Issue date:	11/21/1988
From:	Miltenberger S Public Service Enterprise Group
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-53FR36795, RULE-PR-26 53FR36795-00264, 53FR36795-264, NLR-N88197, NUDOCS 8811300194
Download: ML20195H033 (5)

Text

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o November 21, 1988 NLR-N88197 Mr. S. J. Chilk, ascretary U.S. Nuclear Regulatory commission Washington, DC 20555 Attention: Docketing and Service Branch Gentlemen:

FITNESS FOR DUTY; COMMENTS ON PROPOSED RULEMAXING SALIM AND HOPE CRItX GENERATING STATIONS DOCKET Nos. 50-272, 50-311, AND 50-354 l

Public service Electric and Gas Company forwards the attached comments on the subject preposed rulemaking.

We appreciate the J

opportunity to participate in the rulenaking process.

Inasmuch as basic employee rights and individual constitutional rights may i

be affected by the proposed rulemaking, we would encourage the NRC to give careful consideration to all comments submitted on this matter.

If there are any questions regarding this matter, please feel free to contact us.

Sincernly, Tan /E4E,NILTENMref.

Attachment h

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ATTACHMENT PUBLIC SERVICE ELECTRIC & OAS COMPANY COMMENTS ON THE NUCLEAR REGULATORY COMMISSION'S FITNESC-FOR-DUTY RULE 26.1 PURPOSE No comment.

26.2(a)

SCOPE Line 16 We interpret "representatives" as used in Line 16 to mean employees, acents, or any vendor representing the NRC.

This interpretation is consistent with PSE&G's position on applicability of rule to NRC.

26.2(b)

Public Service Electric & Gas strongly favors a Line 4 180 day period for implementation of the rule, and a 360 day implementation period for random drug testing.

Rationaler Random testing requires contractual changes with labor unions and laboratory service i

providers.

26.3 DEFINITIONS Line 14 The term "Drug Abuse" as used in this rule means inapprooriate use of substances for other than legitimate medical purposes.

Line 25 "For cause Testino" means testing and/or evaluation testing at request of supervisor or other responsible management employee, based on reasonable suspicion of unreliability or lack of trustworthyness.

Line 39, Add reference to alcohol, delete reference to 42, 4 43 drugs or other substances in definition of "Impairment".

l 26.10(c)

CENERAL PERFORMANCE OBJECTIVES Have as a Qcal, achieving a drug f ree work force free of persons who use or traf fic in illegal drugs.

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-o 4 26.20 WRITTEN POLICY AND PROCEDURES We stronaly agree with NUKARC's position.

26.21 POLICY _COFMU_NICATIONS.AND AWARENESS TRAINING We strongly agree with NUMARC's position.

26.22 TRAINING OF SUPERVISOUS AND ESCORTS We strongly agree with NUKARC's position.

26.23(a)

CONTRACTORS We strongly agree With NUKARC's position.

26.23(b)

Delete "Nuclear Safety Activicies".

Insert after contracted "work within the protected area".

26.24(a)(1)

CHEMICAL TESTING We strongly agree with NUMARC's position.

26.24(a)(2)

We strongly agree with NUMARC's position.

(i) & (ii) 26.24(a)(3)

Testing for cause should be at mananement discretion, i.e.,

immediately followinq any serious accident or incide::t.

4 26.24(a)(4)

We strongly aarse with NUMARC's position.

26.24(b)

Reference to HMS quidelines should be eliminated.

Substances and thresholds should be as stated in NUMARC reconmendations.

26.24(c)

We strongly acree with NUMARC's position with the addition of the following panels:

• Barbiturates

'Benzodiazepines

• Methadone

• Methacualone

• Propoxphone e-

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. 26.24(e)

State specific wording in NHS guidelines to be implemented.

26.25 EMPLOYEE ASSISTANCE PROGRAMS We strongly agree with NUMARC's position.

26.27(a)

MANAGEMENT ACTIONS AND SANCTIONS TO BE IMPOSED Delete from rulemaking.

Rationales More suitably addressed in the Access Authorization program.

26.27(b)

We strongly agree with NUKARC's position.

26.28 APPEALS All personnel should be entitled to a licenses review process to validate procedures.

We j

strongly urge however, that this procedure not be part of the rulemaking process, but rather covered under Licensee Access Authorization i

program.

This position is consistent with the requirements of 10CFR 73.57.

26.29(a)

PROTECTION or INroRMATION Line 7 We strongly acree with NUMARC's position.

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26.29(b)

We strongly agree with NUHARC's position.

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26.70(b)(2)

INSPECTIONS l

We strongly agree with NUMARC's position.

26.71(d)

RECORDREEPING RBOUIREMENTS Delete - unnecessary to create another record keepino requirement in a rulemaking process.

l Information can be reviewed out of context.

26.73 REPORTING RDQUIREMENTS Add - The NRC will provide a compilation of the names and social security numbers of those persons as reported by individual licenses to all licensees on a monthly basis.

6093395148 PUBLIC SERVICE ELECTRIC AND OAS COMPANY P.O. Den 236 Hanc.ck's Bridsei NJ 08030 Licensing & Regulatt n ceasetment Telecopy n (609) 339-5140 Verify (409) 339 4755 (609) 339 4744 (609) 339-4761 N.,er.,.ges oe.i a n,...or esesi)..5......

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