ML20196D485
| ML20196D485 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 06/21/1999 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20196D432 | List: |
| References | |
| IA-99-008, IA-99-8, NUDOCS 9906240287 | |
| Download: ML20196D485 (3) | |
Text
.
ENCLOSURE 1 NOTICE OF VIOLATION Emil D. McCormic Docket No. 55-40538 License No. SOP-43716 IA 99-008
)
As a result of written notification from Entergy Operations, Inc. (EOI), dated February 4,1999, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed I
below:
j 10 CFR 55.53(j) prohibits the use, possession, or sale of illegal drugs by an individual licensed operator or senior operator. A confirmed positive test, exceeding the lower of the cutoff levels for drugs or alcohol contained in 10 CFR 26, Appendix A, or as established by the facility licensee, means that the results of a confirmatory test has established the presence of drugs, drug metabolites, or alcoholin a specimen and must be presumed to be an indication of offsite drug use by an individual, in accordance with 10 CFR 26.3 and 10 CFR 26.27(b)(2). Marijuana is an illegal drug, as defined by 10 CFR 26.3.
j l
Contrary to the above, Emil D. McCormic, an individual licensed operator, violated 10 CFR 55.53(j) by the use of an illegal drug (marijuana) as evidenced by a confirmed positive test for that drug resulting from a urine sample submitted on Dece ber 22,
)
m 1998. (01013)
This is a Severity Level ill violation (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, Emil D. McCormic is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, and marked "Open by Addressee Only) and a copy to the NRC Resident Inspector at the Arkansac Nuclear One facility, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a s
' Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that wi!! be taken to avoid further violations, and (4) the date when full compliance will be achieved if an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
Dated this 25* day of March 1999 9906240287 990621 PDR ADOCK 05000313 G
1 i
1 Resnonse to Notice of Violation 9
1.-
The reason for the violation. The events that led up to my confirmed positive urinalysis test on December 22,1998 are as follows: Numerous items in my life were becoming large stress's.
It was at this time, the weekend of December 12*, that I found mysel4 of people whom had been consuming alcohol. I had been consummg alcohol and was under the influence. I have never used any illegal drugs in the work place or prior to this event. At the l
time I thought that it was removing some of the stress that I was feeling. I was randomly selected for urinalysis testing on December 22,1998. It was at this time that the impact of my actions started to become clear to me. I worked December 23,1998 as P&S Liaison for 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> and went home to begin vacation for the remainder of the year.
)
]
J i~
I have never used any illegal drugs in the work place. I also feel the need to say that I was offered the opportunity to perform the duties of a licensed operator the week of December 15, 1998. I declined the chance based partly on the fact that{
]
]and secondly from my actions the previous weekend.
2.
The corrective stens that have been taken and results nehieved. Upon notification of the confirmed positive test on December 29,1998 my unescorted access privileges wtre removed, my security badge confiscated by the Operations Manager and I was referred to the Employee Assistance Program (EAP) for assessment and counseling during a 14-day suspension. Through a series of tests, the clinician determined that I was not a threat to society, my employer or myself. lie felt that I was suffering from stress and{
3 i
l On' January 13,1999 i returned to ANO to begin the process of re<ntry mto the protected area.
l The first step of the process was to read and acknowledge a re-entry agreement between myself, Operations Management and the Fitness for Duty (FFD) program. After discussion betuten the aforementioned parties, the agreement was signed by myself and witnessed by the Operations Manager, A follow-up urinalysis test was performed and a Security background check perfonned. The results of the follow-up Urinalysis test were negative, indicating levels less than the cutoff. The following week on Janyary 20,1999 i was given unescorted access back into the protected area of ANO. My first day to re-enter the protected area was January 25,1999 as the Unit One P&S Liaison.
J
- 2. continued Randon urinalysis tests were performed on February 2, February 23, March 23 and April 15, 1999 with negative test results.
As part of the reentry conditions my SRO license was placed in an inactive status and will remain j
inactive for a minimum of six months. During this period I will not perform any active license operator duties. After the six month period, a management review of my case focusing on i
follow-up testing results, EAP results and work performance will be performed to detennine if I
the license can be upgraded to an active status, widch will make me eligible to begin performing active license duties, e
3.
The corrective stens that will be taken to avoid further violations. I luve entered the
)
Employee Assistance Program for counseling. These sessions were scheduled for every two weeks with a clinician to help me effectively cope with stress and to develop stress management f
techniques. Sessions were conducted with a clinician on January 15, January 27, February 12
{
and February 26,1999. The clinician determined that no further outpatient treatment was
{ quired to satisfy}the re-entry agreement. The issues of marijuana use re had been addressed and there had been a reasonable degree ofimprovement.
I am subject to intensified random follow-up testing for 12 months. I will be tested at least once
)
per month for the next six months and at least once every two months for the remainder of the 12 month period.
i 4.
The date when full compliance will be achieved. January 13,2000 is when the 12-month intensified testing period is complete. However, I have been in full compliance with Entergy's Fitness for Duty program since this unfortunate event and I will remain in compliance with that program.
,