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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217P3791999-10-21021 October 1999 Forwards NRC Form 396 & NRC Form 398 for Renewal of Licenses SOP-20607-1 & SOP-20610-1.Without Encls ML20217N2521999-10-20020 October 1999 Provides Supplemental Info Re 990405 Containment Insp Program Requests for Relief RR-L-1 & RR-L-2,in Response to 991013 Telcon with NRC ML20217K7541999-10-15015 October 1999 Forwards Rev 1 to Unit 1,Cycle 9 & Unit 2 Cycle 7 Colrs,Iaw Requirements of TS 5.6.5.Figure 5, Axial Flux Difference Limits as Function of Percent of Rated Thermal Power for RAOC, Was Revised for Both Units ML20217G6751999-10-13013 October 1999 Requests Withholding of Proprietary Info Contained in Application for Amend to OLs to Implement Relaxations Allowed by WCAP-14333-P-A,rev 1 ML20217G1071999-10-0707 October 1999 Informs That on 990930,NRC Staff Completed mid-cycle PPR of Vogtle & Did Not Identify Any Areas in Which Performance Warranted More than Core Insp Program.Nrc Plans to Conduct Core Insps at Facility Over Next Six Months ML20216J9041999-10-0101 October 1999 Forwards Response to RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves ML20216J9161999-10-0101 October 1999 Forwards Response to NRC 990723 RAI Re GL 95-07, Pressure Locking & Thermal Binding of SR Power-Operated Gate Valves ML20217B0141999-10-0101 October 1999 Forwards Insp Repts 50-424/99-06 & 50-425/99-06 on 990725- 0904 at Vogtle Units 1 & 2 Reactor Facilities.Determined That One Violation Occurred & Being Treated as non-cited Violation ML20212E8751999-09-20020 September 1999 Forwards Response to NRC GL 99-02, Lab Testing of Nuclear Grade Activated Charcoal. Description of Methods Used to Comply with Std Along with Most Recent Test Results Encl ML20212E7481999-09-20020 September 1999 Requests Approval Per 10CFR50.55a to Use Alternative Method for Determining Qualified Life of Certain BOP Diaphragm Valves than That Specified in Code Case N-31.Proposed Alternative,Encl ML20212C2191999-09-16016 September 1999 Forwards NRC Form 536, Operator Licensing Exam Data, Which Is Current Need for NRC Operator Licensing Exams for Years 2000 Through 2003 of Plant Vogtle,Per Administrative Ltr 99-03 ML20211Q4801999-09-0101 September 1999 Informs That on 990812-13,Region II Hosted Training Managers Conference on Recent Changes to Operator Licensing Program. List of Attendees,Copy of Slide Presentations & List of Questions Received from Participants Encl ML20211J5291999-08-30030 August 1999 Forwards Snoc Copyright Notice Dtd 990825,re Production of Engineering Drawings Ref in VEGP UFSAR ML20211J5251999-08-30030 August 1999 Forwards Response to NRC 990727 RAI Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions ML20211J7381999-08-27027 August 1999 Informs That Licensee Vessel Data Is Different than NRC Database Based on Listed Info,Per 990722 Request to Review Rvid ML20211E9251999-08-23023 August 1999 Forwards fitness-for-duty Performance Data for Jan-June 1999,as Required by 10CFR26.71(d).Data Reflected in Rept Covers Employees at Vogtle Electric Generating Plant ML20210V0881999-08-16016 August 1999 Forwards Insp Repts 50-424/99-05 & 50-425/99-05 on 990620- 0724.No Violations Noted.Vogtle Facility Generally Characterized by safety-conscious Operations,Sound Engineering & Maintenance Practices ML20210Q4611999-08-0505 August 1999 Informs That NRC Plans to Administer Generic Fundamentals Exam Section of Written Operator Licensing Exam on 991006 for Vogtle.Requests Info Re Individuals Who Will Take Exam. Sample Registration Ltr Encl ML20210L2181999-08-0202 August 1999 Forwards NRC Form 396 & Form 398 for Renewal of Listed Licenses,Iaw 10CFR55.57.Without Encl ML20210N1191999-08-0202 August 1999 Discusses 990727 Telcon Between Rs Baldwin & R Brown Re Administration of Licensing Exam at Facility During Wk of 991213 ML20210G3351999-07-27027 July 1999 Forwards Second Request for Addl Info Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions ML20210E0121999-07-23023 July 1999 Forwards Second Request for Addl Info Re GL 95-07, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20210D9341999-07-22022 July 1999 Discusses Closure of TACs MA0581 & MA0582,response to Requests for Info in GL 92-01,rev 1,suppl 1, Reactor Vessel Structural Integrity ML20210C8011999-07-21021 July 1999 Provides Response to NRC AL 99-02,which Requests That Addressees Submit Info Pertaining to Estimates of Number of Licensing Actions That Will Be Submitted for NRC Review for Upcoming Fy 2000 & 2001 ML20210E0431999-07-15015 July 1999 Forwards Insp Repts 50-424/99-04 & 50-425/99-04 on 990502- 0619.Two Violations of NRC Requirements Identified & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20209H3881999-07-14014 July 1999 Forwards Revs 1 & 2 to ISI Program Second 10-Year Interval Vogtle Electric Generating Plant Unit 1 & 2 ML20209C4041999-07-0101 July 1999 Forwards Rev 29 to VEGP Units 1 & 2 Emergency Plan.Rev 29 Incorporates Design Change Associated with Consolidation of Er Facilities Computer & Protues Computer.Justifications for Changes & Insertion Instructions Are Encl ML20196H8081999-06-28028 June 1999 Discusses 990528 Meeting Re Results of Periodic PPR for Period of Feb 1997 to Jan 1999.List of Attendees Encl ML20212J2521999-06-21021 June 1999 Responds to NRC RAI Re Yr 2000 Readiness at Nuclear Power Plants.Gl 98-01 Requested Response on Status of Facility Y2K Readiness by 990701 ML20196F9171999-06-21021 June 1999 Forwards Owner Rept for ISI for Vogtle Electric Generating Plant,Unit 1 Eighth Maint/Refueling Outage. Separate Submittal Will Not Be Made to NRC on SG Tubes Inspected During Subj Outage ML20195F8031999-06-11011 June 1999 Forwards Changes to VEGP Unit 1 Emergency Response Data Sys (ERDS) Data Point Library.Changes Were Completed on 990308 While Unit 1 Was SD for Refueling Outage ML20207E7421999-06-0303 June 1999 Refers to from NRC Which Issued Personnel Assignment Ltr to Inform of Lm Padovan Assignment as Project Manager for Farley Npp.Reissues Ltr with Effective Date Corrected to 990525 ML20207F6201999-06-0202 June 1999 Sixth Partial Response to FOIA Request for Documents.Records in App J Encl & Will Be Available in Pdr.App K Records Withheld in Part (Ref FOIA Exemptions 7) & App L Records Completely Withheld (Ref FOIA Exemption 7) ML20207D9861999-05-28028 May 1999 Informs That,Effective 990325,LM Padovan Was Assigned as Project Manager for Plant,Units 1 & 2 ML20207D2701999-05-19019 May 1999 Forwards Insp Repts 50-424/99-03 & 50-425/99-03 on 990321- 0501.One Violation of NRC Requirements Identified & Being Treated as non-cited Violation Consistent with App C of Enforcement Policy ML20206M5141999-05-11011 May 1999 Informs That NRC Ofc of Nuclear Regulation Reorganized Effective 990328.As Part of Reorganization,Div of Licensing Project Mgt Created.Rl Emch Section Chief for Vogtle. Reorganization Chart Encl ML20206U4061999-05-11011 May 1999 Confirms Telcon with J Bailey Re Mgt Meeting Scheduled for 990528 to Discuss Results of Periodic Plant Performance Review for Plan Nuclear Facility Fo Period of Feb 1997 - Jan 1999 05000424/LER-1998-006, Forwards LER 98-006-03 Re Motor Control Ctr Breaker Buckets Not Being Seismically Qualified.Rev Is Submitted to Document Results of Seismic Testing That Demonstrated That No Condition Outside Design Basis of TS Requirements Exi1999-05-10010 May 1999 Forwards LER 98-006-03 Re Motor Control Ctr Breaker Buckets Not Being Seismically Qualified.Rev Is Submitted to Document Results of Seismic Testing That Demonstrated That No Condition Outside Design Basis of TS Requirements Existed ML20206D6411999-04-29029 April 1999 Forwards Vogtle Electric Generating Plant Radiological Environ Operating Rept for 1998 & Vogtle Electric Generating Plant Units 1 & 2 1998 Annual Rept Annual Radioactive Effluent Release Rept ML20206D5881999-04-29029 April 1999 Forwards Rept Which Summarizes Effects of Changes & Errors in ECCS Evaluation Models on PCT for 1998,per Requirements of 10CFR50.46(a)(3)(ii).Rept Results Will Be Incorporated Into Next FSAR Update ML20206D6951999-04-28028 April 1999 Provides Update of Plans for VEGP MOV Periodic Verification Program Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs ML20206C2241999-04-21021 April 1999 Forwards Revised Monthly Operating Repts for Mar 1999 for Vogtle Electric Generating Plant,Units 1 & 2.Page E2-2 Was Iandvertently Omitted from Previously Submitted Rept on 990413 ML20206A6371999-04-21021 April 1999 Forwards SE Authorizing Licensee Re Rev 9 to First 10-yr ISI Interval Program Plan & Associated Requests for Relief (RR) 65 from ASME Boiler & Pressure Vessel Code ML20205Q3351999-04-15015 April 1999 Forwards Insp Repts 50-424/99-02 & 50-425/99-02 on 990214-0320.Three Violations Identified & Being Treated as Non-Cited Violations ML20205T2351999-04-0909 April 1999 Informs That on 990317,B Brown & Ho Christensen Confirmed Initial Operator Licensing Exam Scheduled for Y2K.Initial Exam Date Scheduled for Wk of 991213 for Approx 10 Candidates ML20205K7501999-04-0505 April 1999 Informs That Effective 990329,NRC Project Mgt Responsibility for Plant Has Been Transferred from Dh Jaffe to R Assa ML20209A3741999-04-0505 April 1999 Submits Several Requests for Relief for Plant from Code Requirements Pursuant to 10CFR50.55a(a)(3) & (g)(5)(iii).NRC Is Respectfully Requested to Approve Requests Prior to Jan 1,2000 ML20205H3481999-03-31031 March 1999 Forwards Georgia Power Co,Oglethorpe Power Corp,Municipal Electric Authority of Ga & City of Dalton,Ga Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81 ML20205F9091999-03-29029 March 1999 Submits Rept of Number of SG Tubes Plugged During Plant Eighth Maintenance/Refueling Outage (1R8).Inservice Insps Were Completed on SGs 1 & 4 on 990315.No Tubes Were Plugged ML20205G0761999-03-26026 March 1999 Provides Results of Individual Monitoring for 1998.Encl Media Contains All Info Required by Form NRC 5.Without Encl 1999-09-20
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML20217P3791999-10-21021 October 1999 Forwards NRC Form 396 & NRC Form 398 for Renewal of Licenses SOP-20607-1 & SOP-20610-1.Without Encls ML20217N2521999-10-20020 October 1999 Provides Supplemental Info Re 990405 Containment Insp Program Requests for Relief RR-L-1 & RR-L-2,in Response to 991013 Telcon with NRC ML20217K7541999-10-15015 October 1999 Forwards Rev 1 to Unit 1,Cycle 9 & Unit 2 Cycle 7 Colrs,Iaw Requirements of TS 5.6.5.Figure 5, Axial Flux Difference Limits as Function of Percent of Rated Thermal Power for RAOC, Was Revised for Both Units ML20217G6751999-10-13013 October 1999 Requests Withholding of Proprietary Info Contained in Application for Amend to OLs to Implement Relaxations Allowed by WCAP-14333-P-A,rev 1 ML20216J9161999-10-0101 October 1999 Forwards Response to NRC 990723 RAI Re GL 95-07, Pressure Locking & Thermal Binding of SR Power-Operated Gate Valves ML20216J9041999-10-0101 October 1999 Forwards Response to RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves ML20212E7481999-09-20020 September 1999 Requests Approval Per 10CFR50.55a to Use Alternative Method for Determining Qualified Life of Certain BOP Diaphragm Valves than That Specified in Code Case N-31.Proposed Alternative,Encl ML20212E8751999-09-20020 September 1999 Forwards Response to NRC GL 99-02, Lab Testing of Nuclear Grade Activated Charcoal. Description of Methods Used to Comply with Std Along with Most Recent Test Results Encl ML20212C2191999-09-16016 September 1999 Forwards NRC Form 536, Operator Licensing Exam Data, Which Is Current Need for NRC Operator Licensing Exams for Years 2000 Through 2003 of Plant Vogtle,Per Administrative Ltr 99-03 ML20211J5291999-08-30030 August 1999 Forwards Snoc Copyright Notice Dtd 990825,re Production of Engineering Drawings Ref in VEGP UFSAR ML20211J5251999-08-30030 August 1999 Forwards Response to NRC 990727 RAI Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions ML20211J7381999-08-27027 August 1999 Informs That Licensee Vessel Data Is Different than NRC Database Based on Listed Info,Per 990722 Request to Review Rvid ML20211E9251999-08-23023 August 1999 Forwards fitness-for-duty Performance Data for Jan-June 1999,as Required by 10CFR26.71(d).Data Reflected in Rept Covers Employees at Vogtle Electric Generating Plant ML20210L2181999-08-0202 August 1999 Forwards NRC Form 396 & Form 398 for Renewal of Listed Licenses,Iaw 10CFR55.57.Without Encl ML20210C8011999-07-21021 July 1999 Provides Response to NRC AL 99-02,which Requests That Addressees Submit Info Pertaining to Estimates of Number of Licensing Actions That Will Be Submitted for NRC Review for Upcoming Fy 2000 & 2001 ML20209H3881999-07-14014 July 1999 Forwards Revs 1 & 2 to ISI Program Second 10-Year Interval Vogtle Electric Generating Plant Unit 1 & 2 ML20209C4041999-07-0101 July 1999 Forwards Rev 29 to VEGP Units 1 & 2 Emergency Plan.Rev 29 Incorporates Design Change Associated with Consolidation of Er Facilities Computer & Protues Computer.Justifications for Changes & Insertion Instructions Are Encl ML20196F9171999-06-21021 June 1999 Forwards Owner Rept for ISI for Vogtle Electric Generating Plant,Unit 1 Eighth Maint/Refueling Outage. Separate Submittal Will Not Be Made to NRC on SG Tubes Inspected During Subj Outage ML20212J2521999-06-21021 June 1999 Responds to NRC RAI Re Yr 2000 Readiness at Nuclear Power Plants.Gl 98-01 Requested Response on Status of Facility Y2K Readiness by 990701 ML20195F8031999-06-11011 June 1999 Forwards Changes to VEGP Unit 1 Emergency Response Data Sys (ERDS) Data Point Library.Changes Were Completed on 990308 While Unit 1 Was SD for Refueling Outage 05000424/LER-1998-006, Forwards LER 98-006-03 Re Motor Control Ctr Breaker Buckets Not Being Seismically Qualified.Rev Is Submitted to Document Results of Seismic Testing That Demonstrated That No Condition Outside Design Basis of TS Requirements Exi1999-05-10010 May 1999 Forwards LER 98-006-03 Re Motor Control Ctr Breaker Buckets Not Being Seismically Qualified.Rev Is Submitted to Document Results of Seismic Testing That Demonstrated That No Condition Outside Design Basis of TS Requirements Existed ML20206D5881999-04-29029 April 1999 Forwards Rept Which Summarizes Effects of Changes & Errors in ECCS Evaluation Models on PCT for 1998,per Requirements of 10CFR50.46(a)(3)(ii).Rept Results Will Be Incorporated Into Next FSAR Update ML20206D6411999-04-29029 April 1999 Forwards Vogtle Electric Generating Plant Radiological Environ Operating Rept for 1998 & Vogtle Electric Generating Plant Units 1 & 2 1998 Annual Rept Annual Radioactive Effluent Release Rept ML20206D6951999-04-28028 April 1999 Provides Update of Plans for VEGP MOV Periodic Verification Program Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs ML20206C2241999-04-21021 April 1999 Forwards Revised Monthly Operating Repts for Mar 1999 for Vogtle Electric Generating Plant,Units 1 & 2.Page E2-2 Was Iandvertently Omitted from Previously Submitted Rept on 990413 ML20209A3741999-04-0505 April 1999 Submits Several Requests for Relief for Plant from Code Requirements Pursuant to 10CFR50.55a(a)(3) & (g)(5)(iii).NRC Is Respectfully Requested to Approve Requests Prior to Jan 1,2000 ML20205H3481999-03-31031 March 1999 Forwards Georgia Power Co,Oglethorpe Power Corp,Municipal Electric Authority of Ga & City of Dalton,Ga Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81 ML20205F9091999-03-29029 March 1999 Submits Rept of Number of SG Tubes Plugged During Plant Eighth Maintenance/Refueling Outage (1R8).Inservice Insps Were Completed on SGs 1 & 4 on 990315.No Tubes Were Plugged ML20205G0761999-03-26026 March 1999 Provides Results of Individual Monitoring for 1998.Encl Media Contains All Info Required by Form NRC 5.Without Encl ML20205H4051999-03-25025 March 1999 Forwards Info on Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81,as Requested IAW 10CFR50.75(f)(1) ML20205H3891999-03-25025 March 1999 Forwards Info on Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81,as Requested IAW 10CFR50.75(f)(1).Page 2 in Third Amend Power Sales Contract of Incoming Submittal Not Included ML20205A9441999-03-25025 March 1999 Forwards VEGP Unit 1 Cycle 9 Colr,Per TS 5.6.5.d ML20205H3811999-03-24024 March 1999 Forwards Info on Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81,as Requested IAW 10CFR50.75(f)(1) ML20205H3621999-03-22022 March 1999 Forwards Info on Status of Decommissioning Funding for Each Reactor or Part of Reactor Owned for OLs NPF-68 & NPF-81, as Requested IAW 10CFR50.75(f)(1) ML20204G4361999-03-18018 March 1999 Forwards Summary Rept of Present Level & Source of on-site Property Damage Insurance Coverage for Vegp,Iaw Requirements of 10CFR50.54(w)(3) ML20204C0591999-03-17017 March 1999 Forwards Rev 0 to WCAP-15160, Evaluation of Pressurized Thermal Shock for Vegp,Unit 2 & Rev 0 to WCAP-15159, Analysis of Capsule X from Vegp,Unit 2 Reactor Vessel Radiation Surveillance Program ML20207K9551999-03-11011 March 1999 Forwards Response to Rai,Pertaining to Positive Alcohol Test of Licensed Operator.Encl Info Provided for NRC Use in Evaluation of Fitness for Duty Occurrence.Encl Withheld,Per 10CFR2.790(a)(6) ML20207L9721999-03-10010 March 1999 Forwards Rev 15 to EPIP 91104-C of Manual Set 6 of Vogtle Epips.Without Encl ML20207B0191999-02-25025 February 1999 Forwards Fitness for Duty Performance Data for six-month Reporting Period 980701-1231,IAW 10CFR26.71(d) 05000424/LER-1998-009, Forwards LER 98-009-00 Re Event in Which Improper Testing Method Resulted in Inadequate Surveillances on 9812291999-01-27027 January 1999 Forwards LER 98-009-00 Re Event in Which Improper Testing Method Resulted in Inadequate Surveillances on 981229 ML20199F7701999-01-13013 January 1999 Submits Revised Response to RAI Re Licensee 980713 Proposed Amend to Ts,Eliminating Periodic Response Time Testing Requirements on Selected Sensors & Protection Channels. Corrected Copy of Table,Encl ML20199F7981999-01-13013 January 1999 Forwards Corrected Pages to VEGP-2 ISI Summary Rept for Spring 1998 Maint/Refueling Outage. Change Bar in Margin of Affected Pages Denotes Changes to Rept ML20199G1381999-01-13013 January 1999 Forwards Copy of Permit Renewal Application Package for NPDES Permit Number GA0026786,per Section 3.2 of VP Environ Protection Plan 05000424/LER-1998-007, Forwards LER 98-007-00,re Inadequate Surveillances Due to Improperly Performed Response Time Testing,On 981215,IAW 10CFR50.731999-01-13013 January 1999 Forwards LER 98-007-00,re Inadequate Surveillances Due to Improperly Performed Response Time Testing,On 981215,IAW 10CFR50.73 ML20198F6131998-12-18018 December 1998 Forwards Revised Certification of Medical Exam Form for License SOP-21147.Licensee Being Treated for Hypertension. Util Requests That Individual License Be Amended to Reflect Change in Status ML20198L6631998-12-18018 December 1998 Forwards Amend 37 to Physical Security & Contingency Plan. Encl 1 Provides Description & Justification for Changes & Encl 2 Contains Actual Amend 37 Pages.Amend Withheld,Per 10CFR73.21 ML20198D9291998-12-16016 December 1998 Forwards Requested Info Re Request to Revise TSs Elimination of Periodic Pressure Sensor Response Time Tests & Elimination of Periodic Protection Channel Response Time Tests ML20198D9991998-12-16016 December 1998 Forwards Responses to 980916 RAI Re Response to GL 97-01, Degradation of Control Rod Drive Mechanism Nozzle & Other Vessel Closure Head Penetrations ML20198D8171998-12-14014 December 1998 Forwards NRC Form 396 & Form 398 for Renewal of License OP-20993.Without Encls ML20206N3051998-12-0808 December 1998 Submits RAI Re Replacement of Nuclear Instrument Sys Source & Intermediate Range Channels & post-accident Neutron Flux Monitoring Sys 1999-09-20
[Table view] |
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_ __
C. K. McCoy South 1rn Nuclar
, , Vice President Operating Conipany,Inc.
Vogtle Project 40 invemess Center Parkway P.O. Box 1295 Birmingham. Alabama 35201 Tel 205.992.7122 Fax 205.992.0403 SOUTHERN h July 25, 1997 COM N Docket No. 50-424 Energy to ServeYourWorld" 50-425 ,
LCV-1009-D l U. S. Nuclear Regulatory Commission I ATTN. Document Control Desk l Washington, D. C. 20555 Ladies and Gentlemen:
i VOGTLE ELECTRIC GENERATING PLANT REPLY TO A NOTICE OF VIOLATION Pursuant to 10 CFR 2.201, Southern Nuclear Operating Company (SNC) submits the enclosed I information for Vogtle Electric Generating Plant (VEGP) in response to enforcement action EA 97-208, for two violations cited in Notice of Violation dated June 25,1997, and originally 1 categorized as Unresolved items (URI) 50-424;425 / 97-03-01, -02, in Nuclear Regulatory l Commission (NRC) Inspection Report Nos. 50-424; 425/97-03, dated April 4,1997, identified during an inspection conducted from March 3-7,1997. In the enclosure, a transcription of the violation precedes SNC's response.
Should you have any questions feel free to contact this oflice.
Sincerely, WM' C. K. McCo CKM/AFS D
Enclosure:
Reply to NOV 50-424;425/ 97-03 (EA. 97-208-01014,02014) cc: Southern Nuclear Ooeratine Comoany i
~
Mr. J. B. Beasley, Jr. l Mr. M. Sheibani Mr. J. W. Averett NORMS U. S. Nuclear Regulatory Commission Mr. L. A. Reyes, Regional Administrator Mr. L. L. Wheeler, Senior Project Manager, NRR lllll!!$!!!!
llllllllllll{l!$l Mr. C. R. Ogle, Senior Resident Inspector, Vogtle C' '" ^99o7310o4e 970725 PDR ADOCK 0500o424 l G PDR
ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT - UNITS 1 & 2 l
REPLY TO NOTICE OF VIOLATION NRC INSPECTION REPORT 50-424:425/ 97-03 (EA 97-208)
VIOIATION A. (EA 97-208-01014)
The following is a transcription of violation A as cited in the Notice of Violation (NOV):
"During a1 NRC inspection conducted on March 3 - 7,1997, violations of NRC requirenents l were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the violations are listed below:
A. 10 CFA 26.24(d)(1) states, in part, that access to the results of l preli<ainary tests must be limited to the Lensee's testing staff, the MeJical Review Officer, the Fitness-For-Duty Program Manager, and th.: employee assistance program staff, when appropriate.
Contrary to the above, on or before Febmary 27,1997, an individual's
! preftminary positive chemical test result was discussed with individuals other than the licensee's testing staff, the Medical Review Officer (MRO), the Fitness-For-Duty Program Manager, and the employee assistance program stafE (01014)
This is a Severity Level IV violation (Supplement III)."
RESPONSE TO VIOLATION A ,(EA 97-208-01014)
Admission or Denial of the Violation:
The violation occurred as stated in the notice of the siolation.
Reason for the Violation:
The information concerning chemical test results communicated on February 27 was based on Southern Nucleafs interpretation of 10 CFR 26.29(b). Southern Nuclear disclosed " personal information" to licensee representatives who had responsibility to ensure the subject employee's compliance with disciplinary action and with a related contract by which the subject employee committed not to take any dmgs (legal or illegal) without explicit permission of the employee assistance provider. As explained in our lette- LCV-1012, dated April 22,1997, a preliminary positive test, known to not be confirmed by confirmation testing was some evidence ofnon-compliance with the employee assistance program (EAP) commitments. As a result of the l subject NOV, Southern Nuclear now understands the position of the Nuclear Regulatory j Commission that the specific restrictions of 10 CFR 26.24(d)(1) (regarding preliminary results i of chemical testing) control the more general statement of 10 CFR 26.29(b) (regarding personal iaformation) to prohibit such communication.
I
. . _ _ . . __ _ _ . _ _ _ _ ._ . _ ~ . . . . _ _ _ _ _ _ _ _ _. __
, ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT- UNITS 1 & 2 I REPLY TO NOTICE OF VIOLATION t'RC INSPECTION REPORT 50-424:425/ 97-03 (EA 97-208)
Corrective stens which have been taken and the results achieved:
i The requrements of 10 CFR 26.24(d)(1) have been reaflirmed by letter to the fitness for duty l testing staff of the licensee, as well as to licensee management.
Corrective steos which will be taken to avoid further violations:
No additional corrective actions are planned at this time.
Date when full compliance will be achiaed:
l l The licensee is currently in full compliance with the requirements of 10 CFR 26.24(d), and the
- protection of confidentiality.
VIOLATION B. (EA 97-208-02014)
The following is a transcription of violation B as cited in the Notice of Violation (NOV):
1 B. "10 CFR 26.29(b) specifically states, in part, that the licensee shall not disclose personal information collected and maintained to persons other than assigned MROs, other licensees, or their authorized
' representatives legitimately seeking the information as required by this ,
part for unescorted access decisions.
Contrary to the above, on December 30,1996, the licensee discussed personal information collected and maintained with a union representative, a person other than an assigned MRO, another licensee, or their authorized representatives legitimately seeking the information as required by 10 CFR Part 26 for unescorted access decisions.
(02014)
This is a Severity Level IV violation (Supplement III)."
RESPONSE TO VIOLATION B. (EA 97-208-020l4)
Admission or Denial of the Violation:
Southern Nuclear denies that a violation of regulatory requirements occurred as stated in Violation B.
i 2
ENCLOSURE w
1 i VOGTLE ELECTRIC GENERATING PLANT - UNITS 1 & 2 ,
L REPLY TO NOTICE OF VIOLATION l NRC INSPECTION REPORT 50-424:425/ 97-03 (EA 97-208) i Basis for Denial of the Violation: )
l l Violation B implies that " personal infonnation" collected to carry out the fitness for duty rule
! can be disclosed only to persons making unescorted access decisions. The portion of 10 CFR i j 26.29(b) quoted in Violation B omits reference to permitted disclosures to licensee i representatives who have a need to have access to the information in performing assigned
! duties and disclosures to the employee's representative. The language of Violation B i consequently appears to misconstme 10 CFR 26.29(b). Moreover, Violation B cannot be i reconciled with the obligations imposed on Southern Nuclear by the National Labor Relations j Act.
I The assigned responsibilities oflicensee labor relations staffinclude the duty to respond to j j apprcpriate information requests from a collective bargaining representative, and the proper l perfonnance of those duties appears to conflict directly with Violation B's interpretation that
- "the licensee shall not disclose personal infonnation collected and maintained to persons other than assigned MROs, other licensees, or their authorized representatives legitimately seeking
- the information as required by this part for unescorted access decisions"
!- The interpretation of 10 CFR 26.29(b) implicit in the Notice of Violation is that " personal i
information" may not be communicated to licensee representatives except "for unescorted
, access decisions". The NOV does not address whether such information can be properly communicated to labor relations staff with assigned responsibility, or to an employee's union i
representative. Southern Nuclear occasionally has grievances from represented employees that
- may culminate in arbitration. During the grievance procedure, and in arbitration hearings which may result from the grievance procedures, an employer could neither explain its position
!- nor defend its decision if 10 CFR 26.29(b) does not permit disclosure of" personal information" i to labor relations staff or to union representatives in appropriate circumstances.
Such a limitation is inconsistent with the language of 10 CFR 26.29(b), which permits l
- l disclosure to the employee's representatives and to licensee representatives with assigned
. duties requiring such information. The full text of 10 CFR 26.29(b) is as follows:
j "(b) Licensees, contractors, and vendors shall not disclose the personal information
! collected and maintained to persons other than assigned Medical Review Officers, i other licensees or their authorized representatives legitimately seeking the information j as required by this Pan for unescorted access decisions and who have obtained a 1 release from current or prospective employees or contractor personnel, NRC i representatives, appropriate law enforcement officials under coun order, the subject
- individual or his or her npresentative, or to those licensee npresentatives who j have a need to have access to the information in performing assigned duties, 3
d
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l
, ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT - UNITS 1 & 2 REPLY TO NOTICE OF VIOLATION NRC INSPECTION REPORT 50-424:425/ 97-03 (EA 97-208) includmg audits oflicensee's, contractor's, and vendon's programs, to persons deciding matters on review or appeal, and to other persons pursuant to court order. This section does not authorize the licensee, contractor, ce vendor to withhold evidence of criminal conduct from law enforcement officials." [ emphasis suppliedj When the NRC first proposed 10 CFR 26.29, the NRC stated that the section requires licensees to ensure that personal privacy is to be protected to the extent possible, consistent with the need to carry out the FFD program. Accordingly," specific 3 l exemptions to the disclosure prohibition are provided. This list of exceptions is
! considered to be inclusive and no other disclosures should be made. If disclosure of the information is necessary for emergency medical purposes, it is assumed that the individual,
, or his/her representative, can provide the basis for such release. ." ' The list of l exemptions then included "...NRC representatives, appropriate law enforcement officials, the subject individual or his or her representative. ..."
In developing a final rule, the NRC considered comments about disclosure of the information to local police and to arbitrators and the affected individual. In response to these comments, the NRC modified 10 CFR 26.29.2 The NRC concluded that local police l
should only obtain the information "under court order," that the individual to whom the information pertains should have access, and that an arbitrator or other adjudicator who is being asked to resolve a fitness for duty dispute should have access. Clearly, then, the history of this provision shows the NRC's desire for the subject individual and his/her ;
representative to have access, and to accommodate access to resolve fitness disputes. In !
shon, the exemptions encompass the disclosures that are the subject of Violation B.
The disclosure of personal information cited in Violation B occurred after the subject employee had failed to attend required meetings with the employee assistance staff, and the status of his !
continued employment was questioned as explained in our letter LCV-1012, dated April 22, 1997. Labor relations staff had received inquiries from union representatives as to the reason that the employee's attendance with the employee assistance provider was required. In these circumstances, disclosure of personal information to labor relations staff regarding the subject l employee was consistent with 10 CFR 26.29, as was the disclosure to the union representative of the employee.
The subject employee was at that time represented by a union as a collective bargaining ;
l representative, a legal status established by the National Labor Relations Act. The function of a union is to deal with the employer on behalf of employees for purposes of collective bargaining and the adjustment ofgrievances. Precedent makes clear that the unions have l
' ' 53 Fed. Reg. 36795 September 22,1988, Section by Section Analysis.
2 54 Fed. Reg. 24468, June 7,1989, Response 18.2.5. i i
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,. ; , ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT- UNITS I & 2 REPLY TO NOTICE OF VIOLATION NRC INSPECTION REPORT 50-424:425/ 97-03 (EA 97-208) authority to request information necessary to decide whether to pursue grievances on behalfof employees, and an employer may commit an unfair labor practice by withholding relevant information. See, for example, Natio alLaborRelationsBoard v. Acme hulustrialCo.,385 U.S. 432 (1%7) (upholding a National Labor Relations Board order that an employer siolated the NLRA by withholding information that would allow a union to decide whether to process a grievance).
The disclosure which is the subject of Violation B took place in the context of the series of discussions oflabor management issues; and in the circumstances, Southern Nuclear labor relations gaff had "a need to have access to the information in performing assigned duties" under 10 CFR 26.29(b), and properly considered the union to be the subject employee's representative who was authorized to receive information concerning the basis on which action had been taken,' in order to determine whether to file a grievance on behalfof the subject employee. A grievance was filed on behalfof the subject employee in early January,1997.
TL:re was an inadvertent and regrettable error in comnmnication regarding the subject employce.
Hov.ever the error concerned the mistaken belief that there had been a positive result on a drug screen by the employee assistance provider, and did not concern results of chemical testing under the FFD rule.
( a 5
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