ML20197F183

Discusses from Sce&G,Advising That Sce&G No Longer Has Need to Maintain Operating License for Plant Facility & Containing Info Re Confirmed Positive Test for Cannabinoid

ML20197F183
Person / Time
Site:	Summer
Issue date:	10/29/1997
From:	Jaudon J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Altman J AFFILIATION NOT ASSIGNED
Shared Package
ML20197F189	List: ML20197F183 RC-97-0174, Notifies NRC That Jt Altman,License OP-20981 Has Been Terminated,Effective 970822
References
IA-97-085, IA-97-85, NUDOCS 9712300151
Download: ML20197F183 (5)

Text

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4 October 29, 1997 IA 97 085 John T. Altman

[HOME ADDRESS DELETED UNDER 10 CFR 2.790]

SUBJECT:

NOTICE OF VIOLATION AND EXPIRATION OF LICENSE

Dear Mr. Altman:

The Nuclear Regulatory Commission (NRC) has received a letter from South Carolina Electric and Gas Company (SCE&G), dated August 29, 1997, advising that SCE&G no longer has a need to maintain your operating license for the V. C. Summer facility. We also received a letter dated September 22, 1997 from SCE&G containing information about your confirmed positive test for cannabinoid, We plan to ) lace both of these letters in your 10 CFR Part b6 docket file. Copies of tle August 29, 1997 letter and the September 22, 1997 letter (including only the attachment pertaining to your case) are enclosed. i In accordance with 10 CFR 55.55(a), the determination by your facility licensee that you no longer need to maintain a license has caused your license (OP 20981) to expire as of August 22, 1997. In addition, the following violation is being issued on your docket:

1 10 CFR 55.53(j) prohibits the use of illegal drugs and prohibits the licensee from performing activities authorized by a license issbed under 10 CFR Part 55 while under the influence of any illegal substance that could adversely affect his or her ability to safely and competently >erform his or her licensed duties. "Under the influence" is defined in 10 C R 55.53(j) to mean that the " licensee exceeded, as evidenced by a confirmed positive test, the lower of the cutoff levels for drugs or alcohol contained in 10CFRPart26,AppndixA,ofthischapter,orasestablishedbythe facility licensee Contrary to the above, the licensee violated 10 CFR 55.53(j) as evidenced by the following examples:

a. The licensee used cannabinoid as evidenced by a confirmed positive test for that drug resulting from a urine sainple submitted on August 19, 1997.

b.Thelicenseef,rformedactivitiesauthorizedbyalicenseissuedunder 10 CFR Part 5 as a license required balance of

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August 19, 1997 and as a license required at the plant watch controls watch on on August 22, 1997, for the V. C. Summer Nuclear Plant immediately before and after submission of a urine sample which indicated that the licensee was under the influence of cannabinoid.

This is a Severity Level III violatior, (Supplement I).

CERTIFIED MAIL NO. P 291 242 711 RERJRN RECEIPT REQUESTED

$2gg pg, V PDR.

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Mr. Altman 2 The pur>ose of the Commission's Fitness for Duty requirements is to provide reasonaale assurance that nuclear power plant personnel work in an environment that is free of drugs and alcohol and the effects of the use of these substances. The use of illegal drugs is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. This violation is categorized as a Severity Level III violation in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions,"

NUREG 1600, because the use of illegal drugs by licensed operators is a significant regulatory concern. Because your license has expired, you are not required to respond to the Notice of Violation at this time unless you contest the violatiain. If you believe any information on this matter (this letter or the referenced letters from SCE&G) is " ~" ate or if you wish to add information that you believe ;mportant Jur full understanding of this matter, please provide it in writing o me within 30 days of receipt of this letter, Shcald you contest the Notioa of Violation, a response is required within 30 days of the date of this letter addressing the specific bases for

' disputing the violation. This response should be sent to the Regional Administrator. NRC Region II, 61 Forsyth St. SW, Suite 23T85, Atlanta, GA 30303 and marked, "Open by Addressee Only."

The purpose of this letter is to make clear to you the consequences of your violation of NRC requirements governing fitness for duty as a licensed operator, in accordance with 10 CFR Part 55. If you reapply for an operating.

license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in vou as a licensed operator and to abide by all fitness for duty and other license requirements and conditions.

We )lan to place this letter and the letters from SCE&G in your 10 CFR Part 55 doccet file. In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, records or documents comailed for enforcement purposes are placed in the NRC Public Document Room (PDU. A copy of this letter without its enclosures and with your address removed, and any response, will be placed in the PDR 45 days after the date of this u tter (unless you provide sufficient basis to withdraw this letter or withhold this information). At that time, a copy also will be provided to SCE&G.-

Mr. Altman 3 I

Should you have any questions concerning this action, please contact Mr. T. A. Peebles of my staff. Mr. Peebles can be reached at either the ,

address' listed above or telephone number (404) 562 4638.

Sincerely.

Original signed by l' Charles A. Casto for Johns P. Jaudon Director Division of Reactor Safety 1 Docket No. 55 21834 License No. OP 20981 ,

Enclosures:

1. -SCE&G Letter dated August 29,- 1997

2. SCE&G Letter dated September 22, 1997 with Attachment 1 only ccw/oenc1sw/HOMEADDREQ)

(HOLD FOR 45 DAYS EICS av TION)-DELETED:

South Carolina Electric & Gas Company ATTN: Mr. Gary J. Taylor

-Vice President. Nuclear Operations .

Virgil C. Summer Nuclear Station ,

P, 0.-Box 88 Jenkinsville, SC 29065 cc w/encls 1 and 2:

Part 55 Docket File v

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. I Hr. Altman 4 Dintribution w/encls 1 and 2 w/HOME ADDRESS DELETED:  !

JL'eberman, OE i MSartorius, 0E  :

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CEvans,'RII  :

ABoland. RII KClark, RII  :

RTrojanowski,RII RHaag -RII l CPayne, RII- .

BHichael, RII l

NRC Resident Inspector i U.S. Nuclear Regulatory Commission i Route 1 Box 64  ;

Jenkinsville, SC 29065 Distribution w/o encls w/HDMLADDRESS DELETED:

. PUBLIC- (HOLD FOR 45 DAYS EICS ACTION).

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PUBLIC (HOLD FOR 45 DAYS EICS ACTION)4 JLieberman, OE HSartorius, OE OE:EA File [ ATTN: BSummers,(2 ltrhd))

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