ML20206F152

Responds to Order Suspending Operator License 6010-2 & Denying Application for Renewal of Subj License

ML20206F152
Person / Time
Site:	San Onofre, 05508347
Issue date:	07/01/1988
From:	Acosta M SOUTHERN CALIFORNIA EDISON CO.
To:	NRC
Shared Package
ML20206F118	List: ML20206F112 ML20206F125 ML20206F152 ML20206F158 ML20206F161 ML20206F168 ML20206F170
References
FOIA-88-490 TAC-68699, TAC-68700, NUDOCS 8811180365
Download: ML20206F152 (7)

Text

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Docket No. 55-08347 License No. 6010 2 Director Office of Enforcement U.S.

Nuclear Regulatory Comnission Wabhington D.C.

20555

Dear Sir:

l This letter is my written answer to show cause why 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 alert creates an undue risk to the public health and safety".

In the meetings I've had with Southern California Edison (SCE) representatives I've beer. told neither my knowledge level to perform 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 union representative present at the meetings.

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 I

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 l

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 stated, "The commission's policy Statement en Fitness for Duty (51FR27921; August 4, 1986) provides that all nuclear power plant utilities should establish programs to i

provide reasonable assurance that all nuclear power plant G

perronnel with access to vital areas at operating plants are fit I

for duty."

Drug screen testing is not the only program SCE has l

to provide reasonable assurance that personnel are fit for duty.

l It is but just a part of an on-going program. The other part of i

the program is the training of supervisory and management

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personnel in the detection of personnel displaying aberrant i

behavior caused not only by the use of illegal substances, but by l

fatigue, emotional imhalances, etc.

Again, I mention that SCE 1

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i management has stated, with union representation present, that my test failures did not imply I was ever determined to be unfit for duty or that I

have ever demonstrated impaired skills while l

l performing my duties.

I have also enclosed statements from personnel at SONGS (copics 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 l

l statements are a true indication ot' how seriously I take my legal j

and moral responsibilities and will prove how the test results 7

are a false indication of my character.

4 i

j Your order also

stated, "while the tests themselves do not necessarily establish that the licensee was incapacitated at the i

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time the samples were taken, the NRC does not have the necessary reasonable assurance that the licensee will carry out his duties t

l in the future with sufficient alertness and ability to safely l

operate SONGS..."

Considering the fact that not only did my work f

j performance appraisal improve during the time I failed the two l

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 i

actually improved my alertness and ability to safely operate I

SONGS.

I have never gone to work incapacitated, and if I had, I would have been detected by supervisory personnel who have been f

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trained to prevent such occurrences.

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I have been associated with the nuclear power field for over j

sixteen years; over eight years in'the U.S. Navy, and over eight i

years with SONGS.

I was honorably discharged from the Navy with Good Conduct - Second Citation, and have built a reputation at SONGS as being one of the beat reactor operators.

The history of my performance, and the documentation of that performance should l

be adequate to give the commission necessary reasonable assurance l

that I am willing and capable of performing my duties at these

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same high standards.

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t You also

stated, In addition, because the licensee has failed c

to demonstrate that he is capable of continuing to competently

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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 aver performed my duties at other j

than the highest level of professionalism.

I ask that you study 4

l the enclosed documents. I am confident that after you do, you i

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

and that the reactors placed under my control were operated under I

the highest standards, j

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4 If Uhat I have presented to you is insufficient to provido you with enough necessary reasonable assurance to rescind your

orderc, then I

request a

hearing to be co.iducted.

Your con-sideration in this matter is appreciated.

Thankyou, W&tx.08%

Maurice P.

Acosta Jr.

Enclosures:

as stated cc: w/encls:

Assistant General Counsel for Enforcement Regional Administrator, NRC Region V 9

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Commenti-

_Mr. Acosta's atte.) dance record is exemplary.

He ls punctual and reliable.

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OVERALL Oversti Performance g

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Improvement Needed 1

Mr. Acosta is one of the rnost senior control Operators.

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_his near errorless _perfomance.

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APPRAISAt. OF WORK PERFORMANCE

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on the assigned Unit.

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's comuswis Phil is very conscientious regarding equipment control and plant i

operating procedures raviewing them as necessary to keep himself up to date. He 11 I.

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1 $EEEsE'ity Responsible for diligent attention to detail in monitoring plant status.

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His interftte_ _with other orc.anisations is very cood.

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this supervision well infonned of plant status.

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PERFERMANCE ACOSTAe NAURICE P.heb J

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OVERALL Ovsrall Performance g

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Improvement Needed lf Mr. Acosta is an outspoken individual who perfonts his work activities in 1

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The quantity and quality of Mr. Acosta's n!

work is excellent and has contributed greatly to bringing and maintsining. units

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Mr. Acosta tends to get discouraged by limitations on job advancement.

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based on his experience and his reputation as a good Operator. I view and l

4 recomend him as a candidate for future SRO licensing class.

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In general. Hr. Acosta is very meticulous on all paperwork and pays EXCEU.ENT._,

attention to detail.

He also keeps the Control Room Supr. well infomed on planj F *1#268 aan 1 ai onmany

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