ML20217B671
| ML20217B671 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 09/25/1997 |
| From: | Mccoy C SOUTHERN NUCLEAR OPERATING CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| 50-424-97-03, 50-424-97-3, 50-425-97-03, 50-425-97-3, EA-97-208, NUDOCS 9709300109 | |
| Download: ML20217B671 (4) | |
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C. K. McCoy Southern Nuclear Vice President Operating Company,Inc.
Vogtle Project 40 inverness Center Parkway P0. Box 1295 Birmingham. Alabarna 35201 Tel 205 992.7122 Fax 205992 0403 September 25, 1997 Docket No.
50-424 SOUTHERN h 50-425 COMPANY Energy toServe YourTrorld' U. S. Nuclear Regulatory Commission ATTN: Document Control Desk LCV-1009-J Washington, D. C. 20555 Ladies and Gentlemen:
VOGTLE ELECTRIC GENERATING PLANT SUPPLEMENTAL REPLY TO A NOTICE OF VIOLATION Pursuant to 10 CFR 2.201, Southern Nuclear Operating Company (SNC) hereby submits the enclosed supplemental response to a Notice of Violation (NOV) for Vogtle Electric Generating Plant (VEGP) Enforcement Action EA 97-208, identified in Nuclear Regulatory Commission (NRC) Inspection Report Nos. 50-424;425 / 97-03. Southern Nuclear Operating Company previously responded to this NOV with SNC letter LCV-1009-D, dated July 25,1997.
In NRC letter dated August 27,1997, the NRC communicated their posistion associated with SNC's original response. The NRC found that Violation A met the requirements of 10 CFR 2.201, however did not agree wit *, NC's denial of violation B. The NRC continues to consider that Violation B occurred as stated and requests that SNC provide a supplemental response.
Should you have any questions feel free to contact this office.
Sincerel,
d#r"7 nx C. K. McCoy CKM/afs p\\
Enclosure:
Supplemental Reply to NOV, EA 97-208 (02014) j cc: Southern Nuclear Operating Comoany Mr. J. B. Beasley, Jr.
Mr. M. Sheibani NORMS U. S. Nuclear Regulatory Commission Mr. L A. Reyes, Regional Administrator Mr. L. L. Wheeler, Senior Project Manager, NRR NRC Senior Resident Inspector, Vogtle lh!$!!$lbll$ljlll]lll0llll t
9709300109 970925 PDR ADOCK 05000424 G
ENCLOSURE VOGTL.E ELECTRIC GENERATING PLANT - UNITS 1 & 2 REPLY TO A NOTICE OF VIOLATION NRC INSPECTION REPORTS 50-424: 425/97-03 (EA 97-208)
Violation B. (EA 97-209-020)4)
The following is a transcription of violation B as cited in the Notice of Violation (NOV):
During an NRC inspection conducted on March 3-7,1997, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, [ violation B is] listed below:
B.
"10 CFR 26.29 (b) specifically states, in part, that the Feensee shall not disclose personal information collected and maintained to persons other than assigned
[ Medical Review Oflicers] MROs, other licensees, or their authorized representatives legitimately seeking the information as required by this part for unescorted access decisions.
Contrary to the abeve, 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 representative 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 97-208-02014)
Admission or Denial of the Violation:
Southern Nuclear denies that a violation of regulatory requirements occurred as stated in Violation B.
Reason for Denial:
SNC considers the union representative to be the representative of the employee for the purpose of 10 CFR 26.29(b). As a matter of federal law, the union is the representative of employees for the purpose of collective bargaining and adjustment of grievances. Moreover, in the instant case, it is clear that the union representatives were acting in that role. If the NRC has any doubt as to the legal authority of the union under the National Labor Relations Act to represent employees for the purpose cf discussing pay and disciplinary issues, or the union's right to request information to determine whether to file a grievance on behalf of an employee, Southern Nuclear encourages the NRC to discuss these issues with the General Counsel of the National Labor Relations Board, in Washington, D. C.
f ENCLOSURE YOGTLE ELECTRIC GENERATING PLANT - UNITS 1 & 2 REPLY TO A NOTICE OF VIOLATION NRC INSPECTION REPORTS 50-424: 425/97-03 (EA 97-208)
The NRC's response to SNC's initial denial of this violation states that the individual associated with this particular case denied that he expected or asked the union representative to act as his personal representative with respect to obtaining drug test results. During the relevant conversations the union engaged the Southern Nuclear labor relations representative (more appropriately referred to as the Employee Relations staff) with respect to the employee's conditions of employment and, generally, fitness for duty. Southern Nuclear maintains that a union representative is authorized to act on behalf of any employee covered by a collective bargaining agreement in dealing with the employer with respect to hours, wages or working conditions. Consequently, the employee's statements that he did not ask or expect the union representative to act on his behalf with respect to " obtaining drug test results" may be accurate, but disregards the actual scope of representation and authority. Additionally, the union has continued to represent the employee in subsequeat grievances regarding the case and will also previde representation during an upcoming arbitration. Southern Nuclear has an affirmative obligation under the provisions of the National Labor Relations Act to negotiate in good faith. In the area of fitness for duty, most of the cases will involve confirmed positive drug screens, summary information from the SNC hiedical Director regarding the employee's fitness for duty and summary information from the SNC Medical Director regarding employee complhnee with the rehabilitation conditions stipulated (if any) 1outhern Nuclear believes that it is obligated to reveal the information referenced above to authorized representatives of employees who are covered under the provisions of a collective bargaining agreement. This information directly relates to management decisions regarding employee's ability to work [see 10 CFR 26.27 (b)].
However, Southem Nuclear does acknowledge that the specific discussion in question on December 30,1996 should not have included the information that was both erroneous and contained details of rehabilitation which normally are not communicated outside of the FFD staff, Employee Assistance Program ("EAP") and the SNC Medical Directcr / designee. Accordingly, SNC management has advised the FFD staff to ensure that personal information associated with EAP treatment but not related to the en;playee's fitness for duty will not be released to Employee Relations staff. In addition, Employee Relations staff has been advised that the communication of this type of detailed information is inappropriate except in the context of formal arbitration.
With respect to disclosure of personal information to Employee Relations staff, these employees frequently assist senior management in assuring that discipline or other aspects of employment are properly analyzed. For example, these employees may be requested to advise senior management relative to the uniformity ar.d consistency of a proposed action with prior, comparable matters. In performance of these dutes, Employee Relations employees must have access to certain information regarding the nature of the violation in question. With respect to Fitness for Duty issues, SNC believes that the following information must be available to this staff: confirmed positive results; summary opinions from the SNC Medical Director or his designee regarding an employee's fitness for duty; and summary information from the SNC Medical Director regarding employee compliance with the rehabilitation conditions stipulated (if any). This information does not contain personal details associated with treatment but rather is an overall summary provided i
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ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT-UNITS 1 & 2 REPLY TO A NOTICE OF VIOLATION NRC INSPECTION REPORTS 50-424: 425/97-03 (EA 97-208) by the Southern Nuclear Medical Di ector to Senior SNC Management and to Employee Relations. The Employee Relations staff will advise management relative to disciplinary matters and return to work conditions. The communication of this information as indicated is necessary to comply with the requirement of 10 CFR 26.27(b) that " Satisfactory management and medical
- assurance of the individual's fitness to adequately perform activities within the scope of this Part must be obtained before permitting the individual to return to these activities." Such communication to and through Employee Relations staffis necessary for management to confirm the required medical assurance from the Medical Director, and to develop the required management assurance for a return to covered activities. We understand the NRC to expect such management and medical assurance prior to return to covered activities, and view this role for
..5 Employee Relations staff as permissible.
Date When Full Compliance Will Be Achieved _;,
We believe SNC to be in full compliance with the requirements of the Fitness for Duty rule. If the NRC continues to believe that requirements of 10 CFR Part 26 override certain aspects of Labor Relations laws, then SNC would propose that a meeting be arrangeo, to include representatives of the National Labor Relations Board, the NRC and SNC.
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