ML20234E275

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Forwards Constituent Dr Lighter Request for Assistance Re Termination from Plant.Info to Aid in Response to Constituent Requested.Supporting Info Encl
ML20234E275
Person / Time
Site: South Texas  
Issue date: 11/25/1987
From: Delay T
HOUSE OF REP.
To: Callahan M
NRC
Shared Package
ML20234E274 List:
References
NUDOCS 8801080004
Download: ML20234E275 (8)


Text

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u.u1AReoN Tauoma Mashington, BC 20515 November 25, 1987 Mr. Mike Callahan U.S.

Nuclear Regulatory Commission Congressional Section Mail Stop-H-1159 Washington, D.C.

20555

Dear Mr. Callahan:

Enclosed is correspondence I have received from my constituent, Mr. Daniel R.

Lighter, who has requested my assistance concerning his termination from STNP.

I think you will find the correspondence self-explanatory.

I would appreciate your checking into the matter for me and providing the information which will help me respond to my constituent.

If you have any questions regarding this matter, please contact my staff assistant, Sybil Andrus, at FTS 526-7629 or commercial number 409-849-4446.

Please address all replies to my Angleton of fice at 500 North Chenango, Suite 312, Angleton, Texas 77515.

Sincerely, s

+-

Tom Delay b

Member of Congress TD/sa Enclosures 8801000004 871229 PDR ADOCK 05000498 P

PER

Daniel R. Lighter 1

P.O. Box 1317-H

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Clute, Texas 77531 October 30,1987 NOV0a sp7 U.S. Representative Tom Delay 300 N. Chenango Suite 312 Angleton, Texas 77515

Dear Congressman Delay,

I am respectfully requesting a small amount of your time, in person, to explain my feelings about my termination from STNP. I find it very hard to express all I have to say on this matter in a letter.

As you can tell from my grievance, I am accusing the U.S. government of putting me in the position of choosing between my job and giving up my Constitutional rights as an American citizen.

I am a native Texan, served four years in the United States Marine Corps, 13 months of which I spent in Viet Nam and have an Honorable discharge as a Staff Sargent.

I have been a member in good standing of the IBEW for 13 years and am a registered voter in Brazoria County. I have payed my taxes faithfully every year I have worked.

In all the time I have worked, 26 years, I have never been fired, except at STNP on Dec. 23, 1986.

I believe, given the opportunity to explain, you will see that this not a matter of drug abuse but rather a matter of U.S. Executive abuse.

You see, despite everyone elses discouragement, I believe there is still justice in America. Hopefully, you can help me find it.

Respectfully Yours, J

Daniel R. Li hter

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., 1 DATE:

1-7-87 NAME:

Daniel Lighter:

BADGE NO.: 6-1679-FOREMAN: Dean Landers (temp.) Robert Fairchild GEN. FOREMAN: Charlie Little (temp.) Montry Luttrell SUPT.:

SHIFT:

1st AREA:

MEAB - II At approx. 8:45 a.m. on the morning of 12-23-86, my Foreman, Dean Landers came to me and told me that Bill Ritterhause wanted to see me right away.

We went over to his office and hi:; secretary told me that I was to go to the laboratory and take the l

Fitness for Duty test. Dean and I walked to the lab and.1 signed in. The man at the counter asked me to set at a table while he explaine' the forms.

I stopped him d

as he explained them and asked him if I had been turned in as suspected of taking drugs or being intoxicated.

He said N01 I then told him I was not going to sign the forms or take the test.. He took me to a lady's office (do not know her name) and she called Jim Sparks who is head of security.

Sparks asked.me if I knew the consequence of my refusing to take the test.

I told him I did. :Then he asked me why I was not taking the test.

I told him I had been a good employee for three (3) years and I have given them one (1) hour work for every hour's pay.

I have nothing to hide or to prove.

They called my Superintendent, Bill Koenning, and General Foreman, Monty Luttrell.

The lady and Jim Sparks asked me to sign a form saying I had refused the test.

I did not sign the fonn, but Koenning and Luttrell did.

I asked again in front of all of them if I was under suspicion for drugs and they ssid definitely not.

Luttrell and I went and got my tools and I was paid at the gate at 10:00 a.m.

I had to then find my own way home.

I never have been arrested or accused of taking drugs or alcohol abuse.

I am not protesting for the 12,600 men and women that have passed the test or the 400 people-that have failed, but for all the 13,000 men and women that had to withstand the in-dignity to take the test.

I believe that HL&P is testing for drugs because of pressure from our government.

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January 12, 1987 Mr. Charles Fisher Director of Construction, IBEW 1125 15th Street, N.W.

Washington, D.C.

20005

Dear Sir and Brother:

please be advised that a 1st step meeting was conducted at the South j

Texas Nuclear Project on January 8, 1986, in accordance with the grievance procedure of the Nuclbar Stabilization Agreement.

l All girevances and disputes were settled locally with the exception of the following, one grievance at Ebasco and one grievance at West-inghouse. The following 2 grievances are forwarded to the 2nd step f the grievance. procedure.

j Ebasco -

Daniel R.

Lighter badge N6-1679

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Brother Lighter was terminated on December 23, 1986 for job rule N8, i

ref using to take the drug screening test.

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History Brother Lighter has been employed for approximately 3 years for Ebasco at the Nuclear Plant. He has not been given the drug test earlier, be-cause of the date he was originally referred and employed by Ebasco at the Nuclear Plant, no test was required.

As the drug screening test was initiated, plans called for all new referrals to be screened the day they were referred to the plant.

Other employees were to be screened by random choice of a computer, whic would chose several for testing at a given time, until all employees on the site were tested.

On December, Brother Lighter was told by his-Foreman to report to the I

Unit Supervisor, Bill Ridderhause. Upon reporting, he was instructed to report to the on site labotory for his test. Upon arrival at the laborat.

he was told he would have to take the test, but he refused.

He feels that he should not have to thku the test unless he was suspectel of being under the influence of drugs, He was then terminated.

He requests back wages and fringe benefits and his record cleared and re-instatement on the job.

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FITNESS FOR DUTY PROGRAM

. EMPLOYEE CONSENT AND AUTHORIZATION FOR DRUG AND ALCOHO Employee No.

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working for Name of Employer f

do hereby give my consent for HL&P and lHC Professional Services INC. to perform ap-propriate tests and examinations on me for drugs and alcohol pursuant to protocols developed by HL&P and/or lHC Professional Services,INC. and to release the results of the tssts to my employer. I understand that if the test results indicate the presence of drugs or glcohol, I will be subject to disciplinary acilon or termination by my employer.

l I am taking the following medications:

Name of doctor issuing prescription Name of Medication (or state il purchased without a prescription)

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Federal Register / Vol. 51, No.149 / Monday, August 4,1980 / Nolices 27921 Commission Policy Stalement on abuse problems to be a social, medical, the Commission has decided to defer Fitness for Duty of Nuclear Power and safety problem affecting every implementation of the rule subject to Plant Personnel segment of our society. Civen the successfulimplementation of fitness for pervasiveness of the problem it must be duty programs by the industry as AGENCY: Nuclear Regulatory recognized that it exists to some extent described in this Policy Staternent. NRC

- Commission.

In the nuclear industry. Prudence, is publishing a separate notice in the

, ACTION: Policy statement.

therefore, requires that the Commission Federal Register withdrawing the c nsider additional appropriate proposed rule, analyzing the comments

SUMMARY

This statement presents the measums pr v de reas nable on the rule, and explaningits intent to policy of the Nuclear Regulatory a purance a a pm n w b unk massess the possible need for Commission (NRC) with respect to the influence of alcohol or any rulemakm, g after an 18-month period,if fitness for duty of nuc1 ear power plant substance legal or illegal which affects circumstances warrant. The following Q","NR ej i that person's ability to perform dutias statement sets forth the Commission's s n es t es i,

sa ely,is n all wed access to a vital policy on fitness for duty and describes responsibilities to ensure the health and area at a nuclear p wer plant.

how it will execute its responsibilities in safety oi the public.To provide The nuclear power industry, with this area to ensure the health and safety I

reasonable assurance that all nuclear assistance from programs developed of the public.

power plant personnel with access to and coordinated by eel and the Institute

-M wits! creas at cparatin;; plants are f!! for of Nuclear Puner Operations (INFO),

Policy Statemant duty, licensees and applicants are has made and is continuing to make The Commission recognizes that the I

developing and implementing fitness for substantial progress in this area.

Industry, through the initiatives of the duty programs using guidance of the l

Edison Electric Institute's (eel's) " eel Ilackground Nuclear Utility Management and Cuide to Effective Drug and Alcohol /

A Task Force on Drug Abuse and INPO, has made progress in 3

Fitness for Duty Policy Development." !!

Problems Policies, and Programs devel pmg and implementing nuclear remains the continuing responsibility of established in 1982 by eel's Industrial I**

the NRC to independently evaluate Relations Division Executive Advisory p grams. The Commission stresses the i

applicant development and licensee Committee, published guidelines in 1983 I

  • P * "" I I"d"'Y
  • I"III'II 8 implementation of fitness for duty to help the industry address the issue of wisks to furtk exourage such se"d programs to ensure that desired results how to establish comprehensive fitness are schieved. Nothing in this Policy for duty programs.They were.

hnpmpinent 5

Subject to the continued success of Statement limits NRC's authority or subsequently revised in 1985 as the " eel Industry's initiatives in implementing responsibility to follow up on Cuide to Effective Drug and Alcohol /

Otness for duty programs and NRC s l

operational events or its enforcement Fitness for Duty Policy Development" ability to monitor the effectiveness of suthority when regulatory requirements and were provided to all nuclear those programs, the Commission will utilities.

are not met. However, while evaluating ~

A series of EE! sponsored regional refrain from new rulememgonlincsa.

the effectiveness of this guidance, the NRC intends to exercise discretion in '

conferences in the fitness for duty area for duty of nuclear power plant,,_,

in 1982 and 1983 provided a forum for persormel for a minimum bf % monlh,L enforcement matters related to fitness-discussion ofindustry concerns related Statement.The Commission,a Pdhcy,

from the effective date of thi c

for duty programs for nuclear power a decision plant personnel and refrain from new to development and implementation of to dcier implementation of rutemaking in fitness for duty programs. Topics rulemaking in this area for a period of at~ addressed at the conferences includedthis area is in recognition of industry i

lesst 18 months from the effective date efforts to date and the intent of the of this Policy Statement.The union participation, legal aspects, Commission Invites interested members training, and methods for handling industry to utilize the EE! Culdelines in 0

of the public to provide comments on controlled substances. An industrywide developing fitness for duty programs.

The Commission will exercise this

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this policy statement.

conference sponsored by eel in October 1:35 providcd tha basia im additionel deference ep !ons at the industrj d

DATES: Effective Date: AuEust 4,1980' discussions on fitness for duty based on programs produce the desired results.

Submit comments by November 3,1986.

the current EE! guidelines which had flowever, the Commission continues to l

ADDRESSES: Comments should be sent been expanded to include information be responsible for evaluating licensee's to: Secretary of the Commission, U.S.

on chemical testing. As a result of efforts in the fitness for duty area to j

Nuclear Regulatory Comimssion, increased awareness in this area, the verify effectiveness of the industry l

Washington, DC 20555, A'ITN:

nuclear industry has worked to develop pmgrams.The Commission will reassess l

Docketing and Service Branch. lf and and implement improved fitness for duty the possible need for further NRC action deliver comments to: Room 1121.171711 programs. These programs concentrate based on the success of those programs Street NW., Washington, DC between on the training of managers, supervisors, during the 18-month period.

l

,lL15 a.m. and 5:00 p.m.

and others in methods for identifying At the Commission's request, the FOR FURTHER INFORM ATION CONTACT:

and dealing with personnel potentially industry agreed to undertake a review of leren Bush, Operating Reactor Programs unfit for duty, the program elements and acceptance Branch, Office of Inspection and On August 5,1982, the Commission criteria for a fitness for duty program.

Enforcement, U.S. Nuclear Regulatory published in the Federal Register a EEI modified and issued the revised i

g Commission. Washington, DC 20555 /

proposed rule on fitness for duty (47 FR

" eel Guideline to Effective Drug and l

l Qelephone (301) 492-8080.

33980). The proposed rule would have Alcohol / Fitness for Duty Policy SOMEMENT ARY INFORM ATION:

required licensees to establish and Development." Further. INPO enhanced 1

implement written procedures for its performance objectives and criteria mduction ensuring that personnelin a nuclear for its periodic evaluations to include i

The Nuclear Regulatory Commission power plant are fit for duty. Due to the appropriate criteria for fitness for duty.

j (NRC) recognizes drug and kicohol initiatives taken by the nuclear industry, Copies of the documents describing the i

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1 27922 Federal Registor ] Vol. 51, No.149 / Monday, August 4,19a0 / Notices j

k program elements and criteria for fitness enforcement l-l;l for duty programs developed by the are several reasons why I believe that industry are provided to NRC for review Violations of any applicable reporting this would be a better approach.

l, and comment.

requirement or instances of a person The most important reason for my

,l The NRC will evaluate the being unfit for duty such tha t plant preference for a rule and specific

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cliectiveness of utihty fitness for duty safety is potentially affected will be guidelines is that a rule is enforceable l,

programs by its normal review of subject to the enforcernent process. Any while a policy statement is not With a

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industry activities. through reviews of NRC staff enforcement action perialning rule the Commission would have a clea.r 3

INPO prograrn status and evabation to fitness for duty of nuclear power basis for enforcement action in all cases j,

reports. periodic NitC observation of the plant personnel during the 18-month in which a utility fails to establish and qj conduct of INIO evaluations, and direct grace period will be undertaken only maintain an effective finess for duty inspections conducted by the NRC's with Commission concurrence.

program.The NRC has broad authority Performance Appraisal Teams. Regional In addition to required reports and under the Atomic Energy Act to take Offiw. and Resident inspectors. NHC inspections,information requests under enforcement action by issuing an order mil also monitor the progress of to CFR $0.54(f) may be made and

'should there be an immediate threat to individual licensee prunrams-enforcement meetings held to ensure public health and safety. The Dy way of further gunfance to understanding of corrective actions.

Commission would also be able to take Ikensees. Commission expectations of Orders may be issued where necessary enforcement action ifit could tie a liynsee programs for fitness for duty of to achieve corrective actions on matters specific safety problem to a lapse in the n alear power plant personnel may be affecting plant safety.

hcensee's filmes for duty program.

summarized as follows:

in brief, the NRC's decision to use liowever, the Commission is unlikely to

  • It is Commission policy that the sale.

discretion m er. force.c.ent to iecogmze be able io do so. For example.11 a use. or possession of alcoholic industry initiatives in no way char.ges maintenance worker makes a mistaka in the NRC's ability to issue orders. call assembling safety equipment because he beverages orillegal drugs within enforcement meetings, or suspend is under the inDuence of drugs or alcohol protected areas at nuclear plant sites licenses should a significant safety and equipment la ter malfunctions. it is is unacceptable, problem be found.

unlikely that the true cause of the

  • It is Commission policy that persons Nothing in this Policy Statement shall mistake would be discovered. In fact, within protected areas at nuclear limit the authority of the NRC to conduct the problem would most likely be power plant sites shall not be under inspections as deemed necessary or to attributed to some defect in the worker's the influence of any substance, legal take appropriate enforcerneut action training. Further, waiting until a specific or illegal, which adversely affects when regulatory requirements are not safety problem surfaces or an immediate their ability to perform their duties in met threat occurs and then trying to correct any way related to safety.

The separste views of Cmcmissioner the fitness for duty program after the

fact is not the best way to ensure that program should at a minimum include This Policy statement is a step in the licensees have effective fitness for duty the following essential elements:

right direction. lluman error is a programs. nus, our general (1) A provision that the sale, use,or dominant factor in the risk associated enforcement authority does not provide possession ofillegal drugs within the with the operation of nuclear power us with enough flexibility to deal with protected area will result in plants. As adequate fitness for duty au potential fitness for duty problems in immediate revocation of access to program is cuential to reduce the a timely manner. Absent a specific vital areas and discharge from nuclear r: hance that human error will be caused event. it would not allow us to do much power plant activities. The use of by utility personnel performing safety.

of anythingif a licensee simply has not alcohol or abuse of legal drugs within related work in a drug or alcohol the protected area will result in impaired state. %is policy staternents developed or Implemented an adequate program. This policy statement im. mediate revocation of access to puts the Cornmission on record as represents a continuation of the reactive vitaI areas and possible discharge endorsmg the concept of a drug and approach to regulation which has so from nuclear power plant activities, alcohol free workplace at plant sites, often failed in the past.

(2) A provision that any other sale.

and that is useful The statement also A second reason for my preference for possession, or use of iAlegal, drugs wdl gives some guidance on what the a rule with reinimum gddelims is that result in immerliate revocabun of f%eimles!cn c8 ects of licensee fitness the policy statement is too amorphous.

access to vital areas, mandatory for duty programs. However. I believe Even the " specific" guidance the rehabilitation prior to reinstatement of that the Commission chould have gone Commission does provide is fairly necess, and possible discharge from

further, vague.The policy statement provides nuclear power plant achvities.

Instead of merely insuing a policy little insight into what the Commission pl Effechve monitoring and testing statement, the Commission should have considers to be an adequate fitness for procedures to provide reasonable promulgated a rule. The rule should he a duty program or what standard the staff assurance that nuclear power plant relatively simple, nonprescriptive rule is supposed to use as it monitors the personnel with access to vital areas which would do two things. First, it progress of the industry over the next are fit for duty-would prohibit anyone who is unfit for eighteen months, The industry, by periodic briefings or duty from being permitted access to The Commission should work together vital areas of plar.ts. Secortd. It would with the industry to identify the other appropriate methods. is experled require licensees to have a program and essential elements of an adequate to keep the Cornmission infonned on procedures in ensure that no one who is program status. The NRC may also fror-i unfit for duty gains access to vital areas.

fitness for duty program. While the time to time ask individuallicenwes to provide such information as the The Corumission should then work with pobey statement commenta favorably Commission may need to assens she industry to develop guidance on upon the EEI guidelines developed by l

program adequacy, what are the enential elements of an the industry, those guidelines are l

optional, not mandatory. The utilities adequate fitneas for duty program. There can. therefore, pick and choose among

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Federal Register / Vol. 51, No.149 / Monday, August 4,1980 / Notices 27923 the various elements and decide For the Nuclear Regulatory Commission.

Description of Respondents:These whether to include them in their Lando W. zach. Jr.,

forma describe the rights and programs. Moreover, the eel guidelines C6airmon.

responsibilities of the SUA, a lender.

themselves are quite general in nature, PR Doc. 80-17497 filed th1-41n: 8 45 am) and the investor when the guaranteed and are subject to varying s w mo cope 7,eo..u portion of a loan is sold.

Interpretations. Absent further guidance Annual Responses: 3.200 on what is an acceptable fitness for duty - - - - -

-- -- Annual Durden flours: 12,000 program, the utilities can and probably SMALL BUSINESS ADMINISTRATION Type of Request: Extension will cdopt widely differing approaches

Title:

Profile of Score / ACE Volunteer on such elements as chemical testing Agency information Collection with International trade experience and offsite drug use. Not all approaches Activities Form no. SUA 1202 are likely to be acceptable.The Frequency: On occasion Commission should not wait until18 AcnoN: Notice of reportm.g

. months from now, when all the utilities requirements submitted for review.

Description of Respondents:Information is collected by SCORE / ACE chapters are supposed to have their programs in suuuAny: Under the provisions of the when new members join the place, to let the industry know whether Paperwork Reduction Act (44 U.S.C.

organization,if they have the Commission agrees with what they Chapter 35), agencies are required to international trade experience.

have done. The Commission and the submit proposed reporting and Annual Responses: 500 industry ought to decide now which recordkeeping requirements to OMB for Annual Burden Hours: 34 claments are absolutely.:ss:.ntial to an resiew cnd appnevul, and to publish a Type of Request: Extension adequate program, and then everyone notice in the Federal Register notifying

Title:

Financial assistance request to will be working from a common base of the public that the agency has made participate in International Trade understanding, such a submission.

Exhibition or mission The Commission and the industry DATE: Comments should be submitted Form no. SBA 1309 should also establish the specific criteria within 21 days of this publication in the Frequency: On occasion suainst which individual licensee Federal Register. If you intend to Description of Respondents: The programs will be evaluated so that the comment but cannot prepare comments information requested is necessary for ground rules for evaluating programs promptly, please advise the OMB SDA to evaluate a firm's eligibility to and for monitoring progress will be in Reviewer and the Agency Clearance receive a grant or financial assistance place before the 18 month monitoring Officer before the deadline.

to participate in an international trade period begins. Absent such guidelines,it Copics: Copies of forms, request for exhibition or mission.

is difficult to see how INPO and NRC clearunce (S.F. 83s), supporting Annual Responses: 100 staff reviews of these programs will statements, instructions, and other Annual Durden flours:175 provide any meaningfulinsights as to documents submitted to OMB for review Type of Request: Extension i

their ade9uacY' may be obtamed from the Agency

Title:

Client Export File Clearance Officer. Submit comments to Thus, to ensure enforceability, to set the Agency Clearance Officer and the Form no. SDA 1174 the ground rules in advance and to Frequenc#: On occasion OMB Reviewer

  • ensure that all utilities meet at least a Description of Respondents:*lhls MNR
  • AMN MNTA minimurs set of standards, I believe the inf rmation is nycessary in order to Commission should issued a rule and Agency Clearance Officer: Richard identify the firm e needs and is used hould blish vizachero Small Business to create a program of export Administration,1441 L Street, NW.,

development for the small business ooperst n with e ndust, on iust exactly what are the essential elements Room 200, Washington, DC 20416, requesting counseling in international of a fitness for duty program.

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Annual" Responses: 5,000

'the additional views of the OMB Reviewer: Patricia Aronsson Commission follow:

Office ofInformation and Regulatory Annual Durden flours: 850 Affairs. Office of Management and Type of Request: Extension The Commission rloes not share we, ge, gxec,,tive Office

Title:

Personal Financial Statement Commissioner Asselstine's great Building, Washington, DC 20503, form no. SBA 413 concern about the legally non binding Telephone: (202) 395-7231 Frequency: On occasion character of the policy statement per se.

'lhe Commission's hands are not tied if

Title:

Executive Qualifications Description of Respondents: This Questionnaire information is used to assist the it finds inadequate compliance with Erequency: On occasion Agency in determining the financial

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straight-forward and explicit pohcy Description of Respondents: This strength of an individual for a loan or guidelines.The Atomic Energy Act information is requested from loan guaranteed by SBA.

confers broad authority for the applicants for SES positions to assist Annual Responses: 70,500

'6 Commission to take prompt enforcement in evaluating qualifications for a Annual Durden flours: 70,500 action should any licensee facility,in vacancy.

Type of Request: Revision the Commission's judgment, not be Annual Responses: 400

Title:

Inquiry Record

[

operated in a manner that protects the Annual Burden flours: 400 Form no. SDA 149 S

public health and safety. A policy Type of Request: Extension Frequency: On occasion 4

statement, at this juncture. offers the quickest means to achieve the end we

Title:

Secondary Participation Guaranty Description of Respondents:This 4

and Certification Agreement and information is required at the time of h

sIl desire.

Request for Certification interview so that the applicant can 4

Dated at Washington, DC, this 30th day of form nos. SDA 1085,1000 communicate the loan needs to j

' july 1980.

Frequency: On occasion agency, and to determine the size and

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