ML20248A502
| ML20248A502 | |
| Person / Time | |
|---|---|
| Site: | 05508347 |
| Issue date: | 05/24/1989 |
| From: | NRC |
| To: | |
| References | |
| CON-#289-8698 EA-88-164, S-001, S-1, NUDOCS 8906080142 | |
| Download: ML20248A502 (3) | |
Text
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Ss:o23+7 s y rc9 N u 5~1hw ExH/
Fidir:1 Registir / Vol 3. N .124 / Tuesday, June 28, 1988 / Notices 24383 .
nida and to satisfy its domestic offsite, and there is ne significant d at the Local Public Document Room. -
(:L'..
3 guards responsibilities.
of the submittal may be .
Incre ese in the allowable individual or cumulative occupational radiation casset Ubrary, High Street, P.O.
36 , 'iscasset. Maine 04578.
! f.h. , .te r obtained for a fee from the - exposure. Accordingly,Se Commissi -
Dat Rockville.Iglart
- sj$nd $ - 27 NRC Pubb ocument Room,1717 H concludes that this proposed action day of jun 988.
. Street NW., 'ashington, DC 20555. would result in no significant For N Nu rR ' ' .ory Commission.
Comments nd questions should be radiological environmentalimpa R M p eu directed to th With regard to potential non- p.
MB reviewer.Vartkes Dircer, Profer . rec. tel-J. Division of i
" L Broussalian. 12)395-3084. radiologicalimpacts, the propo d f TheNRCClea ce Officer is Brenda change to the TS involves syst s ' # * '#'
!##' @"d" ' "- !
Ic Shelton,(301) 4 -8132. located within the restricted eaas .so f45 iled 6-27-88, am]
Dated at Bethesda, ryland, this 21st day defined in 10 CFR Part 20. It oes not 8 C00E I"**
P aflune1988. ~ ~
affect non-radiological pla effluents
'.. For the Nuclear Regul ry Commission.. and has no other env' ntal impact. -
Therefore, the CommiseI concludes *
.,T!!!!iam G. McDonajd, . f Ucense No. 60 f 0-2, Docket No. 55-08347, .
L * *'" 8 "'**** .EA86 4 y ,'-
>. Director. OfficeofAdminis tibn and radiologicalvironm en."* *I "III ,tal impacts.- e
. f Jtesources Management.. ; ,, ,, . . .
asso'ciated with the p posed. .
Order Suspending Ucense (Effective .
1 {PR Doc. 88-14525 Filed 6-27 8.45 arn) amendment. .
immediately)and Denialof Application sate,a co. ag sino w ,
- . . The Notice of Co ideration of
- For Flenewal of Ucense; Maurice P. . ~.
~-
- Issuance of Amen ent and ' Acosta, Jr.
{IDock'et g- No.50-30s)
- Opportunity for i mring in connection ;
~ .' '< .
with this action as published in the I- .
34l~iaine Yankee Atomic Power - -
Federal Regist on April 29,1988 (53 Ilt Environmental Assessment and
- Mr. Maurice P. Acos'ta. Jr. (Ucensee) 15479). No re est for hearing or petition is the holder of Operator Ucense No.
Finding cf No Significant impact for leave to .ervene was filed
, 6010-2 (Ucense) issued by the !Qclear O The*U.S.NuclearRegulstory following Reguleto<y Commission (NRC/
notice: s
- ,-Commission (the Commission)is Alternati to the PmposedAction Commission) or July 1,1986. He is
'ecnsidering' issuance of an amendment empi jed by the Southern California
. to Facility Operating Ucense No. DpR- Since e Commission concluded that Edison Company (SCE) and is there a no significant environmental authorized to manipuiste the controle of *
' .36 issued to Main Yankee Atomic Power .ffect
'!. Cc-nany,(the licensee), for operation of at would result from the the reactors at San Onofre Nuclese p ed action, any alternatives with Generating Station, Units 2 and T in Ya'nkee Atomic Power Station.- r greater environmentalimpacts 7' .in uncoln County, Maine. . (SONGS). The Ucense'was originally I- '
~
adental Assessment tive would be t.o . issued on JulyThe1.1982 Ucense and Issttu renewed r -
p p al
- - ~ .
n July 1,1988. .ta due d d
, Identification ofPmposedAction juld uce envi nmen 1 expire on July 1,1988. An apphcation to.
, .: The proposed amendmentwould- renew the Ucense was dated on May 12, impacts plant operation and would 19A8 and is pending before the NRC.
'. revise the provisions in the Technical result in uced operational flexibility.
Specification (TS) relating to the fuel .
gg *
, cnrichment limit of the teactor core. Alternative 'seofResources '
The proposed action is in accorda e On March 6,1986. May 12,1986 and *
.. This action 'oes notinvolve the use of.
. with the licensee's application for
' ~
any resources t previously considered - May 28,1988, the Ucensee failed 1 cmendment dated March 24,1981L in the Final Env nmental Statement for urinalysis screening tests conducted by e tomic Power Station E., esting po ti ar unna The T5e NeedforthePmposedActi aj e, y, d e The prcposed change to the ' is tests were subsequently reported to SCE required it. order to provide f the Agencies andPerso Consulted on March 10.1980 May 15,1986, and change of maximum nomin enrichment The NRC staff revie ed the licenree's June 2.1988, respectively. After each of
,- e.f the fuel allowed to be u d in the . request and did not co it other these confirmations, the Ucensee was ,
reactor core for operati ycle 11 and agencies or persons. counseled by SCE to emphasize that
' beyond. Main Yankee i urrently in access authorization is contingent on
' Cyc!e to operation. Findings of No Significant npact . abstinence from the use of illegal drugs.
- ~ ~ " ~ ^
' The Conynission has det ined not . As a result of these positive test results. .
. Erwironmentblimpo- of the Proposed SCE has administratively suspended to prepare an environmental pact statement for the proposed he se Ucensee's protected ania access in *i
, e,.The Commissie as completed its , amendment. -
> accorda-ce with SCE's procedures.
A evaluation of reposed revision to- Based upon the foregoing
- the Technical e cifications.The * ' .
- environmental assessment, we c cl'ude ggy' proposed revi en would allow the that the proposed action will not ye a. The responsibilities associated with a licensee to e age the fuel enrichment significant effect on the quality of e reactor operator license issued pursuant'
- specificati from a maximum nominal humen environment. . to 10 CFR Part 55 are significant with weight p ent of 3.5 U-23510 3.7 weight for further details with respect to is resptet to the protection of the public percent -235.Therefore, the proposed r.ction. see the application for - health and, safety.The execution of oes not increase the probability amendment dated March 24.1988 wh h these responsibilities requires sound
,equences of accidents,no is available for public inspection at th judgment and may at times require a
. s are being made in the types of Commission's Public Document Room. ~ licensed operator to react quickly to an filuents that may be released 1717 H Street NW., Washington, DC. - assure that the reactor is properly 8906080142 890524 '
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I Notices Ftd:r:1 Rigtst:r / Vol. 53. No.124 /, Tuesday, June.38,1988 /
I24384 -
cperate SONGS and observe all en which the LWe e The <
Ucensee may enswer thisOnter.as '
cperated or to mitigate the consequ:nc2 applicable requirements including provided in 30 CFR 2.22(d), by 'dfied in of cbnormaloperstion. Failureobligations of imposed by SCE's policies aticensed operator to be fit for duty consenting to the and previs'ons spe 7 alert creates an undue risk to the public and procedures,as ws!! as the NRC's Section V above.Upon oomsent of the requirements.For these rpasons.if at the Licensee to the proviolons set forma '
sealth and safety. time the Ucense was issued.the NRC Section V of this Order,or span the a." "
Th7 character of the indMdual, had known of the ucensee's inability or ine.luding the individuals exercise of unwillingness to refrain from the use of Ucensee's failure to Ble an answer r - f~
within the spedfied time.the provisions ' ^
sound judgment, is a consideration in issuing an operator license.See section illegal drugs,the Ucense would not have specified in Section V above shall be ~
beenissued.Section186of the Atomic final without further Order and'9~
182a ef the Atomic Energy Act of1954, Energy Act of 1954, as arnended,and to the co cnended in determining whether or . CFR sib 1(b) provide that a license inay Ucense shallbe terminated. '
i not an Individual. seeking a license to be be revoked for any reason for which aVII a rezetor operator has the necessary license would not be issued upon an Pursuant to to CFR2.103(b) and E character, including sound judgment, the original application.The past . 2.202(b), .
the Ucensee or any other !
Commission may take into account a performance of theUcenseein history ofillegal drug use by the person adversely affectedby this Order contravention of SCE's drug program is may request a hearing within 20 days of i -
cpplicant. Prior to May 26.1967, each a relevant consideration in denial of athis Dider. Any answer to this Order or cpplicant for e license to be a reacter renewal application under 20 Cm request for hearing shallbe submitted to operator was required to certify that hel55.57(b)(4).
she had no drug or narcotic habit on the Consequently.1have deturnmed inat
- the Director. Office of Enforceme Nuclear Regulatory Coaunission.
Certificate of Medical History.NRC permitting this Uceases to conduct Form 396. Since May 1987, the NRC has Washington DC 20555. Copies also shat! ' ' .
licensed actidtles would be inimical be to sent to the Assistant General required an evaluation of the applicant the public health and safety, and .
prepared by a licensed medical Counsel for Enforcement. Office N'# of the '
therefore the Ucense should be GeneralCounsel.at the sime address I practitioner as part of a license suspended.I have also determined.
application. See to CFR 55.23(a). This pursuant to to CFF. 2.201(c) and 2.202El- and to the Regional Administrator.NRC .%
Region V. 2450 Maria Ma Suite 210. -
cvciuntion is presented on a Certificate that the public health and safety PW cf MedicalExamination, NRC Form 390 requires that this action be iminediately Walnut Creek California M506.R a person otha than she Ucen- requesta See10 CFR 5123. AmonB the factors toeffective. In addition, because the a hearing, that person shall set forth be considered by the certifying Licensee has failed 60 demonstratewith that particularity the mannar in which .T )
r physician are factors such as continued he is capable of cootinuin;to use of illegal drugs or abuse of alcohol. competently and safely assume hoenae the petitioner's notarast is advarsely.. Jifi ;
See Form 396; also ANSI /ANS 14-1983, affected by this Order and should "
duties.1D CFR 55.57(b){2)(i) or thataddress his the criteria set forth in to CFR Section 5.2.2. part performance has been satisfactory, The Commission's Policy Statement 10 CFR 15.57(b). in light of M drug test 2.714(d). An AnswerTenisOrderOr ' '
A en Fitness for Duty (51 m 27921: August results. I have determined that the Request For Hearing Shali Not Stay '11me 4.1986) provides that all nuclear power Immediate Effectiveness Of Section V.A ~ ,,
$. renewal application should be denied. ."
plant utihties should establish programs OfifThis Order.
ahearingisrequested,the 4', . '
to provide reasonable assurance that all y nuclear power plant personnelwith in view of the foregoing and pursuant Co@ ion WIh an Order . U'hy 1 eccess to vital areas at opera ting plants to sections 187.161 b and I,and tas of f ' cre fit for duty. SCE has established the Atomic Energy Act of19,54.es desigW h tim and $ced . hearing. !!
procedures to restrict and monitor the amended, and the Commission's be considered at such a headng shat!be ..:
l use of illegal drugs by persons Franted regulations in to CFR 2.103 and 2.202 whether this Order should be sustained.
unescorted access to protected and vital snd l MMW Dated emo&vme Marytend tids<ttMb dayA creas SONGS. o, fe of June test
.{ A. Effective iramediately, a:tivities For the Nuclear Et,g6! story Commfs sion.
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authorized under Ucense No. OP 6010-2 Vicser.8t=h 38. . . ?m!- K The Ucensee's history of positive drug are hereby suspended and the Ucensee Lecutire&recsarforoperneoas tests indicates a continuing use of shall not snanipulate the controls of the di r, marijuana and violation of SCE's drug (ntDoc.as-test Filede@-at,M5 mal
reactors at the San Onofre Nuclear sa w.o coo n sa m .a progam.This suggests a pattern of Generating Station. Units 2 and 3 or -
behavMr and lack of sound judgment otherwise engage in activities reserved .
- that may be inimical to the public heahh for bcensed nuclear plant operators.'
dq
[ Docket Noa. 50-325 and 30-3241~~
d and safett.The failure of the Ucensee to pending Onal action on the Ucensee's conform 1o SCE's prohibition against rer.ewal application. Carolina Power and Ught Co, illegal drug use, which has the purpose of protectmg the public beahh and B.The renewal application for Ucense Brunswick Ste arn Electric Plant, Units Op 6010-2 is densed. - 1 and 2;Esemption safety, demonstrates a disregard of the -
important obligations of a licensed VI g '
'~
4, : ~ '
s cperator and of the public's trust in him. Pursuant to10 CFR 2202(b),the Carolina Power a Ugbt Cocapesy(the '
While the tests themselves do not Ucensee may show cause why this licensee)is the holder of Facility necessarily establish that the Ucensee , i e .g was incapacitated at the time the Order should not have been issued and Ucense Nos.DPR-Ft and Operating '
why his renewat application abould not DPR-02Aich authorize operstion of H samples were taken the NRC does not be dealed by fahng a written answer the BrunswickSteam Eledric Maat, '
I have the necessary reasonable under oath or affirmation within 20 days Units 1 and Lnelicenses proe5A # -
assurance that the Ucensee will carry
- l. out his duties in the future with of the date of tesuance of this Order. among other things, that the factlities setting forth the matters of fact and law sufficient alertness and abihty to safely .h R
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