ML25224A136
| ML25224A136 | |
| Person / Time | |
|---|---|
| Site: | 05576992 |
| Issue date: | 08/19/2025 |
| From: | John Monninger Region 4 Administrator |
| To: | Mayden S - No Known Affiliation |
| References | |
| EAI-RIV-2025-0129 | |
| Download: ML25224A136 (1) | |
Text
August 19, 2025 EAI-RIV-2025-0129 Spenser Mayden
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION, EVENT NOTIFICATION 57661
Dear Spenser Mayden:
This letter refers to Event Notification57661 made by Entergy Nuclear Operations, Inc.
(Entergy) on April 10, 2025, informing the U.S. Nuclear Regulatory Commission (NRC) that you had tested positive for alcohol during a random fitness-for-duty (FFD) test conducted at Arkansas Nuclear One, Unit 1, on April 10, 2025. The NRC received additional information from Entergy on May 8, 2025, about your confirmed positive FFD test result for alcohol. Copies of the aforementioned documents have been placed in your Title 10 of the Code of Federal Regulations (10 CFR) Part 55 docket file.
In a letter dated July 1, 2025, (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML25176A036), we provided you with the details of the apparent violation, and the opportunity to address the apparent violation by either attending a predecisional enforcement conference or providing a written response before the NRC made its final enforcement decision on this matter. On July 31, 2025, you provided a written response to the apparent violation (ADAMS Accession No. ML25223A039).
Based on the information provided to the NRC in the April 10, 2025, notification, the information contained in the May 8, 2025, Entergy letter, and the information you provided in your July 31, 2025, written response, the NRC has determined that a violation of 10 CFR 55.53(j) occurred due to you being under the influence of alcohol while you were performing licensed activities, as demonstrated by a confirmed positive test result for alcohol. This violation is cited in the enclosed Notice of Violation (Notice). The purpose of the Commission's FFD requirements is to provide reasonable 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 alcohol such that an operator exceeds the cutoff limits specified in 10 CFR Part 26, or in the licensee's FFD program, is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. Therefore, this violation is categorized as a Severity Level III violation in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
S. Mayden 2
Since you no longer have an NRC license, you are not required to respond to the Notice unless you contest the violation. Should you contest the violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011, and marked Open by Addressee Only -
Response to a Notice of Violation; EAI-RIV-2025-0129.
If you reapply for an operator license at Arkansas Nuclear One or apply for an operator license at any other NRC licensed facility, you will need to not only satisfactorily address the requirements of 10 CFR 55.31 and 10 CFR 55.33, but also the requirements of 10 CFR 2.201.
At that time, you will need to submit a written response to this violation to address the reasons for this violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to: (1) carry out the special trust and confidence placed in you as a licensed reactor operator; and (2) abide by all FFD and other license requirements and conditions. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN:
Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011 and marked Open by Addressee Only - Response to a Notice of Violation; EAI-RIV-2025-0129.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and ADAMS, accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy information so that it can be made available to the public without redaction. The NRC will also make the letter describing the apparent violation dated July 1, 2025, and your written response dated July 31, 2025, publicly available.
In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly accessible, includes all records pertaining to individuals who are being or have been considered for enforcement action, whether such action was taken or not. Detailed information about this system of records, including the NRC-3 system notice, can be accessed from the NRC website at http://www.nrc.gov/reading-rm/foia/privacy-systems.html. Finally, a copy of this letter will be placed in your 10 CFR Part 55 docket file.
If you have any questions regarding this matter, you may contact Austin Roberts, Enforcement Specialist, at (817) 200-1209.
Sincerely, John D. Monninger Regional Administrator Docket No. 55-76992 License No. OP-505755
Enclosure:
Notice of Violation Signed by Monninger, John on 08/19/25
ML25224A136 SUNSI Review:
ADAMS:
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DATE 08/11/25 08/12/25 08/12/25 08/13/25 08/13/25 08/14/25 OFFICE OE D:DORS RA NAME JPeralta GMiller JMonninger SIGNATURE
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DATE 08/18/25 08/18/25 08/19/25
Enclosure NOTICE OF VIOLATION Spenser Mayden Docket No. 55-76992
[NOTE: HOME ADDRESS DELETED License No. OP-505755 UNDER 10 CFR 2.390]
EAI-RIV-2025-0129 As a result of a notification from Entergy Nuclear Operations, Inc. dated April 10, 2025, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
NRC License Number OP-505755, issued to Spenser Mayden on April 11, 2024, states, in part, that the license is subject to the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 55.53, Conditions of licenses, with the same force and effect as if fully set forth herein.
10 CFR Part 55.53(d) states, in part, that the licensee shall observe all applicable rules, regulations, and orders of the Commission.
10 CFR Part 55.53(j) states, in part, that the licensee shall not perform activities authorized by a license issued under 10 CFR Part 55 while under the influence of alcohol or any prescription, over-the-counter, or illegal substance that could adversely affect his or her ability to safely and competently perform his or her licensed duties. The term "under the influence" means the licensee exceeded, as evidenced by a confirmed test result, the lower of the cutoff levels for drugs or alcohol contained in 10 CFR Part 26 or as established by the facility licensee.
10 CFR 26.103(a)(3) states, in part, that a confirmed positive test result for alcohol must be declared when the result of the confirmatory test for alcohol is 0.02 percent BAC or higher and the donor had been in a work status for at least 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> at the time the initial test was concluded.
Contrary to the above, on April 10, 2025, you performed activities authorized by your license issued under 10 CFR Part 55 while under the influence of alcohol. Specifically, on April 10, 2025, you performed licensed activities as the at-the-controls operator for approximately 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> before a random fitness-for-duty test was administered to you. The test results confirmed a positive result of 0.037 BAC, nearly double the limit for an individual in a work status for at least 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.
This is a Severity Level III violation (NRC Enforcement Policy, Section 6.4.c.1.a).
The NRC has concluded that you are not required to respond to this letter since you no longer hold an NRC license. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your position. In that case, or if you choose to respond, clearly mark your response as Open by Addressee Only
- Response to a Notice of Violation; EAI-RIV-2025-0129 and send to the Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011, and email it to R4Enforcement@nrc.gov within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
2 If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days of the date of the letter transmitting this Notice.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Document Access and Management System (ADAMS), accessible at http://www.nrc.gov/reading-rm/adams.html.
To the extent possible, your response should not include any personal privacy information so that it can be made available to the public without redaction. If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information.
If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy, or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).
Dated this 19th day of August 2025