ML111030575

11 Point Beach Positive Fitness for Duty Event Notification

ML111030575
Person / Time
Site:	Point Beach, 05533295
Issue date:	04/13/2011
From:	Reynolds S Division of Reactor Safety III
To:	Wells J - No Known Affiliation
References
Download: ML111030575 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION LISLE, IL 60532-4352 April 13, 2011 Mr. Jason M. Wells

[HOME ADDRESS DELETED UNDER 10 CFR 2.390]

SUBJECT:

POSITIVE FITNESS FOR DUTY EVENT NOTIFICATION

Dear Mr. Wells:

This letter refers to an Event Notification (EN45329) made by NextEra Energy (Point Beach Nuclear Plant, Units 1 and 2) on September 4, 2009, to the U.S. Nuclear Regulatory Commission (NRC). The event notification was to notify the NRC that you had tested positive for alcohol during a for-cause breathalyzer Fitness-for-Duty (FFD) test conducted on that date after you were inside a vital area of the Point Beach Nuclear Power Plant. In addition, this letter also refers to a second Event Notification (EN46032) made by NextEra Energy on June 29, 2010, reporting to the NRC that you had again tested positive for alcohol at the gate-house prior to entry into the protected area of the plant. With respect to both events, the NRC received additional information from NextEra Energy, dated October 6, 2009, and July 28, 2010, about your first and second confirmed positive tests for alcohol and subsequent actions that were taken. On July 28, 2010, we received a letter informing us that NextEra Energy no longer had a need to maintain your operator license for the Point Beach Nuclear Plant effective July 7, 2010. Therefore, on August 3, 2010, the NRC notified you that in accordance with 10 CFR 55.55(a), the determination by the facility licensee that you no longer need to maintain a license has caused your license OP-31465 to expire.

Based on these confirmed positive test results for alcohol and being an NRC licensed operator, the NRC evaluated the circumstances of your actions for enforcement consideration. Title 10 CFR 55.53 (j) states, in part, that a licensee (licensed operator) shall not perform activities authorized by a license while under the influence of alcohol that could adversely affect his ability to safely and competently perform his licensed duties. We understand that at the time of the first positive test you had been attempting to assume watchstanding responsibilities in the plants control room, but shift management had instructed other control room operators to prevent you from assuming a control room watch. After being removed from the control room by shift management, your positive for-cause FFD test for alcohol exceeded the facilitys allowed cutoff level pursuant to 10 CFR Part 26, Fitness for Duty Programs. We understand that at the time of your second positive test for alcohol in June of 2010 you were prevented from entering the stations protected area at the gatehouse by station management and would not have been able to relieve any control room operators and assume a control room watchstation.

Although in both events you had not actually taken the watchstation responsibilities, your

J. Wells actions with respect to being in the plant under the influence of alcohol represented an impairment that may have impacted plant safety. The NRC takes the safe operation of nuclear power plants very seriously, as operational errors of the stations controls caused by personnel under the influence of drugs or alcohol may impact the health and safety of the general public.

Had you been able to relieve a control room watchstander and assume responsibility of the controls of the plant under the influence of alcohol, a significant violation of 10 CFR 55.53 (j) would have occurred.

The NRC holds licensed operators to a higher standard than other persons holding unescorted access to a nuclear power plant because of the nature of their responsibilities. Title 10 CFR 26.4(a)(1) specifically states, in part, that personnel who operate or direct the operation of risk-significant plant equipment are subject to the stations FFD program. Furthermore, 10 CFR 55.53(k) specifically requires licensed operators to participate in the drug and alcohol testing program established pursuant to 10 CFR 26. The purpose of the Commissions 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, Appendix A, or in the licensees FFD program, is a serious matter.

Title 10 CFR 55.61(b)(5) states in part that, Any license may be revoked, suspended, or modified, in whole or in part: For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cut-off levels established by

§55.53(j). However, taking into account that, at the time of the testing, you were not directly performing duties or had responsibilities with respect to your reactor operator license, the NRC concluded that no violation of 10 CFR 55.53(j) had occurred. Therefore, no action will be taken against your operator license at this time, and no response to this letter is required.

In accordance with a request from Point Beach Nuclear Plant dated July 28, 2010, your NRC operator license was no longer required and was terminated; therefore, no further action will be taken against your operator license. However, should you reapply for an operator license at the Point Beach Nuclear Plant, or any other facility where there is nuclear fuel, you will need to satisfactorily address the requirements of 10 CFR 55.31 and 55.33, medical and health conditions, by addressing any actions taken to prevent recurrence in order to ensure your ability and willingness to carry out the significant duties authorized as a licensed reactor operator; and to abide by all FFD and other license requirements and conditions. If you obtain a license in the future, you should also be aware that NRC may take action against your license if you test positive for alcohol while occupying a control room watchstation, or if you are found unfit for scheduled work as a result of the consumption of alcoholic beverages as noted above from 10 CFR 55.61(b)(5). A copy of this letter will be placed in your 10 CFR Part 55 docket file.

J. Wells In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter with your home address removed will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of the NRC's Agency wide Documents Access and Management System (ADAMS). ADAMS is accessible from the Electronic Reading Room page of the NRCs public Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have any questions concerning this action, please contact Mr. Hironori Peterson of my staff. Mr. Peterson can be reached at either the address listed above or (630) 829-9707.

Sincerely,

/RA by Gary Shear Acting for/

Steven A. Reynolds, Director Division of Reactor Safety, Region III Docket No. 55-33295 License No. OP-31465 cc: Mr. Larry Meyer, Site Vice-President NextEra Energy Point Beach, LLC CERTIFIED MAIL

J. Wells In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter with your home address removed will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of the NRC's Agency wide Documents Access and Management System (ADAMS). ADAMS is accessible from the Electronic Reading Room page of the NRCs public Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have any questions concerning this action, please contact Mr. Hironori Peterson of my staff. Mr. Peterson can be reached at either the address listed above or (630) 829-9707.

Sincerely,

/RA by Gary Shear Acting for/

Steven A. Reynolds, Director Division of Reactor Safety, Region III Docket No. 55-33295 License No. OP-31465 cc: Mr. Larry Meyer, Site Vice-President NextEra Energy Point Beach, LLC CERTIFIED MAIL DOCUMENT NAME: G:\DRSIII\DRS\Work in Progress\1-Point Beach Positive FFD with no violation 2011 final rev 1.docx Publicly Available Non-Publicly Available Sensitive Non-Sensitive To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy OFFICE RIII N RIII N RIII N RIII N NAME HPeterson:jb SOrth JHeck GShear for SReynolds DATE 03/28/11 04/06/11 04/06/11 04/13/11 OFFICIAL RECORD COPY