IR 05000295/1997031

Predecisional Enforcement Conference Repts 50-295/97-31 & 50-304/97-31 on 971201.Violations Noted.Major Areas Discussed:Violations Involving Failures to Adequately Implement fitness-for-duty Program Requirements

ML20203E563
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	12/04/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20203E547	List: IR 05000295/1997031 ML20203E543
References
50-295-97-31-EC, 50-304-97-31, NUDOCS 9712170094
Download: ML20203E563 (31)

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U. S. NUCLEAR REGULATORY COMMISSION REGlnNlli Docket Nos: 50 295;50 304 License Nos: DPR-39; DPR-48 Repori Nos: 50 295/97031(DRS); 50-304/97031(DRS)

Licensee: Commonwealth Edison Company Facility: Zion Generating Station, Units 1 and 2 Date: Dacember 1,1997 Meeting Location: Region lil Office 801 Warrenville Road Lisle, IL 60532-4351 Type of Meeting: Predecisional Enforcement Conference inspection: Zion Station June 19 to September 22,1997 Inspectors: J. Creed, Chief, Plant Support Branch 1 J. Belanger, Senior Physical Security inspector Approved By: John A. Grobe, Director Division of Reactor Safety Meetina Summarv Predeci1[onal Enforcement Conference on December 1.1997 Areas Discussed: Apparent violations identified during the inspection weis discussed, along with the corrective actions taken or planned by the licensee. The apparent violations concerned failwes to adequately implement fitness-for-duty program requirements on several occasions

- between February 1 and June 12,1997. Also discussed were the results of the internal audits that were prov ded to your management tea gDR ADOCK 05000295 PDR

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Beport Detalla t Egtspas Piesent at Conference Commonwealth Edjipn Comoany (Comed)

G. Stanley, Vice President, Pressurized Water Reactors, Comed J. Brons, Site Vice President, Zion R. Starkey, Station Manager, Zion P. Laird, Corporate Security manager, Comed J. Papalco, Fitness for Duty Coordinator P. Welsh, Administratien, CumEd M. Weiss, Business Manager, Zion K. Steele, Station Security, Zion R. Godley, Regulatory Assurance Manager, Zion R. Zyduck, Quality Systems Auditor, Zion L. Waldenger, Nuclear Oversight, Comed D. Farrer, Licensing, Comed T. Musica, Licensing, Comed B. Kugelberg, Communications Director, Comed G. Wald, Nuclear Communications Administrator, Comed J. Trexler, Public. Affairs, Comed D. Jenkins, Senior Counsel, Comed P. Troy, Counsel, Comed Q M1gclear Reaulatqrv Commission A. Beach, Regional Administrator, Rlli J. Grobe Director, Division of Reactor Safety (DRS), Rill G. Grant, Director, Division of Reactor Projects (DRP), Rill J. Creed, Chief, Plant Support Branch 1, Rlli A. Vegel, Acting Chief, DRP Branch 2, Rlll J. Belanger, Senior Physical Security inspector, Rlll C. Shiraki, Project Manager, NRR (by telephone)

E. Cobey, Acting Senior Resident inspector, Zion J. Heller, Enforcement, Rlli J. Strasma, Public Affairs Qttlers Attending J. Yesinowski, Resident Engineer, Zion Station, Illinois Department of Nuclear Safety D. Backmann, Reporter, Kenosha News J. Larson, carpenter, Local 250 11. Predecisional Enforcement Conference A Predecisional Enforcement Conference was held in the NRC Region lli Office on December 1,1997. This conference was conducted as a result of the findings of an inspection conducted between June 19 and September 22,1997, in which apparent violations of NRC regulations were identified. Inspection findings were documented in Inspection Report Nos. 50 295/97017; 50-304/97017, transmitted to the licensee by

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letter dated October 10,1W7. The purpose of this conference was to discuss the violations, root causes, contributing factors, and the licensee's corrective actions.

Duririg the Predecisional Enforcement Conference, the licensee acknowledged the

vloiations. The licensee's presentation included characterization of each event's safety significance and the status of corrective action implementation for each of the events. . i

The licensee presented their position that the FFD Program at Zion provided reasonable !

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assarance that people at Zion were fit for duty. NRC staff questioned the effectiveness of certain elements of the program based on the results of NRC inspections and internal ,

Zion evaluations. The licensee's drug testing program results were consistent with

. Industry norms and provided evidence that Zion staff were fit for duty. However, NRC i- staff is continuing to evaluate information regarding the effectiveness of the licensee's

fitness for-duty program components, including staff and management responsibility to identify and respond to indicatirens of potentially unfit employees.

Copies of the NRC's and the licensee's handouts are attached to this repor ,

DAttachments: As stated

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ATTACHMENT NRC HANDOUT

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The apparent violations discussed at the predecisional enforcement conferences are subject to further review end subject to change prior to any resulting enforcement action CFR 26.20(e), ' Written policy and procedures" requires, in part, that each licensee subject to this part shall establish and implement written '

policies and procedures designed to meet the general performance objectives and specific requirements of this part. Written policies must address fitness for duty through a procedure that will ensure that person l called in to perform an unscheduled work!ng tour is fit to perform the task assigned. This procedure must (1) require a statement to be made by a called-in person as to whether he or she has consumed alcohol within the length of time stated in the pre-duty abstinence policy and (2)if alcohol has been consumed within this period, require a determination of fitness for duty by breath analysis or other mean . Corporate Nuclear Guideline No. 200 (Revision 6 dated June 1996),

" Comed FITNESS FOR DUTY PROGRAM," a procedure that -

implements 10 CFR 26.20(e), at paragraph 5.8 specifies, in part, that supervisors and others performing cal-outs will ask if the employee has consumed alcohol within the five (5) hour abstinence perio , Contrary to the above, on February 1,1997, at approximately 9:00 p.m. a supervisor faked to ask an employee if he or she had consumed alcohol within the five hour abstinence period prior to directing her to report to the plant.

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Corporate Nuclear Guideline No. 200, at paragraph 5.6.1 states, in

part, when contacted at home, each individualis responsible to alert

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the caller if he/she is uncomfortable about responding to a work related matter due to consumption of alcohol.

! Corporate Nuclear Security Guideline No. 206 (Revision 6 dated l

February 1996), " Call-Outs for Unscheduled Work,' a procedure that implements 10 CFR 26.20(e), at paragraph 5.1.5 specified if you are ca!!ed to work unscheduled overtime, inform the person calling if you

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have consumed alcohol within the five (5) hours period prior to reporting to work.

l The apparent violations discussed at the predecisional enforcement confe ences are subject to further review and subject to change prior to any resulting enforcement action

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The apparent violations discussed at the predecisional enforcement conferences are subject to further review and subject to change prior to any resulting enforcement action Contrary to the above, on February 1,1997 at approximately 9:00 p.m., an employee directed to come into the plant on unscheduled overtime did not inform his or her supervisor that they had consumed alcohol within the five hour abstinence perio . Corporate Nuclear Guideline No. 200, at paragraph 5. requires that Individuals report to their supervisor instances of

- violation of ttie Fitness For Duty policy and/or procedures i which might adversely impact safe operation and maintenance of the station. Paragraph 5.6.2 requires supervisors to act in a timely manner when a Fitness For Duty Concem is identified. If someone's fitness is  !

questionable, the supervisor shall immediately remove the person from work activities. The person shall be e~scorted at all times until the concern is satisfactorily resolved or until the '

person exits the protected are ,

Contrary to the above, the following instances constitute  !

failures by an individual to notify their supervisor of violations

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of the fitness for duty policy. These ftsilures precluded l

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supervisors from acting in a timely manner.

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o An employee stated that in the September / December 1996 time frame, he detected the odor of alcohol on a l- co-worker but did not notify his supervisor, i

L e On March 11,1997 an employee failed to notify his supervisor that he detected the odor of alcohol on a

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• On June 12,1997, an employee detected the odor of alcohol on a contract employee but failed to notify his supervisor.

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-The apparent violations discussed at the predecisional enforcement conferences are subject to '

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further review and subject to change prior to any resulting enforcement action

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' The apparent violations discussed at the predecisional enforcement conferences are subject to further review and subject to change prior to any resulting enforcement action '

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, .10 CFR 26.24(a)(3), " Chemical and alcohol testing," requires, in part, testing for-cause as soon as possible following any observed .

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behavior indicating possible substance abuse.

Zion Administrative Procedure 1130-00 (Revision 3 dated April 17

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1995), " Commonwealth Edison Fitness for Duty Program" states that for-cause urinalysis and breath alcohol testing may be required - >

for Commonwealth Edison or contractor employees, following any

observed behavior indicating possible substance abuse, including

detection of the odor of alcohol per CNSG 207, " Testing for Cause."

Corporate Nuclear Guideline No. 200, at Paragraph 5.7.6 requires .

i testing for cause after the odor of alcohol has been detected on an '

individual and confirmed by a management employee trained in Fitness For Duty Supervisor responsibilitie .

Corporate Nuclear Security Guideline No. 207 ( Revision 9 dated November 1996), " Testing For Cause'", at Paragraph 5.1.6 requires  ;

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a for-cause test be conducted when the odor of alcohol has been detected on an individual and a supervisor has confirmed the odor of alcoho . Contrary to the above, on February 1,1997, between 9:30 p.m. and

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10:00 p.m., three FFD trained supervisors failed to require a for-cause test for tsn employee with the smell of alcohol in the protected area, and whom they knew had consumed alcohol within the five hour abstinence period.

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. The apparent violations discussed at the predecisional enforcement conferences are subject to l further review and subject to change prior to any resulting enforcement action

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ATTACHMENT LICENSEE HANDOUT

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i Zion Station

! Fitness-For-Duty (FFD)

Pre-Decisional i

Enforcement Conference

December 1,1997

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j Opening Remarks

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Jack Brons,

! Zion Site Vice President i

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Agenda e Opening Remarks Jack Brons, Zion Site Vice President e February 1997 Events Monika Weis, Zion Business Manager l

e June 1997 Events Monika Weis, Zion Business Manager l

e Programmatic issues Monika Weis, Zion Business Manager

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e Nuclear Division Actions Pat Laird, Corporate Security Manager j i

e Safety Consequences Robert Godley, Zion Regulatory Assurance Manager  :

• Closing Remarks Jack Brons, Zion Site Vice President

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[ Fitness-For-Duty (FFD)

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Events t i

Monika Weis

Zion Station Business Manager

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i j February 1997 Event e Event Date: Feb.1,1997

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e Sequence of Events l Firewatch injured l > Director of Fire Protection (DFP) Received Informational Call l at Home 3 DFP Contacted Fire Marshall i DFP Arrived Onsite i

[ DFP's Two Supervisors Detect Odor of Alcohol on DFP and l Remained with DFP

) Fire Marshall Directed DFP to be Sent Home (For-Cause

} Test was not Performed)

. e Allegation Received Feb. 11,1997

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i February 1997-

! Immediate Corrective Actions

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[ e Initiated Prompt Investigation (Feb.11,

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Director of Fire Protection (DFP)

i Fire Marshall

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Investigation Conclusions l

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o Fire Marshall Lacked Full Understanding of FFD Callout Responsibilities  ;

e Fire Marshall Distracted by Seriously ill Wife l

l e Two ('2) Subordinate Supervisors Sent DFP Home per Fire Marshall \Nithout For-Cause Tes1:ing l

l e DFP Pre-Occupied With Injured Employee

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l February 1997-

l Long Term Corrective Actions

. DFP Unescorted Access Denied (3/6/97)

e Fire Marshall Counseled (Week of 3/3/97)

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= Fire Marshall and Firewatch Supervisors Retrained in FFD Responsibilities (2/24/97 and 3/3/97, Respectively)

e Contractor Firewatch Retraining Held Firewatch Employee's Retrained on FFD Expectations (2/21/97-3/3/97)

l Firewatch Supervisors Retrained on FFD Supervisory Guidelines l (2/21/97-2/28/97)

e FFD Event and Program Requirements Tailgated at Zion

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June 1997 Event e Employee A Reported FFD Incident June 12, 1997 l

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Employee A Detected Alcohol on Breath of Contractor B Employee A Left Contractor B and Talked to Another l Employee

Employee A Found Contractor B and Told Contractor B to Call Security and Get FFD Tested l Contractor B Did Not Take FFD issue Seriously and Went l

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Employee A Notified Security and Discovered Contractor B was Not FFD Tested '

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June 1997-Immediate Corrective Actions

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, e Initiated Prompt Investigation e Suspended Access

j Employee A l- Contractor B i

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June 1997 -Additional l Investigation Results

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e In the Course of this Investigation,

! Employee A Revealed Two Additiona;

Events:

. Sept.-Dec.1996 Event with Employee B l -Unsubstantiated

March 11,1997 Event with Employee C-Substantiated i

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l March 11,1997 Event

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Employee C Receives Informational Call at Home

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Requesting Callout Testing -

Employee A Detects Smell of Alcohol on Employee C and Didn't Notify Supervisor Employee C Exits Protected Area and Reports to Security For.Callout Testing and Not for For-Cause Testing Employee C Returns to Protected Area

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'1 humediate Corrective Actio . .

• Access to Protected Area Suspended e Initiated Prompt Investigation Upon Discovery

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Investigation Conclusions

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e Employee A:

Lack of Understanding of the For-Cause Test Requirements Reluctance to Initiate For-Cause Testing e Employee C:

Employee C Improperly Prioritized Duties

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June 1997-Long Term Corrective Actions e Employees A and C Disciplined e Employees A and C Reviewed FFD Requirements e Contractor B Placed on Heightened Personal FFD Observation e Observe, Verify, Escort and Report (OVER) Communication Provided to Zion Personnel During Tailgate Sessions Within Two Weeks

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L June 1997-Long Term Corrective Actions

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e FFD information Provided to Employees Addressinc FFD Violations / Ramifications e FFD Program Information Appears on CETV On a Periodic Basis ,

e Common Cause Analysis Initiated

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!: !yema Programmatic Issues .

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e Reinforcement of "For-Cause" Testing Responsibilities

• Ensure Requirements of Callouts are Met

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"For-Cause" Testing Responsibilities-Corrective Actions

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e Zion Administrative Procedure Revised to Directly Reference Corporate Nuclear Security Guidelines (CNSG) -

e Ensure Regular Communications FFD Reminders Routinely Published in Station Newspaper Semi-Annual FFD Tailgate Packages Reinforced FFD Expectations e Preliminary Survey Conducted e Test Results L 18

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Zion Behavioral Tests 1/1/97 11/23/97-

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O Negative O NotTnted

• 16 CBOPs Conducted

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Callout Corrective Actions e Each Department is Responsible for the Callout Program

>> Department Head Designates Callout Individuals Training will be Provided to Designated Individuals I by December 21,1997 l e Zion will Conduct Self-Assessment Within 90 Days of Implementation e Quality & Safety Assessment (Q&SA}

will Conduct Fallow-Up Audit in 1998

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Nuclear Division Actions Pat Laird Corporate Security Manager

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Nuclear Division Actions-Feb. 97

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e Other Five Sites Notified of Events &

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Expectations (2/25/97)

e Communications Focus: Confirm Odor of Alcohol Required to Voluntarily Acknowledge Consumption of Alcohol FFD Applies to Everyone Comed Cognizant Management is Responsible for Continuous Behavioral O'oservation Program (CBOP)

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Nuclear Division Actions-June 97

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e Corporate Security Developed Communications to Reinforce FFD Requirements e Communicated in Station Newsletters (6/18-20/97)

e Broadcasted on CETV Division ' Wide:

I Initially Broadcast on 6/30/97 Periodically Rebroadcasted e Presented at Station Tailgate Session l

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l Nuclear Division Callout

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Evaluation l

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e Division Wide Callout Process is Currently Under Evaluation e Nuclear Security will Determine if

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Corrections are Needed

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Effective Comed FFD Program

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e Annual Q & SA Audit of Corporate Program

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(1997)

1997-Program Complies With 10 CFR 26 e Annual Effectiveness Assessment 1994/1995-Supervisory Training Programmatic issue

- All Workers Now Trained to Supervisory Requirements

- NRC Inspection at Byron (10/96) Identified Strength in Training All Workers on Behavior Observation Program 1996-No Programmatic issues identified

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Effective Comed FFD Program

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L e Comed Random Testing Results, Both Contractors and Employees, Are Consistent With the Industry. Comed Positive Test Rate Is 0.38%.

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Safety Significance Robert Godley, Manager Zion Regulatory Assurance

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Safety Significance

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e Actual Safety Consequences .

e Potential Safety Consequences

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l Safety Significance (Continued) 1

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l e Callout Implementation Issue e Events Licensee Identified and Promptly Reported e Investigations Thorough e Corrective Actions e Data Shows Effective Program l

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Closing Remarks .

Jack Brons, Zion Site Vice President

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