ML20209B675

Ack Receipt of from Dr Powell in Response to NRC Re Fitness for Duty.Attachment 2 of Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML20209B675
Person / Time
Site:	Salem
Issue date:	06/29/1999
From:	Conte R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Keiser H Public Service Enterprise Group
References
NUDOCS 9907070373
Download: ML20209B675 (7)

Text

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Mr. Harold W. Keiser President and Chief Nuclear Officer Nuclear Business Unit Public Service Electric and Gas Company P. O. Box 236 Hancocks Bridge, New Jersey 08038

Dear Mr. Keiser:

The U. S. Nuclear Regulatory Commission (NRC) has received a letter dated May 20,1999, from D. R. Powell, Director - Licensong/ Regulation & Fuels, Salem Nuclear Generating Station, in response to our letter dated March 22,1999. Your response adequately addresses our questions.

Also, we have reviewed your request and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld coritains personnelinformation, the disclosure of which would be a clearly unwarranted invasion of privacy. Therefore, Attachment 2 of your letter will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(6) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Your letter and Attachment 1 only which you provided will be placed in the NRC's public document room.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling such information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public '

disclosure. If you have any questions, regarding the disclosure of the information, please contact J. Bradley Fewell, Regional Counsel, at 610-337-5301.

OFFICIAL RECORD COPY b

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9907070373 990629 0 l

PDR P

ADOCK 03000272 PDR l/\

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Mr. Harold W. Keiser

'Thank you for your cooperation in this matter.

Sincerely, l

Richard J. Conte, Chief Human Performance and Emergency Preparedness Branch Division of Reactor Safety Docket Nos. 50-272 and 50 311  ;

Enclosure:

! Facility letter of May 20,1999 and only Attachment 1 cc w/ enclosure: Facility Letter of May 20,1999 and only Attachment 1

- L. Storz, Senior Vice President'- Nuclear Operations l E. Simpson, Senior Vice President - Nuclear Engineering

. E. Salowitz, Director - Nuclear Business Support l A. F; Kirby, Ill, External Operations - Nuclear, Delmarva Power & Light Co.

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- D. Garchow, General Manager - Salem Operations I

J. McMahon, Director - OA/ Nuclear Training / Emergency Prepe. redness i D. Powell, Director, Licensing, Regulation and Fuels

'R.' Kankus, Joint Owner Affairs l

~ A. Tapert, Program Administrator i 1 J. J. Keenan, Esquire J. A. Isabella, Manager, Joint Generation Atlantic Electric.

r Consumer Advocate, Office of Consumer Advocate

' William Conklin, Public Safety Consultant, Lower Alloways Creek Township M. Wetterhahn, Esquire J. Guinan, NJ PIRG .

N. Cohen, Coalition for Peace and Justice  ;

. .R. Fisher F. Berryhill '

B. August i

' State of New ersey State of Delaware  !

PUBLIC 0FFICIAL RECORD COPY l

. . q Mr. Harold W. Keiser Distribution w/ enclosure: Facility letter of May 20,1999 and only Attachment 1 H. Miller, RA/J. Wiggins, DRA D. Scrence, PAO Region I Docket Room (with Concurrences)

Nuclear Safety Information Center (NSIC)

.NRC Resident inspector G. Meyer, DRP W. Lanning, DRS W. Rutand, DRS M. Campion, R1 T. Walker, ORA R. Gallo, HOLB, DRCH j

G. West, HOLB,DRCH l

V. Curley, DRS  !

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$ 475 ALLENDALE ROAD g p'[' KING OF PRuSslA. PENNSYLVANIA 19406-1415 Mr. Harold W. Keiser June 29, 1999 President and Chief Nuclear Officer Nuclear Business Unit Public Service Electric and Gas Company P. O. Box 236 Hancocks Bridge, New Jersey 08038

Dear Mr. Keiser:

The U. S. Nuclear Regulatory Commission (NRC) has received a letter dated May 20,1999, from D. R. Powell, Director - Licensong/ Regulation & Fuels, Salem Nuclear Generating Station, in response to our letter dated March 22,1999. Your response adequately addresses our questions.

Also, we have reviewed your request and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted i information sought to be withheld contains personnelinformation, the disclosure of which )

would be a clearly unwarranted invasion of privacy. Therefore, Attachment 2 of your letter i will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(6) and Section 103(b)  ;

of the Atomic Energy Act of 1954, as amended. Your letter and Attachment 1 only which  !

you provided will be placed in the NRC's public document room.

Withholding from public inspection shall not affect the right, if ar.y, of persons properly and directly concerned to inspect the documents. if the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling such information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause

, to review this determination in the future, for example, if the scope of a Freedom of information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure. If you have any questions, regarding the disclosure of the information, please contact J. Bradley Fewell, Regional Counsel, at 610-337-5301.

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p-l Mr. Harold W. Keiser Thank you for your cooperation in this matter.

Sincerely, ichard J. Conte, ief Human Performance and Emergency Preparedness Branch Division of Reactor Safety Docket Nos. 50-272 and 50-311

Enclosure:

f Facility letter of May 20,1999 and only Attachment 1 cc wIenclosure: Facility Letter of May 20,1999 and only Attachment 1 L. Storz, Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering E. Salowitz, Director - Nuclear Business Support

- A. F. Kirby, lil, External Operations - Nuclear, Delmarva Power & Light Co.

D. Garchow; General Manager - Salem Operations  !

J. McMahon', Director - OA/ Nuclear Training / Emergency Preparedness -

D. Powell, Director, Licensing, Regulation and Fuels .

R. Kankus, Joint Ownet Affairs -

A. Tapert, Program Administrator

. J. J. Keenan, Esquire

1. J. A. Isabella, Manager, Joint Generation Atlantic Electric L,asumer Advocate, Office of Consumer Advocate William Conklin, Public Safety Consultant, Lower Alloways Creek Township 'l M. Wetterhahn, Esquire  ;

J. Guinan, NJ PIRG '

N. Cohen, Coalition for Peace and Justice R. Fisher 1 F. Berryhill B. August State of New Jersey State of Delaware PUBLIC l

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- Enclosure Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, New Jersey 08038-0236 Nuclear Business Unit ilAY 201999 LR-N990249 Richard J. Conte United States Nuclear Regulatory Commission Region 1 475 Allendale Rd.

King of Prussia, PA 19406-1415 RESPONSE TO FITNESS FOR DUTY QUESTIONS SALEM GENERATING STATION UNITS 1 and 2 DOCKET NOS. 50-272 and 311 RE: Richard J. Conte to Harry Keiser (March 22,1999)

Fitness-for-Duty (ENS 35313)

On January 25,1999, PSE&G notified the NRC's Headquarters Operations Center that an NRC licensed operator, who was not performing licensed duties, tested positive for alcohol. Note that while 10CFR26, Appendix A, requires that blood alcohol tests of 0.04%, or higher, be considered to be positive tests, the operator involved in this instance tested at a blood alcohol level of 0.02%.

PSE&G conservatively reported this to the NRC as a determination of unfitness for scheduled work due to the consumption of alcohol.

The operator meets the requirements of 10CFR55.33(a)(1) and the general health requirements of ANSI /ANS 3.4-1983. The operator has been determined not to have a disqualifying condition as defined under Section 5.3 of ANSI /ANS 3.4-1933. The documentation describing the designated physician's conclusion that the operator meets the requiroments of ANSI /ANS 3.4-1983 is available for review by the NRC.

On March 22,1999, the NRC issued a letter to PSE&G requesting additional information relative to this notification. The responses to the specific questions are attached.

10CFR2.790(a)(6) allows personnel and medical files and similar files to be withheld from public disclosure if the disclosure would constitute a clearly unwarranted invasion of personal privacy. PSE&G is requesting that the name of the individual involved be withheld from public dis-losure. As a resJtt, two attachments have been prepared - the individual's name has been redacted from ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE

- WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790 os m. ~

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Ilt20 seg Richard J. Conte 2 l

- LR-N990249 Attachment 1 and has been included in Attschment 2; therefore, PSE&G is requesting that Attachment 2 not be considered as part of the docket.  ;

I D.A.bdf D. R. Powell Director-Licensing / Regulation & Fuels C U. S. Nuclear Regulatory Commission (attach 1 only)

Document Control Desk Washington, DC 20555 Mr. Scott Morris (attach 1 only) I I

USNRC Senior Resident inspector (X24)

Salem Generating Station Mr. K Tosch, Manager IV (attach 1 only)

Bureau of Nuclear Engineering  ;

P.O. Box 415 Trenton, NJ 08625 l i

ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790 l

7 ATTACHMENT 1 REDACTED RESPONSE TO NRC QUESTIONS

1. Name and responsibilities of the operator.

I 1, Nuclear Control Operator (NRC licensed - RO) l

2. A summary of the operator's entire fitness-for-duty testing history. l Please include the dates and times the operator was tested, the reasons for the tests (i.e., random, for-cause, or follow-up), the results of the test, and the dates that any tests were confirmed I positive.

September 5,1990 Random Negative October 28,1992 Random Negative i November 4,1998 Random Negative i January 25,1999 For Cause Positive (0.02% BAC)

January 26,1999 Follow-up Negative

3. Whether the operator consumed al.coholic beverages within the protected area. If so, please provide the details of the circumrtances

, surrounding such consumption.

The operator was not in the protected area on January 24 or 25,1999.

The alcoholic beverage was consumed outside of the protected area while off-duty.

4. Whether the operator was at the controls or supervising the licensed activities while under the influence of alcohol. If so, please provide the details of the operator's performance of licensed duties while under the influence of alcohol.

The operator was not in the protected area on January 24 or 25,1999.

The operator was in training and was not performing licensed duties while under the influence of alcohol.

ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790

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ATTACHMENT 1 '

REDACTED RESPONSE TO NRC QUESTIONS

5. Whether the operator was involved in procedural errors related to I this occurrence. If so, please provide the details of the procedural errors and the consequences of the errors.

The operator was not in the protected area on January 24 or 25,1999.

The operator was in training and was not in a position to commit any procedural errors with adverse safety consequences.

6. Your intentions with regard to the operator's resumption of duties under the 10 CFR Part 50 and Part 55 licenses, including your plans l

for follow-up testing. i This was the operator's first fitness for duty offense. In accordance with ,

the fitne,ss for duty program for first offenses, the operator was sent home, '

his access was suspended for 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, and he was subjected to repeat testing prior to the reinstatement of his access. The follow-up testing was negative, and the operator was fully reinstated. There are no plans for further follow-up testing.

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ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790

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, y REF: LR-N990249

' STATE OF NEW JERSEY '

SS.

' COUNTY OF SALEM Jeffrie J. Keenan, being duly sworn according to law deposes and says:

- l am a Nuclear Attorney of Public Service Electric and Gas Company, and as such, I find the matters set forth in the above referenced letter, concerning personnel matters complies with the request from the NRC for information.

PSE&G requests that the redacted portion of this correspondence be treated as confidential and withheld from public disclosure pursuant to 10CFR2.790(a)(6).

The attachment contains information associated with an employment issue.

Other than PSE&G's disclosure as requested by the NRC, the information therein has been held in confidence and not disclosed to the public. Internal distribution of this information has likewise been limited to essential PSE&G personnel.

Release of the information could reasonably be expected to result in an unwarranted invasion of personal privacy to the individual whose performance .

and conduct is discussed in this correspondence.

For the same reason, release of the information contained in this

-correspondence could detrimentally affect the ability of PSE&G to collect confidential personnel information and to maintain confidential personnel files in l the future. Collection of personnei information depends on the candor and

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cooperation of PSE&G employees. If even the perception were to exist that the  !

i Company could not avoid disclosure of personnel information, the use of personnel files as an instrument in personnel development and evaluation would i be compromised.

ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE

. WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790

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Subscribed and Sw rn to before me thisOO day of ,.1999 L

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ATTACHMENT 2 TO THIS LETTER CONTAINS INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE PURSUANT TO 10CFR2.790

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