ML20127N761

Discusses Notice of Violation & Expiration of License. License SOP-11049 Expired as of 921005 Due to Positive Marijuana Drug Test.Notice of Violation Issued as Listed

ML20127N761
Person / Time
Site:	Peach Bottom, Limerick
Issue date:	12/17/1992
From:	Hodges M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Podlesny R PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
EA-92-181, NUDOCS 9302010066
Download: ML20127N761 (3)

Text

a DEC 171992 Docket No. 55-61458 CERTIFIED MAIL License No. SOP-11049 RETURN RECEIPT REQUESTED EA 92-181 Ronald A. Podlesny

[IlOME ADDRESS DELETED UNDER 10 CFit 2.790)

SUBJECT:

NOTICE OF VIOLATION AND EXPIRATION OF LICENSE The Nuclear Regulatory Commissic~. (NRC) has received a letter dated October 5,1992, from the Philadelphia Electric Company (PECo), informing us that PECo no longer has a need to maintain your operating license for the Limerick Generating Sta; ion, Units 1 and 2, and Peach Bottom Atomic Power Station, Units 2 and 3. We also received a letter dated November 17, 1992, from Philadelphia Electric containing information about your confirmed positive test for marijuana (copics of each letter are enclosed). We plan to place both of these letters in your 10 CFR Part 55 docket file.

In accordance with 10 CFR Part 55.55(a), the determination by your facility licensee that you no loner need to maintain a license has caused your license, SOP-11049, to expire as of October 5,1992.

In addition, the following violation is being issued on your docket:

10 CFR 55.53(j) prohibits the use of marijuana and prohibits the licensec from performing activities authorized by a license issued under 10 CFR Part 55 while under the influence of marijuana. "Under the influence" is denned in 10 CFR 55.53(j) to mean that the " licensee exceeded, as evidenced by a confirmed positive test, the lower of the cutoff levels for drugs or alcohol contained in 10 CFR Part 26, Appendix A, of this chapter, or as established by the facility licensee."

Contrary to the above, you violated 10 CFR 55.53(j), by using marijuana, as evidenced by a confirmed positive test for that drug, resulting from a sample submitted on September 16, 1992.

The purpose of the Commission's Fitness-for-Duty requirements is to provide reasonable 1

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 illegal drugs is a serious /// l OFFICIAL RECORD COPY P:PODLESNY I 9302010066 921217 O PDR ADOCK 05000277 1 PDR o

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DEC 'I i 191 Ronald A, Podlesny _ 2 matter which undermines the special trust and confidence placed in you as a licensed -

operator. This violation is categorized as a Severity Level III violation in accordance with the, " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, because the use of marijuana by licensed operators is a significant -

regulatory concern. Because your license has expirui, you are not required to respond to the Notice of Violation at this time, unless you contest the violation. Should you contest the Notice of 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 Regional Administrator, NRC Region 1,475 Allendale Road, King of Prussia, PA 19406, The purpose of this letter is to make clear to you the consequences of your violation of NRC ~

requirements governing fitness for duty as a licensed operator, in accordance with 10 CFR Part 55, if you reapply for an operating license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in you as a licensed operator and to abide by all fitness-for-duty and other license requirements and conditions, in accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, enforcement actions are placed in the NRC Public Document Room (PDR). A copy of this letter, with its enclosures and with your address removed, will be placed in the PDR, unless you provide a sufficient basis to withdraw this violation within the 30 days specified above for a response to this Notice of Violation.

Should you have any questions concerning this action, please contact Mr. Lee Bettenhausen of my staff at (215) 337-5291, ,

4 Sincerely, criginal M ntd Byg Marvin W. Hodges, Director Division of Reactor Safety

Enclosures:

1. Letter dated October 5,1992

2. Letter dated November 17,1992 (w/o Enclosure / Attachment)

OFFICIAL RECORD COPY P:PODLESNY l

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O Ronald A. Podlesny 3 cc w/ enclosures:

D. M. Smith, Senior Vice President - Nuclear Public Document Room (PDR) (w/o enclosures / attachment) bec:

Docket No. 55-61458 J. Lieberman, OE D. Holody, OE

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12/ji/92 OFFICIAL RECORD COPY P:PODLESNY

L 10CFR50.74

- PIIILADELPIIIA ELECTRIC COMPANY NUCLEAR GROUP llEADQUARTERS 955-65 CHESTERBROOK BLVD.

WAYNE, PA 19087-5691 October 5, 1992 (215) 640-6000 Docket Nos. 50-352 50-353 50-277 50-278 NUCLEAR SERVICES DEPARTMENT License Nos. NPF-39 NPF-85 DPR-44 DPR-56 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555

SUBJECT:

Limerick Generating Station, Units 1 and 2 Peach Bottom Atomic Power Station, Units 2 and 3 Notification of Change in Limited Senior Reactor Operator Status Gentlemen:

This letter serves as notification in accordance with the requirements of 10CFR50.74 of a change in status of the Limited (i.e.,

to fuel handling) Senior Reactor Operator (LSRO) license identified below.

NAME Docket No. License No.

Ronald A. Podlesny, Jr. 55-61458 SOP-11049 As a result of the reassignment of duties, there is no longer a need for this license as originally certified under the requirements of 10CFR55.31(a)(3).

If you have any questions, please do not hesitate to_ contact us.

Sincerely,

'p '/t G. J eck, Manager Licensing Section cc: T. T. Martin, Administrator, Region I, USNRC

[ T. J. Kenny, USNRC Senior Resident Inspector, LGS

! J. J. Lyash, USNRC Senior Resident Inspector, PBAPS L

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PHILADELPIHA ELECTRIC COMPANY ~

NUCLEAR GROUP HEADQUARTERS 955-65 CHESTERBROOK BLVD.

WAYNE, PA 19087 5691 (215) m000 November 17, 1992~

NUCLEAR SERVICE.S DEPARTMENT Docket NOS. 50-277-50-278 352 50-353 -

License Nos. DPR-44' DPR-56 NPF-39 NPF-S5 ,

U. S. Nuclear Regulatory Commission Attn: Document Control Desk ,

Washington, DC 20555

Subject:

Peach Bottom Atomic Power Station, Units 2 and 3 Limerick. Generating Station, Units 1 and 2 Limited Licensed Operator Positive Drug Test Response to Request for Information

Dear Sir:

The information requested in NRC . letter, dated October 2, 1992, regarding the: circumstances surrounding the limited -licensed operator who tested positive for marijuana is - provided in the attachment in

'accordance with 10 CFR 26.29.

1 In accordance with 10 CFR 2.790(a)(6), we request that the attached =

information be withheld from public disclosure since .the information contains the limited. licensed operator's name and -personal 'information records. Disclosure of this information would constitute an unwarranted invasion of the ' personal privacy of the individual involved. An affiday.it -in accordance with '10 CFR 2.790(b)(1) is enclosed - which ,

supports our request-that the information in the attachment be withheld '

- f rom public disclosure.  !

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4 c U. S. NuclearL Regulatory Commission November 17,~1992-

- Document- Control Desk- Page'2- -

If you have any questions or require additional information, please do not hesitate to contact us.

.Very truly.yours,

-g

/d G.

. Beck,-l Manager-Licensing Section ,-

Enclosure Attachment cc: T. T. Martin, Administrator, Region I, USNRC w/ enclosure and attachment 7 J. J. Lyaah, USNRC, Senior Resident Inspector, PBAPS w/ enclosure and attachment T. J. Kenny,. USNRC Senior Resident Inspector, LGS w/ enclosure and attachment s

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