ML053200189

IA-05-062, Restani, Notice of Violation and Expiration of License

ML053200189
Person / Time
Site:	Nine Mile Point, 05561774
Issue date:	11/16/2005
From:	Blough A Division of Reactor Safety I
To:	Restani R - No Known Affiliation
References
IA-05-062 IA-05-062
Download: ML053200189 (3)

Text

November 16, 2005IA-05-062 Mr. Raymond C. Restani, II[HOME ADDRESS DELETED UNDER 10 CFR 2.390(a)]

SUBJECT:

NOTICE OF VIOLATION AND EXPIRATION OF LICENSE

Dear Mr. Restani:

The NRC received a letter from Constellation Energy dated October 25, 2005, containinginformation pertaining to your confirmed positive test for marijuana on September 21, 2005, while working as a Chief Shift Operator at Nine Mile Point Unit 1. The NRC received anotherletter from Constellation Energy dated October 25, 2005, informing us that your employment was terminated and your operator license at Nine Mile Point Unit 1 was no longer required. We plan to place both of these letters in your 10 CFR Part 55 docket file. In accordance with 10 CFR 55.55(a), the determination by your facility licensee that you nolonger need to maintain a license has caused your license (License No. OP-11167-1) to expire as of September 26, 2005. In addition, the following violation is being issued on your docket:10 CFR 55.53(j) prohibits the use of illegal drugs, and prohibits the licensee fromperforming activities authorized by a license issued under 10 CFR Part 55 while under the influence of an illegal substance. "Under the influence" is defined in 10 CFR 55.53(j)to mean that the "licensee exceeded, as evidenced by a confirmed positive test, the lower 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, while holding an NRC license (OP-11167-1), you used an illegalsubstance and performed activities authorized by your NRC license while under theinfluence of that illegal substance. Specifically, on September 21, 2005, a randomfitness-for-duty test was positive for marijuana, which was verified to exceed the cutoff level in 10 CFR Part 26, while you performed licensed activities at Nine Mile Point Unit 1. This is a Severity Level III violation. (Supplement I).The purpose of the Commission's fitness-for-duty requirements is to provide reasonableassurance 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 seriousmatter which undermines the special trust and confidence placed in you as a licensed reactor operator. This violation is categorized at Severity Level III in accordance with the NRCEnforcement Policy, because the use of illegal drugs by licensed operators is a significant regulatory concern. The NRC Enforcement Policy can be f ound on the NRC's web site atwww.nrc.gov; select What We Do , Enforcement , then Enforcement Policy

.CERTIFIED MAILRETURN RECEIPT REQUESTED Mr. R. RestaniBecause your license has expired, you are not required to respond to the Notice of Violation atthis time unless you contest the violation. Should you contest the Notice of Violation, aresponse is required within 30 days of the date of this letter addressing the specific basis fordisputing the violation. This response should be sent to the Regional Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA, 19406 and marked, "Open by Addressee Only - Response to a Notice of Violation; IA-05-062." The purpose of this letter is also to make clear to you the consequences of your violation of NRC requirements governing fitness-for-duty as a licensed operator, in accordance with10 CFR Part 55. If you reapply for an operating license, you will need to satisfy not only therequirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons forthe 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 licensedoperator and to abide by all fitness-for-duty and other license requirements and conditions. In accordance with Section 2.390 of the NRC's "Rules of Practice," Part 2, Title 10, C ode ofFederal Regulations, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. A copy ofthis letter will be made available to the Public after 45 days unless you provide a sufficient basisto withdraw this violation. At such time, the NRC will also include this letter on its website for aperiod of 1 year at www.nrc.gov; select What We Do , Enforcement , Significant EnforcementActions , then Individuals. Your response, if you choose to provide one, with your addressremoved, will also be made available electronically for public inspection in the NRC PublicDocument Room or from the NRC's document system (ADAMS). This letter will also be maintained by the Office of Enforcement (OE) in a NRC Privacy Actsystem of records, NRC-3, "Enforcement Actions Against Individuals." The NRC-3 systemnotice, which provides detailed information about this system of records, can be accessed fromour website at http://www.nrc.gov/reading-rm/foia/privacy-systems.html

.Should you have any questions concerning this action, please contact Richard Conte, Chief,Operations Branch, at (610) 337-5183.Sincerely,/RA/A. Randolph Blough, DirectorDivision of Reactor Safety Region IDocket No. 55-61774License No. OP-11167-1cc: Nine Mile Point Nuclear Station Mr. R. RestaniImmediate Distribution

OE: EA File OE: IA File MJohnson, OE KFarrar, RI DHolody, RI RUrban, RI SFigueroa, OE Distribution (Release After 45 Day Hold)

ADAMS (PARS)SECY OCA OEMAIL OEWEB LReyes, EDO WKane, DEDR MJohnson, OE SFigueroa, OE LTrocine, OE NHilton, OE BBoger, NRR JDyer, NRR RBorchardt, NRR PBonnett, NRR SLee, RI OEDO LChandler, OGC BJones, OGC MElwood, OGC KRemsberg, OGCSGagner, OPAHBell, OIG JSchlueter, STP GCaputo, OI LTremper, OC WOutlaw, OCM Enforcement Coordinators RII, RIII, RIV JTrapp, DRP RLaufer, NRR TColburn, NRR P. Milano, PM (backup)

NRR LCline, SRI SCollins, RA MDapas, DRA DScrenci/NSheehan, PAO-RI KFarrar, RI DHolody/RUrban, RI R1DRP_Mail Region I OE Files (with concurrences)

Region I Docket RoomSISP Review Complete: rju (Reviewer's Initials

)DOCUMENT NAME: E:\Filenet\ML053200189.wpdAfter declaring this document "An Official Agency Record" it will be released to the Public.To receive a copy of this document, indicate in the box:

" C" = Copy without attachment/enclosure " E" = Copy with attachment/enclosure " N" = No copyOFFICERI/DRSRI/DRSRI/OIRI/ORARI/ORANAMETFish RConteEWilsonDHolodyKFarrarDATE11/09/0511/09/0511/14/0511/15/0511/15/05OFFICEHQ/NRRRI/DRSHQ/NSIRHQ/OENAMEDTrimble/RJU forABlough/MKG forEWest*MBurrell*DATE11/10/0511/16/0511/14/0511/15/05OFFICIAL RECORD COPY*per phone call w/RUrban & M. Burrell 11/15/05