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| | author name = Reynolds S | | | author name = Reynolds S |
| | author affiliation = NRC/RGN-III/DRS | | | author affiliation = NRC/RGN-III/DRS |
| | addressee name = Wells J M | | | addressee name = Wells J |
| | addressee affiliation = - No Known Affiliation | | | addressee affiliation = - No Known Affiliation |
| | docket = 05000266, 05000301, 05533295 | | | docket = 05000266, 05000301, 05533295 |
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Category:Letter
MONTHYEARML24036A2652024-02-0505 February 2024 Notice of Inspection and Request for Information for the NRC Age-Related Degradation Inspection: Inspection Report 05000266/2024010 and 05000301/2024010 IR 05000266/20230042024-02-0101 February 2024 Integrated Inspection Report 05000266/2023004 and 05000301/2023004 ML24030A0352024-01-30030 January 2024 Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection L-2024-001, Relief Request CISl-03-01 for Relief Concerning Containment Unbonded Post-Tensioning System Inservice Inspection Requirements2024-01-26026 January 2024 Relief Request CISl-03-01 for Relief Concerning Containment Unbonded Post-Tensioning System Inservice Inspection Requirements L-2024-010, Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3)2024-01-25025 January 2024 Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3) ML24005A3242024-01-24024 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0040 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23352A2752024-01-23023 January 2024 Issuance of Amendment Nos. 274 and 276 Regarding Revision to Technical Specification 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program L-2023-173, Quality Assurance Topical Report (FPL-1) Revision 30 Update2023-12-15015 December 2023 Quality Assurance Topical Report (FPL-1) Revision 30 Update L-2023-174, Subsequent License Renewal Application - Third Annual Update2023-12-13013 December 2023 Subsequent License Renewal Application - Third Annual Update L-2023-176, Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-11-29029 November 2023 Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule L-2023-155, Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-06542023-11-28028 November 2023 Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, L-2023-159, Part 3 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks and Security Event Notifications Final Rule2023-11-16016 November 2023 Part 3 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks and Security Event Notifications Final Rule IR 05000266/20234022023-11-14014 November 2023 Security Baseline Inspection Report 05000266/2023402 and 05000301/2023402 ML23279A0672023-11-0909 November 2023 Issuance of Relief Request I6 RR 02 - Examination of the Unit 2 Steam Generator Feedwater Nozzle Extension to Nozzle Weld Sixth 10 Year Inservice Inspection Program Interval IR 05000266/20230032023-10-16016 October 2023 Integrated Inspection Report 05000266/2023003 and 05000301/2023003 ML23346A1322023-10-0606 October 2023 Communication from C-10 Research & Education Foundation Regarding NextEra Common Emergency Fleet Plan License Amendment Request and Related Documents Subsequently Published L-2023-128, License Amendment Request to Revise TS 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program2023-09-19019 September 2023 License Amendment Request to Revise TS 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program ML23243A9102023-09-0606 September 2023 Closeout of Generic Letter 2004-02, Potential Impact of Debris Blockage on Emergency Recirculation During Design Basis Accidents at Pressurized-Water Reactors IR 05000266/20235012023-08-29029 August 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000266/2023501 and 05000301/2023501 ML23208A0952023-08-28028 August 2023 Issuance of Amendment Nos. 273 and 275 Regarding Revising Licensing Basis to Address Generic Safety Issue-191 and Respond to Generic Letter 2004-02 Using a Risk Informed Approach ML23208A2262023-08-28028 August 2023 Exemption from the Requirements of 10 CFR 50,46, Acceptance Criteria for Emergency Core Cooling Systems for Light Water Nuclear Power Reactors (EPID L-2022-LLE-0026) - Letter IR 05000266/20230052023-08-24024 August 2023 Updated Inspection Plan for Point Beach Nuclear Plant (Report 05000266/2023005 and 05000301/2023005) ML23160A0642023-08-21021 August 2023 Issuance of Amendment Nos. 272 and 274 Regarding Revision to Use Beacon Power Distribution Monitoring System L-2023-114, Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update2023-08-17017 August 2023 Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update ML23221A0522023-08-0909 August 2023 Confirmation of Initial License Examination, March 2024 L-2023-098, and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22023-08-0707 August 2023 and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 ML23201A0872023-08-0303 August 2023 Audit Plan in Support of Review of License Amendment L-2023-089, Refueling Outage Owner'S Activity Report (OAR-1) Unit 2 for Inservice Inspections2023-07-24024 July 2023 Refueling Outage Owner'S Activity Report (OAR-1) Unit 2 for Inservice Inspections IR 05000266/20230022023-07-18018 July 2023 Integrated Inspection Report 05000266/2023002 and 05000301/2023002 IR 05000266/20234012023-07-13013 July 2023 Public-Point Beach Nuclear Plant-Security Baseline Inspection Report 05000266/2023401; 05000301/2023401; Independent Spent Fuel Storage Security Inspection Report 07200005/2023401 L-2023-087, Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452)2023-06-29029 June 2023 Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452) ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III L-2023-088, 10 CFR 50.55a Requests, Relief Requests I6-RR-1, I6-RR-2, and I6-RR-3 Sixth Ten-Year Inservice Inspection Program Interval2023-06-27027 June 2023 10 CFR 50.55a Requests, Relief Requests I6-RR-1, I6-RR-2, and I6-RR-3 Sixth Ten-Year Inservice Inspection Program Interval ML23171B1062023-06-21021 June 2023 Info Meeting with a Question and Answer Session to Discuss NRC 2022 EOC Plant Performance Assessment of Ptbh, Units 1 and 2 ML23163A2422023-06-13013 June 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000266/2023004 L-2023-075, Response to Request for Additional Information (RAI) Regarding Exemption Request, License Amendment Request and Revised Response in Support of a Risk-Informed Resolution of Generic Letter 2004-022023-06-0909 June 2023 Response to Request for Additional Information (RAI) Regarding Exemption Request, License Amendment Request and Revised Response in Support of a Risk-Informed Resolution of Generic Letter 2004-02 ML23103A1332023-06-0101 June 2023 Issuance of Amendment Nos. 271 and 273 Regarding Technical Specifications to Adopt TSTF-505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4b L-2023-073, Subsequent License Renewal Application, Second Annual Update Request for Additional Information Set 1 Response2023-06-0101 June 2023 Subsequent License Renewal Application, Second Annual Update Request for Additional Information Set 1 Response L-2023-071, NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal2023-05-22022 May 2023 NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal ML23118A1762023-05-0404 May 2023 Audit Summary for License Amendment Request Regarding Risk-Informed Approach for Closure of Generic Safety Issue 191 IR 05000266/20230012023-05-0101 May 2023 Integrated Inspection Report 05000266/2023001 and 05000301/2023001 ML23114A1222023-04-25025 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection L-2023-058, 2022 Annual Monitoring Report2023-04-10010 April 2023 2022 Annual Monitoring Report L-2023-021, Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update2023-03-28028 March 2023 Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update L-2023-028, and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications2023-03-27027 March 2023 and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications 2024-02-05
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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 plant's 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 facility's 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 station's 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 station's 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 station's 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 Commission's 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 licensee's 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 NRC's 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 NRC's 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 NRIII 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