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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments ML20206H4441999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules ML20205J0461999-04-0101 April 1999 Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments ML20205B3771999-03-16016 March 1999 Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking ML17355A2511999-03-0909 March 1999 Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998 Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998 Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998 Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998 Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) ML17354B1061998-02-26026 February 1998 Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices ML20217M0751997-08-13013 August 1997 Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc ML20217J4321997-08-0707 August 1997 Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807 ML20148P8461997-06-25025 June 1997 Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626 ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML20141F5441997-06-13013 June 1997 NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied ML20141F5711997-06-13013 June 1997 Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.W/Certificate of Svc ML17354A5181997-05-27027 May 1997 Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc ML20148G6531997-05-27027 May 1997 Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527 ML20148G7071997-05-27027 May 1997 Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527 ML20148G7501997-05-20020 May 1997 Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520 ML17354A5631997-05-17017 May 1997 Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access ML20141C7331997-05-16016 May 1997 Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516 ML17354A5611997-05-11011 May 1997 Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty ML20138J2331997-05-0202 May 1997 Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc ML20138J2271997-05-0202 May 1997 NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6 ML20138J2241997-05-0202 May 1997 Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc ML20138J2401997-04-25025 April 1997 Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425 ML17354A5651997-04-23023 April 1997 Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns ML20137X5921997-04-16016 April 1997 NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc ML20137X5511997-04-11011 April 1997 NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc ML20137R3531997-03-27027 March 1997 Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327 ML20137F5551997-03-25025 March 1997 NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc ML20137F8251997-03-21021 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321 ML20137F5081997-03-17017 March 1997 NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License ML20137F5371997-03-17017 March 1997 NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration ML20136F2981997-03-12012 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312 ML20136F2351997-03-10010 March 1997 NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam ML20136F3411997-03-10010 March 1997 NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc ML20136F2721997-03-0606 March 1997 Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc ML20138Q0191997-02-28028 February 1997 Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228 ML20134A6551997-01-23023 January 1997 Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained ML20134A6661997-01-23023 January 1997 Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124 ML20129J5681996-10-23023 October 1996 Memorandum & Order (Error).* Informs of Incorrect Caption Identified in Order .W/Certificate of Svc.Served on 961023 ML20129D4981996-10-21021 October 1996 Memorandum & Order (Grant of Request for Hearing Scheduling).* Requests for Hearing Hereby Granted. W/Certificate of Svc.Served on 961021 ML20129D6681996-10-18018 October 1996 NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance ML20129D4401996-10-0909 October 1996 Designating of Presiding Officer.* Pb Bloch Designated to Serve as Presiding Officer to Conduct Informal Adjudicatory Hearing in Proceeding of Rl Tetrick Re Denial of SRO License.W/Certificate of Svc.Served on 961010 ML17353A6311996-01-19019 January 1996 Decision & Remand Order Re FPL Discrimination Against RR Diaz-Robainas.FPL Ordered to Offer Reinstatement to RR Diaz-Robainas W/Comparable Pay & Benefits,To Pay Him Back Pay W/Interest & to Pay His Costs & Expenses Re Complaint ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. 1999-09-07
[Table view] Category:PUBLIC COMMENTS ON PROPOSED RULES & PETITIONS FOR
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments ML20206H4441999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules ML20205J0461999-04-0101 April 1999 Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments ML20205B3771999-03-16016 March 1999 Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking ML17355A2511999-03-0909 March 1999 Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998 Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998 Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998 Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998 Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. L-94-206, Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved1994-08-0909 August 1994 Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved ML20072B3251994-08-0101 August 1994 Comment Opposing Proposed Rule 10CFR26 Re Change Consideration of fitness-for-duty Requirements L-94-150, Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially1994-06-17017 June 1994 Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially ML20056G4121993-08-31031 August 1993 Comment Supporting Proposed Rule 10CFR2 Re Review of 2.206 Process ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML17349A8161993-04-22022 April 1993 Comment Endorsing NUMARC Comments Re Proposed Generic Communication, Availability & Adequacy of Design Bases Info. ML20101R5261992-07-0606 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM L-92-102, Comment on Proposed Rule Misc (92-1) Re Conversion to Metric Sys.Concurs W/Issuance of Rule & Believes Rule Provides Flexibility Not Available Through Rulemaking1992-04-16016 April 1992 Comment on Proposed Rule Misc (92-1) Re Conversion to Metric Sys.Concurs W/Issuance of Rule & Believes Rule Provides Flexibility Not Available Through Rulemaking ML17348A7101990-10-15015 October 1990 Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML17348A4051990-06-29029 June 1990 Comment Supporting NUMARC Position on Revised Wording of Petition for Rulemaking PRM-50-55 Concerning Fsars.Resulting Longer Interval Between FSAR Updates Would Benefit Many Licensees ML17348A3981990-06-29029 June 1990 Comment Opposing Proposed Rule 10CFR55 Re fitness-for-duty Programs.Believes Current Program Aggressively Supports Performance Objective of fitness-for-duty Regulation & Applied Equally to All Persons Granted Unescorted Access ML20244B3241989-04-10010 April 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20235T2311989-02-22022 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants. Rulemaking Will Cause Delay in Further Maint Enhancement as Licensee Backtrack to Assure Prescriptive Compliance ML20151G4521988-07-21021 July 1988 Comment on Proposed Rule 10CFR76 Re Regulation of U Enrichment Facilites.Util Interested in Any Licensing Regulations That Would Govern Const & Operation of U Enrichment Facilites ML20154G1351988-05-0505 May 1988 Comment on Proposed Rules 10CFR50 & 73 Re Proposed Policy Statement on Nuclear Power Plant Access Authorization Program.Commission Urged to Establish Access Authorization Through Rulemaking Procedure ML17342B2311988-03-25025 March 1988 Comment on Proposed Rule 10CFR50,App J Re Primary Reactor Containment Leakage Testing for water-cooled Power Reactors. Util Endorses Addition of Mass Point Methodology to Acceptable Leakage Rate Calculational Methods 1999-09-07
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REGULRT+ INFORMATION DISTRIBUTIOl+YSTEM (RIDE)
ACCESSION NBR:9007170117 DOC.DATE: 90/06/29 NOTARIZED: NO DOCKET FACIL:50-250 Turkey Point Plant, Unit 3, Florida Power and Light C 05000250 50-251 Turkey Point Plant, Unit 4, Florida Power and Light C 05000251 AUTH. NAME AUTHOR AFFILIATION BOHLKEFW.H. Florida Power a Light Co.
RECIP.NAME RECIPIENT AFFILIATION CHILKFS.J. Office of the Secretary of the Commission
SUBJECT:
Comment opposing proposed rule 10CFR55 re fitness-for-duty programs. Believes current program aggressively supports performance objective of fitness-for-duty regulation 6 applied equally to all persons granted unescorted access.
DISTRIBUTION CODE: DS10D COPIES RECEIVED:LTR 1 ENCL C) SIZE:
TITLE: SECY/DSB Dist: Public Comment on Proposed Rule (PR)-lOCFR NOTES:
RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL INTERNAL: ADM/FIPS/RPB NMSS/IMOB OGC D -B-18 OGC/SAIP15-B-18 RG E 01 RES DIR EXTERNAL: NRC PDR 02 TOTAL NUMBER OF COPIES REQUIRED: LTTR 7 ENCL 0
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IZ P.O. Box 14000, Juno Beach. FL 33408-0420 OOCKi: i i.'L'SHHC L-90-242 JU59 2 9 1990 Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch Re: Nuclear Regulatory Commission; Proposed Rule 10 CFR Part 55, Operators'icenses; 55 FR 14288(April 17, 1990); Request for Comments
Dear Mr. Chilk:
On April 17, 1990, the Nuclear Regulatory Commission (NRC) published for public comment a proposal to amend its regulations specifying that the conditions and cutoff levels established pursuant to the Commission's "Fitness-For-Duty Programs", are applicable to licensed operators as a condition of their license.
These comments are submitted on behalf of )he Florida Power & Light Company (FPL).
FPL is an investor-owned utility serving over three (3) million customers in the State of Florida. FPL is a licensed operator of two nuclear power plant units in Dade County, Florida and two units in St. Lucie County, Florida.
On June 7, 1989 (54 FR 24468) the NRC issued a new 10 CFR Part 26 rule entitled Fitness-for-Duty Program to require licensees authorized to construct or operate nuclear power reactors to implement a Fitness-for-Duty program. The performance objective of this program is to provide reasonable assurance that nuclear power plant personnel will perform their tasks in a reliable and trustworthy manner, and not under the influence of any prescription, over-the-counter or illegal substance which in any way adversely affects their ability to safely and competently perform their duties. FPL is firmly committed to an uncompromising Fitness-for-Duty program and believes that the program at FPL aggressively supports the performance objective of the Fitness-for-Duty regulation. FPL believes that the proposed rule is unnecessary and unjustifiably singles out licensed operators from all other nuclear plant personnel with unescorted access to the plants.
The current Fitness-For-Duty rule applies with equal force to all persons granted unescorted access to protected areas. The rule also applies to all personnel, whether employed by the licensee or one of its vendors or contractors, who report to a licensee's Technical Support Center or Emergency Operations Facility in 9007170ff7 900b29 PDR PR 55 55FRi4288 PDR an FPL Group company
0 L-90-242 Page 2 of 3 accordance with licensee emergency plans and procedures. The proposed rule would require that licensed operators be treated differently than all other persons whose performance is governed by FPL's Fitness-for-Duty program. The proposed rule imposes more stringent requirements on the licensed operators, but the NRC offers no [persuasive or compelling] evidence to justify the different treatment of licensed operators. FPL management has great respect for and trust in the Turkey Point and St. Lucie licensed operators and sees no reason for licensed operators to be treated any differently from other plant personnel with respect to the FPL Fitness-for-Duty program.
The Nuclear Management and Resources Council, Inc. (NUMARC) has offered comments on the subject proposed rule. FPL supports these comments and particularly endorses the following NUMARC comment:
The background section of the Federal Register notice states that the purpose of amending the current regulation is to
"...provide a basis for taking enforcement actions against licensed operators..." in regard to fitness-for-duty.
However, the current regulation, 5 55.61(b)(3) & (4), clearly states that licenses can be revoked, suspended, or modified, in whole or in part, "(3) For willfulviolation of, or failure to observe any of the terms and conditions of the Act, or the Commission, or (4) For any conduct determined by the Commission to be a hazard to safe operation of the facility" (emphasis added).
Existing regulations thus provide the basis for enforcement actions against licensed operators for violation of the fitness-for-duty rule making this proposed rule unnecessary.
The proposed rule also would require the operators to report their use of prescription or over-the-counter drugs which could possibly cause physical or mental impairment to the licensee's medical review officer. Under FPL's program, all FPL personnel taking prescribed medication must consult with their physicians to determine whether the drug may have an adverse effect on performance. FPL personnel taking over-the-counter medication must be aware of any adverse effects it (OTC) may have on their performance as defined on the manufacturer's label. If prescribed or OTC medication being taken may have an adverse effect on performance, the individual must notify his/her supervisor immediately upon reporting to work. Failure to inform supervision of taking prescription or OTC medication which may have an adverse effect on performance can result in disciplinary action up to and including discharge for Company employees and denial of access to the nuclear plant sites for contractor employees. In light of the
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L-90-242 Page 3 of 3 Fitness-For-Duty program safeguards outlined above and in the absence of any evidence that licensed operators are of such special concern that justify more stringent treatment, FPL believes that the rule requiring the operators to report the use of prescription drugs or OTC medications to the licensee's medical review officer is unnecessary.
In summary, FPL believes that 1) the current FPL Fitness-For-Duty program adopted pursuant to 10 CFR Part 26 aggressively supports the performance objective of the Fitness-For-Duty regulation and is applied equally to all persons granted unescorted access and, 2) current regulations provide the basis for enforcement actions against licensed operators for violations of Fitness-for-Duty requirements. Therefore, the proposed rule is unnecessary.
FPL appreciates the opportunity to comment on the proposed rule.
We would welcome the opportunity to discuss our comments and concerns with the NRC staff.
Yours very truly W.H. Bohlke Vice President Nuclear Engineering and Licensing
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