ML14055A371
| ML14055A371 | |
| Person / Time | |
|---|---|
| Site: | Limerick, 05562256  |
| Issue date: | 02/24/2014 |
| From: | Bill Dean Region 1 Administrator |
| To: | Mchugh L - No Known Affiliation |
| William Dean | |
| References | |
| IA-14-002 | |
| Download: ML14055A371 (7) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., SUITE 100 KING OF PRUSSIA, PA 19406-2713 February 24, 2014 IA-14-002 Mr. Lane McHugh HOME ADDRESS DELETED UNDER 10 CFR 2.390
SUBJECT:
NOTICE OF VIOLATION
Dear Mr. McHugh:
The U.S. Nuclear Regulatory Commission (NRC) received notification on December 17, 2013, from Exelon Generation Company (Exelon), indicating that you had tested positive for alcohol during a random fitness-for-duty test the previous day, while you were working as a Reactor Operator at Exelons Limerick Generating Station (Limerick). Exelon also indicated that you were removed from licensed duties immediately following the test.
In a letter dated December 19, 2013 (ML13354B796)1, the NRC requested additional information from Exelon regarding this occurrence, including: (1) your specific duties on December 16, 2013; (2) whether there were any procedural errors or other operational impacts related to this occurrence; and, (3) Exelons intentions with regard to your resumption of licensed duties. Exelon responded to the NRC in a letter dated January 17, 2014 (non-public due to personal privacy information), a copy of which was provided to you by the licensee. In a separate letter dated December 20, 2013 (non-public due to personal privacy information),
Exelon requested termination of your 10 CFR Part 55 license.
Based on the information provided by Exelon in the December 17, 2013, notification and the subsequent letters dated December 20, 2013, and January 17, 2014, the NRC has concluded that you were under the influence of alcohol while performing activities at Limerick authorized by your license. This constitutes a violation of 10 CFR 55.53(j).
CERTIFIED MAIL RETURN RECEIPT REQUESTED 1
Designation in parentheses refers to an Agency-wide Documents Access and Management System (ADAMS) accession number. Unless otherwise noted, documents referenced in this letter are publicly-available using the accession number in ADAMS.
L. McHugh 2 During a telephone conversation with Marjorie McLaughlin of my staff on February 7, 2014, the NRC provided you the opportunity to address the apparent violation by either attending a pre-decisional enforcement conference (PEC) or by providing a written response before the NRC made its final enforcement decision. In that conversation, you indicated that you did not intend to submit a written response and that a PEC was not necessary. Accordingly, based on the information provided by Exelon, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) (Enclosure 1).
The purpose of the Commissions fitness-for-duty requirements is to provide reasonable assurance that nuclear power plant personnel work in an environment that is free from drugs and alcohol, and the effects of the use of these substances. Performing licensed activities while under the influence of alcohol is a serious matter that undermines the special trust and confidence placed in you as a licensed operator. Therefore, the violation is categorized as a Severity Level III violation in accordance with the NRC Enforcement Policy. The NRC Enforcement Policy can be found on the NRC website at www.nrc.gov; select Public Meetings
& Involvement, Enforcement, and then Enforcement Policy.
Since you no longer have an NRC license, as Exelon requested it to be terminated on December 20, 2013, you are not required to respond to this letter at this time. However, should you apply for a 10 CFR Part 55 license in the future, you will be required, pursuant to the provisions of 10 CFR 2.201, to submit a written response to the violation with your application.
In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice. Please note that, in accordance with 10 CFR 26.75(e), future similar violations will substantially affect your authorization for unescorted access to the protected area of a licensed facility.
The NRC intends to place a copy of this letter, the enclosed Notice, and Exelons letters dated December 20, 2013, and January 17, 2014, in your 10 CFR Part 55 docket file. Additionally, in accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if one is provided, will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).
L. McHugh 3 In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly-accessible, includes all records pertaining to individuals who are being considered for, or have been considered for enforcement action, whether such action was taken or not. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Sincerely,
/RA David C. Lew for:/
William M. Dean Regional Administrator
Enclosure:
Notice of Violation cc (w/encl):
Michael J. Pacilio, Senior Vice President (Exelon Generation Company LLC), President and Chief Nuclear Officer (Exelon Nuclear)
L. McHugh 4 DISTRIBUTION w/encl:
SECY RidsSecyMailCenter OEMAIL OEMAIL Resource OEWEB OEWEB Resource M Satorius, EDO RidsEdoMailCenter M Johnson, DEDR R Zimmerman, OE RidsOeMailCenter A Campbell, OE N Hilton, OE N Hasan, OE G Gulla, OE E Leeds, NRR RidsNrrOd Resource D Dorman, NRR J Uhle, NRR C Sanders, NRR Enforcement Coordinators RII, RIII, RIV (C Evans, S Orth, V Campbell)
C Scott, OGC RidsOgcMailCenter M Lemoncelli, OGC H Harrington, OPA RidsOpaMail Resource H Bell, OIG Rids OigMailCenter C McCrary, OI RidsOiMailCenter L Bates, OCFO RIDSOcfoMailCenter M Williams, OCFO W Dean, RA/RI R1ORAMail Resource D Lew, DRA/RI D Screnci, PAO-RI / N Sheehan, PAO-RI N McNamara, SLO-RI / D Tifft, SLO-RI R Lorson, DRS R1DRSMail Resource J Trapp, DRS D Jackson, DRS M Scott, DRP R1DRPMail Resource E Benner, DRP E DiPaolo, SRI J Ayala, RI F Bower, DRP B Klukan, Esq, RI B Bickett, RI C Crisden, RI M McLaughlin, RI D Bearde, RI Region I OE Files (with concurrences)
L. McHugh 3 In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly-accessible, includes all records pertaining to individuals who are being considered for, or have been considered for enforcement action, whether such action was taken or not. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Sincerely,
/RA David C. Lew for:/
William M. Dean Regional Administrator
Enclosure:
Notice of Violation cc (w/encl):
Michael J. Pacilio, Senior Vice President (Exelon Generation Company LLC), President and Chief Nuclear Officer (Exelon Nuclear)
S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Limerick RO FFD NOV-III IA-14-002.docx ADAMS Document Accession No.:ML14055A371 X Non-Sensitive X Publicly Available X SUNSI Review/
Sensitive Non-Publicly Available OFFICE RI/ORA RI/DRS RI/DRP RI/DRP RI/ DRS RI/ORA M McLaughlin/ D Jackson via NAME F Bower/ FLB* M Scott/ MLS* R Lorson/ RKL* B Klukan/ BMK*
MMM* email DATE 2/10/14 2/10/14 2/11/14 2/11/14 2/12/14 2/18/14 OFFICE RI/ ORA RA/
NAME B Bickett/ W Dean/DCL for DATE 02/19/14 02/21/14
- See previous concurrence page OFFICIAL RECORD COPY
NOTICE OF VIOLATION Lane McHugh Docket No. 55-62256
[HOME ADDRESS DELETED License No. OP-11338-2 UNDER 10 CFR 2.390] IA-14-002 As a result of information provided by Exelon Generation Company (Exelon) during a telephone conversation on December 17, 2013, and in a letter dated January 17, 2014, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 55.53(j) states, in part, that an (individual) licensee shall not perform activities authorized by a license while under the influence of alcohol.
Contrary to the above, during the approximate period of 6:10 PM to 8:00 PM on December 16, 2013, you performed activities authorized under your NRC reactor operator license (OP-11338-2) at the Limerick Generating Station, while under the influence of alcohol. These activities included serving as the Plant Reactor Operator and being credited to provide Fire Safe Shutdown response. You also performed an annunciator panel test of certain Main Control Room panels, performed a peer check for a reactor recirculation core flow adjustment, and collected data for the daily surveillance test log for the common unit.
Exelon identified that you were under the influence via a random test administered to you on that date as part of its fitness-for-duty (FFD) program. The random FFD test yielded a confirmed positive result for alcohol.
This is a Severity Level III violation (Example 6.4).
Since you no longer have an NRC license, as Exelon requested it to be terminated on December 20, 2013, you are not required to respond to this Notice of Violation at this time.
However, should you apply for a 10 CFR Part 55 license in the future, you will be required, pursuant to the provisions of 10 CFR 2.201, to submit a written response to the violation with your application. This reply should be clearly marked as a "Reply to a Notice of Violation; IA 002" and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance was/will be achieved.
In such case, the reply should be addressed to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region I, 2100 Renaissance Boulevard, King of Prussia, PA 19406, and marked "Open by Addressee Only. If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because your response will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agency-wide Documents Access and Management
Notice of Violation 2 System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g.,
explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
This letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly-accessible, includes all records pertaining to individuals who are being or have been considered for enforcement action, whether such action was taken or not. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Dated this 24th day of February, 2014.