NRC-90-0158, Comment on Proposed Rule 10CFR26 Re Fitness for Duty Programs.Util Endorses NUMARC Comments

Comment on Proposed Rule 10CFR26 Re Fitness for Duty Programs.Util Endorses NUMARC Comments

ML20058G528
Person / Time
Site:	Fermi
Issue date:	10/26/1990
From:	Orser W DETROIT EDISON CO.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
CON-NRC-90-0158, CON-NRC-90-158, FRN-55FR35648, RULE-PR-26 55FR35648-00016, 55FR35648-16, NUDOCS 9011130250
Download: ML20058G528 (2)

Text

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Cctober 26, 1990

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NIC-90-0158 Secretary U. S. Nuclear Pegulatory Commission Washington, D. C. 20555 Attn Docketing aM Services Branch

References:

1) Fermi 2 NfC Docket No. 50-341 NIC License No. NPF-43

2) Proposed Rule on Fitness For Duty Prograns, l

Federal Register Vol. 55, No.170,-

FR Doc. 90-20610, date August 30, 1990 i'

Subject:

Prooosed Chanae to 10 CFR 26 Fitness-For-Duty Proarafns The NIC proposes to change 10 CFR 26 to specifically prohibit licensees from removing or tenporarily suspending an individual's -

unescorted access based colely on unconfirned initial positive

' screening test results in the absence of other evidence that the individual is inpaired or might otherwise pose-a safety hazard.

As a practical matter, this proposal has no affect on Fermi 2's Fitness For Duty program, since we do nt : currently perform on-site

-initial screening. It is nonetheless qpropriate to conurent on this proposal for several reasons:

1. The NIC staff's rationale that ". . . there are substance abusers working in each nuclear power plant" (SECY-89-030A, .page 2) inplies that one more for a few more days shouldn't affect safe plant operation. We feel it'is not acceptable or prudent to allow even a suspected substance abuser to remain in a nuclear facility.

2. The Staff's reliance on other provisions of the rule requiring removal "for cause" is risky, since it is based on the assunption .

that inpairnent is readily detectzble. While inpairnent due to

.consunption of alcohol may in fact be detectable, such is not the i case with most other drugs. Drug use is not necessarily reflected by physical synptoms such as slurred speech and an awkward gait, but instead af fects an individual's ability to make judgenents.

9011130250 901026 PDR PR pon 26 55FR35648 cp

Pj y Secretary Cetober 26, 1990 NIC-90-0158 i Page 2 l

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3. The Staff's position on this issue appears to be driven by a l sense of concern for enployee privacy, a concern we stare. I However, the nunber of instances where an enployee would be renoved after an initial positive screen that was subsequently I not confirmed is not expected to be widespread. Based on our experience and some limited in$ustry data, Detroit Edison could  :

expect to experience 0.2 " unconfirmed positives" each year, or one instance every five pars. Safeguards are necessary to assure enployee protection, of Course, but risk of harm to an individual is low.

4. This proposed rule change effectively prevents licensee managenent from acting prudently and responsibly in the interest of the public health and safety. Relevant provisions of the current rule should stand if for no other reason.

Additionally, Detroit Edison fully en$orses comnents submitted separately by NUOJC.

We appreciate the opportunity to conment on this proposed rule change.

Sincerely, DV l

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