ML20207C091

Conveys Support for Any Drug Testing Program Implemented for Util Employees & Contractors Contributing to Policy Described in Encl Jul 1986 Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel

ML20207C091
Person / Time
Site:	Cooper
Issue date:	12/23/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Schaufelberger NEBRASKA PUBLIC POWER DISTRICT
References
NUDOCS 8612300049
Download: ML20207C091 (6)

Text

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1. 'o UNITED STATES 8[ g o NUCLEAR REGULATORY COMMISSION wAsHmaTow, p. c.aosse t j

~s.,o.,,/ December 23, 1986 Docket No. 50-298 l l

Mr. D. E. Schaufelberger President and Chief Executive Officer Nebraska Public Power District P. O. Box 499 Columbus, Nebraska 68601

Dear Mr. Schaufelberger:

The purpose of this letter is to convey formally my support for any drug testing program implemented for Nebraska Public Power District employees and contrattors that contributes to the policy as described in the July 1986 Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel (enclosed).

That Statement indicates that, at a minimum, an acceptable fitness for duty program at a nuclear power plant should include effective drug monitoring and testing procedures to provide reasonable assurance that personnel with access to vital areas of the plant are fit for duty.

While acknowledging the national debate on drug testing, it is expected that operati.ng reactor licensees will take all reasonable precautions to ensure that drug use does not adversely impact the safe operation of nuclear power plants and the public's safety. I encourage the use of Constitutional and effective drug testing methods, as an element of comprehensive fitness for duty programs, to make sure that nuclear power plant personnel are and remain free from the effects of drug use. Licensees may choose to establish and administer proper and effective pre-employment, annual, for cause, accident, random, and other drug testing programs for their employees and contractors with unescorted access to vital areas in their nuclear power plants. With regard to such programs being applicable to U.S. Nuclear Regulatory Commission (NRC) employees requiring access to your plant, the NRC intends to have its own fitness for duty program so it can certify NRC employees. In light of the ongoing Federal program associated with drug testing, there are a number of complex questions that we need to address and which need further study. We will communicate with you later when we have addressed such questions.

It is noted that your current testing programs have resulted in the identifi- ~

cation of drug use by some persons with access to vital areas. I endorse and i

support Nebraska Public Power District's efforts to implement a drug screening and testing program to be responsive to and consistent with the Comission's expectations.

Sincerely, 8612300049 861223 8 PDR ADOCK 0500 p P y ctor S lo, .

Executive Dir ctor for Operations OfN5tement

Mr. D. E. Schaufelberger

• cc w/ enclosure:

Mr. George A. Trevors Division Manager-Nuclear Support Nuclear Power Group Nebraska Public Power District P. O. Box 499 Columbus, Nebraska 68601 --

Mr. G. D. Watson, General Counsel Nebraska Public Power District Post Office Box 4999 Columbus, Nebraska 68601 Mr. Arthur C. Gehr Attorney Snell & Wilmer 3100 Valley Center Phoenix, Arizona 85073 Cooper Nuclear Station ATTN: Mr. G. Horn, Division Manager of Nuclear Operations Post Office Box 98 Brownville, Nebraska 68321 Director Nebraska Department of Environmental Control Post Office Box 94877 State House Station Lincoln, Nebraska 68509 Mr. William Siebert, Commissioner Nemaha County Board of Comissioners Nemaha County Courthouse Auburn, Nebraska 68305 Resident Inspector U.S. Nuclear Regulatory Commission Post Office Box 218 Brownville, Nebraska 68321 ~

H. Ellis Simmons, Director Division of Radiological Health Department of Health 301 Cer.tennial Mall, South Post Office Box 95007 Lincoln, Nebraska 68509

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Mr. D. E. Schaufelberger DISTRIBUTION:

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• f . Federal Regleter / Vol. St. N3.149 / M:nd:y, August 4,1986 / Notices 37921 Commiselon peNoy Statement en abase problems to be a social, medical, the Conunission has decided to defer pleness for Duty of Nueiser power and safety problem affecting every implementation of the rule subject to plant personnel segment of our society.Given the successful lasplementation of fitness for pervasiveness of the problem it must be duty programs by the industry as aesney: Nuclear RegulatorF moognised that it exists to some extent Commissim. described in this Policy Statement. NRC In the nuclearindustry.Ptudence, is publi a separate notice in the actions Policy statement. therefore, requires that the Commission 4 Fedesel withdrawing the consider additional appropriate proposed rule, analysing the commente suasanastv: Dis statement tothe measures to provide reasonable pokey d &' g* on the rule, and explaning its intent to t"Y assurance that a person who is under reassess the possible need for th=8a= tan (NRC) with respect to the inDuence of alcohol or any rulemaking after en 18-month period, if Seness for duty of nuclear power plant substance legal or illegal which affects peonnel and decrees the acdvides circumstances warrant.De following 08 that person's ability to perform duties statement sets forth the Commission's - .

"* . esfely,is not allowed. access to a vital y ' g"'C' licy on Atnew for duty and describes area et a nuclear power nlant. ow it wiu execute its responsibilities in esf;ty of the public.To provide ne nuclear powerindustry, with seasonable assurance that au nuclear assistance from programs dmloped his ama to e && ale ud sde

'of the public. '

power plant personnel with access to~ and coordinated by EEI and the lastitute vital armes at operating plants are fit for of Nuclear Power Operations (INPO), PtBey Statement -

duty,licensus and apphcants am . has made and is continuing to make no Comunission recognises that the dmloping and impimenting Atness for embetantial progress in this area. Industry, through the initiatives of the g

em u Guide to Effective Drug and Alcohol /

"EEI ATask Force on Drug Abuse 2

• nd INPO. ha' d Md i C). EEI*

- Fitness for Duty Pohey Development."It Problems, Policies, and Programs *

3. semains the continuing responsibility of established in tes2 by EEI's Industrial Wloping an dimplem tir nuclear

. the NRC to independently evaluate utility employee Rtness for duty Relations Division Executive Advisory cpplicant development and licensee Consmittee, published guidelines in tess .h th-laalon stream the implementation o(fitness for duty . . to help the industry address the Isive of ance dindudry's initiative and 7 progrease to ensore that desired he'ulta how to establish comprehensive fitness . *. wishes to furth.er N such self.

are cchieved. Nothing in this Policy ..- for duty programs.ney were ypm n ,,,g,.-

Statement limits NRC's authority or subsequently revised in less as the "EEI SuW de counnd succeu M j responsibility to follow up on Guide to Effective Drug and Alcohol / u b operational events or its enforcement Fitness for Duty Policy Development Sine88%or duty programs and NRC'ss laidadm k Citbority when regulatory requirements

• I 88 "

and were provided to all nucl, ear ,  ;

L are not met. However, while evaluating utilities, s the effectiveness of this guidance, the A series of EEI eponsored regional mfrala from new rulmaking a Stam b NRC latends to exercise disention in conferences in the 6tness for duty area for duty of nuclear power plant enforcement matters related to fitness in test and 1983 provided a forum for ""'I I" ' "I"I"*" d 18 "'"O'

/ for duty programs for nuclear power discussion ofindustry concerns related F"'the arom effective date.of this Policy pt:nt personnel and refrain from new to development and implementation of Statement.no Commission's decision ,

rulemaking in this area for a period of at fitness for duty programs. Topics to defw implementation of rulemaking in  ;

le:st la months from the effective date addressed at the conferences included this ama is la recognition of industry ,

f of us ,ohey Statemeni.ne -im ,a,oc%uon. iegai es,eas. eNwts to date and the intent of the th=laalon invites interested membere training, and methods for bandling industry to utilise the eel Guidelines in I of the public to provide coaunents on controDed substances. An industrywide . denloping fitam for duty programs.

I tile policy state:nent. sonference sponsored by EEI in October h Commission wiu mrcin us Se t ntsb o em t see. '"

g,3 , eo n nu a to asommeses:Comunents should be sent been expanded to include information be responsible for evaluating licensee's to: Secretary of the th=ission. U.S. on chemical testing. As a result of efforts in the fitness for duty area to Nuclear Regulatory Commission, lacreased awareness in this area, the verify effectiveness of the industry W:ohington,DC30655. ATIN: programs.ne Commission will reassess Docketing and Service Branch. Hand nuclear industry has worked to develop ,

L, and implement improved fitness for duty the possible need for further NRC action J h deliver comments to: Room 1121.1717 H me.nwe programs concentrate based on the success of those programs

i. Street NW Washington, DC between on e training of managers, supervisors, during the to-month period.

4:15 a.m. and 5 00 p.m. At the Commission's request, the and others in methods for identifying i Pon rusmeest esponesanose coerract: and dealing with personnel potentially industry agreed to undertake a review of

, Imren Bush. Opersting Reactor Programs unfit for duty. the program elements and seceptance

Branch. Office o' inspection and On August 5.19s2, the Commission criteria for a fitness for duty program.

Enforcement. I'.S. Nuclear Regulatory published in the Federal Register a EEI modified and issued the revised

[ Commission. Washington, DC 20555 proposed rule on fitness for duty (47 FR " eel Guideline to Effective Drug and

. t:liphone FA1) 492-aoeo. 33ee0).De proposed rule would have Alcohol / Fitness for Duty Policy 1 supptassWrany esponesanoss: requimd licensees to establish and Development." Further. INPO enhanced L. Implement written procedures for its performance objectives and criteria Intadueden ensuring that personnelin a nuclear for its periodic evaluations to include s' he Nuclear Regulatory Coeunission power plant are fit for duty. Due to the appropriate criteria for fitness for duty.

$ (NRC) recognizes drug and alcol ol laitiatives taken by the nucl,rar industry. Copies of the documents describing the o

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2 711:'.2 - federal Registee / Vol. 51. No.149 / M:nd:y. August 4,19M / Notices - ..E I

.. l N program elements and criteria for fitness Enforessnent

• are several tessons why I believe that for d:ty programs developed by the this would be a better approach.

Q Vidauons dany appl 1M reporung j industry are provided to NRC for review requirement or instances of a person W mosj important mason fw my p cod coanment. being unLt for duty such that plant preference for a rule and specific t ne NRC will evaluate the safety is potentially aHected will be guidelines is that a rule is enformable *4 cffectiveness of utibly fitness for duty subject to the enforcement process. Any while a policy statement is not. With a V programs by its normalreview of NRC staH enforcement action pertaining rule the Canmiselon would have a clear p industry activities. through reviews of to fitness for duty of nuclear power buis for enforcement acun in all cases -

INPO program status and evaluation plant personnel during the 18-month in whid a utility fails to establish and 4 reports, periodic NRC observation of the grace period will be undertaken only maintain an eHective finess for duty y conduct of1NPO evaluations, and direct program.ne NRC has broad authority y wM Commission concunence.

inspections conducted by the NRC's In addition to required reports and Perfornunce AppralaalTeams. Regional inspections. Information requests under under the Atomic Energy Act to take enforcessent action by issuing an order y j

Office, and Resident inspectors. NRC to CFR 5034(f) may be made and should there be an immadiate threat to

^

will clso r.onitor the proyess of enforcement meetings held to ensure public health and safety.ne individuallicensee programs. . understanding of corrective actions. 1rmn=lssion would also be able to take 13y way of further guidance to Orders may be lessed where ne===ary enfmoement action ifit could tie a l , i lienrnees. Commission expectations of to achieve corrective artmna on matters specific safety problem so a lapse in the ,

licensee programs for fitness for duty of affecting plant aafety. . licensee's As==== fa duty program.

nuclear power plant personnel may be in brief. the NRC's decision to use However, theramm1=.lon is unlikely to sunmarized as idlows- discretion in enforcement to recognize be able to do so.Forexample.if a e It is Commission policy that the sale, industry initiauves in no way changes maintenance worker makes a saistake in woe orpossession of alcoholic the NRC's ability to issue orders, call assembling safety equipment because he bevzreges orillegal drugs within enforcement meetings,or suspend is under the infloence of drugs or alcohol protected areas at emdear plant sites lla=na*= shoofd a signi& =nasafety and equipment later malfunctions. It la  ;,

- is unacceptable. problem be found. - unlikely that the true cause of the i e 11is Commission pobey that persons . Nothing in this pohcy Statma shall mistake would be diseovered. In fact.

- within pmtected areas at nuclear limit the authority ofJthe NRC to conduct the probless would most likely be power plant sites shall not be under inspections as deemed nea== mary or to . attributed to some defectin the worker's the influence of any substance. legal take appropriate enfortament action - training. Further, waiting until a specific or illegal, which adversely affects when regulatory requirements are not safety problem surfaces or an immediate their ability to perform theit duties in- met. .

threat occws and then trying to conect tny wayrelated to safety: %e separate views of Commissioner the fitness for duty program after the

• An receptable fitness for duty ,

Asselstine follow.

fact is not the best way to ensure that

. program should at a mir.lmnm include .

This Policy statement is a step in the licensees have effective fitsees for duty the following essential elemerps:

right direction.Hunan erroris a ' ' programs.nus, car general -

dominant factor in the risk associated .* enforcement authority does not provide (1)possession A provision that the sale, sise, ofillegal drugs within the or'.}

• Mth the operation of nuclear . us per we: enoeshWty to, deal wie protected area wiD result in plants.-An adequate fitnese for duty- all potential fitness for duty prehlems in immediste revocation of access to Program is e====H=1 to mduce 1M -

a umelysnanner. Absent aspecanc vit:1 area's and discharge from~ nuclear chance that human error will be ceased. event,it would not allow us to do much power plant activities.%e use of

• by atility persormel i JQ safety. of anything if a Iwwname simply has not related work in a drug or alcohol developed ocimplementad an adequate

' cicohol or abuse of legal drugs within ,

' the protected area will result in irnpared statds policy stownts pmgramN pdcy stauw i immediate revocation of access to puts the Comrnission on record as re;wesents a continuation of the reactive t endorsing the concept of a drag and appmach to regulation which has so 1 vitti areas and possible discharge alcohol free workplace et plant sites, often failed in the past.

from nuclear power plant activities. A second reason ice e preference for

(?) A provision that any other sale. and that is useful.He statement also gives some goldance on what the a rule with adaimum gui[eh'nes is that possession, or use of illegal drugs will Commission expects of licensee ~ fitness the policy atatement is too amorphous.

result in immediate revocatico of for duty programs. However.1 believe Even the " spec 1Ec" guidance the cccess Io vital areas, mandatory Commission does provide is !altly that the Commission should have gone 1 reh:bihtation prior to reinstatement of further. vague.ne policy statement provides access and possible dacharge fmm instead of merely losuing a policy little insight into what the Commission auclear power p!snt activities. statement. the Commission should have considers to be an adequate fitness for (3) Effective monitoring and testing promulgated a rule.He rule should be a duty program or what standard the staff pmcedures to provide reasonable relatively simple, nongnaiptive rule is supposed to use as it monitors the cssurance that nuclear power plant which would do two things. First. It progress of the ladustry over the next personnel with access to vital areas would prohibit anyone whois unfit for elghteen months. -

are h1 for duty. duty from being permitted access to %e Comrnission should work together

%e industry. by periodic briefings or vital areas of plants.Second,it would with the tridustry to identify the ~

cther appmpriate methods. is expected require licensees to have a program and essential elements of an edequate is keep the Commission informed on procedures to ensure that no one who is fitness for duty program. While the program status.%e NRC may also fmm unfit for duty gains access to vital areas. policy statement comments favorably time to time ask individual licensees to The Commission should then work with upon the EEI Fuldelines developed by i provide such infonnstion as the the indostry to develop guidance on the industry, those guidelines are l Commission may need to assess , what are the essential elements of an optional, not mandatory.%e utilities program adequacy, adequate fitness for duty pmgram.Dere can, therefore, pick and choose among ,

i

e e

Fedecal Registee / Vol. 51, NA 149 / M ndry. August 4.1986 / Notices 279 3 hV the'various elements and decide For the Nuclear Regulatory Commission.

ondents: Dese whether to include them in their tamde W. zach. ir, Description forma describe oft Reske rights and e programs. Moreover, the eel guidelines Chairmon. responsibilities of the SBA. a lender.

themselves are quite general in nature.

(FR Doc. 86-17497 Filed 6-1-86 s 45 am) and the investor when the guaranteed and are subject to varying muses ecos renc-m portion of a loan is sold.

interpretations. Absent further guidance Anrual Responses: 3.200 on what is an acceptable fitness fpr duty Annasl Burden flours: 12.000 program. the utilities can and probably Type oMequat: Extension will adopt widely differing approaches SMALt. BUSINESS ADMINISTRATION on such elements as chemical testing

Title:

Profile of Score / ACE Volunteer Agency information Collection with intemational trade experience cnd offsite drug use. Not all approaches Activities Form no. SBA 1202 cre likely to be acceptable.The .

Frequency: On occasion Commission should not wait until18 Actiosc Notice of reporting requirementa submitted for review. Description of Respondents:Information months from now, when all the utilities le collected by SCORE / ACE chapters cre supposed to have their programs in sucessAsm Under the provisions of the pl:ce, to let the industry know whether when new members loin the Paperwork Reduction Act (44 U.S.C. organization,if theyhave the Commission agrees with what they Chapter 35). agencies are required to international trade experience.

have done.The Commission and the submit proposed reporting and Annual Responses: 500 industry ought to decide now which recordkeeping requirements to OMB for Annual Burden Hours: 34 clements are absolutely essential to an review and approval, and to publish a Type of Request: Extension cdequate program, and then everyone notice in the Federal Register notifying

Title:

Financial assistance request to will be working from a common base of the public that the agency has made participate in Intemational Trade enderstanding. such a submission. Exhibition or mission The Commission and the industry DATE: Comments should be submitted . Form no. SBA 1309 thruld also establish the specific criteria within 21 days of this publication in the Frequency: On occasion

- against which individuallicensee Federal Register. If you intend to Description of Respondents:De

. programs will be evaluated so that the comment but cannot prepare comments information requested is necessary for ground rules for evaluating programs Promptly. please advise the OMB - - SBA to evaluate a firm's eligibility to cnd for monitoring progress will be in Reviewer and the Agency Clearance .-Teceive a grartt or financial assistance pl:ce before the 18 month monitoring, Officer before the deadline. to participate in an international trade .

period begins. Absent suchJuldelines. It Copies: Copin of fonns, request for exhibition or mission.

is difficult to see how INPO and NRC clearance (S.F. 83s), supporting Annual Responses:100 ctaff reviews of these programs will statements. instructions, and other . Annual Burden Hours:175 provide any meaningfulinsights as to documents submitted to OMB for review Type of Request: Extension their adequacy, may be obtained from the Agency

Title:

Client Export File the ud e n dv ^ "

e r d to O Rev " E "" " " *i "

cnsure that all utilities meet at least a .

Description of Respondents: %is minimum set of standards.1 believe the N N NAmm CMAR informaHon is neensary in orda to C:mmission should issued a rule and Agency Clearance Officer: Richard identify the firm's needs and is used sh uld establish guidance,in Virachero. Small Business to create a program of export cooperation with the industry, on just Administration.1441 L Street. NW., development for the small business cxactly what are the essential elements Room 200, WsWngton DC 2006, requunng coundng in MtunaW cf a fitness for duty program. Telephone:(202) 653-8538 trade.

The additional views of the OMB Reviewer: Patricia Aronsson Annual Responses: 5.000 ccmmission follow: Office ofInformation and Regulatory Annual Burden Hours:850 Affairs. Office of Management and Type of Requer.t: Extension The Commission does not share Budget. New Executive Office Ccmmissioner Asselstine e great -

Title:

Personal Financial Sta tement Building. Washington DC 20503 Form no. SBA 413 concern about the legally non. binding Telephone:(202) 395-7231 character of the policy statement per se. Frequency: On occasion Thr Commission s hands are not tied if

Title:

Executive Qualifications Description of Respondents:This it finds inadequate compliance with Questionnaire information is used to assist the Frequency: On occasion Agency in determining the financial straight forward end explicit policy guidelines.The Atomic Energy Act Description of Respondents: This strength of an individual for a loan or information is requested from loan guaranteed by SDA.

c:nfers broad authority for the applicants for SES positions to assist Annual Responses: 78.500 C:mmission to take prompt enforcement in evaluating qualifications for a Annual Burden Hours: 76.500 action should any licensee facility. in vacancy.'

the Commission's judgment, not be Type of Request: Revision Annual Responses: 400

Title:

Inquiry Record cperated in a manner that protects the Annual Burden Hours:400 Form no. SBA 149 public health and safety. A policy Type of Request: Extennion st:tzment, at this juncture, offers the Frequency: On occasion quici est means to achieve the end we

Title:

Secondary Participation Cuaranty Description of Respondents: This cfi desire. and Certification Agreement and information is required at the time of Request for Certification interview so that the applicant can D: led at Washmston. DC. this 30th day of Form nos. SDA 1085.1066 luty 198a. communicate the loan needs to Frequency: On occasion agency, and to determine the size and J

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