ML20127N700

Advises That License SOP-10067 Expired as of 921105 Per Facility Determination & Violation Issued on Docket for Use of Marijuana as Evidenced by Positive Drug Test

ML20127N700
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	12/11/1992
From:	Hodges M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Gosse R AFFILIATION NOT ASSIGNED
References
EA-92-182, NUDOCS 9302010037
Download: ML20127N700 (3)

Text

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             ,,,                                                                                476 ALLENDALE HOAo
        '+**'                                            KING OF PRUSSIA, PENNSYLVANIA 19406 Docket No. 55-07780                                                                                                       CliRTIFIED MAIL License No. SOP-10067                                                                                                      RETURN RECEIPT REQUESTED EA No. 92182 Ronald W. Gosse

[IlOME ADDRESS DELETED UNDI:lt 10 CFR 2.790]

Dear Mr. Gosse:

SUllJECT: NOTICE OF VIOLAT!ON AND EXPIRATION OF LICENSE The Nuclear Regulatory Commission (NRC) has received a letter dated Novcmber 5,1992, from the Connecticut Yankee Atomic Power Company (Connecticut Yankee), informing us that Connecticut Yankee no longer has a need to maintain your operating Ilcense for the lladdam Neck Nuclear Power Plant. We also received a letter dated November 4,1992, from Connecticut Yankee containing information about your confirmed positive test for marijuana (copies of each letter are enclosed). We plan to place both of these letters in your 10 CFR Part 55 docket file. In accordance with 10 CFR Part 55.55(a), the determination by your facility licensee that you no longer need to maintain a license has caused your license, SOP-10067, to expire as of November 5,1992, in addition, the following violation is being issued on your docket: 10 CFR 55.530) prohibits the use of marijuana and prohibits the licensee from performing activities authorized by a license issued under 10 CFR Part 55 while under the innuence of marijuana. *Under the innuence" is defined in 10 CFR 55.53(j) to mear that the " licensee exceeded, as evidenced by a confirmed positive test, the lower of the cutoff levels for drugs or alcohol contained in 10 CFR Part 26, Appendix A, of this chapter, or as established by the facility licensee. Contrary to the above, you violated 10 CFR 55.530), as evidenced by the following examples: A. You used marijuana, as evidenced by a con 6rmed positive test for that drug, resulting from a urine sample submitted on September 19, 1992.

11. You also performed licensed duties on September 19, 1992, immediately after the submission of a urine sample, which indicated that you were under the [jf- g

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innuence of marijuana. l 0j)l>,, \ M. j][LlIlth 9a02o10oa7 92121i PLtR G ADOCK 05000213 PDR f y b'M N . A)I N. ge@ {;(G b(@A j

Mr. Ronald W. Gosse 2 This is a Severity Level til violation (Supplement Vil). The purpose of the Commission's Fitness-for-Duty 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 illegal drugs is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. This violation is categorized as a Severity Level 111 violation in accordance with the, " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, because the use of marijuana by licensed operators is a significant regulatory concern. Because your license has expired, you are not required to respond to the Notice of Violation at this time, unless you contest the violation. Should you contest the Notice of Violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the Regional ' Administrator, NRC Region 1,475 Allendale Road, King of P ussia, PA 19406. The purpose of this letter is to make clear to you the consequences of your violation of NRC requirements governing fitness for duty as a licensed operator, in accordance with 10 CFR Part 55. If you reapply for an operating license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CPR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in you as a licensed operator and to abide by all fitness forduty and other license requirements and conditions. In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, enforcement actions are placed in the NRC Public Document Room (PDR). A copy of this letter, with its enclosures and with your address removed, will be placed in the PDR, unless you provide a sufficient basis to withdraw this violation within the 30 days specified above for a response to this Notice of Violation, Should you have any questions concerning this action, please contact Mr. Lee H. Bettenhausen of my staff. Mr. Bettenhausen can be reached at (215) 337-5291. Sincerely, M [ Marvin W. Hodges, Director Division of Reactor Safety

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     ~ Mr. Ronald W, Gosse                          3                                                                   ;
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Enclosures:

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1. Ietter dated November 4,1992

2. letter dated November 5,1992 .

I hn tet0,"hi!cYre$ident l PublicDocumentRoom(PDR) Ltr dtd November 4,1992 w/o enclosure or attachment  ! Ltr dtd November 5, 1992 . a

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CONNECTICUT YANKEE ATOMIC POWER COMPANY HADDAM NECK PLANT 302 INJUN HOLLOW ACAD e EAST HAMPTON. CT 06424-3099 Noverrber 5, 1992 Docket No. 50-213 Ret 10CFR50.74(a) U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D. C. 20555

REFERENCE:

Facility Operating License No. DPR-61 Docket No. 50-213 Notification of Change in Operctor Status Gentlemen: Connecticut Yankee Atomic Power Company (CYAPCO) has determined that the following individual no longer has a need to maintain his Senior Operator License on the Haddam Neck Plant. This determination was made on October 14, 1992. Ronald W. Gosse SOP-10067 Docket 55-7780 In a letter dated October 15, 1992,(1)CYAPCO formally notified Region I of this determination. If you have any questions concerning this matter, please contact us. Very truly yours, CONNECTICUT YANKEE ATOMIC POWER COMPANY John P. Stetz t

                              '/                 Vice President Q

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       * ' _.       r. y  ,- -(                 Haddam Neck Plant JPS/bom                               .E D "D b 2 M cc:          Mr. Thomas T.            ,, Regional I Administrator William Raymond, Martir(ior Resident Inspector, Haddam Neck Plant Sen R. M. Kacich, Director, Nuclear Licensing UI          -J. P. Stetz letter to T. T. Martin, dated October 15, 1992 me. . on, . ..

NORTHEAST UTILITIES o.n.,.i On.c.. . seioon si, i. a.run, connocucui 1 UiU. $[.5 : P.O. DOX 270 HART F000, CONNECTICUT (61410270 [.*'C7*[

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k k J m w m [ ,.. w .m (203) 665-5000 November 4, 1992 Docket No. 50-211 1114273 Re: 10CFR26 Mr. T. T. Martin, Regional Administrator U.S. Nuclear Regulatory Commission Region 1 475 Allendale Road King of Prussia, PA 19406 Gentlemen: Haddam Neck Plant ' Licensed Operator Positive Drua Test' On September 28, 1992, Connecticut Yankee Atomic Power Company (CYAPC0)' , informed the Staff, pursuant to 10CFR26, of a confirmed positive test for marijuana following a fitness for duty test on September 19, 1992. The Staff responded with a - request for : additional information on October 2, 1992.'" The purpose of this letter is to respond to the seven (7) questions posed -by ' the Staff regarding the circumstances surrounding this positive test. . Also included .is an affidavit requesting that the information provided in-Attachment I be withheld from public disclosure-pursuant to 100FR2.790(b). If there are any remaining concerns or questions regarding this incident, please contact my staff. Very truly yours, CONNECTICUT YANKEE ATOMIC POWER COMPANY FOR: J. F. Opeka Executive Vice President , BY:  ?- ( c y E. A. DeBarba Vice President cc: see page 2

        -(l)    M. W. Hodges letter to J. f. Opeka, " Licensed Operator Positive Drug Test," dated.0ctober 2, 1992.

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