ML102950138

Letter to Robert B. Hilton - Notice of Violation and Expiration of License (Redacted) - This Is the Public Version to Be Released 45 Days After October 20, 2010. (I.E. December 6, 2010)

ML102950138
Person / Time
Site:	Hatch
Issue date:	10/20/2010
From:	Christopher Miller Division of Reactor Safety II
To:	Hilton R B - No Known Affiliation
References
IA-10-037
Download: ML102950138 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 October 20, 2010 IA-10-037 Mr. Robert B. Hilton

[HOME ADDRESS DELETED UNDER 10 CFR 2.390]

SUBJECT:

NOTICE OF VIOLATION AND EXPIRATION OF LICENSE

Dear Mr. Hilton:

The Nuclear Regulatory Commission (NRC) has received a letter dated August 6, 2010, from Southern Nuclear Operating Company, Inc. (SNC), informing us that SNC no longer has a need to maintain your operating license for the Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2. We also received a letter dated September 9, 2010, from SNC containing information about your confirmed positive test for marijuana following random testing on July 19, 2010. We plan to place both of the letters from SNC in your 10 CFR Part 55 docket file.

In accordance with 10 CFR 55.55(a), the determination by your facility licensee that you no longer need to maintain a license has caused your license [LICENSE DELETED UNDER 10 CFR 2.390] to expire as of August 6, 2010. In addition, the following violation is being issued on your docket:

10 CFR 55.53(j) states "The licensee shall not use, possess, or sell any illegal drugs."

Contrary to the above, on July 26, 2010, SNC notified the NRC (Event Report 46128) that you used an illegal drug, as indicated by a random drug test conducted on July 19, 2010. This is a Severity Level III violation.

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 III violation in accordance with the NRC Enforcement Policy. 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 II, 245 Peachtree Center Avenue, NE Suite 1200, Atlanta, Georgia 30303-1257, and marked, "Open by Addressee Only - Response to a Notice of Violation; IA-10-037."

R. Hilton 2 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 CFR 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-for-duty and other license requirements and conditions.

In accordance with Section 2.390 of the NRC's "Rules of Practice," Part 2, Title 10, Code of Federal Regulations, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. A copy of this letter with your address, license and docket numbers removed will be made available to the Public unless you provide a sufficient basis to withdraw this violation within the 30 days specified above for a response to this Notice of Violation. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov; select About NRC, How We Regulate, Oversight and then Enforcement. 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." 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/foia-privacy.html. Should you have any questions concerning this action, please contact Mr. Malcolm Widmann of my staff. Mr. Widmann can be reached at either the address listed above or at 404-997-4550.

Sincerely, /RA: Original signed by H. Christensen for/

Christopher G. Miller, Acting Director Division of Reactor Safety Docket No. [DOCKET DELETED UNDER 10 CFR 2.390] License No. [LICENSE DELETED UNDER 10 CFR 2.390]

cc: Mr. Dennis R. Madison Vice President, SNC, Inc.

CERTIFIED MAIL NO. 7006 0810 0000 9473 6153 RETURN RECEIPT

_________________________

G SUNSI REVIEW COMPLETE OFFICE RII:EICS RII:DRS RII:DRS SIGNATURE NAME C. EVANS M.WIDMANN H. CHRISTENSEN DATE 10/ /2010 10/ /2010 10/ /2010 10/ /2010 10/ /2010 10/ /2010 10/ /2010 E-MAIL COPY? YES NO YES NO YES NO YES N O YES NO YES NO YES NO