JPN-90-050, Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary

Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary

ML20055F456
Person / Time
Site:	Indian Point, FitzPatrick
Issue date:	07/02/1990
From:	Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-55FR14288, FRN-56FR32066, RULE-PR-55 55FR14288-00033, 55FR14288-33, AD55-2-39, IPN-90-035, IPN-90-35, JPN-90-050, JPN-90-50, NUDOCS 9007170131
Download: ML20055F456 (2)

Text

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& Authority _ 30 JL -6 P3 :53 John C. Brons k%*o%[37'" l July 2, 1990 IPN-90-035 ' h ' h y $-h y. y 4 JPN-90-050 3

. Agcy h Secretary of the Commission; U.S. Nuclear Regulatory Commission .

6: Washington,'D.C. 20555 L .;

[' Attn: Docketing and Servicing Branch l> .

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Subject:

Indian Point 3 Nuclear Power A' ant K Docket No. 50 286 James A. FitrPatrick Nuclear Power Plant T Docket No. 50 333 '!

Fitness-for-Duty Requirements for Licensed Operators

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Reference:

.1. . NRC Notice of Proposed Rulemaidngt 55 FR 14268, dated April 17,1990.

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Dear Sir:

The New York Power Authority has reviewed and evaluated the referenced notice of

' proposed rulemaking. The proposed revisions to the NRC's regulations specify tha the _

conditions and cutoff levels established by licensee's Fitness for. Duty programs are appocable to - .!

, licensed operators as a condition of their license. This letter provides the Authority's comments ; i

,j lon the poposed rule.

lC e' y ~

(The Nuclear Management and Resources Council (NUMARC) has reviewed the proposed

1. rule and believes ti rule is unnecessary. The Authority, a member of NUMARC, endorses the <

L l NUMARC position. Tne Authority's specific comments are provided below. , ,

ll,f / # .The Federal Register notice states that the intent of the rule is f.o "... provide a basis for

% taking enforcement actions against licensed operators..." with respect to fitness for duty.

lM , , ; The Author'ty r fully supports the NRC's positior, that high standards of fitness-for duty for all L" '

g personnel with access to the protected areas of commercial nuclear power plants are vital in ,

j4 1 assuring the safe operation of these facilities. The Authority believes that existing reguletions (10' c? , .CFR 55.61(b)(4 and (4)) provide the basis for enforcement actions against licensed operators for.

violations of the Fitness for Duty rule.. Therefore, the propcsod rule is unnecessary. '

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The language of the Fitness-for Duty rule (10 CFR 26) makes the rule applicable to all

@ , personnel with unescorted access to the protected areas of nuclear power plants. The proposed z f '

~ rule would place more stringent restrictions on licensed operators. This proposed rule appears to uL L challenge the operators' professionalism, at a time when the industry is striving to enhance the 9")O7170131 l900702 PDR PR 55.55FR14288; PDR g Q

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- professionalism of all personnel. T'ns challenge can only serve to undermine the morale of inis highly. professional group of empicyees. By placing restrictions on licensed operators that are more stringent than those already in 10 CFR 26, the rule would also seem to question the 4

effectiveness of 10 CFR 26 in regulating the fitness for duty of non-licensed personnel.

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. In summary, the current regulations provide adequate basis for enforcement actions against licensed operators, making the proposed rule unnecessary. Should you or your staff have any questions regarding this matter, please contact Mr. P. Kokolakis or Mr. J. Ellmers of my staff.

Very truly yours, 1 -

i 'Y

']hohn C. Brons

,5 Executive Vice President -

') Nuclear Generation cc: U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident inspectoris Office Indian Point 3-U.S. Nuclear Regulatory Commission P.O. Box 337 Buchanan, NY 10511

- Office of the Resident inspector U.S. Nuclear Regulatory Commission P.O. Box 136 P Lycoming, NY.13093 Mr. J. D. Neighbors, Sr. Project Manager Project Dir6ctorate 11 Division of React.or Projects 1/II U.S. Nuclear Regulatory Commission Mail Stop 1482

-Washington,D.C. 20555 Mr. D. E.laBarge ProjectDirectorate I 1 Division of Reactor Projects-l/II U.S. Nuclear Regulatory Commission Mall Stop 1482 Washington, D.C. h 13 Y