ML20058G634

Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty Program

ML20058G634
Person / Time
Site:	Indian Point
Issue date:	10/30/1990
From:	Bram S CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-55FR35648, RULE-PR-26 55FR35648-00022, 55FR35648-22, NUDOCS 9011130323
Download: ML20058G634 (2)

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Stephen B. Bram d

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, x- m .__. 3 Consoudated Edison Cornpany of New York. Inc. (55 M 35&&) ;yg Ind'an Point Station Broadway & Bleakley Avenue October 30, 1990 J*C et n Te optone 1 737 8116 No. h 2 2 NC 3 9:m j r.H - r.

Secretary D0CFi. : A '. - '

US Nuclear Regulatory Commission **M Vashington, DC 20555 ATTENTION: Docketing and Services Branch

REFERENCE:

' Proposed Rules Fitness-For-Duty Program Nuclear Power Plant Personnel, 55 Fed. Reg. 35648 (August 31, 1990)

Dear Sire Consolidated Edison Company of New York, Inc. (" Con Edison"), licensee of Indian Point Unit No. 2, welcomes the opportunity to express its views to the Commission on the referenced Proposed Rule pertaining to an amendment of NRC's fitness-for-duty programs (10 CFR Part 26). For the reasons set forth below Con Edison opposes the Proposed Rule, which would prohibit a licensee

~from taking action against an individual based solely on preliminary drug test results.

Although Con Edison's fitness-for-duty program is structured to avoid the particular issue addressed in the proposed rule, we agree with the views expressed by Chairman Carr and supported by Commissioner Remick in the Federal Register notice to the effect that the proposed amendment may unduly restrict licensees from taking prudent action in situations where the utility's initial test results indicated a high probability of illegal drug ,

usage by individuals having unescorted access to a nuclear facility. As ve understand the current practices which would be affected by the proposed rule, a preliminary " false positive". test result would erroneously suggest that the .affected individual had engaged in the use of a proscribed substance, and result in'his or her temporary assignment. to other job functions not _ involving unescorted access pending receipt of final confirmatory test results. However, if'a licensee's experience indicates that -preliminary " false positives" are infrequently . encountered for particular test substances, and that a high- percentage of preliminary

_ positives are In fact confirmed by subsequent, more sophisticated test results, then in our own view licensees should- Se permitted to utilize, at their discretion, preliminary test results for access control because of the paramount _need of licensees to protect public health and safety.

In light of the direct and apparent safety considerations associated with nuclear power plant access controls, licensees should'be able themselves to determine the parameters of their testing programs, and to exercise their best judgment as to whether such access should be rescinded pending confirmatory results.

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-Con ~ Edison is pleased to have had thisfopportunity for comment. Ve also i endorse- the contents on fitness-for-duty submitted in response to the Proposed Rule by.the Nuclear Management and Resources Council.

Very truly yours, e,

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