ML20148P892
| ML20148P892 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 06/25/1997 |
| From: | Jaudon J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mccoy C SOUTHERN NUCLEAR OPERATING CO. |
| Shared Package | |
| ML20148P897 | List: |
| References | |
| 50-424-97-03, 50-424-97-3, 50-425-97-03, 50-425-97-3, EA-97-208, NUDOCS 9707030105 | |
| Download: ML20148P892 (4) | |
See also: IR 05000424/1997003
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June 25, 1997
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EA 97 208
Southern Nuclear Operating Company, Inc.
ATTN:
Mr. C. K. McCoy
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Vice President
P. O. Box 1295
Birmingham, AL 35201-1295
SUBJECT:
(NRC INSPECTION REPORT NOS. 50 424. 425/97-03)
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Dear Mr. McCoy:
This refers to an inspection conducted during the period March 3 - 7, 1997, at
the Vogtle Electric Generating Plant. The ins)ection was conducted to review
various aspects of your Fitness for Duty and P1ysical Security programs. The
results of this inspection were discussed with members of your staff on
March 7,1997, and were formally transmitted to you by letter dated April 4,
1997.
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As addressed in the subject inspection report, two issues were identified
associated with the apparent failure to protect the confidentiality of the
results of an individual's preliminary drug screening test in accordance with
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10 CFR 26.24(d)(1) and the failure to protect >ersonal information
appropriately in accordance with 10 CFR 26.29()). These two issues were
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identified in our inspection report as Unresolved Items (URI) 50 424, 425/
97 03 01 and 50 424, 425/97 03 02, respectively, pending additional review by
the staff. At the initial inspection exit meeting, you denied that a
violation of 10 CFR 26.24(d)(1) occurred when preliminary positive test
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results were discussed at a meeting conducted on February 27, 1997.
Subsequently, you submitted additional information related to both of the
URIs in your letter of April 22, 1997.
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In summary, you stated in your letter of April 22, 1997, that with respect to
URI 50-424. 425/97 03 01, (1) the " preliminary positive / confirmed negative"
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test result was communicated to the participants of the meeting conducted on
February 27, 1997, as a statement of historical fact, (2) the " preliminary
positive / confirmed negative" test results constituted information relevant to
a discussion of whether the subject of the chemical testing was complying with
the commitments of his rehabilitation program, (3) the preliminary Jositive
test results could have indicated over-the counter drug use which t1e
individual previously admitted abuse, and (4) no adverse action was taken
based on the information. Finally, your letter stated that NRC should
recognize that the disclosure of the areliminary positive test result was
consistent with 10 CFR 26.29(b). Witi respect to URI 50 424,-425/97 03 02,
you admitted that inaccurate chemical test information was communicated to a
union representative by a Southern Nuclear Operating Company Labor Relations
specialist: however, due to numerous prior discussions and interactions
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between the Labor Relations specialist and the union representative on the
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employee's behalf, including the review of certa 1n personnel records, this
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disclosure was considered permissible under 10 CFR 26.29(b).
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Based on our review of the facts and circumstances of this case and after
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considering the information provided in your correspondence of April 22, 1997,
we have concluded, following coordination with the Office of the General
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Counsel, the Office of Nuclear Reactor Regulation, and the Office of
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Enforcement, that in both cases violations of regulatory requirements
occurred. The violations are cited in the enclosed Notice of Violation
(Notice).
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With regard to Violation A, the disclosure provisions of 10 CFR 26.29(b) apply
only to information concerning violations of the licensee's fitness for duty
policy and do not authorize violation of the requirements of 10 CFR 26.24(d)(1).
In this case, on or before February 27, 1997, preliminary chemical testing
results were communicated to individuals other than those specified in
10 CFR 26.24(d)(1); therefore, a violation of regulatory requirements
occurred. With regard to Violation B in your submittal of April 22, 1997,
you admit that information regarding chemical test results was disclosed to a
union representative. Although you provided a description of the
circumstances that contributed to the belief that the disclosure of such
information was permissible, the NRC concluded that the information was
disclosed in violation of 10 CFR 26.29(b).
You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response.
In particular,
you should address how your staff will ensure that the Fitness for-Duty
Program is conducted in strict and literal compliance with regulatory
requirements. The NRC will consider your response, in part, to determine
whether further enforcement action is necessary to ensure compliance with
regulatory requirements. This letter also serves to close URIs 50 424,
-425/97-03 01 and 50 424 425/97 03 02.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of
this letter, its enclosure, and your response will be placed in the NRC Public
Document Room.
Sincerely,
Original Signed by
Johns P. Jaudon
Johns P. Jaudon, Director
Division of Reactor Safety
Docket Nos. 50 424, 50 425
License Nos. NPF-68, NPF 81
Enclosure: Notice of Violation
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cc w/ encl: See Page 3
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cc w/ encl:
J. D. Woodard
Charles A. Patrizia Esq.
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Executive Vice President
Paul Hastings, Janofsky & Walker
Southern Nuclear Operating Company,
10th Floor
Inc.
1299 Pennsylvania Avenue
P. O. Box 1295
Washington, D. C.
20004-9500
Birmingham, AL 35201-1295
Steven M. Jackson
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J. B. Beasley
Senior Engineer - Power Supply
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General Manager, Plant Vogtle
Municipal Electric Authority
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Southern Nuclear Operating Company,
of Georgia
Inc.
1470 Riveredge Parkway NW
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P. O. Box 1600
Atlanta, GA 30328 4684
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Waynesboro, GA 30830
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J. A. Bailey
Manager-Licensing
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Southern Nuclear Operating Company,
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Inc.
P. O. Box 1295
Birmingham, AL 35201-1295
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Jim Hurt, Director
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Consumers' Utility Counsel Division
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Governor's Office of Consumer
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Affairs
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2 M. L. King, Jr. Drive
Plaza Level - East: Suite 356
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Atlanta, GA 30334 4600
Office of Planning and Budget
Room 615B
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270 Washington Street, SW
Atlanta, GA 30334
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Office of the County Commissioner
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Burke County Commission
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Waynesboro, GA 30830
Harold Reheis, Director
Department of Natural Resources
205 Butler Street SE, Suite 1252
Atlanta, GA 30334
Thomas Hill, Manager
Radioactive Materials Program
Department of Natural Resources
4244 International Parkway
Suite 114
Atlanta, GA 30354
Attorney General
Law Department
132 Judicial Building
Atlanta, GA 30334
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JCunningham, NRR
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LBush, NRR
JGoldberg, 0GC '
RFonner, OGC
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CEvans, RII
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PFredrickson, RII (IFS Action Required)
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DNelson, OE
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NRC Senior Resident Inspector-
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U.S. Nuclear. Regulatory Commission
8805 River Road
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Waynesboro, GA 30830
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