[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 30028-30029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13896]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-247]


License No. DPR-26; Consolidated Edison Company of New York, 
Inc.; Receipt of Petition for Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated April 24, 2001, as 
supplemented by letter dated May 3, 2001, Mr. David A. Lochbaum, on 
behalf of Union of Concerned Scientists, requested that the Nuclear 
Regulatory Commission (NRC) issue a Demand for Information (DFI) to 
licensees that use security personnel supplied by Wackenhut Corporation 
(Wackenhut), requiring them to provide a docketed response explaining 
how they comply with the requirement of Title 10 of the Code of Federal 
Regulations (10 CFR) section 26.10 that licensees ``provide reasonable 
measures for the early detection of persons who are not fit to perform 
activities within the scope of this part'' and the requirement of 10 
CFR 26.20 that ``licensee policy should also address other factors that 
could affect fitness for duty such as mental stress, fatigue and 
illness.''
    The petitioner also requested that the DFI should require each 
licensee to generally describe its policy for the aforementioned 
factors and to explicitly describe its policy for these factors as 
applied to the security personnel supplied by Wackenhut.
    As a basis for this request, the petitioner stated that:

    ``An individual employed by Wackenhut Corporation and assigned 
duties as a security officer at Indian Point 2 was fired on June 26, 
2000 * * *. The individual had worked five straight 12-hour shifts 
[(12 hours on shift followed by 12 hours off for 5 straight days)] 
and declined to report for a sixth straight 12-hour shift because he 
reported to his management--in writing--that it would be 
``physically and mentally exhausting.'' The individual reported to 
his management--in writing--that he was fully aware of his condition 
and ``would not want to be negligent in performing [his] duties as a 
security officer.''
    The security officer had unescorted access to Indian Point 2 and 
thus was covered by 10 CFR part 26 as specified in Section 26.2 * * 
*.''

    The petitioner also indicated that Wackenhut employees are required 
by terms of their employment application, Collective Bargaining 
Agreement, and the Security Officer's Handbook to report to work when 
required.
    Thus, the petitioner contends that a worker employed by Wackenhut 
at an NRC-licensed facility reported to his management that he felt 
unfit for duty, declined to report for mandated overtime, and was 
terminated.
    The petitioner also stated that ``10 CFR 26.20 requires all 
licensees to have formal policy and written procedures for factors that 
could render plant workers unfit for duty. Fatigue is specifically 
mentioned in 10 CFR 26.20.'' The petitioner contends that the 
Wackenhut's contractual right conflicts with the Federal regulations in 
10 CFR 26.10 (a) and (b) and that in the subject case, the individual 
essentially provided ``reasonable measures for early detection'' of a 
condition rendering him unfit to perform activities within the scope of 
part 26. The petitioner further stated that rather than respecting the 
individual's judgment or seeking another opinion by a Medical Review 
Officer or other health care professional, Wackenhut fired that 
individual.
    This Petition has been accepted for review pursuant to 10 CFR 2.206 
of the NRC's regulations, and has been referred to the Director of the 
Office of Nuclear Reactor Regulation for action. In accordance with 
Section 2.206,

[[Page 30029]]

appropriate action will be taken on this Petition. The Petition and the 
NRC's acknowledgment letter are available in ADAMS for inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, and 
from the ADAMS Public Library component on the NRC's Web site, http://www.nrc.gov (the Public Electronic Reading Room) at Accession Nos. 
ML011150296 and ML011410223, respectively. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the NRC Public Document Room Reference staff at 1-800-
397-4209, 301-415-4737 or by e-mail to <a href="/cdn-cgi/l/email-protection#c0b0a4b280aeb2a3eea7afb6"><span class="__cf_email__" data-cfemail="7d0d190f3d130f1e531a120b">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 29th day of May 2001.

    For the Nuclear Regulatory Commission.
Jon R. Johnson,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 01-13896 Filed 6-1-01; 8:45 am]
BILLING CODE 7590-01-P


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