CNL-19-111, TVA Response to Request for Information Regarding the U.S. Department of Labor Finding of Discrimination (EA-19-107)

TVA Response to Request for Information Regarding the U.S. Department of Labor Finding of Discrimination (EA-19-107)

ML19316D170
Person / Time
Site:	Browns Ferry, Watts Bar, Sequoyah
Issue date:	11/12/2019
From:	Jim Barstow Tennessee Valley Authority
To:	Mark Miller Document Control Desk, Office of Nuclear Reactor Regulation, NRC/RGN-II
References
CNL-19-111, EA-19-107
Download: ML19316D170 (2)

Text

Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402 CNL-19-111 November 12, 2019 10 CFR 50.7 Mr. Mark Miller Director, Division of Reactor Projects U.S. Nuclear Regulatory Commission Region II Marquis One Tower 245 Peachtree Center Avenue N.E., Suite 1200 Atlanta, GA 30303

Subject:

TVA Response to Request for Information Regarding the U.S. Department of Labor Finding of Discrimination (EA-19-107)

Reference:

NRC letter to TVA, Request for Information Regarding the U.S. Department of Labor Finding of Discrimination, dated September 24, 2019 (ML19267A144)

Dear Mr. Miller:

On September 24, 2019, the Nuclear Regulatory Commission (NRC) issued the referenced letter to Tennessee Valley Authority (TVA) requesting information regarding the August 20, 2019, United States Department of Labor (DOL) Occupational Safety & Health Administration (OSHA) finding of discrimination. The NRC expressed concern that the OSHA finding may cause the TVA workforce to be less willing to raise safety concerns. The NRC then asked TVA to provide TVAs position regarding whether the actions affecting the individual violated Title 10 of the Code of Federal Regulations (10 CFR) 50.7 (or other requirement) and the basis for TVAs position, including the results of any investigations TVA may have conducted to determine whether a violation occurred. Additionally, the NRC requested TVA to provide the actions TVA has already taken or plan to take to assure that the OSHA finding is not having an adverse impact on the willingness of employees to raise safety concerns within its organizations. In response to the NRCs request, TVA is providing the information below.

TVA procedure NPG-SPP-01.7.4, Adverse Employment Actions [AEA] and the Executive Review Board [ERB], ensures that retaliatory discipline is not taken when an employee or contractor engages in activities protected by the employee protection of 10 CFR 50.7 as well as other NRC regulations. NPG-SPP-01.7.4 also evaluates whether proposed or taken Adverse Employment Actions, despite their legitimacy, could negatively affect the Safety Conscious Work Environment (SCWE) and screens and develops appropriate SCWE Mitigation Plans.

Mark Miller CNL-19-111 Page 2 November 12, 2019 The subject action taken by TVA complied with the guidance in NPG-SPP-01.7.4, with documentation of the action, results of related investigations, and the SCWE mitigation plan.

This documentation was included in the files provided to the NRC during the 2018 and 2019 SCWE inspections. The NRC reviewed a sampling of the files and did not identify any finding or violation of the ABA process or the ERB process during these inspections, and the NRC concluded that the interviewed staff felt free to raise nuclear safety concerns without fear of retaliation (NRC Inspection Report 05000327, 328/2018013 (ADAMS Accession No. ML18338A404) and NRC Inspection Report 05000327, 328/2019011 (ADAMS Accession No. ML19204A190)).

After the DOL notified TVA and the DOL finding was reported in the news, TVA Nuclear issued a Fleet Focus communication about safety culture. This message provided some facts of the DOL case and reiterated the multiple avenues that TVA Nuclear employees have for raising safety or quality concerns.

Additionally, on September 18, 2019, TVA filed its objections to the DOLfinding in accordance with 29 CFR 24.106 and requested a hearing. Since filing its objections, TVA and the complainant have agreed to a voluntary DOL mediation, currently scheduled to occur in the first quarter of 2020. TVA management initiated a discretionary SCWE mitigation plan in accordance with NPG-SPP-01.7.4, and discussed the referenced letter and TVA's position on the DOLfinding with the Corporate Nuclear Regulatory Affairsstaff in October 2019.

There are no new regulatory commitments associated with this submittal. As TVA continues to work through the DOL appeal process, TVA will supplement this letter to provide the NRC with additional infonnation. Ifyou have any questions regarding this letter, please contact me.

Respectfully, James Barstow Vice President, Nuclear Regulatory Affairs and Support Services cc:

NRC Regional Administrator - Region II Document Control Desk