IR 05000282/1993018

Enforcement Conference Repts 50-282/93-18 & 50-306/93-18 on 930901.Major Areas Discussed:Potential Chilling Effects from Complaint Filed W/Dept of Labor Alleging That Security Guard Wrongfully Terminated for Contacting NRC

ML20149D518
Person / Time
Site:	Prairie Island
Issue date:	09/10/1993
From:	Jorgensen B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20149D501	List: IR 05000282/1993018 ML20149D495
References
50-282-93-18-EC, 50-306-93-18, NUDOCS 9309210056
Download: ML20149D518 (16)

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U. S. NUCLEAR REGULATORY COMMISSION

REGION III

e Reports No. 50-282/93018(DRP); 50-306/98018(DRP)

Docket Nos.: 50-282; 50-306 Licensee: Northern States Power Company 414 Nicollet Mall Minneapolis, MN 55401 Meeting Conducted: September 1, 1993 Meeting At: Region III Office, Glen Ellyn, Illinois Type of Meeting: Enforcement Conference

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ApprovedBy:/ # U B. L. Jorgensen, Acting Chief Date Reactor Projects Branch 2 Enforcement Conference Summary Enforcement Conference September 1. 1993. (Reports No. 50-282/93018(DRP):

50-306/93018(DRP))

Areas Discussed: , oiential " chilling effects" from a complaint filed with the

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Department of Labor alleging that a security guard's employment was wrongfully ,

terminated for contacting the NRC. Licensee measures to avoid such effects were reviewe ~~

'9309210056 930910 l PDR ADGCK 050002B2 '

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DETAILS Present at the Enforcenient Confere.0g  ;

Northern States Power Company f

D. D. Antony, Vice President Nuclear D. Mendele, Director, Nuclear Qual. Department i G. Miserendino, Manager, Corp. Security  !

F. D. Evitch, Superintendent Security j E. L. Watzl, Prairie Island Site General Manager  ;

Nuclesr Reaulatory Commission

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H. J. Miller, Deputy Regional Administrator 3. L. Jorgensen, Acting Chief, Reactor Projects Brmch 2 C. N. Weil, Enforcement Specialist B. A. Berson, Regional Counsel  ! Enforcement Confereng An Enforcement Conferer.ce was held in the Region ill office on f September 1, 1993, to review licensee measures to avoid possible

" chilling effects" on station workers resulting from the termination of j a security guard's employment in apparent violation of 10 CFR 50.7. The a termination occurred during the third quarter of 1992 and the technician's original discrimination complaint was not substantiated by ;

a Department of Labor (DOL) reviewer. This Enforcement Conference was ;

scheduled following the appeal ruling of June 24, 1993, by a DOL !

Administrative Law Judge (ALJ), that the guard had been engaged in '

protected activity on two occasions and her employment was wrongfully

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terminate I l

Licensee's representatives stated that their review indicated that a !

chilling effect did not exist at the plant. .The licensee randomly l interviewed 34 individuals who had access to the protected area at '

Prairie Island. Those individuals represented a cross section of !

licensee and contractor employees, including 4 guards, and the licensee :

found that none of the individuals felt constrained about raising safet !

concerns. The licensee also operates a " hot line" that employees can '

call about various concerns. The licensee representatives at the :

Enforcement Conference indicated that about 30 calls are received each- !

mont l Licensee representatives described additional measures to mitigate ;

potential chilling ' effects taken after learning of the ALJ decisio !

They included'an August 13, 1993, letter from the Vice' President of ;

Nuclear Generation confirming there would be no reprisals for raising L safety issue At the' conclusion of the conference, the licensee was informed that it wculd be notified in the near future of the NRC's enforcement actio i Attachment: Licensee Presentation Slides  !

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NRC REGION 111

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ENFORCEMENT CONFERENCE EMPLOYEE PROTECTION (DOL CASE No 93-ERA-12?

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I PRESENTATION  !

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AGENDA l

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INTRODUCTIQN ............Doug Antony ,

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• LEGAL HIGHLIGHTS.....Doug Antony  ;

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NSP/NRC INTERACTIONS ........ :

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George Miserendino '

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INVESTIGATIONS /RESULTS .... >

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' Dave Mendele

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ACTIONS TAKEN/ PLANNED ....

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Ed Watzl l

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- S U M M ARY ................ . ...Doug Antony

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Slide No 2

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INTRODUCTION ,

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DOUG ANTONY .

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- VP NUCLEAR GENERATION

GEORGE MISERENDINO

- MANAGER CORPORATE SECURITY DAVE MENDELE

- DIRECTOR NUCLEAR QUALITY ,

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ED WATZL l

- GENERAL MGR PRAIRIE ISLAND SITE I I

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LEGAL ASPECTS

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9/8/92

- Date of Termination Letter

- Charges Filed with NLRB

- 10/30/92 ,

- NLRB Charges Dismissed

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11/5/92

- Charges Filed with DOL l

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12/4/92

- DOL finds Burns would have taken same action w/o " protected activity" by l Complainant i

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12/11/92 ,

- Appeal filed with ALJ

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6/24/93  :

- ALJ's Recommended Decision and Orderin favor of Complainant

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8/5/93  :

- NRC letterinforms NSP of apparent ]

violation -l

.8/12/93 )

- Burns filed Appeal on ALJ Decision Slide No 4 j

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NSP/NRC RELATED ASPECTS l

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10/8/92

- Letter sent to NRC by Terminated Employee l

10,11/92 y

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- NRC conducts Security inspection at PI i

- NRC Security inspector verbally informs l NSP that security concerns have been  ;

raised i Security Force morale specifically !

identified  ;

- Pl Mgmt requests QA to investigate morale j 12/2/92

- A copy of 10/8/92 letter to NRC is voluntarily l obtained  ;

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12/4/92 l

- QA report on Security Force morale 12/9/92  !

-- NSP initiates an investigation of the other security concerns raised in 10/8/92 letter

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4 s NSP/NRC RELATED ASPECTS ' Cont.)  !

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12/14/92 1

- NRC initiates an investigation into the-  !

security concerns raised in 10/8/92 letter j

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1/5/93

- QA interim report on security concerns raised in 10/8/92 letter

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- 1/22/93

- NRC letter transmitting results of their  !

investigation of the security concerns

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2/3/93 l

- PI Site Gen Mgr and two NSP Security  ;

Mgmt personnel met at NRC Region lll t Offices to discuss Pl security issues  !

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3/17/93 i

- QA final report on security concerns raised ,

in 10/8/92 't 'ter j

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NSP INVESTIGATIONS

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THREE INVESTIGATIONS

- CONDUCTED PRIOR TO ALJ ORDER

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INVESTIGATED l

- SECURITY FORCE MORALE

- CONCERNS RAISED BY TERMINATED EMPLOYEE ,

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DATES OF INVESTIGATION

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REPORTS  :

- 12/4/92

- 1/5/93

- 3/17/93 l

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CONCLUSIONS OF l INVESTIGATIONS

- TERMINATED EMPLOYEE HAD INCOMPLETE OR INACCURATE  :

INFORMATION .

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NO VIOLATION OF

REGULATORY REQMTS THAT HAD NOT BEEN SELF '

IDENTIFIED

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- NRC INVESTIGATION ISSUED ON 1/22/93 i REACHED SAME GENERAL l CONCLUSION

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NO EVIDENCE OF INTIMIDATION I

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FOLLOW - UP SURVEY CONDUCTED 8/27/93 FOUND NO EVIDENCE OF INTIMIDATION Slid 3 No 9

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ACTIONS TO MINIMlZE CHILLING EFFECT

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PREVIOUS ACTIONS

- Employee concerns notices had been posted by NSP prior to and independent of the termination

- General Employee Training (GET) '

discusses NRC Form-3 and encourages reporting to NSP organizations and to the NRC if employee satisfaction not obtained

- Employee Plant improvement Program  !

allows employees to report any concerns to mgmt and obtain resolution feedback l q

- Security Force crew team building was '

completed

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i ACTIONS TO MINIMlZE CHILLING EFFECT .

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PRESENT ACTIONS .

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- Letter issued by V P Nuclear Generation (8/13/93) confirming no reprisal for raising safety issues  ;

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- Training on NRC Form-3 for site

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supervisory & mgmt personnel recently l completed

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- Quarterly mgmt/ employee meetings are held for the Security Force-I l

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ACTIONS TO MINIMlZE ,

CHILLING EFFECT (Cont) .

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FUTURE ACTIONS

- Improve GET encouraging employees to identify & report safety concerns without ;

fear of retribution  !

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- Place terms and conditions into vendor contracts requiring no retribution to employees for raising safety concerns  !

- Encourage employees to raise and .

report safety issues at scheduled safety meetings and stress no reprisal for their actions .

- Formalize the methods and programs that are available to promote employee  :

concern resolutio Periodically review these methods and programs for effectiveness

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ACTIONS W/ RESPECT TO INTIMIDATION .

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NO EVIDENCE OF INTIMIDATION PER 3/17/93 QA REPORT NO EVIDENCE OF INTIMIDATION <

PER 8/27/93 SURVEY .

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FUTURE ACTIONS DESCRIBED '

TO MINIMlZE CHILLING ARE ALSO APPLICABLE FOR  ;

INTIMIDATION  ;

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SUMMARY

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IDENTIFICATION 1

- Based on ALJ ruling Charges dismissed in two prior rulings i ALJ ruling under appeal

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CORRECTIVE ACTION

- Strong, positive action taken and is -

continuing

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LICENSEE PERFORMANCE  !

- Long history of excellent performance at PI :

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PRIOR OPPORTUNITY TO  !

IDENTIFY

- No prior opportunity j

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MULTIPLE OCCURRENCES ,

- No prior occurrence

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DURATION  !

- All employees were encouraged to report .

concerns PRIOR to this termination  !

- Prompt action was taken upon notification of apparent violation -

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