IR 05000315/1993014

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Enforcement Conference Repts 50-315/93-14 & 50-316/93-14 on 930513.Major Areas Discussed:Potential Chilling Effects from Complaint Filed W/Dept of Labor Alleging That Contractor Worker Laid Off for Contacting NRC
ML17331A323
Person / Time
Site: Cook  American Electric Power icon.png
Issue date: 05/25/1993
From: Pederson C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML17331A321 List:
References
50-315-93-14-EC, 50-316-93-14, NUDOCS 9306020209
Download: ML17331A323 (4)


Text

U.S.

NUCLEAR REGULATORY COMMISSION

REGION III

Reports No. 50-315/93014(DRSS);

50-316/93014(DRSS)

Dockets No. 50-315; 50-316 Licensee:

Indiana Michigan Power Company 1 Riverside Plaza Columbus, OH 43216 Meeting Conducted:

May 13, 1993 Licenses No. DPR-58; DPR-74 Meeting At:

Region III Office, Glen Ellyn, Illinois Type of Meeting:

Enforcement Conference Approved by:

Cynthia D. Pederson, Chief Reactor Support Programs Hranch Date Enforcement Conference Summar Enforcement Conference Ma

1993 Re orts No. 50-315 93014 DRSS

.

50-316 93014 DRSS dpi

<<d: ft tlt "hllltg f'f t."f pll flid lthth Department of Labor alleging that a contractor worker was laid off for contacting the NRC.

Licensee measures to avoid such effects were reviewed.

9306020209'30526 PDR ADQCN 05d003i5

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DETAILS Present at the Enforcement Conference Indiana Hichi an Power Com an E.

E. Fitzpatrick, Vice President Nuclear Operations A. A. Blind, Cook Plant Manager H. Ackerman, Licensing Engineer H.

E. Barfelz, Cook Nuclear Safety and Assessment Supervisor P. A. Barrett, Director equality Assurance S. Brewer, Nuclear Safety and Licensing Group Manager R. Gillespie, Cook Plant Scheduling Superintendent J.

A. Kobyra, Nuclear Design Group Manager, AEPSC L. G. Lewis, Operations Support Group Manager D. Haher, Nuclear Licensing Section Hanager, AEPSC B. Signet, Senior Attorney, AEP R.

Simms, Section Manager Assessment, AEPSC W.

G. Smith, Jr., Chief Nuclear Engineer, AEPSC J.

S.

Wiebe, Cook Safety and Assessment Superintendent D. Williams, Manager Radiological Support, AEPSC Nuclear Re ulator Commission H. J. Hiller, Deputy Regional Administrator, RIII C.

D. Pederson, Chief Reactor Support Programs Branch, RIII W. H. Dean, Acting Director PD-III-1, NRR R.

W. DeFayette, Director EICS, RIII H. C. Schumacher, Chief Radiological Controls Section, RIII B. A. Berson, Region III Counsel J.

A. Isom, Senior Resident Inspector, Cook R.

P.

Rosano, Senior Enforcement Specialist, OE E.

W. Schweibinz, Senior Project Engineer, RIII Enforcement Conference An enforcement conference was held in the Region III office on Hay 13, 1993 to review licensee measures to avoid possible "chilling effect" on station workers resulting from the layoff of a contractor technician in apparent violation of 10 CFR 50.7.

The layoff occurred during the first 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 February 25, 1993, by a Department of Labor Administrative Law Judge (ALJ), that the technician had been engaged in protected activity and was wrongly laid off.

Licensee's representatives stated that their review indicated that a

chilling effect did not exist at the plant.

They described Plant Manager Instruction (PMI 7030) that requires individuals to report known or suspected adverse conditions involving plant activities and the gA

policy statement in the plant Safety Analysis Report that forbids discrimination for making such reports.

They noted that both utility and contractor employees are trained in preparing such condition reports and presented data showing that contractor employees routinely initiated them.

Licensee representatives described additional measures to mitigate potential chilling effects taken after learning of the ALJ decision.

They included plant manager memoranda to all station workers and managers which informed them of the current DOL case and emphasized licensee corporate policy of encouraging employees to report concerns without fear of reprisal.

At the conclusion of the conference, the licensee was informed that it would be notified in the near future of the NRC's final enforcement action.

Attachment:

Licensee Presentation Slides