ML022070126
| ML022070126 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/24/2002 |
| From: | Brian Holian Division Reactor Projects I |
| To: | Kansler M Entergy Nuclear Operations |
| References | |
| 1-2001-015, 2001-ERA-010, EA-02-140 EA-02-140 | |
| Download: ML022070126 (7) | |
Text
July 24, 2002 EA-02-140 Mr. Michael R. Kansler Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
SUBJECT:
OFFICE OF INVESTIGATIONS REPORT NO. 1-2001-015 (DEPARTMENT OF LABOR CASE NO. 2001-ERA-0010)
Dear Mr. Kansler:
In a letter dated December 11, 2000, the U.S. Department of Labor (DOL) Occupational Safety
& Health Administration (OSHA) in Albany, New York, received a complaint from a former contract security officer employed by Wackenhut at the Indian Point 2 facility. The former contractor alleged that he was fired in June 2000, in part, because he raised a concern about working excessive overtime at Indian Point 2, which was being operated, at that time, by Consolidated Edison Company of New York, Inc. (Con Edison). In response to that complaint, DOL OSHA conducted an investigation, and in a letter dated February 8, 2001, the Area Director of OSHA found that the evidence obtained during its investigation indicated that the employee was engaged in a protected activity within the scope of the Energy Reorganization Act and that discrimination, as defined and prohibited by the statute, was a factor in the termination of this individuals employment.
Subsequent to the DOL OSHA Area Directors decision on February 8, 2001, the NRC sent Con Edison letters on February 27, 2001, and May 17, 2001. The letters requested that Con Edison provide its position on this matter and any actions it had taken or planned to take concerning a chilling effect this decision may have had on the willingness of other Indian Point 2 employees to raise safety concerns. Con Edison responses, dated March 29, 2001 and June 18, 2001, provided its position that the termination of the contract security officer was not contrary to 10 CFR 50.7 and described actions taken to address any potential chilling effect.
Wackenhut subsequently appealed the OSHA finding to the DOL Administrative Law Judge (ALJ). However, prior to the DOL ALJ reaching a decision on the merits of the case, Wackenhut reached a mutually agreeable settlement with the former contract employee in this matter. The settlement was approved on June 14, 2001, by a DOL Administrative Law Judge in a Recommended Decision and Order Approving Settlement, which thereby dismissed the complaint with prejudice.
Prior to approval of the settlement by the DOL ALJ, the NRC Office of Investigations (OI) initiated an investigation to determine if the former contract security officer had been discriminated against for engaging in a protected activity. The OI investigation included extensive reviews of relevant documentation, as well as interviews with numerous Wackenhut
Mr. M. R. Kansler 2
and Entergy personnel. Based upon the evidence developed during its investigation, OI did not substantiate that the former security officer was terminated because he raised a fitness for duty concern that he was too tired or too fatigued to work mandated overtime. The evidence discloses that the former security officer was denied site access and was subsequently terminated because he refused to work mandated overtime. The Wackenhut Security Officer Handbook lists refusal to work as one of the grounds for immediate dismissal. The enclosure to this letter contains a synopsis of the OI report.
The NRC has reviewed the results of the OI investigation and the DOL proceedings. Based on this review, the NRC did not substantiate that discrimination occurred, and therefore, no enforcement action is warranted.
The NRC notes that the OI investigation was also expanded to determine whether potential false and misleading statements were made by a Wackenhut supervisor during the DOL/OSHA investigation of this matter, and whether a Wackenhut project manager and Wackenhut lawyer allegedly harassed three Wackenhut sergeants because they prepared written statements indicating that the Wackenhut supervisor had made false and misleading statements to DOL/OSHA. Based upon the investigation, including the testimony of the three Wackenhut sergeants, OI did not substantiate that the three Wackenhut sergeants were harassed or pressured by the Wackenhut project manager or lawyer to change their statements. In addition, OI did not substantiate that the supervisor made false and misleading statements to DOL/OSHA.
You are not required to respond to this letter. In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and its enclosure will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Reading Room).
Please note that final NRC documents, including the final OI report, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Request for Records (copy enclosed).
Should you have any questions regarding this letter, please contact Mr. J. Bradley Fewell at (610) 337-5301.
Sincerely,
/RA/
Brian Holian, Deputy Director Division of Reactor Projects
Enclosure:
As Stated Docket No. 50-247 License No. DPR-26
Mr. M. R. Kansler 3
cc w/encl:
J. Yelverton, Chief Executive Officer J. Herron, Senior Vice President R. J. Barrett, Vice President - Operations F. Dacimo, Vice President - Operations L. Temple, General Manager - Operations D. Pace, Vice President - Engineering J. Knubel, Vice President Operations Support J. McCann, Manager, Nuclear Safety and Licensing J. Kelly, Director of Licensing C. Faison, Manager - Licensing, Entergy Nuclear Operations, Inc.
H. Salmon, Jr., Director of Oversight, Entergy Nuclear Operations, Inc.
J. Fulton, Assistant General Counsel, Entergy Nuclear Operations, Inc.
W. Flynn, President, New York State Energy, Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority P. Eddy, Electric Division, New York State Department of Public Service C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law T. Walsh, Secretary, NFSC, Entergy Nuclear Operations, Inc.
Mayor, Village of Buchanan R. Albanese, Executive Chair, Four County Nuclear Safety Committee S. Lousteau, Treasury Department, Entergy Services, Inc.
M. Slobodien, Director Emergency Programs B. Brandenburg, Assistant General Counsel P. Rubin, Operations Manager Assemblywoman Sandra Galef, NYS Assembly County Clerk, Westchester County Legislature A. Spano, Westchester County Executive R. Bondi, Putnam County Executive C. Vanderhoef, Rockland County Executive E. A. Diana, Orange County Executive T. Judson, Central NY Citizens Awareness Network M. Elie, Citizens Awareness Network D. Lochbaum, Nuclear Safety Engineer, Union of Concerned Scientists Public Citizens Critical Mass Energy Project M. Mariotte, Nuclear Information & Resources Service F. Zalcman, Pace Law School, Energy Project L. Puglisi, Supervisor, Town of Cortlandt FEMA, Region II (FOR ALL EP EXERCISE/INSPECTION REPORTS)
E. Libby, Manager - Operations Training (FOR DRS EXAM REPORTS ONLY)
Congresswoman Sue W. Kelly Congressman Ben Gilman Congresswoman Nita Lowey Senator Hilary Rodham Clinton Senator Charles Schumer J. Riccio, Greenpeace A. Matthiessen, Executive Director, Riverkeepers, Inc.
Mr. M. R. Kansler 4
M. Kapolwitz, Chairman of County Environment & Health Committee A. Reynolds, Environmental Advocates M. Jacobs, Executive Director, Westchester Peoples Action Coalition D. Katz, Executive Director, Citizens Awareness Network P. Gunter, Nuclear Information & Resource Service P. Leventhal, The Nuclear Control Institute K. Copeland, Pace Environmental Litigation Clinic R. Witherspoon, The Journal News
Mr. M. R. Kansler 5
DISTRIBUTION:
SECY CA OEMAIL OEWEB WTravers, EDO WKane, DEDR FCongel, OE DDambly, OGC LChandler, OGC SCollins, NRR JJohnson, NRR Enforcement Coordinators RII, RIII, RIV SFigueroa, OE BBeecher, OPA HBell, OIG PLohaus, OSTP GCaputo, OI LTremper, OC HNieh, RI EDO Coordinator SRichards, NRR LDudes, NRR PMilano, PM, NRR GVissing, PM, NRR (Backup)
DBarss, NRR HMiller, RA/JWiggins, DRA WLanning, DRS RBlough, DRP PEselgroth, DRP RConte, DRS PHabighorst, SRI - Indian Point 2 DScrenci/NSheehan, PAO-RI DHolody/RUrban, RI BFewell, RI GMatakas, RI SBarber, DRP WCook, DRP RJunod, DRP RMartin, DRP DVito, ORA DOCUMENT NAME: C:\\ORPCheckout\\FileNET\\ML022070126.wpd After declaring this document An Official Agency Record, it will be released to the Public.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/ORA RI/ORA RI/ORA RI/DRP RI/OI NAME Rurban (RJU)
Dvito (Out of Office)
Dholody (DJH)
Bholian (PWE for)
Bletts (KLM for)
DATE 7/2 /02 7/ /02 7/11/02 7/10/02 7/10 /02 OFFICE RI/ORA RI/DRS OE RA NAME Bfewell (JBF)
Jwhite (JRW)
Fcongel
- Hmiller (HJM)
DATE 7/3 /02 7/11/03 7/18/02 7/15/02 OFFICIAL RECORD COPY
- *Urban received OE concurrence by phone on 7/18/02.
SYNOPSIS This investigation was initiated by the U. S. Nuclear Regulatory Commission, Office of Investigations (OI), Region I Field Office, on May 8, 2001, to determine if a contractor security officer employed by The Wackenhut Corporation (Wackenhut), working at the Indian Point Nuclear Power Plant, Unit 2 (IP2), was discriminated against for engaging in a protected activity. Specifically, the security officer believes that his/her site access was revoked and that he/she was subsequently terminated because he/she raised a fitness for duty concern.
Based upon the evidence developed during this investigation, OI did not substantiate that the contractor security officers site access was revoked or that he/she was subsequently terminated as a result of having engaged in a protected activity.
Case No. 1-2001-015