ML022320139

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Letter, Dated August 5, 2002, to Mr. John T. Conway - OI Initiated Investigation (OI Case 1-2001-011) to Determine Whether a Nine Mile Point Unit 2 Chemist Was Discriminated Against
ML022320139
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 08/05/2002
From: Randolph A
NRC/OI/RGN-I/FO
To: Conway J
Nine Mile Point
References
1-2001-011, 1-2001-020, 1-2001-A-0043 RI-2001-A-0043
Download: ML022320139 (7)


Text

August 5, 2002 RI-2001-A-0043 Mr. John T. Conway Site Vice President Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, New York 13093

Dear Mr. Conway:

The Region I Field Office of the NRC Office of Investigations (OI), initiated an investigation (OI Case #1-2001-011) on April 18, 2001, to determine whether a Nine Mile Point Unit 2 chemist was discriminated against by the NMP2 Chemistry Manager and Plant Manager for having raised safety concerns regarding Chemistry Department work activities. Specifically, the chemist alleged that he was placed on a Performance Improvement Plan (PIP) and was rated as Needs Improvement in his March 2001 job performance evaluation for having raised the safety concerns. Based on the evidence developed during the investigation, OI did not substantiate that the Chemist was discriminated against when he was placed on a PIP in the Fall of 2000 or when he was rated as Needs Improvement in his March 2001 job performance evaluation. A copy of the synopsis of OI Report 1-2001-011 is enclosed for your information.

Additionally, OI initiated an investigation (Case #1-2001-020) on June 12, 2001, to determine whether the NMP2 Chemistry Manager and a Senior Reactor Operator (SRO) were planning to perform a containment building effluent release (purge) in March 2001, without having first taken and analyzed a procedurally required grab sample of air. Such an action would have been in violation of the technical specification required Offsite Dose Calculation Manual and Operations and Chemistry Department procedures. Ultimately, the purge was performed in accordance with the procedural requirements. Based upon the evidence developed during this investigation, OI did not substantiate that the Chemistry Manager and SRO attempted to deliberately conduct the purge in violation of technical specifications and procedural requirements. A copy of the synopsis of OI Report 1-2001-020 is enclosed for your information.

Please note that final NRC documents, such as the OI report described above, 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, Requests for Records, a copy of which is enclosed for your information.

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. J. T. Conway RI-2001-A-0043 2

Should you have any questions regarding this letter, please feel free to contact Ms. M. Evans, of my staff, at (610) 337-5224.

Sincerely,

/RA/

A. Randolph Blough, Director Division of Reactor Projects

Enclosures:

As Stated

Mr. J. T. Conway RI-2001-A-0043 3

Distribution:

F. J. Congel, OE D. Vito, SAC ADAMS (Docket Nos. 50-220 and 50-410)

D. Screnci, PAO Region I Docket Room (w/concurrences)

DOCUMENT NAME: G:\\ALLEG\\LICENSEE\\20010043LIC.WPD 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 ORA:SAC DRP:RPB1 OI:RI:FOD DRP:DD NAME DVito/slj MEvans Letts/Teator ARBlough DATE 07/31/2002 08/01/2002 08/05/2002 08/05/2002 OFFICE ORA:RC NAME BFewell DATE 08/05/2002 OFFICIAL RECORD COPY

SYNOPSIS On April 18, 2001, the United States Nuclear Regulatory Commission (NRC), Office of Investigations (OI), Region I (RI) initiated this investigation to determine whether a Nine Mile Point Nuclear Station, Unit No. 2 (NMP2), Chemist was discriminated against by the NMP2 Chemistry Manager and Plant Manager for having raised safety concerns regarding Chemistry Department work activities. Specifically, the Chemist alleged that he/she was placed on a Performance Improvement Plan (PIP) and was rated as Needs Improvement in his/her March 2001 job performance evaluation for having raised the safety concerns.

Based on the evidence developed during this investigation, OI did not substantiate that the Chemist was discriminated against when he was placed on a PIP in Fall 2000 or when he/she was rated as Needs Improvement in his/her March 2001 job performance evaluation.

Case No. 1-2001-011

SYNOPSIS This investigation was initiated by the Office of Investigations (OI), Region I (RI) Field Office, on June 12, 2001, to determine whether the Nine Mile Point Nuclear Station, Unit No. 2 (NMP2)

Chemistry Manager and a Senior Reactor Operator (SRO) were planning to perform a containment building effluent release (purge) in March 2001, without having first taken and analyzed a procedurally required grab sample of air. Such an action would have been in violation of the technical specification required Offsite Dose Calculation Manual and Operations and Chemistry Department procedures. Ultimately, the purge was performed in accordance with the procedural requirements.

Based upon the evidence developed during this investigation, OI did not substantiate that the Chemistry Manager and SRO attempted to deliberately conduct the purge in violation of technical specifications and procedural requirements.

Case No. 1-2001-020