ML030900251

TVA - Staff Exhibit 5 - Rec'D 06/18/02: DOL Declaration Ofjames E. Boyles Filed January 20, 1998

ML030900251
Person / Time
Site:	Browns Ferry, Watts Bar, Sequoyah
Issue date:	01/15/1998
From:	Boyles J Tennessee Valley Authority
To:	Office of Nuclear Reactor Regulation, US Dept of Labor (DOL)
Byrdsong A T
References
+adjud/ruledam200506, -RFPFR, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, RAS 6134, TVA-Staff-5
Download: ML030900251 (7)

Text

RAFS 6I34

• ive~LI S-30 s~~d,~I - DOCKETED -' Rec J ' 1¶1b 2 BEFORE THE OFFCE OF ADMINISTRATIVE LAW JUJDGESUSNRC UNITED STATES OF AMERICA DEPARTM1ENT OF LABOR 2003 MAR I I AM II: 25 OFFICF t; tE SLr~L fARY RULEM~AKRI~GS AND ADJUDICATION4S STAFF IN THE MATTER OF )

)

GARY L. FISER. )

)

Complainant )

)

) Case No. 97-ERA-59

)

)

TENNESSEE VALLEY AUTHORITY )

)

Respondent )

DECLARATION OF JAMES E. BOYLES James E. Boyles subscribes and declares:

1. I am currently employed by the Tennessee Valley Authority (TVA) as a Senior Human Resource Consultant in the corporate Nuclear Human Resources (NIIR) organization, a position I have held since November 1994. 1have been employed by TVA since 1980. My responsibilities include providing guid~ance to mnanagemient in Nuclear Power on labor relations and human resource issues. My responsibilities require that I work with and have access to the personal history records (PHR) of TVA employees. I have personal knowledge of the matters stated herein.

2. During the spring of 1996, 1 was aware of the reorganization taking place in the Operation Support Group, which included combining the Radiological Controls and Chemnistry Services organizations. I was also aware that new

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job descriptions were being written for the new Radiological Controls and Chemistry Services organization.

3. One of the functions of the Human Resource organization is to analyze the duties in a new job description to determine if the position is substantially the same as an existing position. Under Federal regulations, if the positions are substantially the same, the incumbent of the existing position is entitled to transfer or "rollover" into the new position. If the positions are different, then it is TVA policy to post a vacant position announcement (VPA) and allow employees to apply and compete for the new position.

4. Ben Easley, a Human Resource consultant under my supervision, compared the new position description for the Program Manager, Chemistry (PWR) position with the description for the existing Chemistry and Environmental Protection Senior Program Manager position, the position held by Gary L. Fiser. Mr. Easley informed me that the two positions were different and that the new position would require the posting of a VPA. A copy of the position description for the new Program Manager, Chemistry (PWR) position is attached hereto as exhibit 1.

5. Before a VPA was posted for the new position, Gary L. Fiser told me that he felt that he had been given his position as a part of a settlement of an earlier Energy Reorganization Act (ERA) complaint. He also said that the new position was the same position as the one he held, that his settlement guaranteed him that job, and that he would file a new ERA complaint if TVA posted a VPA for the new job description.

6. Upon reviewing the settlement agreement of Mr. Fiser's earlier ERA complaint, we determined that TVA had agreed to place Mr. Fiser in a certain position and that TVA had in fact placed him in that position. However, the agreement made no guarantee of job security, continued employment, or that the position would 2 CD00535

continue in existence. We further determined that Mr. Fiser had voluntarily Jeft the position in 1994 when he applied on and was selected for a different position. We also determined that the position specified in the agreement was eliminated in 1994 when it was vacated by Mr. Fiser.

7. At my request, Mr. Easley reviewed and confirmed his conclusion that the new position was not substantially the same as the position then held by Mr. Fiser and that a VPA should be posted. Consequently, I informed Mr. Fiser of the results of our review and that a VPA would be posted for the position.

Pursuant to 28 U.S.C. § 1746 (1994), 1 declare under penalty of perjury that the foregoing is true and correct.

Executed on this /5I day of January, 1998.

4es oyles 000046500 CD000536 3

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POSITION DESCRIPTION Social Security Number Program Manager. Chemistry

ition Title (PWR') Pay Group or Schedule/Grade

ation Chattanooga Effective Date 3anization Titles:

Incumbents Nuclear Oroerations Signature Supervisor's Operations Oioerations Suocort Signature Radiological Control and HRMIHRO's Division Chemistry Signature Reports to Manager. Radiological Control Department (7ilue) and Chemistry Section FOR COMPENSAT7ON PLANNING AND ANALYSIS USE ONLY t CP&A REVIEWER

)S~ilEVALUATION: EVALUATION DATE:~_______ INITIALS:_________

r(-H Slat K-H Pts P-S Slot P-S Pts Acct Slot Ac--t Pts Total Pts Profile OSITION PURPOSE:

-ovide senior technical direction, expert support, oversight, and ProgramlProject management in the chemistry programs of the V/AN facilities. Develop programmatic requirements for chemistry management programs. The incumbent serves as the primary iison between the TVAN sites and WVAN corporate. The incumbent manages the implementation of directives, standards, and olicies and regulations at all TVAN sites. The incumbent is the lead individual for ensuring that high standards are set and iaintained at both corporate and the TVAN sites. Histher efforts are focused on establishinglmaintaining a chemistry program that ihances the safe and reliable operation of TVAN sites.

IMENSIONS:

ypical size of projects -SIOM -SIOMM. Annual projects managed -10

)ther'.

• Incumbent acts as Manager. Radiological Control and Chemistry, in his absence with the signature authority and control of the budget (S3 MM) associated with that position.

~.Serves as Technical Contract Manager establishing, controlling, and maintaining multi-site chemistry services and material contracts. -(Material and Services Annu-al Budget .510MM) ~** --

1. Serv-s as Radiological Assessment Manager in the event of a nuclear site emergency. CD 000537 Nist. i: Original - Human Resources Microrecords Unit, Knoxville

"-'~ Copy - Operations Organization (as needed)

Copy - Central Office of Union Having Jurisdiction Copy - Employee (TVA 12A[HR 7-911 Page I of 3)

Exhibit 1

.ME , SSN EFFECTIVE DATE v Fi (Midd~e7(Last)

IINCIPAL ACCOUNTABILITIES:

eas of Resoonsibilities:

SON. WEN (PWR) Secondary Chemistry Program Post accident sampling systems Cooling tower chemistry Software control program Analytical Working Group Management for all TVAN sites Multi-Site Technical contract Management such as Ecolochem, Dionex. PASS services for all TVAN sites incioal Accountabflities:

Provide technical and programmatic expertise for implementation of the TVAN chemistry program at individual sites.

Provide direction as needed for project managers managing projects at SON and WEN. Oversee the activities of other personnel assigned support functions for meeting the responsibilities of this position.

Function as the TVAN senior technical expert to the sites in the areas of PWR Secondary chemistry control.

Function as the TVAN senior technical expert and provide direction in the implementation of such programs as Molar Ratio Control. Secondary Chemistry Optimization, and zinc injection.

Assist Management with interpretation of chemistry policy - review and concur with site procedures and other TVAN documents that may impact the programs. Promote optimum consistency among site programs.

Recommend chemistry program goals and specifications that are consistent with best industry practices, and assist with the implementation of actions to achieve them. Direct the performance of site evaluations of the chemistry program to ensure consistency and compliance with established requirements.

Direct review and concur with root cause analyses for identified site chemistry program problems, direct the development of corrective action plans, and coordinate the implementation of approved corrective actions.

r *the performance of regulatory and licensing reviews of chemistry issues, recommend VAN responses or positions.

\pncurwith responses to external organizations.

&.v11op and conduct specialized seminars on chemistry technical topics as requested and conduct periodic training related observations I provide recommendations for improvements as necessary.

Provide long-term / large scope project support to WBN and SQN for major chemistry projects. Provide short-term plant problem response to the sites as requested.

0. Perform lora-term data trending and assessment of keyWBN and SON Secondary chemistry data. Provide appropriate feedback and corrective action proposals as necessary. Prepare an annual WBN and SON chemistry report with review and concurrence with site staffs and issue.

1. Function as a WVAN representative to the EPRI PWR Secondary water chemistry committee, PWR Owners Group Chemistry Committee, and appropriate industry & regulatory workshcpslconferences/ seminars. Coordinate the release of chemistry data to outside organizations as authorized.

12. Serve as a Chemistry specialist, dose assessor, or RACIRAM in the event of a radiological emergency. Remain on call 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day unless relieved by other appropriate personnel during emergency events.

13. Actively engage in plant tours, personnel interviews, observation feedback and working meetings during routine operations and plant outages. Coordinate with sites for INPO evaluations and responses.

14. Function as team leader and provide technical expertise in support of the Quarterly Chemistry Team assessments for TVAN sites.

15. Chair Analytical Working Group for all VAN sites.

16. Develop multi-site contract technical specifications and act as technical contract manager for applicable contracts such as makeup water. Dionex services, PASS services, bulk chemicals for anl sites.

17. Act for the Corporate Radiological and Chemistry Control Manager in his/her absence.

18. Provide effective communications of the Corporate Chemistry Program to the WVA nuclear sites.

- (TVA 12A[HR 7-91] Page 2 of 3)

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4IN QUALIFICATIbNS:

he incumbent should have a bachelor's degree or the equivalent in chemistry, environmental sciences, or chemical engineering, icluding formal training and experience in management The incumbent shall have at least eight years of professional experience i applied chemistry, with experience at an operating nuclear power plant preferable. The incumbent should have a detailed nowiedge of modem analytical and radioanalytical equipment and methods used for performing all required chemistry analyses at VAN sites which includes equipment operation and capabilities. Helshe must possess a very good knowledge base in the areas of

'WR and BWR chemistry control guidelines requirements. An advanced degree and ten years experience at the professional or nanagerial level are desirable.

__VA-IHR 7-91] Page 3 of 3)

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