ML030970077
| ML030970077 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 04/04/2002 |
| From: | Hickman G Tennessee Valley Authority |
| To: | Office of Nuclear Reactor Regulation |
| Byrdsong A T | |
| References | |
| +adjud/ruledam200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, AJ670, ASLBP 01-791-01-CIVP, EA-99-234, RAS 6245, TVA-Staff-162 | |
| Download: ML030970077 (9) | |
Text
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,63%-CV +'-0J S*4o4FiJ-)/bi# /62-/ecd DOCKETED US NRC (011012-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2003 MAR I 1 PM 4: 12 ATOMIC SAFETY AND LICENSING BOARD OFli -
.ElARY RULL,.AYGS AND ADJUDICATIONS STAFF Z OF
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Docket Nos. 50-390-CivP;
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50-327-CivP; 50-328-CivP; LLEY AUTHORITY
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50-259-CivP; 50-260-CivP;
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50-296-CivP IN THE MATTE]
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(Watts Bar Nuclear Plant, Unit 1;
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Sequoyah Nuclear Plant, Units I & 2;
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Browns Ferry Nuclear Plant,
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Units 1, 2, & 3)
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ASLBP No. 01-791-01-CivP EA 99-234 DECLARATION OF G. DONALD HICKMAN G. Donald Hickman subscribes and declares:
- 1.
1 am employed by the Office of the Inspector General (OIG) of the Tennessee Valley Authority (TVA) as Acting Inspector General, a position I have held since November 26, 2001. Prior to that date, I was the Assistant Inspector
~ General for Investigations, a position I held since April 1994. In the position of.
Assistant Inspector General for Investigations, I was responsible for overseeing the investigations the OIG conducts and the investigative records the OIG maintains. Prior to being assigned to the position of Assistant Inspector General, I held the position of Manager, Internal Investigations, OIG. Prior to coming to TVA in 1986, 1 was employed in the Federal Bureau of Investigation (FBI) for over eight years. My last position with the FBI was as Special Agent in the Washington, D.C., Field Office.
The following statement is based on personal and official knowledge acquired in the performance of my official duties.
- 2.
OIG is an independent unit within TVA which operates under the authority of the Inspector General Act of 1978, as amended, 5 U.S.C. app. at 1381-99,
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§§ 1-12 (2000). OIG is responsible for investigating, among other duties, allegations of misconduct by TVA employees. As an independent unit, OIG is solely responsible for determining the scope of its investigations and the methods used in those investiga-tions. While other TVA organizations can and do request OIG to investigate matters of concern to those organizations, OIG conducts those investigations without any control or review by other TVA organizations.
- 3.
I have read the Nuclear Regulatory Commission (NRC) Staff's representation that Edward J. Vigluicci, an attorney in TVA's Office of General Coun-sel (OGC), drafted the response to the August 24, 1993, letter from then Senator Jim Sasser to William L. Hinshaw, II, TVA's then Inspector General, seeking assistance regarding Gary Fiser's, William Jocher's, and D. R. Matthews' "concerns about management practices and the corrective action process at the Tennessee Valley Authority."
A copy of the Senator Sasser August 24, 1993, letter is attached hereto as exhibit A.
- 4.
A review of OIG records shows the OIG sent three responses to Senator Sasser, dated September 9 and October 22, 1993, and April 22, 1994. Copies of those responses are attached hereto as exhibits B, C, and D, respectively. I was involved in the preparation of each of those responses, either as the initial preparer or as a reviewer. Each of those letters was prepared and reviewed by OIG personnel.
Based on its independence and reporting relationship to Congress, the OIG can and does communicate directly with Congress without seeking any input from TVA organi-zations, including OGC. To the best of my knowledge, Vigluicci did not draft, pre-pare, review, or comment on any of the responses to the Sasser letter before they were released.
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Pursuant to 28 U.S.C. § 1746 (1994), I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 4th day of April, 2002.
G. Donald Hickman 003693569
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0 1bASS ER I p.NSSU WMitEd AtjN tattg SeC5 te WAS'NINGTON. DC 205 10 4201 COUI..17g1 APPROPRIATIONS BANKING. HOUSING.
AND URBAN AFFAIRS BU GET-CHA GOVERNMENTAL AFFAIRS August 24, 1993 Honorable; William L. Hinshaw, II Inspector General Tennessee Valley Authority 400 West Summit Hill Drive Knoxville,-Tennessee 37902
Dear Inspector General Hinshaw:
I have received the enclosed correspondence from Mr. W.
F. Jocher, Mr. G. L.' Fiser and Dr. D. R. Matthews regarding their concerns about management practices and the corrective action process at the Tennessee Valley Authority.
These gentlemen allege that the use of Signi ficant Corrective Action Reports is discouraged to the extent that employees will not report problems to upper management officials for fear of retaliation. Specifically, these gentlemen indicate that changes in the status of their employment with TVA was a direct result of their efforts to bring problems to the attention of the appropriate officials.
I am very concerned about the events detailed in the enclosed letter, and I would appreciate your looking into these matters, being as helpful as possible to the concerns raised.
I would further appreciate your providing me with a report.
Thank you for your courtesy} nd assistance.
States Senator Exhibit A AJ 667
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9 1993 The Honorable Jim Sasser United States Senate Washington, D.C. 20510-4201
Dear Senator Sasser:
This is in response to your August 24, 1993, letter in the interest of your constituents W. F. Jocher, G. L. Fiser, and Dr. D. R. Matthews.
These gentlemen expressed concerns about management practices and the corrective action process at the Tennessee Valley Authority.
Jocher and Matthews previously filed section 211, Energy Reorganization Act (ERA) complaints with the U. S. Department of Labor, Wage and Hour Administration, based on identical information provided to you.
The following information is provided for your consideration.
In keeping with an established policy, the OIG investigates section 211, Energy Reorganization Act complaints in parallel with the U.S. Department of Labor (DOL).
Our purpose is to determine if a violation of the TVA Code occurred and to provide management relevant information which affords an opportunity for timely resolution of complaints prior to prolonged and expensive litigation in the DOL forum.
Our findings address potential employee misconduct by TVA employees. We do not ascertain whether a violation of the ERA occurred since that responsibility is entrusted to the DOL.
My office initiated separate employee conduct investigations of circumstances surrounding the section 211, Energy Reorganization Act complaints of D. R. Matthews and W. F. Jocher on March 5, 1993, and July 13, 1993, respectively. To date, my office has not received a complaint from G. L. Fiser. My staff attempted to interview Fiser recently because he was implicated as a witness in the concerns of W. F.
Jocher. Fiser is presently a full-time TVA employee who, on the advice of his legal representative, refused to submit to an interview with my staff.
(The TVA Code prohibits an employee's refusal to cooperate with an OIG administrative inquiry. Consequently, we may recommend charging m:
Fiser with insubordination if he refuses to cooperate wit our 6 EP 14 1993 AJ 665 SEP14 Exhibit B
The Honorable Jim Sasser Page 2 th?
9 1993 Our parallel investigation of W. F. Jocher's section 211 complaint is continuing.
The investigation is hampered by Jocher's refusal to meet with my staff to discuss his issues.
(Jocher is no longer employed with TVA.) Jocher's attorney recommended that his client not cooperate with the OIG because he perceived Jocher's interests would not be well served in future litigation efforts against TVA.
Nonetheless, we will continue our investigation of Jocher's concerns and will supplement our inquiry with information provided by Jocher in his August 16, 1993, letter to you.
Your staff may assist me in this matter by encouraging Jocher to grant an interview to my staff at the earliest possible time.
On July 19, 1993, my office completed an employee conduct investigation of issues presented by D. R. Matthews.
In our report, we established a clear nexus between Matthews' expression of staff views concerning the operation of the nuclear chemistry program at the Watts Bar Nuclear Plant and a decision to terminate Matthews (later changed to a demotion). In response to the OIG report, Oliver D. Kingsley, Jr., President of the TVA Generating Group, removed the offending manager from his position. The manager subsequently resigned his TVA employment. A decision regarding the status of D. R. Matthews is unsettled.
I have also been advised the Nuclear Regulatory Commission, Office of Investigation, Region II, Atlanta, Georgia, initiated two investigations based on identical information contained in the August 16, 1993, letter from Jocher, Fiser, and Matthews.
The NRC inquiries involve alleged discriminatory treatment of Jocher by TVA management and alleged false or misleading information to the-NRC by TVA in response to an NRC Notice of Violation. You may wish to contact the NRC regarding the status of these investigations..
Based on information provided in the August 16, 1993, letter from Jocher, Fiser, and Matthews, my staff will recontact Jocher and Fiser in an effort to obtain relevant information of employee misconduct. No contact is anticipated with Matthews because we completed a recent investigation of his concerns and management action is pending.
I will provide you a summary of findings when our investigations are completed.
Thank you for referring this information for my review.
Sincerely,
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William L. Hinshaw, II Inspector General GDH:LU I
cc:
Alan J. Carmichael, W 1lA-K (w/incoming)
Edward S. ChristenburV, ET 11-K (v/incoming)
OIG File No. 2D-129 OIG File No. 2D-133 bc:
Craven Crowell, ET 12A-K (v/incoming)
Oliver D. Kingsley, LP 6A-C (w/incoming) 5167d AJ 666
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up-a i G 615 632 A1130 P. ZM/CCZ-O CT zz7 c0.13 The Honorable Jim Sasser United. States Senate Washington) D.C. 20S10-4Z01 This is to provide -you additional information. about the Office of -the inspector General. investigation of concerns raised by TVA employee D. R.
Hatthevs. This is follow-up to my September 9, 1993, letter and a conversation, an October 14, 1993, between Assistant Inspector General (Investigations) George T. Prosser and Kate Heatherin~gcoo -of 'your office.
As was previously mentioned in my September 9, 1993, letter, my office initiated aeparate employee conduct investigations of circumstances surrounding the Section 211, Energy Reorganization Act complaints of D. P. Matthevs and 'W. P. Jother on Harch Sp 1993, and July 13, 1993, Since my initial letter to 'you, a.
Memorandum of Understanding and Agreement was entered into an September 16, 1993, betveen Matthavs and TVA. Under the terms of the agreement,, Matthevs; received a lump sum nonetary senttlent and. accepted a positionL as a Chiemistry Program Manager at Watts Bar 'Nuclear 71ant, In return, Matthews agreed to release TVA and its representatives from anr liability and to exeacute the appropriate papers to dismiss all pending proceedings against TVA.
Based on the acreement between Matthews and TVA, the Department' of Labor, Wige and Eour Division, is taking to further action regarding Matthews' complaint under the Enexrgy Reorganization Act i~n view of thi5 Agreement.
Omr investigation regarding W. F. Jacher'a Section 211 complaint in continuing.
I will, provide you a summary of our findings when the investigation is completed.
Thank you for your interest in this matter.
Sincerely, Origrinal Stgnod ED.y WIlliam L Kinshayl.II William L. Einshaw, 1-1 Insptetor General GDRI:BBT:LU cc:
Alan J. Carmichael., VI lU-YK Edward S. ChristenburYj ET I12-YK QIG File 2D-129 01G 'File 2D-133\\
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.Oliver P, TrinssleY, L?' GA-C 1071D Exhibit C AJ 668 ESLS ISL M?'S~
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APR 2 ~ M~4 The Hohorable Jim Sasse United States Senate Washing3ton, DC 20510-4
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Dear Senator Sasser:
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Please refer to William L. Hinshaw's letter to you dated October 22, 1S93, regarding allegations made by William F. Jocher, a former Corporate Chemistry Manageir at'TVA. Jocher alleged,TVA management forced him to resign because he expressed nuclear safety concerns. Jocher filed -a complaint with the U.S.
Department of Labor (DOL) under Section 211 of the Energy Reorganization Act (ERA) on June 29, 1993, claiming ha was forced to resign for engaging in protected activities at a TVA nuclear facility. A decision In the case is pending with the DOL.
Based on a request from TVA management, my office initiated a parallel investigation of the circumstances surrounding the alleged adverse treatment of Jocher.:A summary of our findings follows. It is based solely on our Investigation and it does not conclude Jocher was terminated for raIsing safety concerns. We did not Determine whether a violation of the ERA occurred since that responsibility is entrus~ted to DOL. Specifically, our purpose in conducting a parallel investigation with the DOL is to determine whether any current or former TVA employees violated the TVA Code and also to provide management relevant information affording an opportunity for timely resolution of DOL complaints.
our investigation found no direct evidence showing Jocher was ask-ed to resign because he raised safety concerns. Rather, management consistently stated Jocher was removed because of performance problems, and there is evidence supporting management's position. We found some contradictory evidence Exhibit D AJ 669 I-Me Id d s-o bra SOM Fope-TZ-93=1
d IdIol SENSUIiVE The Honorable Jim Sasser Page 2 APR 2 2 ?9V regarding the extent of Jocher's performance problems. We Made no recommandatlofls to TVA management regarding Jocher's requested resignetionl.
Thank you for your interest in this matter. I hope you will contact our office if we can be of further assistance.
Sincerely#
CAOi.aL $iaried By G~ee ~. Po~sor George Ir. Prosser lnspector General BBT:ABF:SAIB cc:
Edward S. Christenbury. ET I11K-K.
Ronald A. Loving, Washington OIG File No. 2D-1 29 OIG File No. 2D-1 33 bc:
Craven Crowell, ET I 2A-K Oliver D. Kingsley, LP 6A-C Brent Marquand, ET 1 I H-K
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