ML031350165

Letter, Dated April 23, 2003, to Mr. Fred Dacimo OI Initiated Investigation (Case #1-2001-035)

ML031350165
Person / Time
Site:	Indian Point
Issue date:	04/23/2003
From:	Blough A, Brian Holian Division Reactor Projects I
To:	Dacimo F Entergy Nuclear Operations
References
1-2001-035, RI-2001-A-0137
Download: ML031350165 (3)

Text

April 23, 2003 Mr. Fred Dacimo RI-2001-A-0137 Vice President - Indian Point Nuclear Generating Station Entergy Nuclear Operations, Inc.

295 Broadway, Suite 1 Post Office Box 249 Buchanan, New York 10511-0249

Dear Mr. Dacimo:

The Region I Field Office of NRC Office of Investigations (OI) initiated an investigation (Case

1. 1-2001-035) on December 21, 2001, to determine if a contractor security guard was discriminated against in October 2001 (suspended and employment subsequently terminated) by The Wackenhut Corporation (Wackenhut) for raising a safety concern related to a security issue. Based on the evidence developed during this investigation, OI did not substantiate that the contract security guard was discriminated against for engaging in protected activity. A copy of the synopsis of OI Report 1-2001-035 is enclosed for your information.

Notwithstanding the results of the NRCs investigation, we are aware that this discrimination matter is still under review by the U. S. Department of Labor. The NRC will continue to monitor the remaining DOL decisions in this matter to determine if additional action by the NRC is appropriate.

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.

Should you have any questions regarding this letter, please feel free to contact Mr. P.

Eselgroth, of my staff, at (610) 337-5234.

Sincerely,

/RA by B. E. Holian for/

A. R. Blough, Division Director Division of Reactor Projects

Enclosures:

As Stated CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. F. Dacimo 2 RI-2001-A-0137 Distribution:

F. J. Congel, OE D. Vito, SAC ADAMS (Docket No. 50-247)

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

DOCUMENT NAME: G:\ALLEG\LICENSEE\20010137LIC.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:RPB2 RI:OI DRP:DD NAME DVito/slj PEselgroth Wilson/Monroe ARBlough DATE 04/15/2003 04/22/2003 04/16/2003 04/22/2003 OFFICIAL RECORD COPY

SYNOPSIS This investigation was initiated by the U.S. Nuclear Regulatory Commission, Office of Investigations (OI), Region I Field Office, on December 17, 2001, to determine if a contractor security guard employed by the Wackenhut Corporation, working at Entergy Corporations Indian Point Nuclear Power Plant, Unit 2, was discriminated against for engaging in a protected activity. Specifically, the security guard believes that in 2001 he/she was suspended and subsequently terminated because he/she raised a safety concern that involved a security issue.

Based upon the evidence developed during this investigation, OI did not substantiate that the security guard was suspended and subsequently terminated as a result of having engaged in a protected activity.

Case No. 1-2001-035 1