ML032970508
| ML032970508 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/10/2003 |
| From: | Blough A Division Reactor Projects I |
| To: | Skolds J AmerGen Energy Co |
| References | |
| 1-2002-A-0143, RI-2002-A-0143 | |
| Download: ML032970508 (3) | |
Text
October 10, 2003 Mr. John L. Skolds RI-2002-A-0143 Chairman and CEO AmerGen Energy Company, LLC 4300 Winfield Road 5th Floor Warrenville, IL 60555
Dear Mr. Skolds:
The Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation to determine if a former non-licensed nuclear plant operator (NPO) was discriminated against (denied sick leave and employment terminated) by AmerGen for raising concerns about the augmented offgas system (AOG) and for cooperating with the NRC in an earlier investigation.
Based on the evidence developed during this investigation, OI did not substantiate that AmerGen discriminated against the NPO for engaging in protected activities. Regarding the NPOs termination on October 30, 2002, OI determined that this appeared to be a legitimate business decision based on the NPOs inability to meet the progression requirements of the non-licensed operator (NLO) position, his/her poor performance in the initial licensed operator training program, the fact that there was no position for the individual to return to since the individuals previous site security position had been outsourced to a contractor, and because the site was downsizing. Also, it did not appear that the managers who made the decision to terminate the NPOs employment had knowledge of his/her protected activity. Regarding the NPOs assertion that management denied him/her sick leave on December 23, 2001, being discriminatory, OI concluded that management had reasonable grounds to deny the NPO the sick leave because of the individuals prior misuse of the sick leave policy. OI also noted that there was evidence that managements decision was independent of the NPOs engagement in protected activity.
Please note that final NRC documents, including the aforementioned OI report, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records (copy enclosed).
Also, in accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if any, will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. John L. Skolds RI-2002-A-0143 2
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/
A. Randolph Blough, Director Division of Reactor Projects
Enclosures:
As Stated
Mr. John L. Skolds Mr. John L. Skolds RI-2002-A-0143 3
Distribution:
F. J. Congel, OE D. Vito, SAC ADAMS (Docket No. 50-219)
D. Screnci, PAO Region I Docket Room (w/concurrences)
DOCUMENT NAME: G:\\ALLEG\\LICENSEE\\20020143LIC.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:RPB7 RI:RC RI:OI NAME DVito/slj/lmh NPerry KFarrar Wilson/Davis DATE 10/9/2003 10/10/2003 10/10/2003 10/9/2003 DRP:DD Blough 10/10/2003 OFFICIAL RECORD COPY