ML033010175

From kanterella
Jump to navigation Jump to search
TVA - Joint Exhibit 67 - Rec'D 09/13/02: April 23, 2002, Joint Stipulation Between TVA and Staff
ML033010175
Person / Time
Site: Browns Ferry, Watts Bar, Sequoyah  Tennessee Valley Authority icon.png
Issue date: 04/17/2002
From:
NRC/SECY, Tennessee Valley Authority
To:
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
+adjud/ruledam200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, EA-99-234, RAS 6095, TVA-Joint-067
Download: ML033010175 (4)


Text

45 6D23 'R 0-39D crVw cr. irtfKti il -_ A t £r~ (Wa April 17, 2002 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket Nos. 50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY ) 50-328-CivP; 50-259-CivP (Watts Bar Nuclear Plant, Unit 1 ) 50-260-CivP; 50-296-CivP Sequoyah Nuclear Plant, Units 1 & 2 )

Browns Ferry Nuclear Plant, Units 1,2 &3) )

) ASLBP No. 01-791-01-CivP

) EA 99-234 JOINT STIPULATION BETWEEN TENNESSEE VALLEY AUTHORITY AND NRC STAFF Pursuant to the Atomic Safety and Licensing Board's (Board) Fifth Telephone Prehearing Conference on April 9, 2002, the Nuclear Regulatory Commission (NRC)Staff and the Tennessee Valley Authority hereby file this joint stipulation regarding the legal opinion of Carolyn Evans in the 1993 Office of Investigations (01) report of Gary Fiser's 1993 Department of Labor complaint. The parties hereby stipulate that:

1. Carolyn Evans is the Regional Counsel for NRC Region II in Atlanta, Georgia and was serving in that capacity at the time Region II 01 issued its report on the alleged discrimination against Gary Fiser by TVA as asserted in his 1993 complaint. Evans is not in the Office of the General Counsel.
2. In her role as Regional Counsel, Evans reviewed the Sequence of Events" and' TVA Office of the Inspector General (OIG) Report of Interview provided to Region II Ol in its investigation of the 1993 Fiser complaint.
3. Based on her review of those two documents, Evans opined that Fiser had not engaged in protected activity and concluded "that there were performance based issues with Mr.

Fiser nothing more."

e/nple= se c9- bg

ORY CUMribi~SN

'ULSAR REGULAI QFe. No~di e~~~~n

)

inthoMOrd -

IDENTIED staff_______________ I/PrL;5 RECEIV pplicant REJECTED

ntervenor -_ _ WITHDRAWN

.)ther -___ W -_-_-

DATE 92-od-

. :fv Clprk

>?-.

~~~~~~~~~~~~~~' C z C- --4
0c.

0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~nn-~

- :~~~~~~~~~~~~~~~~~~

4. The April 12, 1995 memorandum from Carolyn Evans to William McNulty titled

'Review of Documents (Case No. 2-93-068), attached to this joint stipulation, is an authentic NRC document signed by Evans.

We agree to the foregoing matters for purposes of this proceeding only.

%..-or~ - #I 6F For Valley Tennessee ority For NRC Staff

VI ,

UNrTED STATES KF NUCLEAR REGULATORY COMMISSION REGION 1 101 MARIETTA STREET, N.W., SUITE 290 ATLANTA, GEORGIA 3t-3199 April 12, 1995 MEMORANDUM TO: William J. McNulty, Director Office of Investigations Field Office, RII FROM: Carolyn F. E , ". nal Counsel

SUBJECT:

REVIEW OF DOCUMENTS (CASE NO. 2-93-068)

I have reviewed an 85 page document entitled 'Sequence of Events' and a TVA Inspector General Report of Interview of Gary Fiser. On the basis of this review, I could not conclude that Mr. Fiser was pursuing an underlying safety issue or other concern such that his demotion and subsequent RIF were a consequence of hi's having engaged in protected activity'. The Sequence of Events" document and the TA IG Report of Interview seem to reflect that there were performance based issues with Mr. Fiser nothing more.

ti__ ' - IHisrrCOCA PAGE I OF PAGE(S)

CASE No. 2C..9.

BE000225