ML041980049

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Alleged Discrimination Against Employee for Reporting Safety Concerns (Office of Investigations Case Number 2-2003-015)
ML041980049
Person / Time
Site: McGuire, Mcguire  Duke Energy icon.png
Issue date: 06/18/2004
From: Boland A
Division of Nuclear Materials Safety II
To: Gordon Peterson
Duke Energy Corp
References
2-2003-015
Download: ML041980049 (3)


Text

June 18, 2004 Duke Energy Corporation ATTN: Mr. G. R. Peterson Vice President McGuire Nuclear Station 12700 Hagers Ferry Road Huntersville, NC 28078-8985

SUBJECT:

MCGUIRE NUCLEAR STATION - ALLEGED DISCRIMINATION AGAINST EMPLOYEE FOR REPORTING SAFETY CONCERNS (OFFICE OF INVESTIGATIONS CASE NUMBER 2-2003-015)

Dear Peterson:

This letter concerns the completion of the investigation conducted by the NRC Office of Investigations (OI) related to alleged discrimination by Duke Energy Corporation against a corporate employee who has also filed a complaint with the U.S. Department of Labor (DOL).

Based on the evidence, documentation, and testimony developed during the investigation, OI did not substantiate the allegation that Duke Energy management discriminated against an individual for reporting safety concerns. With respect to related DOL activity in this case, the complainant did not prevail with the Occupational Safety and Health Administration or the DOL Administrative Law Judge; however, the case remains open pending a final determination by the Administrative Review Board. As such, the NRC will continue to monitor the DOL activity for any appropriate action. We will advise you of our review and conclusions regarding the DOL activities in future correspondence.

In accordance with 10 CFR 2.390 of the NRCs "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs 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).

Should you have any questions regarding this letter, please contact me at 404-562-4653.

Sincerely,

/RA/

Anne T. Boland, Chief Plant Support Branch Division of Reactor Safety Docket Nos: 50-369, 370 License Nos: NPF-9, NPF-17 cc: (See page 2)

DEC 2

cc contd:

C. J. Thomas Regulatory Compliance Manager (MNS)

Duke Energy Corporation Electronic Mail Distribution R. L. Gill, Jr., Manager Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 S. Church Street Charlotte, NC 28201-0006 Lisa Vaughn Legal Department (PB05E)

Duke Energy Corporation 422 South Church Street P. O. Box 1244 Charlotte, NC 28201-1244 Anne Cottingham Winston & Strawn LLP Electronic Mail Distribution Beverly Hall, Acting Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources Electronic Mail Distribution County Manager of Mecklenburg County 720 East Fourth Street Charlotte, NC 28202 Peggy Force Assistant Attorney General N. C. Department of Justice Electronic Mail Distribution

DEC 3

Distribution:

S. Peters, NRR J. Shea C. Evans (Part 72 Only)

O. DeMiranda (RII-2003-A-0022)

L. Slack, RII EICS RIDSNRRDIPMLIPB PUBLIC OFFICE RII-DRS-PSB RII-DRP RII-ORA-EICS SIGNATURE

/RA/

/RA/

/RA/

NAME A BOLAND R HAAG C. EVANS DATE June 18, 2004 June 18, 2004 June 18, 2004 E-MAIL COPY?

YES NO YES NO YES NO OFFICIAL RECORD COPY DOCUMENT NAME: