ML042750146
| ML042750146 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/30/2004 |
| From: | Congel F NRC/OE |
| To: | Nazar M American Electric Power Co |
| Starkey D, OE | |
| References | |
| 3-2001-051, Case No. 02-ERA-00030, EA-04-163 | |
| Download: ML042750146 (3) | |
Text
September 30, 2004 EA-04-163 Mr. M. Nazar Chief Nuclear Officer Nuclear Generation Group American Electric Power Company 500 Circle Drive Buchanan, MI 49107-1395
SUBJECT:
ALLEGED DISCRIMINATION (U.S. Department of Labor Administrative Law Judges Case No. 2002-ERA-00030)
Dear Mr. Nazar:
On June 29, 2004, the U.S. Department of Labor (DOL) Office of Administrative Law Judges (ALJ) (Case No. 2002-ERA-00030) concluded in its Recommended Decision and Order that the employment of a former test engineer supervisor at your D.C. Cook facility was terminated on October 2, 2001, because he raised safety concerns related to exceeding work hours.
American Electric Power Company (AEP) has appealed the ALJ Decision to the DOL Administrative Review Board (ARB). That appeal is pending.
The U.S. Nuclear Regulatory Commission (NRC) notified AEP, by letter dated December 4, 2002, that the NRC Office of Investigations (OI) had conducted an investigation into this matter (OI Report No. 3-2001-051). Based on the information obtained during the OI investigation, the NRC did not substantiate that the former test engineer was discriminated against for raising safety concerns. We have reviewed the ALJ Decision, and as is our normal practice, we will monitor the DOL ARB proceedings to determine if revisiting the matter is warranted.
We recognize that you may not believe that unlawful discrimination occurred. However, the NRC is concerned that, because of the ALJ decision, there exists the potential for a chilling effect on the safety conscious work environment at the D.C. Cook facility. Specifically, our concern is that D.C. Cook employees could be reluctant to identify or raise potential safety concerns for fear of similar retaliation. Therefore, the NRC is requesting that AEP inform the NRC of any actions it has taken, is taking, or plans to take to prevent this event from having a negative effect on the willingness of all D.C. Cook employees to raise safety concerns. Please provide your written response to me at U.S. Nuclear Regulatory Commission, Mail Stop O-14E1, 11555 Rockville, MD 20852, within 30 days of the date of this letter. After reviewing your response, the NRC will determine whether any further action is warranted at this time.
In accordance with 10 CFR 2.390 of the NRCs "Rules of Practice," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at
M. Nazar 2
http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
For questions concerning this letter, please contact Mr. Doug Starkey, NRC, Office of Enforcement at 301-415-3456 or via e-mail at drs@nrc.gov.
Sincerely,
/RA/
Frank J. Congel, Director Office of Enforcement Docket Nos.: 50-315; 50-316 License Nos.: DPR-58; DPR-74 cc:
J. Jensen, Site Vice President M. Finissi, Plant Manager G. White, Michigan Public Service Commission Michigan Department of Environmental Quality Emergency Management Division MI Department of State Police D. Lochbaum, Union of Concerned Scientists
M. Nazar 3
Distribution:
B. Clayton, RIII C. Weil, RIII R. Franovich, NRR F. Congel, OE J. Luehman, OE D. Starkey, OE J. Longo, OGC OE Day File ADAMS OFC OE OE:DD OE:D NAME DStarkey JLuehman FCongel DATE 09/14/04 09/14/04 09/14/04 C-COVER E-COVER & ENCLOSURE N-NO COPY OFFICIAL RECORD COPY