ML042950616
| ML042950616 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, Seabrook |
| Issue date: | 10/20/2004 |
| From: | Collins S Region 1 Administrator |
| To: | Balduzzi M, Daniels D, Peschel J, Warner M Entergy Nuclear Operations, Florida Power & Light Energy Seabrook, Williams Power Corp |
| References | |
| 1-0240-04-004, EA-04-179, EA-04-180 EA-04-181 | |
| Download: ML042950616 (13) | |
Text
October 20, 2004 EA-04-181 Mr. Mark E. Warner Site Vice President c/o James M. Peschel FPL Energy Seabrook, LLC Seabrook Station P.O. Box 300 Seabrook, NH 03874
SUBJECT:
ALLEGED DISCRIMINATION (U.S. Department of Labor Occupational Safety and Health Administration Case No. 1-0240-04-004)
Dear Mr. Warner:
On February 19, 2004, the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) in Providence, Rhode Island, received a complaint from an individual who indicated that he was blacklisted by Williams Power Corporation (WPC) in retaliation for voicing nuclear safety concerns to WPC supervisors. In response to that complaint, OSHA conducted an investigation, and in a letter dated September 8, 2004, the Area Director of OSHA found that the evidence obtained during its investigation supports a prima facie complaint and a merit finding. OSHA found that WPC had not shown by clear and convincing evidence that it did not blacklist the individual on September 18, 2003, when he was de-selected from an employee list appointed to work a scheduled maintenance shutdown at your Seabrook Nuclear Power Plant (Seabrook). OSHA also found that this occurred after the individual had engaged in a protected activity at the Pilgrim Nuclear Power Plant (Pilgrim) in April 2003.
In its September 8, 2004 letter, OSHA noted that the individual was previously hired by WPC as a pipefitter for a plant shutdown at Pilgrim on or about April 3, 2003, and was laid off at Pilgrim on April 29, 2003, after refusing to work under conditions that he alleged were illegal. OSHA noted that in refusing to violate requirements at Pilgrim, and in identifying the alleged illegality to the employer, the individual was engaged in a protected activity. In addition, OSHA found that on September 17, 2003, WPC gave the individual a start date of September 22, 2003, to commence work at Seabrook, but then informed the individual a day later (September 18, 2003) that he had been de-selected from the list of employees. Based on its investigation, OSHA concluded that WPC violated the employee protection provisions of the Energy Reorganization Act by blacklisting the individual in September 2003.
The NRC recognizes that WPC has appealed the OSHA finding to a DOL Administrative Law Judge. However, since WPC was working as a contractor for Seabrook, and since you are responsible for the acts of your contractors as they apply to the Seabrook station, the NRC is concerned, based on the information contained in the OSHA finding, that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred. We are also concerned that this matter could have a chilling effect on other licensee or contractor personnel
working at Seabrook in that it might deter them from identifying any nuclear safety related concerns they may have.
Accordingly, the NRC has decided that pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended or revoked, or whether other enforcement action should be taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees at Seabrook to raise safety and compliance concerns within your organization and, as discussed in NRC Form 3, to the NRC.
After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
We recognize that you may not believe that unlawful discrimination has occurred. However, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees. Such action may be needed not only because of this OSHA finding, but also in light of a previous discrimination finding involving a WPC employee at Seabrook. Specifically, on August 3, 1999, the NRC issued a $55,000 civil penalty to North Atlantic Energy Service Corporation (NAESC) (the prior operator of Seabrook) as well as a Notice of Violation to WPC, for a violation involving the discrimination against a WPC employee (electrician) at the Seabrook station (Reference; EA 98-338). NAESC paid the civil penalty on September 2, 1999.
In accordance with 10 CFR 2.390 of the NRC's "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 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.
Similar letters are being sent on this date to Williams Power Corporation, and well as Entergy Nuclear Operations (the operator of the Pilgrim plant). Copies of those letters are enclosed.
For questions concerning this letter, please contact Dr. Ronald Bellamy, NRC, Region I, at 610-337-5200 or via e-mail at RRB1@nrc.gov.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator Enclosures 1.
Letter to Williams Power Corporation 2.
Letter to Entergy Nuclear Operations, Inc.
Docket No.
50-443 License No.
cc:
J. A. Stall, FPL Senior Vice President, Nuclear & CNO J. M. Peschel, Manager - Licensing G. F. St. Pierre, Station Director - Seabrook Station R. S. Kundalkar, FPL Vice President - Nuclear Engineering D. G. Roy, Nuclear Training Manager - Seabrook Station Office of the Attorney General, Commonwealth of Massachusetts P. McLaughlin, Attorney General, State of New Hampshire P. Brann, Assistant Attorney General, State of Maine M. S. Ross, Attorney, Florida Power & Light Company R. Walker, Director, Dept. of Public Health, Commonwealth of Massachusetts B. Cheney, Director, Bureau of Emergency Management C. McCombs, Acting Director, MEMA Administrator, Bureau of Radiological Health, State of New Hampshire W. Meinert, Nuclear Engineer, Massachusetts Municipal Wholesale Electric company T. Crimmins, Polestar Applied Technology R. Backus, Esquire, Backus, Meyer and Solomon, New Hampshire Town of Exeter Board of Selectmen S. Comley, Executive Director, We the People of the United States R. Shadis, New England Coalition Staff M. Metcalf, Seacoast Anti-Pollution League Dan Daniels Williams Power Corporation 2076 West Park Place Stone Mountain, Georgia 30087 Mr. Michael A. Balduzzi, Site Vice President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508
Distribution:
A. Blough, RI B. Holian, RI W. Lanning, RI R. Crlenjak, RI C. Anderson, RI R. Bellamy, RI D. Holody, RI D. Vito, RI E. Wilson, OI F. Congel, OE J. Luehman, OE L. Jarriel, OE B. Clayton, RIII J. Heller, RIII G. Cwalina, NRR OEMAIL F. Congel, OE C. Camaron, OGC Associate Director for Inspection & Programs, NRR [For NRR matters]
W. Raymond, SRI, Pilgrim G. Dentel, SRI, Seabrook Fred Joseph Jr., Acting Area Director, OSHA DOCUMENT NAME: E:\\Filenet\\ML042950616.wpd After declaring this document An Official Agency Record it will be released to the Public.
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 RI/DNMS RI/DRP RI/ORA RI/ORA RII/OI NAME Rbellamy (RRB)
Ablough (ARB)
Dvito (DJV)
Dholody (DJH)
Ewilson (EPW)
DATE 10/05/04 10/06/04 10/04/04 10/04/04 10/07/04 OFFICE RI/ORA HQ/OE RI/RA NAME Kfarrar (KLF)
Fcongel
- Scollins (SJC)
DATE 10/06/04 10/19/04 OFFICIAL RECORD COPY
- Concurrence via e-mail from Doug Starkey, OE 10/18/04.
1 October 20, 2004 EA-04-179 Williams Power Corporation ATTN: Dan Daniels 2076 West Park Place Stone Mountain, Georgia 30087
SUBJECT:
ALLEGED DISCRIMINATION (U.S. Department of Labor Occupational Safety and Health Administration Case No. 1-0240-04-004)
Dear Mr. Daniels:
On February 19, 2004, the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) in Providence, Rhode Island, received a complaint from an individual who indicated that he was blacklisted by Williams Power Corporation (WPC) in retaliation for voicing nuclear safety concerns to WPC supervisors. In response to that complaint, OSHA conducted an investigation, and in a letter dated September 8, 2004, the Area Director of OSHA found that the evidence obtained during its investigation supports a prima facie complaint and a merit finding. OSHA found that WPC had not shown by clear and convincing evidence that it did not blacklist the individual on September 18, 2003 when he was de-selected from an employee list appointed to work a scheduled maintenance shutdown at the Seabrook Nuclear Power Plant (Seabrook). OSHA found that this occurred after the individual had engaged in a protected activity at the Pilgrim Nuclear Power Plant (Pilgrim) in April 2003.
In its September 8, 2004 letter, OSHA noted that the individual was hired by WPC as a pipefitter for a plant shutdown at Pilgrim on or about April 3, 2003, and was laid off at Pilgrim on April 29, 2003, after refusing to work under conditions that he alleged were illegal. OSHA also noted that in refusing to violate requirements at Pilgrim, and in identifying the alleged illegality to the employer, the individual was engaged in a protected activity. In addition, OSHA found that on September 17, 2003, WPC gave the individual a start date of September 22, 2003, to commence work at Seabrook, but then informed the individual a day later (September 18, 2003) that he had been de-selected from the list of employees. Based on its investigation, OSHA concluded that WPC violated the employee protection provisions of the Energy Reorganization Act by blacklisting the individual in September 2003.
While the NRC recognizes that WPC has appealed the OSHA finding to a DOL Administrative Law Judge, the NRC is concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred. We are also concurred that this matter could have a chilling effect on other WPC personnel working at nuclear power plants, as well as other licensee or contractor personnel working at Pilgrim or Seabrook, in that these workers might be deterred from identifying any nuclear safety related concerns they may have.
Mr. D. Daniels 2
Accordingly, the NRC has decided that pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether enforcement action should be taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes the actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization and, as discussed in NRC Form 3, to the NRC. After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
We recognize that you may not believe that unlawful discrimination has occurred. However, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees. Such action may be needed not only because of this OSHA finding, but also in light of the WPC past history regarding discrimination issues, as noted below.
On August 3, 1999, the NRC issued WPC a Notice of Violation for discriminating against another WPC employee (electrician) at Seabrook (
Reference:
EA 98-338). In addition, the NRC is still reviewing potential violations for an apparent discrimination issue involving WPC wherein a WPC employee was laid off at the Perry Nuclear Power Plant after raising nuclear safety issues, and was subsequently denied reemployment at the Davis Besse Nuclear Power Plant.
In accordance with 10 CFR 2.390 of the NRC's "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 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.
Similar letters are being sent on this date to the operators of the Pilgrim and Seabrook plants.
Copies of those letters are enclosed. For questions concerning this letter, please contact Dr. Ronald Bellamy, NRC, Region I, at 610-337-5200 or via e-mail at RRB1@nrc.gov.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator
Enclosures:
3.
Letter to Entergy Nuclear Operations, Inc.
4.
Letter to FPL Energy Seabrook, LLC
Mr. D. Daniels 3
cc:
Mr. Michael A. Balduzzi, Site Vice President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508 Mr. Mark E. Warner, Site Vice President c/o James M. Peschel FPL Energy Seabrook, LLC Seabrook Station P.O. Box 300 Seabrook, NH 03874 Commonwealth of Massachusetts State of New Hampshire State of Ohio
Mr. D. Daniels 4
Distribution:
A. Blough, RI B. Holian, RI W. Lanning, RI R. Crlenjak, RI C. Anderson, RI R. Bellamy, RI D. Holody, RI D. Vito, RI E. Wilson, OI F. Congel, OE J. Luehman, OE L. Jarriel, OE B. Clayton, RIII J. Heller, RIII G. Cwalina, NRR OEMAIL F. Congel, OE C. Cameron, OGC Associate Director for Inspection & Programs, NRR [For NRR matters]
W. Raymond, SRI, Pilgrim G. Dentel, SRI, Seabrook Fred Joseph Jr., Acting Area Director, OSHA DOCUMENT NAME: E:\\Filenet\\ML042950616.wpd After declaring this document An Official Agency Record it will be released to the Public.
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 RI/DRP RI/DRP RI/ORA RI/ORA RII/OI NAME Dflorek/Kjennison (DLF)
Ablough (ARB)
Dvito (DJV)
Dholody (DJH)
Ewilson (EPW)
DATE 10/01/04 10/06/04 10/04/04 10/04/04 10/07/04 OFFICE RI/ORA HQ/OE RI/RA NAME KFarrar Fcongel
- Scollins (SJC)
DATE 10/06/04 10/19/04 OFFICIAL RECORD COPY
- Concurrence received via e-mail from Doug Starkey, 10/18/04.
October 20, 2004 EA-04-180 Mr. Michael A. Balduzzi Site Vice President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508
SUBJECT:
ALLEGED DISCRIMINATION (U.S. Department of Labor Occupational Safety and Health Administration Case No. 1-0240-04-004)
Dear Mr. Balduzzi:
On February 19, 2004, the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) in Providence, Rhode Island, received a complaint from an individual who indicated that he was blacklisted by Williams Power Corporation (WPC) in retaliation for voicing nuclear safety concerns to WPC supervisors. In response to that complaint, OSHA conducted an investigation, and in a letter dated September 8, 2004, the Area Director of OSHA found that the evidence obtained during its investigation supports a prima facie complaint and a merit finding against WPC. OSHA found that WPC had not shown by clear and convincing evidence that it did not blacklist the individual on September 18, 2003 when he was de-selected from an employee list appointed to work a scheduled maintenance shutdown at the Seabrook Nuclear Power Plant (Seabrook). OSHA found that this occurred after the individual had engaged in a protected activity at your Pilgrim Nuclear Power Plant (Pilgrim) in April 2003.
In its September 8, 2004 letter, OSHA noted that the individual was previously hired by WPC as a pipefitter for a plant shutdown at Pilgrim on or about April 3, 2003, and was laid off at Pilgrim on April 29, 2003, after refusing to work under conditions that he alleged were illegal. OSHA also noted that in refusing to violate requirements at Pilgrim, and in identifying the alleged illegality to the employer, the individual was engaged in a protected activity. In addition, OSHA found that on September 17, 2003, WPC gave the individual a start date of September 22, 2003, to commence work at Seabrook, but then informed the individual a day later (September 18, 2003) that he had been de-selected from the list of employees. Based on its investigation, OSHA concluded that WPC violated the employee protection provisions of the Energy Reorganization Act by blacklisting the individual in September 2003.
The NRC is concerned, based on the review of the information contained in the OSHA finding, that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have also occurred at Pilgrim. OSHA noted that the individual was an experienced pipefitter in the nuclear industry, and was told by WPC supervisors at Pilgrim in April 2003 to replace level switches and related piping even though the individual did not have correct paperwork and blueprints to do so. OSHA also noted that since the individual knew he would be violating safety requirements if he built parts at Pilgrim that were not in accordance with the
Mr. M. Balduzzi 2
specifications, he expressed concern to a WPC supervisor and was told thats the way its done at Williams and if you dont like it you can get your layoff slip now. The individual and some co-workers then left work at Pilgrim. Based on this OSHA finding, the NRC is also concerned whether the actions by the WPC supervisors at Pilgrim in April 2003 may have had a chilling effect on other station or contractor personnel at Pilgrim, including WPC personnel.
Accordingly, the NRC has decided that pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees at Pilgrim, including your own employees as well as contractor personnel, to raise safety and compliance concerns within your organization and, as discussed in NRC Form 3, to the NRC. After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
We recognize that you may not believe that unlawful discrimination has occurred. Nonetheless, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
In accordance with 10 CFR 2.390 of the NRC's "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 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.
Similar letters are being sent on this date to Williams Power Corporation, as well as FPL Energy Seabrook LLC (the operator of the Seabrook plant). Copies of those letters are enclosed. For questions concerning this letter, please contact Dr. Ronald Bellamy, NRC, Region I, at 610-337-5200 or via e-mail at RRB1@nrc.gov.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator Enclosures 5.
Letter to Williams Power Corporation 6.
Letter to FPL Energy Seabrook, LLC Docket No. 50-293 License No. DPR-35
Mr. M. Balduzzi 3
cc:
G. J. Taylor, Chief Executive Officer, Entergy Operations M. Kansler, President, Entergy Nuclear Operations, Inc.
J. T. Herron, Senior Vice President and Chief Operating Officer S. J. Bethay, Director, Nuclear Assessment D. L. Pace, Vice President, Engineering B. OGrady, Vice President, Operations Support J. F. McCann, Director, Nuclear Safety Assurance C. D. Faison, Manager, Licensing M. J. Colomb, Director of Oversight, Entergy Nuclear Operations, Inc.
D. Tarantino, Nuclear Information Manager B. S. Ford, Manager, Licensing, Entergy Nuclear Operations, Inc.
J. M. Fulton, Assistant General Counsel, Entergy Nuclear Operations, Inc.
S. Lousteau, Treasury Department, Entergy Services, Inc.
R. Walker, Department of Public Health, Commonwealth of Massachusetts The Honorable Therese Murray The Honorable Vincent deMacedo Chairman, Plymouth Board of Selectmen Chairman, Duxbury Board of Selectmen Chairman, Nuclear Matters Committee Plymouth Civil Defense Director D. OConnor, Massachusetts Secretary of Energy Resources J. Miller, Senior Issues Manager Office of the Commissioner, Massachusetts Department of Environmental Protection Office of the Attorney General, Commonwealth of Massachusetts Electric Power Division, Commonwealth of Massachusetts R. Shadis, New England Coalition Staff D. Katz, Citizens Awareness Network Chairman, Citizens Urging Responsible Energy J. Sniezek, PWR SRC Consultant R. Toole, PWR SRC Consultant Dan Daniels Williams Power Corporation 2076 West Park Place Stone Mountain, Georgia 30087 Mr. Mark E. Warner, Site Vice President c/o James M. Peschel FPL Energy Seabrook, LLC Seabrook Station P.O. Box 300 Seabrook, NH 03874
Mr. M. Balduzzi 4
Distribution:
A. Blough, RI B. Holian, RI W. Lanning, RI R. Crlenjak, RI C. Anderson, RI R. Bellamy, RI D. Holody, RI D. Vito, RI E. Wilson, OI F. Congel, OE J. Luehman, OE L. Jarriel, OE B. Clayton, RIII J. Heller, RIII G. Cwalina, NRR OEMAIL F. Congel, OE C. Cameron, OGC Associate Director for Inspection & Programs, NRR [For NRR matters]
W. Raymond, SRI, Pilgrim G. Dentel, SRI, Seabrook Fred Joseph Jr., Acting Area Director, OSHA DOCUMENT NAME: E:\\Filenet\\ML042950616.wpd After declaring this document An Official Agency Record it will be released to the Public.
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 RI/DRP RI/DRP RI/ORA RI/ORA RII/OI NAME Dflorek (DJF)
Ablough (ARB)
Dvito (DJV)
Dholody (DJH)
Ewilson (EPW)
DATE 10/05/04 10/06/04 10/04/04 10/04/04 10/07/04 OFFICE RI/ORA HQ/OE RI/RA NAME Kfarrar (KLF)
Fcongel
- Scollins (SJC)
DATE 10/06/04 10/19/04 OFFICIAL RECORD COPY
- Concurrence via e-mail from Doug Sharkey, 10/13/04.