ML052200393
| ML052200393 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/05/2005 |
| From: | Brian Holian Division Reactor Projects I |
| To: | Herron J Entergy Nuclear Operations |
| References | |
| RI-2003-A-0071 | |
| Download: ML052200393 (3) | |
Text
August 5, 2005 Mr. John T. Herron RI-2003-A-0071 Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
Dear Mr. Herron:
On May 29, 2003, the Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation (Case No. 1-2003-036) to determine if an individual, contracted by Westinghouse to work at Indian Point during a refueling outage, was discriminated against by being removed from the 2003 refueling outage work at Indian Point 3 as a result of previous engagement in protected activity at Millstone in the mid-1990s (actions of which the Site Vice President at Indian Point was cognizant).
As a result of the evidence developed during the investigation, OI confirmed that the individual was involved in protected activity at Millstone, and that the Indian Point Site Vice President (who worked at Millstone during the same time frame in the mid-1990s) was aware of the protected activity. OI also confirmed that the Site Vice President knew of the individuals involvement with union issues previously at Millstone and recalled dealing with the individual regarding labor-union issues in the past. OI affirmed that the Site Vice President did contact the Westinghouse Site Manager at Indian Point and discussed his previous interactions with the individual.
Based on the evidence developed during the investigation, OI noted that the Site Vice President did not specifically request that the individual be released from the site, and also that there was insufficient evidence to conclude that the Site Vice Presidents statement to the Westinghouse Site Manager was connected to the individuals protected activity at Millstone. Additionally, OI noted that the individuals past activities at Millstone involved both protected and labor-union activities, and could not distinguish whether the Site Vice Presidents statement or intentions were in reference to one or the other type of activity (or both). As such, it could not be definitively established that the Site Vice Presidents statement or intentions were associated with NRC-regulated activities. OI also determined that the Westinghouse representatives who were directly associated with the individuals employment release from Indian Point did not have knowledge of the individuals protected activity at Millstone. As a result of the findings of the OI investigation, the NRC was unable to conclude that the individual was discriminated against for engaging in protected activity in this instance.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. John T. Herron RI-2003-A-0071 2
Please note that final NRC documents, such as the OI report described above, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
Also, in accordance with 10 CFR 2.390 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).
Should you have any questions regarding this letter, please feel free to contact Mr. B.
McDermott of my staff at (610) 337-5233.
Sincerely,
/RA/
Brian E. Holian, Director Division of Reactor Projects
Enclosure:
10 CFR 9.23, Requests for Records
Mr. John T. Herron RI-2003-A-0071 3
Distribution:
M. Johnson, OE D. Vito, SAC ADAMS (Docket No. 50-286)
D. Screnci, PAO Region I Docket Room (w/concurrences)
Allegation File No. RI-2003-A-0071 DOCUMENT NAME:G:\\ALLEG\\LICENSEE\\20030071lic.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 E DRP/RPB2 N OI:RI/FOD N
DRP/DD ORA/RC NAME DVito/lmh BMcDermott EWilson BHolian KFarrar DATE 07/14/05 & 8/5/05 06/23/2005 06/23/2005 06/29/2005 06/27/2005 OFFICIAL RECORD COPY