ML052510440
| ML052510440 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 08/31/2005 |
| From: | Mary Johnson NRC/OE |
| To: | Kansler M Entergy Nuclear Operations |
| Fretz R | |
| References | |
| 2003-ERA-00022, EA-05-098 EA-05-098 | |
| Download: ML052510440 (3) | |
Text
August 31, 2005 EA-05-098 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
SUBJECT:
RESPONSE TO REQUEST FOR INFORMATION ON ACTIONS TAKEN AT THE JAMES A. FITZPATRICK NUCLEAR POWER PLANT TO ENSURE EMPLOYEES ARE WILLING TO RAISE SAFETY CONCERNS
Dear Mr. Kansler:
By letter dated June 15, 2005, Entergy Nuclear Operations, Inc. (Entergy) responded to a Nuclear Regulatory Commission (NRC) request to provide information on the actions that Entergy has taken, and is taking, to prevent public knowledge of a U.S. Department of Labor, Office of Administrative Law Judges (ALJ), decision (Case No. 2003-ERA-00022) from having a negative effect on the willingness of James A. FitzPatrick Nuclear Power Plant (FitzPatrick) employees to raise safety concerns.
The NRC staff has reviewed your response, and on July 21, 2005, representatives from Entergy/FitzPatrick and the NRC held a conference call to discuss the June 15, 2005, letter.
Those participating on the telephone call were:
NRC/Office of Enforcement Entergy/FitzPatrick Lisamarie Jarriel David Wallace Robert Fretz Patrick Berry Richard Bleyker In the June 15, 2005, letter, Entergy stated that its management must continuously work to foster a safety conscious work environment (SCWE), an environment that assures that employees can raise safety concerns without fear of potential adverse effects. The licensee pointed to nuclear safety culture surveys performed by an independent contractor which indicated that FitzPatrick rated very good to excellent in the most recent assessments.
Entergys letter also stated that FitzPatrick employees continue to raise and document issues at a rate of 400 to 500 condition reports per month.
During the telephone call, the NRC staff asked if Entergys evaluation had determined whether or not employees within the individuals former work group were raising issues at the same rate following the decision made by the ALJ. The NRC staff was concerned that site-wide statistics could mask a chilling effect within the former employees work group. The licensee clarified that, while it had not reviewed the condition report data for specific organizations, Entergy had recently assessed the SCWE for this group and identified no concerns.
M. Kansler The licensees June 15, 2005, letter further stated that all supervisory personnel at Entergy received SCWE training during the months of May and June 2005, and that this training was given by Entergy senior management. During the conference call, the NRC staff asked whether the potential chilling effect that might occur as a result of employees knowledge of the ALJ decision was discussed during the recent training. The licensee responded by stating that the circumstances surrounding this case were reviewed during the supervisory training held in May and June. In addition, the licensee added that the case was briefly discussed at FitzPatrick during recent station update meetings with employees.
Finally, during the July 21, 2005, conference call, the licensee noted that the number of allegations at FitzPatrick are down over the past two years, while the number of issues addressed by the employee concerns program are increasing. Entergy sees this as a positive trend in that more people are willing to raise issues through internal processes implemented at FitzPatrick, rather than raise issues outside the organization.
Based on its review of the June 15, 2005, letter and the clarifying information provided during the telephone conference call on July 21, 2005, the NRC staff finds that Entergy was responsive to its May 16, 2005, request for information concerning the actions the licensee has taken, is taking, or plans to take to prevent public knowledge of the ALJ decision from having a negative effect on the willingness of all FitzPatrick employees to raise safety concerns. 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.
For questions concerning this letter, please contact Mr. Robert Fretz, NRC, Office of Enforcement at 301-415-1980 or via e-mail at rxf@nrc.gov.
Sincerely,
/RA/
Michael R. Johnson, Director Office of Enforcement Docket No.: 50-333 License No.: DPR-59 cc: See next page
M. Kansler cc:
G. Taylor, CEO, Entergy Operations M. Kansler, President, Entergy K. Mulligan, General Manager, Plant Operations O. Limpias, VP Engineering B. OGrady, VP Operations Support M. Colomb, Director of Oversight S. Bono, Director, Nuclear Safety Assurance A. Halliday, Manager, Regulatory Compliance J. Fulton, Assistant General Counsel Supervisor, Town of Scriba S. Lyman, Oswego County Administrator C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law P. Eddy, Electric Division, Department of Public Service, State of New York P. Smith, President, New York State Energy Research and Development Authority J. Spath, SLO Designee, New York State Energy Research and Development Authority S. Lousteau, Treasury Department T. Judson, Central New York, Citizens Awareness Network D. Katz, Citizens Awareness Network
- via email dtd 08/18/05 OFFICE OE RI OE/DD OE/D NAME RFretz DVito*
JLuehman MJohnson DATE 08/24/05 08/18/05 08/29/05 08/31/05