ML052570399
| ML052570399 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 08/06/2003 |
| From: | NRC Region 1 |
| To: | |
| References | |
| FOIA/PA-2004-0314, RI-2002-A-0137 | |
| Download: ML052570399 (2) | |
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g:\\alleg\\panel\\20020137arb6.wpd ALLEGATION REVIEW BOARD DISPOSITION RECORD Allegation No.: RI-2002-A-0137 Site/Facility: Salem ARB Date:
8/6/2003 Branch Chief (AOC): Meyer Acknowledged: Yes Confidentiality Granted: No Issue discussed: Alleger contends that bolting being installed (Hilti bolts) to support a modification in which cable trays are being covered with fire wrap material, will not hold up the cable trays due to added weight of the fire wrap material. Alleger forwarded new information on the technical issues on November 12, 2002 Alleger contends he/she was harassed for raising this concern. Alleger is also concerned that he/she will be suspended by NPS, and that this will negatively affect his ability to get work at other nuclear facilities in the near future. Alleger also indicated that he/she has been put on undesirable jobs since raising his concern.
DOL Area Director Decision and Final Investigative Report dated April 11, 2003, concluded that the alleger did not present clear and convincing evidence that he/she was harassed.
The NRC Office of Investigations completed its review of the alleger's discrimination case (1-2002-042) and could not substantiate that the alleger had been discriminated against for having engaged in protected activities.
Alleger contacted prior to referral to licensee (if applicable)?
NA ALLEGATION REVIEW BOARD DECISIONS Attendees: Chair - McConnell Branch Chief (AOC) - Meyer SAC - Vito 01 Rep. - Wilson RI Counsel - Farrar Others - Crleniak DISPOSITION ACTIONS:
- 1)
DRP completed its review of the NRC Office of Investigations report that documented their conclusion on the alleger's discrimination case and did not identify any new technical issues.
Responsible Person:
Barber Closure Documentation:
ECD:
Completed: 08/04/2003
- 2)
Contact DOL to ascertain if appeal has been filed before closing.
Responsible Person:
Johnson Closure Documentation:
ECD:
08/06/2003 Completed:
- 3) 3 Week OE Memo Responsible Person:
SAC Closure Documentation:
ECD:
8/8/03 Completed:
- 4)
Closeout letter to alleger and licensee with 01 synopsis when 3 week OE memo timeframe expires.
Responsible Person:
SAC Closure Documentation:
ECD:
8/29/03 Completed: _
%cY ARB MINUTES ARE REVIEWED AND APPROVED AT THE ARB
2 SAFETY SIGNIFICANCE ASSESSMENT: The risk significance of this concern was determined to be low because the installed bolting was evaluated and determined to be acceptable.
PRIORITY OF 01 INVESTIGATION: Alleger asserts that some of the reprimands he receive were justified because of a self admitted absentee problem, while the other reprimand are based on an overly critical subjective judgement of his workmanship on the job by his supervisor.
If potential discrimination or wrongdoing and 01 is not opening a case, provide rationale here (e.g., no prima facie, lack of specific indication of wrongdoing):
Rationale used to defer 01 discrimination case (DOL case in progress):
ENFORCEMENT STATUTE OF LIMITATIONS CONSIDERATION (only applies to wrongdoing matters (including discrimination issues) that are under investigation by 01. DOL. or DOJ):
What is the potential violation and regulatory requirement?_
When did the potential violation occur?
(Assign action to determine date, if unknown)
Once date of potential violation is established, SAC will assign AMS action to have another ARB at four (4) years from that date, to discuss enforcement statute of limitations issues.
NOTES:
(Include other pertinent comments.
Also include considerations related to licensee referral, if appropriate. Identify any potential generic issues)
Distribution: Panel Attendees, Regional Counsel, 01, Responsible Individuals (original to SAC)