ML052570781

Allegation Review Board Disposition Record, Allegation No. RI-2003-A-0023

ML052570781
Person / Time
Site:	Hope Creek
Issue date:	02/21/2003
From:	NRC/OI/RGN-I/FO
To:
References
FOIA/PA-2004-0314, RI-2003-A-0023
Download: ML052570781 (2)

Text

-v g A R g:Xalleg~panel\20030023arb.wpd ALLEGATION REVIEW BOARD DISPOSITION RECORD Allegation No.: RI-2003-A-0023 Branch Chief (AOC): Meyer Site/Facility: Hope Creek Acknowledged: No ARB Date: 2/21/03 Confidentiality Granted: No Issue discussed: Alleger believes that the PSEG FFD program is not properly implemented in that he believes that it is not random in selection of persons for testing. He has been selected 3 times in the last month and he believes that they are using it to single out people.

The alleger believes that he is being harassed and intimidated because of whistle blowing - he previously raised concerns to NRC (Allegation File RI-2002-A-0018) regarding an incident in which a reactor operator (RO) was suspended due to alleged insubordination.

Alleger contacted prior to referral to licensee (if applicable)? Yes ALLEGATION REVIEW BOARD DECISIONS Attendees: Chair - Roqgge Branch Chief (AOC) - Barber (actq) SAC - Vito 01 Rep. - Teator RI Counsel - Fewell Others - Crleniak, Smith DISPOSITION ACTIONS: (List actions for processing and closure. Note responsible person(s), form of action closure document(s), and estimated completion dates.)

1) Contact alleger to ascertain if they object to referral of issue to licensee. Provide documentation of alleger's response to SAC for file.

Responsible Person: SAC ECD: 03/03/03 Closure Documentation: Completed: 2/21/03 P. 4 C

2) Acknowledgment letter Responsible Person: SAC ECD: 03/07/03 Closure Documentation: Completed:_ _

3) Refer technical issue to PSEG. DRP to provide enclosure for referral letter.

Responsible Person: Mever/White ECD: 03/19/03 Closure Documentation: Completed:_

4) Review licensee response.

Responsible Person: Mever/White ECD: 04/30/03 Closure Documentation: Completed:..__

5) Perform prima facie review to assess whether 01 should investigate assertion of H&l.

Provide documentation of review to SAC and 01 for file. 01 will open investigation if Regional Counsel determines that a prima facie case exists. (5eo6 Axfu6S Responsible Person: Fewell ECD: 03/19/03 Closure Documentation:_ _ Completed: 2/21/03 ARB MINUTES ARE REVIEWED AND APPROVED AT THE ARB

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SAFETY SIGNIFICANCE ASSESSMENT: The risk significance of this concern appears low since the concern involves additional FFD testing.

PRIORITY OF 01 INVESTIGATION:

The alleger believes that he is being harassed and intimidated because of whistle blowing - he previously raised concerns to NRC (Allegation File RI-2002-A-0018) regarding an incident in which a reactor operator (RO) was suspended due to alleged insubordination.

If potential discrimination or wrongdoing and 0! 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)

Regional Counsel has determined that prima facie has not been articulated and hostile work environment does not exist.

Distribution: Panel Attendees, Regional Counsel, 01, Responsible Individuals (original to SAC)