ML060240464
| ML060240464 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, Seabrook |
| Issue date: | 01/19/2006 |
| From: | Collins S Region 1 Administrator |
| To: | Grinnell D C-10 Research & Education Foundation |
| References | |
| 1-2004-030, EA-05-219, EA-05-220, EA-05-221 | |
| Download: ML060240464 (3) | |
Text
January 19, 2006 Debbie Grinnell Research Advocate C-10 Research and Education Foundation, Inc.
44 Merrimac Street Newburyport, MA 01950
Dear Ms. Grinnell:
This letter is a followup to my letter to you dated December 23, 2004, and to several telephone conversations between you and my staff in 2005. In that letter, I responded to your concern regarding a Department of Labor (DOL) Occupational Safety & Health Administration (OSHA) finding of discrimination of a contract worker by Williams Power Corporation (Williams). DOL OSHA concluded that the individual was not selected for work at Seabrook in the fall of 2003 due to his involvement in an NRC protected activity at Pilgrim in April 2003. I indicated in my letter that when our review, as well as the actions taken by the Department of Labor, were completed in this matter, the NRC would inform you of the results.
The Department of Labors finding of discrimination in this matter was appealed to a DOL Administrative Law Judge (ALJ). Prior to an ALJ decision on its merits, the DOL case was dismissed after a confidential settlement was agreed to between Williams and the affected individual. The NRC Office of Investigation (OI) also conducted an investigation to determine whether discrimination occurred in this matter.
On January 18, 2006, the NRC issued its final decisions in this matter; copies of the correspondence issued to Seabrook, Pilgrim and Williams are attached. Specifically, the NRC OI concluded that the individual in question was discriminated against by Williams at Seabrook in the fall of 2003 for raising concerns at Pilgrim regarding the quality of a work package. The NRC considered taking enforcement action against Williams for this finding of discrimination. However, the NRC recently issued an enforcement action to Williams in November 2005 in the form of a Confirmatory Order regarding a discrimination case involving two reactors in Ohio that predated this case. That Order required the company to take a wide range of corrective actions company-wide, including: 1) comparing Williams Safety Conscious Work Environment (SCWE) program with industry SCWE best practices to ensure its program incorporates industry trends and developments, 2) conducting periodic audits of Williams SCWE program to ensure its effectiveness, and 3) continuing its existing SCWE training program for all Williams supervisory and management level employees involved in nuclear work. Considering the actions taken by Williams under the terms of this Order, as well as the corrective actions taken in this matter that were documented in a letter to the NRC in November 2004, the NRC decided not to pursue further enforcement action against Williams regarding this matter.
In accordance with the Confirmatory Order, Williams is required to provide the NRC with a letter summarizing its actions within eight months from the date of the Order. The NRC will evaluate
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the implementation of Williams company-wide corrective actions related to employee protection and its SCWE program, in accordance with the Order, during a future audit.
Regarding Florida Power and Light (FP&L), the licensee for Seabrook, even though the alleged discrimination occurred by Williams management, Seabrook took a considerable number of corrective actions in response to the chilling effect letter we issued to FP&L in October 2004, as described in its November 2004 reply and as described in Enclosure 1. Thus, in accordance with options available under our enforcement guidance, the NRC did not pursue enforcement action against FP&L regarding this matter.
In addition, the OI investigation did not substantiate that the individual was subject to discrimination at Pilgrim Station in April 2003, as the individual voluntarily left his position in that instance. As such, no enforcement action was taken against Entergy, the licensee for Pilgrim.
If you have any further questions in this matter, please contact Paul Krohn of my staff at (610) 337-5120. Thank you for your continued interest in public health and safety.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator
Enclosures:
- 3. Letter to Luther Daniels, President - Williams, dated January 19, 2006 (EA 05-221)
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the implementation of Williams company-wide corrective actions related to employee protection and its SCWE program, in accordance with the Order, during a future audit.
Regarding Florida Power and Light (FP&L), the licensee for Seabrook, even though the alleged discrimination occurred by Williams management, Seabrook took a considerable number of corrective actions in response to the chilling effect letter we issued to FP&L in October 2004, as described in its November 2004 reply and as described in Enclosure 1. Thus, in accordance with options available under our enforcement guidance, the NRC did not pursue enforcement action against FP&L regarding this matter.
In addition, the OI investigation did not substantiate that the individual was subject to discrimination at Pilgrim Station in April 2003, as the individual voluntarily left his position in that instance. As such, no enforcement action was taken against Entergy, the licensee for Pilgrim.
If you have any further questions in this matter, please contact Paul Krohn of my staff at (610) 337-5120.
Thank you for your continued interest in public health and safety.
Sincerely, Samuel J. Collins Regional Administrator
Enclosures:
4.
Letter to Gene St. Pierre, VP - FP&L, dated January 19, 2006 (EA 05-219) 5.
Letter to Michael Balduzzi, VP - Pilgrim, dated January 19, 2006 (EA 05-220) 6.
Letter to Luther Daniels, President - Williams, dated January 19, 2006 (EA 05-221)
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