ML061460297

NRC Office of Investigations (OI) Case 1-2004-042

ML061460297
Person / Time
Site:	Davis Besse
Issue date:	05/25/2006
From:	Brian Holian Division Reactor Projects I
To:	Lash J FirstEnergy Nuclear Operating Co
References
1-2004-042, RI-2004-A-0125
Download: ML061460297 (3)

Text

May 25, 2006 Mr. James H. Lash RI-2004-A-0125 Site Vice President First Energy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, Pennsylvania 15077

Subject:

NRC Office of Investigations (OI) Case 1-2004-042

Dear Mr. Lash:

On September 3, 2004, the Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation (Case No. 1-2004-042) to determine if a former advanced nuclear technologist was discriminated against for raising safety concerns to First Energy Nuclear Operating Company (FENOC) management. Specifically, the former technologist believed that he/she was terminated in March 2004 because of raising a concern about data fudging, and for writing condition reports.

Based on the evidence developed during the investigation, OI did not substantiate that the technician was terminated for raising safety concerns. Documentary and testimonial evidence developed by OI indicated that the technologist was terminated as a result of his/her overall job performance and attitude. Performance deficiencies were found to have been documented in some performance appraisals issued in advance of the protected activity of raising safety concerns.

The NRC also reviewed the results of the U. S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) review of the same matter. In a finding dated February 4, 2005, the Regional Administrator of the DOL/OSHA Region 3 Office in Philadelphia, PA, concluded that the former technologist failed to demonstrate that his/her protected activity was a contributing factor in his/her employment termination and issued an Order dismissing the technologists discrimination claim. The technologist did not appeal the DOL/OSHA finding. Accordingly, the NRC found no reason to alter the conclusions of the OI investigation with regard to this matter.

Please note that final NRC investigation 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.

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. James H. Lash 2 RI-2004-A-0125 In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure 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 Dr. R. Bellamy of my staff at (610) 337-5200.

Sincerely,

/RA/

Brian E. Holian, Director Division of Reactor Projects

Enclosure:

10 CFR 9.23, Requests for Records

Mr. James H. Lash 3 RI-2004-A-0125 Disttribution:

M. Johnson, OE R. Urban, SAC ADAMS (50-334 and 50-412)

D. Screnci, PAO Region I Docket Room (w/concurrences)

DOCUMENT NAME: E:\Filenet\ML061460297.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 DRP/RPB7 OI/RI/FOD ORA/RC ORA/SAC DRP/DD NAME R Bellamy E Wilson/K Monroe K Farrar R Urban B Holian DATE 5/19/2006 5/19/2006 5/23/2006 5/24/2006 5/25/2006 OFFICIAL RECORD COPY