ML061580013
| ML061580013 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 06/01/2006 |
| From: | Brian Holian Division of Nuclear Materials Safety I |
| To: | Lash J FirstEnergy Nuclear Operating Co |
| References | |
| 1-2004-A-0129, 1-2005-004 | |
| Download: ML061580013 (3) | |
Text
June 1, 2006 Mr. James H. Lash RI-2004-A-0129 Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077
Subject:
NRC Office of Investigations Case 1-2005-004
Dear Mr. Lash:
On February 15, 2005, the Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation to determine if a former senior nuclear technologist at Beaver Valley was discriminated against for raising safety concerns. Specifically, the former technologist purported that he/she was demoted and eventually terminated in August 2004 because of raising concerns related to the chemistry data management system.
FENOC provided extensive documentary and testimonial evidence to support that the former technologists employment was terminated based on performance issues. These issues were documented in his/her performance appraisals and in a formal Performance Improvement Plan.
As part of the reorganization process, FENOCs Safety Conscious Work Environment (SCWE)
Review Team conducted an independent review of the former technologists situation. This review concluded that his/her non-selection for a position at Beaver Valley was appropriate and there was no connection between the non-selection and having raised safety concerns. In addition, there were other positions eliminated or left unfilled in the reorganization.
Based on the evidence developed during the investigation, OI did not substantiate that the former technologist was demoted and eventually terminated in August 2004 because of raising concerns related to the chemistry data management system. OI conducted numerous personnel interviews, and reviewed available documentation. OI concluded that he/she was terminated as a result of poor performance.
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 RI-2004-A-0129 2
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 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, Request for Records
Mr. James H. Lash RI-2004-A-0129 3
Distribution:
M. Johnson, OE R. Urban, SAC ADAMS (Docket Nos. 50-334 and 50-412)
D. Screnci, PAO Region I Docket Room (w/concurrences)
DOCUMENT NAME: E:\\Filenet\\ML061580013.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 RI:FOD ORA:RC ORA:SAC DRP:DD NAME RBellamy EWilson KFarrar RUrban BHolian DATE 05/25/06 05/26/06 05/31/06 05/31/06 06/01/06 OFFICIAL RECORD COPY