ML062680185

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Concerns/Closures RIII-2002-A-0114
ML062680185
Person / Time
Site: Kewaunee Dominion icon.png
Issue date: 09/20/2006
From:
NRC/RGN-III
To:
References
FOIA/PA-2006-0113, RIII-2002-A-0114
Download: ML062680185 (3)


Text

NRRRIII-2002-A-O1 14 Wo Co ..

jConcerns/Closure Information For Kewaunee - Iir; JCLS DatUeW 101 NUMBER fiV_" M Substaniate -sso~

You are concerned that several other craft employees were being unjustly accused that they failed to report the smell of alcohol on an Individual while being employed as craft employees during the steam generator.

project. You stated that this was reported to the supervisor, who took no action.

Basisfor Closure NRC

Conclusion:

The Nuclear Management Company (NMC) and the NRC Rill Office of Investigations (01) Initiated Investigations into whether the supervisor you referenced took no action In response to reports of the smell of alcohol on an Individual. The Investigations Included Interviews with pertinent Individuals and a review of documentation associated with this Issue.

Much conflicting Information was obtained. However, based upon the Information obtained during the Investigation, the NRC staff concluded that the supervisor you referenced took no action after receiving or becoming aware of Information sufficient to warrant further action under the licensee's fitness-for-duty (FFD) program. Based upon the NRCs anfnrm*mrant r-finn In mennnan tn tha@finrlinna wo nlan nn f irthor a*rtinn annel innnalecr We, mattiar nInelr k4 W JCLSD~ateJ - NU BRI-2Oj~Substaniate-d M ý You are concerned that a supervisor lied to a licensee investigator about being told by you and several other employees about the smell of alcohol on an Individual.

I 3 e PageI of3 Informatlon in this 0e66; as Iei in accordance with the Freedom of 1t1or11tio' ActU, --

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NRC

Conclusion:

The NRC Rill 01 Investigated this Issue. In addition, the licensee's staff Interviewed several witnesses In the referenced Investigation following our Investigation and provided the results of the Interviews to the NRC staff. Based upon our review of the Information gathered, the NRC staff could not sufficiently determine whether the supervisor provided Inaccurate information to the licensee Investigator about being told by you and several other employees about the smell of alcohol on an individual. Due to conflicting evidence obtained, we were not able to substantiate that the supervisor lied to a licensee Investigator about being told about the smell of alcohol on an Individual. We plan no further action and consider this matter closed.

FCLS Date j 10 Susaitd65 You are concerned that you were the subject of discrimination by not being rehired after providing Information to the licensee's Investigator about the smell of alcohol on an individual.

Basisfor Closure NRC

Conclusion:

The NRC Rill 01 Investigated thisIssue. The results of the Investigation Indicated that, after NMC conducted an irwesigation Into the potential FFD Issue, the licensee put a hold on your access since it appeared from the Information obtained during the NMC investigation that you admitted having observations regarding a co-worker's FFD that you did not report. The NRC staff concluded that it was reasonable and prudent for the licensee to place a hold on your site access based upon the information In Its report. In addition, the individual who made the decision to place a hold on your site access had no knowledge that you reported an FFD concern while employed at the Kewaunee Nuclear Power Plant.

Finally, during the licensee's Interviews with you subsequent to Its Initial Investigation, you provided a number of contradictory statements. Therefore, the licensee's staff determined that you were not eligible for reinstatement of your site access at the licensee's facilities.

Based upon the evidence developed during the NRC Investigation, it could not be substantiated that you were discriminated against for raising a FFD concern. Rather, we determined that your site access was placed on hold due to preliminary Information gathered during an NMC investigation Into a FFD Issue which Indicated that you may have not reported observations which Indicated that an individual was not FFD. In addition, your site access was placed on hold due to contradictory statements that you made during subsequent Interviews with the licensee's staff. Therefore, we plan no further action and consider this matter closed.

We have enclosed a copy of the 01 report synopsis which provides our conclusions on this matter. Also, we placed a copy of the synopsis in the NRC Public Document Room. This means that the letter will be available from the NRC's document system (ADAMS). ADAMS Is accessible from the NRC Web site at http.//www.nrc.gov/reading-rm/adams.html

  • Final NRC documents, including the final 01 report, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information pursuant to the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, 'Request for Records.* The instructions to file a FOIA are accessible at http'//www.nrc.gov/reading-rm/folatfoia-request.html.

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-e Rill I I 1 [eiFF iSubsta 660 You are concerned that the action taken against the employees who raised the FFD concerns has created a chilled environment for raising a safety concern.

Your concern pertained to craft employees who were accused that they failed to report the smell of alcohol on an individual during the steam generator project. Several employees believed that a supervisor took no action after being told about the FFD problem, that a supervisor lied about whether the employees actually reported the FFD concern during a follow-up Investigation, and that the craft employees who reported the FFD concern and participated in the licensees investigation were not rehired.

Basisfor Closure NRC

Conclusion:

The NRC Rill 01 explored the possibility that the actions taken against the employees who raised FFD concerns created a chilled environment for raising a safety concern. Based upon the Information obtained during the Investigation, the NRC staff concluded that none of the individuals Interviewed Indicated that they were discouraged from reporting FFD concerns by the contractor, the union, or the licensee while employed at the Kewuanee Nuclear Power Plant. The Individuals who were accused of not reporting the referenced FFD Issues generally indicated that, despite the results of the licensee's Page 2 of 3

investigation, they would still report a FF0 concern.

In addition, we referred this concern to the Nuclear Management Company, which Isthe licensee for the Kewaunee Nuclear Power Plant. In our referral letter, we specifically requested that the organization or Individual conducting the Investigation be Independent of the Issue. Several members of the Region Ill technical staff reviewed the licensee's Investigation report and concluded that the organization conducting the Investigation was Independent of the concern and the evaluation was adequate.

The licensee's Investigators Interviewed 12 craft employees (pipe fitters, carpenters, and laborers) employed by the contractor at the time of the Investigation who were Involved In the steam generator replacement project. The Interviews were conducted fully recognizing that some of the Individuals may not be the same that worked on the generator project.

The results of the licensee staff's Interviews Indicated the employees Interviewed would raise safety-related Issues with their supervisor, and that working and communication activities between workers and supervisors were good. In addition, none of those Interviewed, with the exception of one, were aware of anyone who had raised a safety Issue and then Incurred a negative consequence from doing so. The one exception was an Interviewee who recalled that approximately two years ago a worker raised a concern and a co-worker made a negative comment to the Individual for bringing up the Issue. The Interviewee could not recall any additional Information regarding the situation. However, the Investigators determined that this event had no Impact on the Interviewee's willingness to raise safety-related Issues.

Based upon the above Information, we did not substantiate that a chilled environment existed during the generator replacement project or that a chilling environment now exists within the contractor's organization due to the actions taken against Individuals who raised FF0 concerns and participated In the licensee's Investigation of the FF0 Issue described In Concern 1. Since we did not Identify violations of NRC requirements or safety Issues, we plan no further action and consider this concern closed.

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