ML062680207
| ML062680207 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 09/04/2002 |
| From: | James Heller NRC/RGN-III |
| To: | Creed J Office of Nuclear Security and Incident Response |
| References | |
| FOIA/PA-2006-0113, RIII-02-A-0114 | |
| Download: ML062680207 (5) | |
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SENSITIVE ALLEGATION MATERIAL FOLLOWUP ARB: RIII-02-A-0114 September 4, 2002 MEMORANDUM TO: James Creed, Chief, Security Branch, DRS FROM:
J Heller Rill - OAC
SUBJECT:
. FOLLOWUP ARB FOR: R1I-02-A-0114 (KEWANUEE)
On September 4, 2002, the security team has competed its review of Of's interview with the Cl. This review resulted in an additional concern pertaining to a chilled environment for raising an FFD issue to the licensee and participating in the licensee's investigation of the FFD issue. Your staff recommended that we create a new allegation file to address this concern. Normally we would create a new allegation file, however, while reviewing the file I noted that the referral of concern 2 was on hold pending security team's review of Or's interview. I elected to add this concern to this file and I will forward concern 2 and the new concern (listed as concern 5) at the same time.
I have scheduled an Allegation Review Board (ARB) for September 9, 2002 Please review the attached information to prepare for the ARB.
cc w/attachments:
ARB Copy 0i RC DRP Br Chief For Rx Cases-Lanksbury DRS Division Director For Rx Cases-Grobe Clayton for H&I or wrong doing Page I of 5 Information in this record was deleted in accordance with the Freedom of information Act, exemptions _*Lv-o' L e
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SENSITIVE ALLEGATION MATERIAL AMS NO. RIII-02-A-01 14 ALLEGATION ACTION PLAN Licensee:
Docket/License No:
Assigned Division/Branch:
Kewaunee 05000305 Security A legation Review Board Membership:
a Besonl Heller/
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Ctson Chairman-Grant/
Pederson/ Grobe
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Reynolds Creed, Madeda
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F-.H, r-c*,ttcu, GENERIC CONCERNS: If Yes Explain:
DISCUSSION OF SAFETY SIGNIFICANCE: No immediate threat to public health and safety.
01 ACCEPTANCE:
YES NO (Priority: HIGH NORMAL LOW )
Basis for 01 Priority: Note: concern 1. 3 and 4 are the subject of an 01 Investigation 01 has Accepted Concem(s) No(s).
Signature ARB MINUTES PROVIDED TO: Dyerkaurreed Zqu?-
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STATUS LETTER:
PRINT IN FINAL X
REVISE N/A REFERRAL LETTER:
A. Licensee YES X
NO Concern 2 & 5 B. State of YES NO C. DOE YES NO date received July 3, 2002 due date of 1 1 ARB August 2, 2002 due date of ACK Ltr August 2, 2002 date -90 days old October 1, 2002 date -120 days old October 31,2002 date -150 day old November 30, 2002 date -180 days old December 30, 2002 date -365 days old July 3, 2003 projected date for the 5 yr statue of limitation July 2, 2007 COMMENTS:
Date Alega 6
w Broard Chairman Page 2 of 5
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SENSITIVE ALLEGATION MATERIAL AMS No. RIII-02-A-0114 Concern No. 5 An individual is concerned that the action taken against the employees who raised the fitness-for-duty concerns has created a environment for raising a safety concern.
Regulatory Basis:
Chilling effect I.
Action Evaluation: The following method of resolution is recommended (circle):
V/
A.
Send to Licensee Requesting Response In 30 - Days. (Describe the general areas we expect the licensee to address.)
B.
Priority Rill Follow up and Closure Memo to OAC C.
Follow up During Routine Inspection Within Days and Closure Memo to OAC D.
Refer to 01. Recommended Priority: HIGH NORMAL LOW Recommended Basis:
E.
Outside NRC's Jurisdiction.
Describe Basis Below.
F.
Too General for Follow-up. Describe Basis Below.
G.
Other (specify)
Responsible for Action -
EICS II.
Special ConsiderationsfInstructions:
Background
Concerns 1, 2, 3 and 4addressed that (1) cra pJes were e unj s telof alcohol on an individual; II
- 3) a supervisor lied to a iaout bin a out the sinelI of alcohol on an Individual; and (4) an Individual was not rehired after providing Information to the licensee's investigator about the smell of alcohol on'an Individual.
Concerns 1, 3, and 4 are the subject of the 01 Investigations. Concern 2 will be referred to the licensee after the ARB approves referral of concern 5 Page 3 of 5
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Sensitive allegation material From:
Sandra Dombroski To:
oac3 Date:
Wed, Sep 4, 2002 10:20 AM
Subject:
DRS Review of 01 Report of Interview Kewaunee AMS RIII-02-A-01 14 The hardcopy is in the mail.
September 3, 2002 MEMORANDUM TO:
H. Brent Clayton EnforcementlInvestigation Officer FROM:
Cynthia D. Pederson, Director /RAI Division of Reactor Safety
SUBJECT:
01 REPORT OF INTERVIEW KEWAUNEE NUCLEAR POWER PLANT:
(01 CASE NO. 3-2002-020) (AMS NO. RIII-02-A-01 14) AITS NO. S02 2309 This responds to J. Heller's memorandum dated August 20, 2002, which forwarded a copy of a "Report of Interview" and requested our review to determine if there were any new safety concerns and whether 01's investigation priority should be changed or Is no longer warranted.
We understand that Or's priority assigned to this case was high because it involved potential wrongdoing by a contractor foreman regarding an allegation that he lied to a licensee investigator during an FFD investigation, and that the licensee had allegedly discriminated against the Cl because he/she was not rehired after providing information to the licensee that a contractor foreman had smelled of alcohol while at the Kewaunee site.
Our review of the ROI identified that the CI stated that a contract foreman admitted to a named individual (pages 25 and 57) that he had lied to a licensee investigator about being told that a contract foreman smelled of alcohol while at the Kewaunee site. The Cl also stated that the licensee engaged in a discriminatory practice by denying the Cl site access after he/she had provide information to the licensee that a contract foreman smelled of alcohol while working at the Kewaunee site.
The regulatory basis and potential violation for the alleged concerns were provided to EICS by our memorandum dated July 29, 2002, titled "REVIEW OF CONVERSATION WITH A Cl; R-Ill 2002-A 0114 (KEWAUNEE) AITS NO. S02-2270".
Based on our review of the RIO, a discussion with Mr. Heller of EICS and the assigned 01 investigator, it appears that further 01 Investigation activity at the current level (high) is warranted to disposition the alleged wrongdoing and discrimination issues.
Our review of page 55. of the ROI also resulted in the identification of a new safety concern. The Cl alleged that "lot of people at the site would not get involved in raising a fitness-for-duty issue because they had seen what happened to us."
Sensitive allegation material Page 4 of 5
Sensitive Allegation Material We recommend that this concern (chilling effect) be opened as a new allegation, and forwarded to the licensee for their evaluation and response. In addition, a security inspection is planned at Kewaunee on September 16-20, 2002, that involves review of their behavior observation program and, in part, will focus on the licensee's process for reporting FFD concerns. We will provide our inspection results to EICS in support of the disposition of this concern.
cc:
R. Paul, Director, 01, RIII Field Office Sensitive Allegation Material Page 5 of 5