ML070320204

EA-07-012, Letter to Ms. Kerry B. David, Exercise of Enforcement Discretion (Office of Investigations Report No. 2-2006-001)

ML070320204
Person / Time
Site:	Browns Ferry
Issue date:	01/31/2007
From:	Carpenter C NRC/OE
To:	David K Shaw Group
Arrighi R, OE
Shared Package
ML070320193	List: ML070320204
References
2-2006-001, EA-07-012
Download: ML070320204 (4)

Text

January 31, 2007 EA-07-012 Ms. Kerry B. David Director of Compliance The Shaw Group, Inc.

4171 Essen Lane Baton Rouge, LA 70809

SUBJECT:

EXERCISE OF ENFORCEMENT DISCRETION

[OFFICE OF INVESTIGATIONS REPORT NO. 2-2006-001]

Dear Ms. David:

This refers to information received by the U.S. Nuclear Regulatory Commission (NRC) on October 11, 2005, that an employee of Stone and Webster Construction Inc. (SWCI), at the Tennessee Valley Authority (TVA) Browns Ferry Nuclear Plant (BFNP), had been the subject of alleged employment discrimination in apparent violation of 10 CFR 50.7, Employee protection.

SWCI is a subsidiary of The Shaw Group, Inc. The NRC Office of Investigations (OI) conducted an investigation of this issue and concluded that employment discrimination occurred on August 3, 2005. The enclosed redacted Report of Investigation No. 2-2006-001 provides an overview of the evidence gathered during this investigation. Further release of this information is not permitted.

Based on the information developed by OI, the NRC has concluded that a violation of NRC requirements has occurred. In summary, on August 3, 2005, a mechanical field engineer employed by SWCI was removed from BFNP at the request of a TVA engineering manager due to his poor performance in supporting the craft. Upon being apprised of his dismissal by the SWCI field engineering manager, the exiting mechanical field engineer asserted that he informed the field engineering manager that he believed the reason he was being removed from the site was because he would not accept and sign-off documentation on sub par work.

The mechanical field engineers immediate supervisor, who was also in attendance at the exit meeting, was aware that the field engineer had rejected unsatisfactory work (raising a safety concern) days earlier. The removal of the field engineer from the site for raising a safety concern is a violation of 10 CFR 50.7. This violation is categorized in accordance with the NRC Enforcement Policy at Severity Level III.

In assessing the violation, the NRC considered that the violation was not deliberate, that the SWCI Employee Concerns Program conducted an investigation into the dismissal of the field engineer, and immediate corrective actions were taken by SWCI. Corrective actions included:

returning the mechanical field engineer to work at BFNP, counseling the field engineering manager, issuing a company policy memorandum to all SWCI managers regarding guidelines when removing someone from the site and the need to maintain a safety conscious work environment, and addressing any chilling effect with SWCI employees at a management staff meeting. The TVA engineering manager was also counseled for his part in this matter.

K. David The NRC acknowledges that SWCI identified the issue and took prompt corrective actions to address the specific issue and the safety conscious work environment within their organization with little government intervention. In view of the immediate investigation, prompt corrective action, and after consultation with the Deputy Executive Director for Materials, Research and State Programs, I have been authorized to exercise enforcement discretion in accordance with Section VII.B.5 of the Enforcement Policy and not issue a Notice of Violation in this matter. Any future violation of 10 CFR 50.7 will be considered for full application of the Enforcement Policy.

You are not required to respond to this letter.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, without the enclosure, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response (if you choose to provide one) should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Sincerely,

/RA/

Cynthia A. Carpenter, Director Office of Enforcement Docket No. 50-259 License No. DPR-33

Enclosure:

Redacted Copy of the Office of Investigations Report of Investigation No. 2-2006-001 (EXEMPT FROM PUBLIC DISCLOSURE) cc without encl: J. Carrigan, S&W Attorney Karl W. Singer, Chief Nuclear Officer and Executive Vice President, TVA Brian O'Grady, Site Vice President, Browns Ferry Nuclear Plant Edward J. Vigluicci, TVA Senior Nuclear Counsel

K. David DISTRIBUTION: WITHOUT ENCLOSURE ADAMS (PARS)

SECY CA L. Reyes, DO M. Virgilio, DEDMRS C. Carpenter, OE M. Fahey, OE R. Arrighi, OE B. Jones, OGC M. Clark, OGC B. Pascarelle, NRR E. Brenner, OPA H. Bell, OIG G. Caputo, OI Enforcement Coordinators RI, RII, RIV, and NRR W. Travers, RII C. Evans, RII S. Sparks, RII C. Montgomery, OI:RII RAO:RII SLO:RII PAO:RII OAC:RII DRS:RII DRP:RII SRI, Browns Ferry RidsNrrDipmIipb EA File OE r/f C:\FileNet\ML070320204.wpd ADAMS Package #ML070320193 X Publicly Available G Non-Publicly Available G Sensitive X Non-Sensitive OE:ES OGC OE:D RArrighi M. Clark CCarpenter 01/22/07 01/30/07 NLO 01/31/07 OFFICIAL RECORD COPY

Enclosure 1 Redacted Copy of the Office of Investigations Report No. 2-2006-001