ML071080069
| ML071080069 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/16/2007 |
| From: | David Lew Division Reactor Projects I |
| To: | Neitmann K Nine Mile Point |
| References | |
| 1-2005-038, RI-2005-A-0114 | |
| Download: ML071080069 (3) | |
Text
April 16, 2007 Mr. Kevin Neitmann RI-2005-A-0114 Acting Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093
Subject:
NRC Office of Investigations Case 1-2005-038
Dear Mr. Neitmann:
The Region I Field Office, NRC Office of Investigations (OI), initiated an investigation (Case No.
1-2005-038) on September 2, 2005, to determine if a former fire protection supervisor was discriminated against (terminated from his/her job) for raising safety concerns. Specifically, the former fire protection supervisor claimed to have been terminated after he/she advised management of concerns regarding many fire protection issues via Deficiency Event Reports (DERs), which included equipment testing deficiencies, a large work backlog, inadequate training, lack of management support for fire protection, and inadequate control of combustible materials. Based on the evidence developed during the investigation, OI did not substantiate that the former fire protection supervisor was terminated for having raised safety concerns.
Testimonial and documentary evidence show that the former fire protection supervisor was terminated for cause based on a legitimate business reason. OI reviewed documents and received testimony indicating that licensee management followed proper procedures with respect to the termination. OI found that the totality of the evidence supported the licensee's decision to terminate the individual based on poor past performance and the inability to meet the goals or show improvement, not because of involvement in raising safety issues.
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.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter 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).
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Kevin Neitmann RI-2005-A-0114 2
No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. B. McDermott of my staff at (610) 337-5233.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects
Enclosure:
10 CFR 9.23, Request for Records
Mr. Kevin Neitmann RI-2005-A-0114 3
Distribution:
C. Carpenter, OE R. Urban, SAC ADAMS (Docket Nos. 50-220 and 50-410)
D. Screnci, PAO Region I Docket Room (w/concurrences)
SUNSI Review Complete: RJU (Reviewers Initials)
After declaring this document An Official Agency Record it WILL be released to the Public.
ML071080069 DOCUMENT NAME: C:\\FileNet\\ML071080069.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:RPB1 RI:OI ORA:RC ORA:SAC DRP:DD NAME BMcDermott EWilson/PRichart KFarrar RUrban/slj DLew DATE 4/3/07 4/4/07 4/5/07 4/9/07 4/13/07 OFFICIAL RECORD COPY