ML072920030
| ML072920030 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/18/2007 |
| From: | Carpenter C NRC/OE |
| To: | Christian D Dominion Resources |
| Arrighi R, OE | |
| References | |
| 1-2007-012, EA-07-236, FOIA/PA-2008-0031 | |
| Download: ML072920030 (2) | |
Text
October 18, 2007 EA 07-236 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Dominion Resources 5000 Dominion Boulevard Glen Allen, VA 23060-6711
SUBJECT:
EXERCISE OF DISCRETION, DOMINION NUCLEAR CONNECTICUT, WATERFORD, CONNECTICUT SITE (OFFICE OF INVESTIGATIONS REPORT 1-2007-012)
Dear Mr. Christian:
This letter refers to an investigation conducted by the Nuclear Regulatory Commissions (NRC)
Office of Investigations (OI) at the Dominion Nuclear Connecticut, Inc. (DNCT) Millstone Power Station. The purpose of the investigation was to determine, in part, if a maintenance mechanic was the subject of employment discrimination in violation of 10 CFR 50.7, Employee protection. Based on its investigation, OI substantiated that the mechanic was discriminated against by a DNCT first line supervisor, although not deliberately, for raising a concern about the Millstone Unit 3 emergency diesel generators. The investigation did not substantiate that the mechanic was discriminated against for raising concerns about non-qualified personnel performing work at Millstone Unit 3. The discriminatory act was issuing a verbal warning to the mechanic, with a written copy placed in his file, on October 2, 2006.
Based on the staffs review of the OI investigation, the NRC concluded that a violation of 10 CFR 50.7 was identified and was considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy can be found on the NRCs Web site at www.nrc.gov; select About NRC, Organization and Functions, Office of Enforcement, About Enforcement, then Enforcement Policy and select (Enforcement Policy). The staff did not find that the actions of the supervisor were a deliberate effort to violate NRC regulations. Rather, the supervisor failed to realize that the question raised by the mechanic was a protected activity.
Although violations of 10 CFR 50.7 are of concern to the NRC because they create the potential for deterring other employees from raising safety concerns, the NRC recognizes that DNCT identified this matter and subsequently took significant action to reverse the discrimination so as to maintain a climate where employees feel free to raise safety concerns. These actions included: (1) removing the documentation concerning the verbal warning from the mechanics personnel file; (2) counseling the supervisor about not engaging the mechanic regarding his concern (protective activity); (3) providing a briefing to the management team and supervisors on actions to detect and prevent retaliation; and (4) emphasizing the need to refer to the safety conscious work environment section of the DNCT disciplinary policy.
The NRC considered whether enforcement action was warranted for this violation. After careful consideration of all the factors in this case, the NRC decided to refrain from issuing a Notice of Violation or a proposed civil penalty after considering the guidance in Section VII.B.5 of the NRC Enforcement Policy. Exercising discretion and not taking enforcement in this case is appropriate because: (1) the discrimination was not the result of the acts of any individual above a first line supervisor; (2) you identified the discriminatory actions without any NRC or Department of Labor intervention, and (3) you took prompt, comprehensive and effective corrective action to address both the particular situation and the overall work environment for raising concerns.
Although the NRC has determined that enforcement action is not warranted in this case, any similar violations in the future may result in significant action.
You are not required to respond to this letter; however, if you choose to provide one your response should not, to the extent possible, include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter 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.
Sincerely, Stewart Magruder, for /RA/
Cynthia A. Carpenter, Director Office of Enforcement Docket Nos. 50-336, 50-423 License Nos. DPR-65, NPF-49 cc: (See attached List)
cc:
J. A. Price, Site Vice President, Millstone Station C. L. Funderburk, Director, Nuclear Licensing and Operations Support D. W. Dodson, Supervisor, Station Licensing L. M. Cuoco, Senior Counsel C. Brinkman, Manager, Washington Nuclear Operations J. Roy, Director of Operations, Massachusetts Municipal Wholesale Electric Company First Selectmen, Town of Waterford B. Sheehan, Co-Chair, NEAC E. Woollacott, Co-Chair, NEAC E. Wilds, Director, State of Connecticut SLO Designee J. Buckingham, Department of Public Utility Control G. Proios, Suffolk County Planning Dept.
R. Shadis, New England Coalition Staff G. Winslow, Citizens Regulatory Commission (CRC)
S. Comley, We The People D. Katz, Citizens Awareness Network (CAN)
R. Bassilakis, CAN J. M. Block, Attorney, CAN P. Eddy, Electric Division, Department of Public Service, State of New York P. Tonko, President and CEO, New York State Energy Research and Development Authority J. Spath, SLO Designee, New York State Energy Research and Development Authority
The NRC considered whether enforcement action was warranted for this violation. After careful consideration of all the factors in this case, the NRC decided to refrain from issuing a Notice of Violation or a proposed civil penalty after considering the guidance in Section VII.B.5 of the NRC Enforcement Policy. Exercising discretion and not taking enforcement in this case is appropriate because: (1) the discrimination was not the result of the acts of any individual above a first line supervisor; (2) you identified the discriminatory actions without any NRC or Department of Labor intervention, and (3) you took prompt, comprehensive and effective corrective action to address both the particular situation and the overall work environment for raising concerns.
Although the NRC has determined that enforcement action is not warranted in this case, any similar violations in the future may result in significant action.
You are not required to respond to this letter; however, if you choose to provide one your response should not, to the extent possible, include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter 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.
Sincerely, Stewart Magruder, for /RA/
Cynthia A. Carpenter, Director Office of Enforcement Docket Nos. 50-336, 50-423 License Nos. DPR-65, NPF-49 cc: (See attached List)
DISTRIBUTION:
OEMAIL L. Reyes, EDO M. Virgilio, DEDMRT R. Laufer, OEDO C. Carpenter, OE S. Magruder, OE J. Moore, OGC B. Jones, OGC M. Clark, OGC M. Ashley, NRR J. Hughey, NRR PM E. Brenner, OPA G. Caputo, OI S. Collins, RA M. Dapas, DRA D. Screnci, PAO-RI N. Sheehan, PAO-RI R. Powell, RI C. Farrar, RI D. Holody, RI R. Urban, RI OEWEB S. Shaffer, SRI Enforcement Coordinators RII, RIII, RIV ML072920030 OFFICE OE OGC OE:DD OE:D NAME R. Arrighi B. Jones(NLO)
S. Magruder C. Carpenter DATE 10/01/07 10/01/07 10/12/07 10/18/07 OFFICIAL RECORD COPY