ML082200175

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Letter to Mr. Keith J. Polson, Vice President, Nine Mile Point Nuclear Station from Mr. David C. Lew, Director, Division of Reactor Projects, Dated 08/07/08
ML082200175
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 08/07/2008
From: David Lew
Division Reactor Projects I
To: Polson K
Nine Mile Point
Dentel, G RGN-I/DRP/BR1/610-337-5233
References
RI-2004-A-0006, RI-2005-A-0019
Download: ML082200175 (1)


Text

CERTIFIED MAIL RETURN RECEIPT REQUESTED August 7, 2008 Mr. Keith J. Polson, Vice President RI-2004-A-0006 Nine Mile Point Nuclear Station, LLC RI-2005-A-0019 P.O. Box 63 Lycoming, NY 13093-0063

Dear Mr. Polson:

In a previous letter to Mr. Spina dated March 21, 2005, we informed him, that although the NRC had completed its actions regarding an Office of Investigations case (1-2004-006), the NRC would await a final determination by the Department of Labor (DOL) before rendering a final agency decision regarding a complaint of discrimination by a former employee at Nine Mile Point since the individual had appealed an unfavorable decision from the DOL. On June 30, 2008, the Administrative review Board issued a Final Decision and Order that granted Constellations motion for summary decision and denied the former employees complaints.

The NRC has reviewed this ruling and has determined that there was no information contained in the Final Decision and Order that suggested our previous conclusion (that the former employee was not subject to discriminatory actions for raising safety concerns) should be altered. Therefore, we plan no further action on this matter and all NRC actions are complete.

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).

Should you have any questions regarding this letter, please feel free to contact Mr. Glenn Dentel of my staff at (610) 337-5233.

Sincerely,

/RA/

David C. Lew, Director Division of Reactor Projects

Mr. Keith J. Polson 2

RI-2004-A-0006 RI-2005-A-0019 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: GTD (Reviewers Initials)

After declaring this document An Official Agency Record it WILL be released to the Public DOCUMENT NAME: G:\\ORA\\ALLEG\\LICENSEE\\20040006&20050019lic.doc Adams Accession No. ML082200175 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:FOD ORA:RC ORA:SAC DRP:DD NAME G Dentel E Wilson K Farrar R Urban D Lew DATE 08/6/2008 08/6/2008 08/6/2008 08/6/2008 08/6/2008

NOT FOR PUBLIC DISCLOSURE RI-2008-A-0061 ENCLOSURE 1 NOT FOR PUBLIC DISCLOSURE OFFICIAL RECORD COPY