ML092250604

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NRC Office of Investigations Case I-2008-045
ML092250604
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 08/12/2009
From: David Lew
Division Reactor Projects I
To: St.Pierre G
Florida Power & Light Energy Seabrook
BURRITT, AL
References
oi 1-2008-045, RI-2008-A-0046
Download: ML092250604 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PA 19406-1415 August 12, 2009 Mr. Gene St. Pierre RI-2008-A-0046 Vice President, North Region Seabrook Nuclear Power Plant FPL Energy Seabrook, LLC c/o Mr. Michael OKeefe P.O. Box 300 Seabrook, NH 03874

SUBJECT:

NRC OFFICE OF INVESTIGATIONS CASE NO. 1-2008-045

Dear Mr. St. Pierre:

The Region I Field Office, NRC Office of Investigations (OI), initiated an investigation (Case No.

1-2008-045) on May 15, 2008, to determine if an electrical maintenance instructor at Seabrook was discriminated against for having raised safety concerns. Specifically, the instructor believed that s/he received a January 2008 performance appraisal rating of "Fell Short of Expectations,"

for having raised a variety of nuclear and industrial safety issues. Based on documentary and testimonial evidence developed during the course of this investigation, the NRC did not substantiate that the instructor was subject to discrimination because of raising safety concerns.

Although OI determined that the instructor had raised nuclear safety concerns, OI was unable to obtain testimonial or documentary evidence to support the instructors claim that her/his performance evaluation was lowered for having raised nuclear safety concerns. The instructors performance evaluations from 2005 - 2007 clearly demonstrated that s/he had received "Fell Short" ratings for some time prior to the year in which the instructor alleged discrimination (2008). In addition, the instructor received bi-annual reviews at which time s/he was advised of areas where improvement was needed in job performance. Because of continued unsatisfactory performance, the instructor was ultimately placed on a performance improvement plan. The instructor subsequently resigned later in 2008.

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

G. St. Pierre 2

RI-2008-A-0046 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).

No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. A. Burritt of my staff at (610) 337-5069.

Sincerely,

/RA James W. Clifford Acting for/

David C. Lew, Director Division of Reactor Projects

Enclosure:

As Stated

G. St. Pierre 3

RI-2008-A-0046 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).

No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. A. Burritt of my staff at (610) 337-5069.

Sincerely,

/RA James W. Clifford Acting for/

David C. Lew, Director Division of Reactor Projects

Enclosure:

As Stated Distribution:

D. Lew, DRP J. Clifford, DRP A. Burritt, DRP C. Carpenter, OE R. Urban, SAC D. Screnci, PAO Region I Docket Room (w/concurrences)

ML092250604 SUNSI Review Complete: ALB (Branch Chief Initials)

DOCUMENT NAME G:\\DRP\\BRANCH3\\ALLEGATIONS\\2008\\RI 20080046LIC (2).DOC After declaring this document An Official Agency Record it will be released to the Public.

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:RPB3 RI:RC RI:FOD ORA:SAC DRP:DD NAME A Burritt K Farrar E Wilson R Urban D Lew DATE 07/29/2009 07/29/2009 07/30/2009 08/04/2009 08/12/2009 OFFICIAL RECORD COPY