|
|---|
Category:Letter
MONTHYEARIR 05000346/20243012024-02-0202 February 2024
NRC Initial License Examination Report 05000346/2024301
IR 05000346/20230042024-01-31031 January 2024
Integrated Inspection Report 05000346/2023004
ML23313A1352024-01-17017 January 2024
Authorization and Safety Evaluation for Alternative Request RP 5 for the Fifth 10 Year Interval Inservice Testing Program
ML23353A1192023-12-19019 December 2023
Operator Licensing Examination Approval Davis Besse Nuclear Power Station, January 2024
L-23-260, Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station2023-12-0707 December 2023
Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station
L-23-243, Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0606 December 2023
Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation
ML23338A3172023-12-0606 December 2023
Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000346/2024001
IR 05000346/20234032023-11-0202 November 2023
Security Baseline Inspection Report 05000346/2023403
ML23293A0612023-11-0101 November 2023
Letter to the Honorable Marcy Kaptur, from Chair Hanson Responds to Letter Regarding Follow Up on Concerns Raised by Union Representatives During the June Visit to the Davis-Besse Nuclear Power Plant
L-23-215, Changes to Emergency Plan2023-10-19019 October 2023
Changes to Emergency Plan
ML23237B4222023-09-28028 September 2023
Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Letter Regarding Order Approving Transfer of Licenses and Draft Conforming License Amendments
ML23269A1242023-09-27027 September 2023
Request for Withholding Information from Public Disclosure
IR 05000346/20234012023-09-13013 September 2023
Security Baseline Inspection Report 05000346/2023401 (Public)
L-23-205, Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-09-12012 September 2023
Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
L-23-172, Quality Assurance Program Manual2023-08-31031 August 2023
Quality Assurance Program Manual
IR 05000346/20230112023-08-30030 August 2023
Biennial Problem Identification and Resolution Inspection Report 05000346/2023011
ML23129A1722023-08-25025 August 2023
Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Units 1 and 2; Davis Besse Nuclear Power Station, Unit 1; and Perry Nuclear Power Plant, Unit 1
IR 05000346/20230052023-08-24024 August 2023
Updated Inspection Plan for Davis-Besse Nuclear Power Station (Report 05000346/2023005)
L-23-188, Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-08-0707 August 2023
Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
IR 05000346/20230502023-08-0303 August 2023
Special Inspection Report 05000346/2023050
IR 05000346/20230902023-08-0101 August 2023
EA-23-002 Davis-Besse Nuclear Power Station - NRC Inspection Report No. 05000346/2023090 (Public)
ML23178A2742023-08-0101 August 2023
Letter to the Honorable Marcy Kaptur from Chair Hanson Responds to Letter Regarding the License Transfer Application for the Davis-Besse Nuclear Power Station
L-23-175, Submittal of Fifth Ten Year Inservice Testing Program2023-08-0101 August 2023
Submittal of Fifth Ten Year Inservice Testing Program
IR 05000346/20230022023-07-27027 July 2023
Integrated Inspection Report 05000346/2023002
ML23193A7842023-07-13013 July 2023
Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection 05000346/2023402
ML23178A2422023-06-28028 June 2023
Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III
ML23160A2342023-06-13013 June 2023
Confirmation of Initial License Examination
L-23-034, 2022 Annual 10 CFR 50.46 Report of Changes to or Errors in Emergency Core Cooling System Evaluation Models2023-06-13013 June 2023
2022 Annual 10 CFR 50.46 Report of Changes to or Errors in Emergency Core Cooling System Evaluation Models
IR 05000346/20235012023-06-13013 June 2023
Emergency Preparedness Biennial Exercise Inspection Report 05000346/2023501
L-23-135, Response to Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-05-31031 May 2023
Response to Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations
L-23-065, Annual Financial Report2023-05-22022 May 2023
Annual Financial Report
ML23124A1742023-05-17017 May 2023
Energy Harbor Fleet Vistra License Transfer - Request for Withholding Information from Public Disclosure for Commance Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1
ML23129A0112023-05-16016 May 2023
Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (Letter)
ML23131A2732023-05-15015 May 2023
Notification of NRC Supplemental Inspection 95001 and Request for Information
L-23-101, Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station - 20222023-05-12012 May 2023
Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station - 2022
L-23-131, Readiness for Resumption of NRC Supplemental Inspection2023-05-12012 May 2023
Readiness for Resumption of NRC Supplemental Inspection
IR 05000346/20230102023-05-0909 May 2023
Commercial Grade Dedication Inspection Report 05000346/2023010
ML23123A1272023-05-0303 May 2023
Information Request to Support Upcoming Problem Identification and Resolution Inspection at Davis-Besse Nuclear Power Station
IR 05000346/20230012023-05-0101 May 2023
Integrated Inspection Report 05000346/2023001 and 07200014/2022001
L-23-092, Occupational Radiation Exposure Report for Year 20222023-04-27027 April 2023
Occupational Radiation Exposure Report for Year 2022
ML23111A1972023-04-26026 April 2023
Information Meeting with Question and Answer Session to Discuss NRC 2022 End-of-Cycle Plant Performance Assessment of Davis-Besse Nuclear Power Plant Station
ML23114A1062023-04-25025 April 2023
Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection
CP-202300181, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-20020 April 2023
ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
CP-202300157, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-14014 April 2023
ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
ML23096A1382023-04-11011 April 2023
Review of the Spring 2022 Steam Generator Tube Inspection Report
L-23-061, Submittal of the Decommissioning Funding Status Reports2023-03-31031 March 2023
Submittal of the Decommissioning Funding Status Reports
L-23-037, and Perry Nuclear Power Plant - Independent Spent Fuel Storage Installation Changes, Tests, and Experiments2023-03-29029 March 2023
and Perry Nuclear Power Plant - Independent Spent Fuel Storage Installation Changes, Tests, and Experiments
L-23-066, Annual Notification of Property Insurance Coverage2023-03-21021 March 2023
Annual Notification of Property Insurance Coverage
ML23066A2892023-03-14014 March 2023
Request for Threshold Determination Under 10 CFR 50.80 and 10 CFR 72.50 for an Amendment to the Voting Agreement
ML23066A2592023-03-14014 March 2023
Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Units 1 and 2, Davis Besse Nuclear Power Station, Unit 1, and Perry Nuclear Power Plant, Unit 1
2024-02-02
[Table view]
Category:Enforcement Action
MONTHYEARIR 05000346/20230902023-08-0101 August 2023
EA-23-002 Davis-Besse Nuclear Power Station - NRC Inspection Report No. 05000346/2023090 (Public)
IR 05000346/20210922022-03-0101 March 2022
EA-21-155 Davis Besse - Final Significance Determination of White Finding, Notice of Violation and Assessment Follow Up Letter, NRC Inspection Report 50000346/2021092
ML22031A1712022-01-31031 January 2022
EA-21-105; Davis-Besse Final Determination for a Greater than Green Finding Letter and Enclosure 1 (Public)
IR 05000346/20210912021-12-17017 December 2021
NRC Inspection Report (05000346/2021091) Preliminary Greater than Green Finding
ML21340A2212021-12-0909 December 2021
NRC Inspection Report (05000346/2021090) Preliminary White Finding
ML20275A0482020-10-0101 October 2020
EA-20-068 Davis Besse Licensee Closure Letter
ML18099A0742018-04-10010 April 2018
EN-18-006, Issuance of Final Significance Determination and Notice of Violation (EA-18-008)
L-16-347, Action for Confirmatory Order EA-16-0222016-12-0101 December 2016
Action for Confirmatory Order EA-16-022
ML16077A3722016-03-17017 March 2016
EA-15-215; Results of Nuclear Regulatory Commission Investigation Report 3-2015-002
IR 05000346/20144072014-10-22022 October 2014
EA-14-129 Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation; NRC Inspection Report No. 05000346/2014407; Davis-Besse Nuclear Power Station (Cover Letter Only)
ML12314A2812012-11-0808 November 2012
EA-12-179, Davis-Besse, Final Significance Determination of a Security-Related Greater than Green Finding and Notice of Violation - Cover Letter Only
IR 05000346/20124052012-11-0808 November 2012
EA-12-179, Davis-Besse, Final Significance Determination of a Security-Related Greater than Green Finding and Notice of Violation - Cover Letter Only
IR 05000346/20100072010-04-30030 April 2010
EA-09-332, Davis-Besse Nuclear Power Station, Notice of Violation, NRC Inspection Report No. 05000346-10-007(DRS)
IR 05000346/20095032009-12-28028 December 2009
IR 05000346-09-503(DRS), on 08/04/2009 - 11/23/2009; Davis-Besse Nuclear Power Station; Event Follow-up Inspection
ML0936208142009-12-28028 December 2009
IR 05000346-09-503(DRS), on 08/04/2009 - 11/23/2009; Davis-Besse Nuclear Power Station; Event Follow-up Inspection
IR 05000346/20060052007-01-30030 January 2007
IR 05000346-06-005; 10/1/2006 - 12/31/2006; Davis-Besse Nuclear Power Station; Maintenance Risk Assessments and Emergent Work Control, As-Low-As-Reasonably-Achievable (ALARA) Planning and Controls
ML1026701392005-02-25025 February 2005
Choice Letter - Apparent Violation of Employee Protection Requirements (Office of Investigations Report Nos. 3-2004-006 and 3-2004-018), Davis Besse
ML0406411712004-03-0808 March 2004
EA-03-214, CAL No. 3-02-001, Approval to Restart the Davis-Besse Nuclear Power Station Closure of Confirmatory Action Letter, and Issuance of Confirmatory Order
ML0328017062003-10-0707 October 2003
EA-03-131, Davis-Besse, Notice of Violation
IR 05000346/20020162003-01-0707 January 2003
IR 05000346-02-016, IR 05000346-02-006, on 09/30-12/13/2002, Davis-Besse, Special Inspection - Substantial Potential for an Overexposure of Occupational Workers and Uncontrolled Release of Radioactive Material to the Environment
2023-08-01
[Table view] |
Text
M. Bezilla February 25, 2005 EA-04-224 Mr. Mark B. Bezilla Vice President-Nuclear, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760
SUBJECT:
APPARENT VIOLATION OF EMPLOYEE PROTECTION REQUIREMENTS (OFFICE OF INVESTIGATIONS REPORT NOS. 3-2004-006 AND 3-2004-018)
Dear Mr. Bezilla:
This letter refers to two investigations conducted at the FirstEntergy Nuclear Operating Company (FENOC) Davis-Besse Nuclear Power Station (Davis-Besse) by the U.S. Nuclear Regulatory Commission=s (NRC) Office of Investigations (OI). The purpose of the investigations was to determine if former AVI Food Systems, Inc. (AVI) employees at Davis-Besse were the subject of employment discrimination in violation of 10 CFR 50.7. The OI investigations substantiated that three AVI employees were threatened with termination for attempting to raise a potential fitness-for-duty (FFD) concern to the AVI/Davis-Besse Facilities Coordinator. This issue was discussed with you during a February 25, 2005, telephone conversation. The enclosed Reports of Investigation (ROI) Nos. 3-2004-006 and 3-2004-018 provide an overview of the evidence gathered during these investigations. The ROIs are only being provided to predecisional enforcement conference (PEC) participants. Further release of this information is not permitted.
Based on the staff=s review of the OI investigations, an apparent violation of 10 CFR 50.7, AEmployee protection,@ was identified and is being considered for escalated enforcement action in accordance with the AGeneral Statement of Policy and Procedure for NRC Enforcement Actions@
(Enforcement Policy), NUREG-1600. The current Enforcement Policy can be found on the NRC=s Web site at www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy.
The apparent violation(s) involve a former AVI Assistant Manager, a Catering Supervisor, and a Catering/delivery employee who were threatened by an AVI Manager with termination of employment for attempting to raise an FFD concern about an AVI Cashier at Davis-Besse. In addition, a second AVI Manager threatened the former Catering/delivery employee with termination and caused her constructive discharge (forced termination) because of her attempt to raise the FFD concern. Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued at this time. In addition, please be advised that the number and characterization of the apparent violation(s) may change as a result of further NRC review.
M. Bezilla In order for the NRC to resolve this apparent violation, we are offering FENOC the opportunity either request alternative dispute resolution (ADR) or attend a closed PEC. During our discussion on February 25, 2005, we requested that certain representatives from AVI and FENOC participate in the ADR session and/or the PEC. Both options are discussed in the paragraphs that follow.
The purpose of the PEC would be to obtain information to assist the NRC in making an enforcement decision. This may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned. The conference would provide an opportunity for you to give your perspective on these matters and any other information that you believe the NRC should take into consideration in making an enforcement decision. A PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken.
The NRC=s Enforcement Policy permits the individuals who were the subject of the alleged employment discrimination to participate in the conference. Accordingly, the former AVI Assistant Manager, Catering Supervisor, and Catering/delivery employee would be invited to attend the PEC. The former AVI employees may participate by observing the conference and, following the presentation by FENOC, may, if desired, present their views on why they believe discrimination occurred and comment on the FENOC presentation. FENOC would then be afforded an opportunity to respond and the NRC may ask some clarifying questions. Under no circumstances would the NRC staff permit FENOC or the former AVI employees to cross-examine or question each other.
Instead of a PEC, you may request ADR with the NRC. ADR is a general term encompassing various techniques for resolving conflict outside of court using a neutral third party. The technique that the NRC has decided to employ during a pilot program which is now in effect is mediation. Additional information concerning the NRC's pilot program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.gov/what-we-do/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC=s program as an intake neutral. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursing resolution of this issue through ADR.
Enclosed is a redacted copy of OI Report Numbers 3-2004-006 and 3-2004-018. The OI reports provide an overview of the evidence gathered during these investigations. Portions of the OI reports have been redacted, but the substantive issues related to this case remain. The OI reports are only being provided to FENOC at this time. After a full review of the circumstances, the NRC may conclude that no enforcement action is warranted. Therefore, we request that you not make the OI reports available to the general public. If a PEC is held, the other PEC participants will be sent a copy of the redacted OI reports.
No response regarding the apparent violation is required at this time. However, please contact Mr. Russell Arrighi, Senior Enforcement Specialist, Office of Enforcement, at (301) 415-3936 or via e-mail at rja1@nrc.gov, within 15 days of the date of this letter to notify the NRC if you choose to have a PEC.
M. Bezilla 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 NRC=s document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
Frank J. Congel, Director Office of Enforcement Docket No. 50-346 License No. NPF-3
Enclosures:
- 1. Redacted Copy of the Office of Investigations Report of Investigation No. 3-2004-006 (EXEMPT FROM PUBLIC DISCLOSURE)
- 2. Redacted Copy of the Office of Investigations Report of Investigation No. 3-2004-018 (EXEMPT FROM PUBLIC DISCLOSURE)
- 3. NUREG/BR-0317 Post-Investigation ADR Program cc w/out encl: The Honorable Dennis Kucinich G. Leidich, President - FENOC J. Hagan, Senior Vice President Engineering and Services, FENOC L. Myers, Chief Operating Officer, FENOC Plant Manager Manager - Regulatory Compliance M. O=Reilly, Attorney, FirstEnergy Ohio State Liaison Officer R. Owen, Administrator, Ohio Department of Health Public Utilities Commission of Ohio President, Board of County Commissioners of Lucas County C. Koebel, President, Ottawa County Board of Commissioners D. Lochbaum, Union Of Concerned Scientists J. Riccio, Greenpeace P. Gunter, N.I.R.S.
DISTRIBUTION: WITHOUT ENCLOSURE ADAMS (PARS)
E. Merschoff, DEDR F. Congel, OE J. Luehman, OE N. Hilton, OE R. Arrighi, OE L. Chandler, OGC J. Moore, OGC J. Longo, OGC J. Dyer, NRR J. Craig, NRR R. Franovich, NRR G. Suh, NRR, DLPM D. Thatcher, NRR, DLPM S. Sands. NRR, DLPM Davis-Besse Senior Resident Inspector G. Caputo, OI R. Paul, RIII:OI J. Caldwell, RIII:RA J. Strasma, RIII:PA K. O=Brien, RIII G. Grant, RIII C. Thomas, RIII C. Ariano, RIII R. Lickus, RIII P. Buckley, RIII DRPIII DRSIII J. Kwaiser, RIII C. Pederson, RIII,DRS DB0350 RidsNrrDipmIipb EA File OE Day File ADAMS ACCESSION NO.: ML102670139 OFFICE OE:ES OGC OE:DD OE:D NAME RArrighi GLongo JLuehman FCongel DATE 12/29/04 1/16/05 1/13/05 2/25/05 C = COVER E = COVER & ENCLOSURE N = NO COPY
Enclosure 1 Redacted Copy of the Office of Investigations Report No. 3-2004-006
Enclosure 2 Redacted Copy of the Office of Investigations Report No. 3-2004-018
