ML12226A545

NRC Office of Investigations Case Nos. I-2011-055

ML12226A545
Person / Time
Site:	Peach Bottom
Issue date:	08/13/2012
From:	Darrell Roberts Division Reactor Projects I
To:	Pacilio M Exelon Nuclear Generation Corp
KROHN, PG
References
RI-2011-A-0073, OI 1-2011-055
Download: ML12226A545 (2)

Text

UNITED STATES Mr. NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BOULEVARD, SUITE 100 KING OF PRUSSIA, PENNSYLVANIA 19406-2713 August 13, 2012 Mr. Michael J. Pacilio RI-2011-A-0073 Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

Subject:

NRC Office of Investigations Case Nos. 1-2011-055

Dear Mr. Pacilio:

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

1-2011-055) on August 26, 2011, to determine whether a contract employee, who previously raised safety concerns, was subject to employment discrimination after applying for a job at Peach Bottom. The contractor claimed that his/her protected activity consisted of previously raising safety concerns while working at another nuclear power plant in 2010. Based on testimonial and documentary evidence developed during the investigation, the NRC was unable to substantiate that the contractor was subject to employment discrimination. Rather, the evidence supported that the contractor was not offered a job because he was not considered to be one of the top candidates.

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.

Also, 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).

No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. Paul Krohn of my staff at (610) 337-5120.

Sincerely,

/RA/

Darrell J. Roberts, Director Division of Reactor Projects

Enclosure:

As Stated

Mr. Michael J. Pacilio 2 RI-2011-A-0073 Distribution:

R. Zimmerman, OE R1Allegation Resource J. Clifford, DRP P. Krohn, DRP S. McCarver, DRP S. Hansell, DRP D. Screnci, PAO SUNSI Review Complete: RJU (Reviewers Initials)

DOCUMENT NAME: G:\ORA\ALLEG\LICENSEE\20110073lic.docx ML12226A545 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:RPB4 RI:OI RI:RC ORA:SAC DRP:DD NAME P Krohn J Teator K Farrar R Urban D Roberts DATE 08/2/2012 08/2/2012 08/2/2012 08/6/2012 08/13/2012 OFFICIAL RECORD COPY