ML13207A078
| ML13207A078 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 07/26/2013 |
| From: | Bill Dean Region 1 Administrator |
| To: | Joyce T Public Service Enterprise Group |
| Dentel G | |
| References | |
| 10-4633, EA-13-160 | |
| Download: ML13207A078 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BOULEVARD, SUITE 100 KING OF PRUSSIA, PENNSYLVANIA 19406-2713 July 26, 2013 EA-13-160 Mr. Thomas P. Joyce President and Chief Nuclear Officer PSEG Nuclear LLC - N09 P.O. Box 236 Hancocks Bridge, NJ 08038
SUBJECT:
POTENTIAL IMPACT OF A U.S. DISTRICT COURT JURY FINDING OF RETALIATION ON THE WORK ENVIRONMENT AT SALEM & HOPE CREEK
(
REFERENCE:
U.S. DISTRICT COURT RULING - DISTRICT OF NEW JERSEY - CAMDEN VICINAGE - CIVIL CASE NO. 10-4633)
Dear Mr. Joyce:
On June 25, 2013, the U.S. Nuclear Regulatory Commission (NRC) became aware, via a newspaper article, of a jury verdict returned on June 21, 2013, in the U.S. District Court in Camden, New Jersey, in favor of a former security supervisor of Wackenhut Corporation (now G4S Security Solutions), your security contractor at the Salem and Hope Creek Nuclear Generating Stations (Salem and Hope Creek). The jury found that the former security supervisor, who filed his complaint in June 2010, was terminated by Wackenhut in October 2009, in retaliation for engaging in a protected activity by raising concerns regarding an ATL
[Assistant Team Leader] staffing practice he reasonably believed violated a federal law [NRC regulation]. Court records also reflect that the terminated security supervisor had threatened to report his concerns to the NRC.
The security supervisors concerns/complaint were not filed with the U.S. Department of Labor (DOL) pursuant to Section 211 of the Energy Reorganization Act of 1974, nor with the NRC pursuant to 10 CFR 50.7. Nonetheless, such a finding of fact and verdict by a federal court jury is of concern to the NRC as Wackenhuts retaliatory action may have a chilling effect on the willingness of PSEG employees and its contractors working at Salem and Hope Creek to raise safety and regulatory concerns to PSEG, its contractors, or to the NRC. This concern exists regardless of whether or not a complaint was filed with DOL or the NRC.
Wackenhut, and not PSEG, was the only party named in this complaint. However, PSEG, as the NRC license holder for Salem and Hope Creek, is responsible and accountable for the actions of its contractors when engaged in NRC regulated activities. Therefore, on July 16, 2013, Darrell Roberts, Director, Division of Reactor Projects, NRC Region I, contacted Mr. Robert Braun, Senior Vice President and Chief Operating Officer, regarding this jury verdict.
Mr. Braun indicated that Wackenhut disputes the jurys verdict and has filed various motions with the District Court regarding that decision. Nonetheless, the finding that Wackenhut retaliated against the individual for engaging in a protected activity raises questions with the
T. Joyce 2
NRC as to whether the work environment at Salem and Hope Creek is such that employees are encouraged and willing to raise safety and regulatory concerns.
Therefore, as noted during the aforementioned July 16, 2013, telephone conversation, the NRC is requesting that PSEG inform the NRC of the actions it has taken, is taking, and plans to take, to ensure Wackenhuts actions, as found by the jury in its verdict, do not have a chilling effect on the willingness of PSEG employees, and its contractors, to raise safety and regulatory concerns either internally or to the NRC. Please provide your written response to the Regional Administrator at the U.S. Nuclear Regulatory Commission, Region I, 2100 Renaissance Boulevard, King of Prussia, PA 19406 within 30 days of the date of this letter.
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 Publicly Available Records (PARS) component of NRCs document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/NRC/ADAMS/index.html (the Public Electronic Reading Room).
Because your response will be placed and made available electronically for public inspection in the NRC Public Document Room or from the PARS component of ADAMS, to the extent possible it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your withholding claim (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
Please contact Glenn Dentel at (610) 337-5233 if you have any additional questions. We appreciate your cooperation in this matter.
Sincerely,
/RA/
William M. Dean Regional Administrator Docket Nos.: 50-272, 50-311 License Nos.: DPR-70, DPR-75 cc:
Distribution via ListServ G4S Security Solutions
13207A078 SUNSI Review Non-Sensitive Sensitive Publicly Available Non-Publicly Available OFFICE RI/DRP RI/DRP RI/DRP RI/OI RI/RC NAME RBarkley/
GDentel/via email DRoberts/
JTeator/
JFarrington/
DATE 07/23/13 07/23/13 07/25/13 07/23/13 07/ 25/13 OFFICE RI/ORA OE RI/ORA NAME DHolody/
DVito/via email WDean/
DATE 07/25 /13 07/24/13 07/ 26 /13
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Distribution w/encl:
W. Dean, RA D. Lew, DRA D. Roberts, DRP A. Burritt, DRP R. Lorson, DRS J. Rogge, DRS G. Dentel, DRP R. Barkley, DRP M. Draxton, DRP J. Hawkins, DRP, SRI, Actg P. McKenna, DRP RI D. Dodson, DRP, SRI Actg S. Ibarrola, DRP, RI V. Campbell, RI OEDO RidsNrrPMSalem Resource RidsNrrPMHopeCreek Resource RidsNrrDorlLpl1-2 Resource ROPreports Resource