ML17083B871
| ML17083B871 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/27/1987 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Shiffer J PACIFIC GAS & ELECTRIC CO. |
| References | |
| NUDOCS 8706030248 | |
| Download: ML17083B871 (18) | |
Text
%y**4 lNma ataxia liVCLIASREGULATORY COMM)SSlON 1ESlON V
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License Nos.. SPRM.ind.SPRY Pac5fic Ses end Klectr5c Ceapatly 77: Scale'Street
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San t:ranciaco;:,.Cil~for 5a-Sees httention:
Xr. J. P. Shiffer, Vfce President Nuclear Peer Generation Qeotlmen:
On April 4, 1987, the V. S. Separtient of'Labar'sage-and Hour Division in 8lendale. California, received a complaint fraa a fonaer eeployee of Bachtel Corporation a PNE contractor at the Mablo Canyon site.
The foreer employee alleged thit reeaplogaent with Sechte1 at Diablo Canyon was denied because he had'raised'afety concerns wh])e perforating his duties when previously eaployed by Bechte); '?n response to that coeplaint, the Maae and Hour Division conducted an 5nvest5gation,
'and in a letter dated Hay 6, 1987, the Area b)rector at the itage and'Hour Divis5on inforied you that the evidence obtained during the D(v)-
sfon's"5nvest5oation
)ndicated that the eeployee was engaged 5n a protected acti-vity%thin the ambit of the Knergy hm<anization Act and that discriafnat5on
<<s defined and prohibited by the statute was a factor fn the actions which caaprised his coapla5nt.
The NC fs concertted. that a violation of the eiployee protection provisions set forth 'fn $0 CFR 5 50.7 Nay have occurred and requires your assessment of this matter to deterafna what regulatory actions are appropriate.
The IRC also needs assurance that the actions taken against the forwer eap1ovoe, if in violatiori of 10 CFR $ 50 7I have not had any chilling effect on 0&er l5censee or contractor personnel.
Tterafere, you are requested to provide this office, within 30 days of the d'ate of this letter, a response wh5ch:
Prov5des the basis for denying ceployaent to the foreer aeployee and 5ncludes a copy of any invesN9atfon report you have regarding the c5rcuwstances of the denial; <<nd Oescr thea the actions.
$f any. taken or planned to assure that this denial of euployeent does not have a "chilling'ffect $ n discouraging other licensee or contractor employees free raising perceived safety coflcerns ~
After reviewino your response.
the NC All deteritina whether anforcnt action 5s necessary to ensure caagiance with regulatory requireiints.
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pac)f)c Gas and Electric Company Page 2
In accordance with Sec+on 2.790 of the NRC's "RuIes of Pract)ce." Part Tftle 10> Code of Federal Regulat)ons, a copy of this letter All be placed
$n the NRC Pub))c Pocueent see.
The response requested by th)s letter is not subject to the clearance rocedures of the Off]co of Nanagesent and Budget as required by the apener'k Reduction Act of 1980, Pub. L. No.95-612.
S)ncerely, cc w/enclosure+
S. H. Skfdmore, RSE R. C. Thornberry, Plant Nenager R. F. Locke. PKE 0, Taygart. PNE R. Mefnberg, PRE State of CA
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Enclosure 2
NUCLEAR REGULATORY COMMISSION DEPARTMENT OF LABOR Wage and How Division Memorandum of Understanding 8ctwecn NRC and Department of Labor, Employee ProtccUon LPuqese
'Jhc US. Nuclear Regulatory Commission fNRC) and the Department ofLabor OIL)enter into this agreement to facQitatc coordlnaUon and cooperation conccndng the employee protection provisions of SecUoa 210 of the Energy Reorganhation hct of 19'rganhatioa hct). as amended, 42 S.C. 5851.
R. Background Section 210 ofthc Reorganhatioa hct ytohtbt ts any employer, Including a uciear Regulatory Commission Bccnsec, applicant or a contractor or subcontractor of a Comndssion licensee or applicant, from dlscrhnhaUag against any employee with respect to his or her cempensaUoa.
terms, condiUons or privileges ofemployment because the employee assisted or participated, or is
~bout to assist or parUCIpatl4 Dl any manner h any acUon to carry out the purposes ofeither the Reorganhation hct or thc htomic Energy Act of 1QSl (Atomic Energy hct), as amended, P U.S.C. 2011 cf seq.
The NRC and DOLhave complementary responsibiBUcs in the area of employee protecUon. DOL has the responsibiBty under section 210 of the ReorganhaUon Act to investigate employee complaints of discrimiaa tioa and may, after an invesUgation and hearing, order a violator to take affirmative acUon to abate the violaUon, reinstate the complainant to lds or her former posiUon with backpay, and award compensatory damages.
hcludlng attorney fees. NRC, though without direct authority to provide a remedy to an employee. has independent authority under the htondc Energy hct to take appropriate enforcement action against Commission licensees that violate the htomic Energy Act. the ReorgardzaUon hct, or Commission requirements. Enforcement action may Include Bcense deniaL suspension or revocaUon or the haposition ofdvQ penaIUes.
Although each agency wQJ cany out its statutory responsibilities hdependently, the agencies agree that admtnistraUve effictency and sound enforcement policies willbe maximhed by cooperation and the timely exchange ofinformaUon in areas ofmutual interest
- g. Areas ofCooperaUon
- a. DOL agrees to promptly notify NRC ofany complaint filed with DOL clleghtg discrimination within the meaning of Section 210 of the Energy Reorganization hct. DOLwillpromptly provide NRC ~ copy of the complaint, decisions and orders associated with the invesUgetion and any hearing on the complaint DOLwillalso keep NRC cunenQy informed on the status ofany judicial proceedings scrag review ot aa order of the Secretary ofLabor hsued ursuant to Section 210 of the eorganha tion hct
- b. NRC and DOL agree to cooperate with each other to the fullest extent possible in every case of all discrtmhtaUon involvtag employees of Commhsion Bcensees, appBcants. m contractors or subcontractors of Commission Bcensees or appBcaats.
NRC wQJ take all reasonable steps to assht DOLin obtahing access to Bcensed facQIUes and any accessary security clearaaccs. Each agency agrees to share and promote access to a3 hformation it obtains concernhg a particular allege tioa and. to the extant permitted by law, wQl protect thc confidentiaBty of informaUon idenUfied as sensitive that has been suppBed to it by the other agency.
L haplementa5oa Thc NRC officlalresponsible for hnplementation of this agreement h the Executive Director for OperaUons; the DOLoffictalresponsible for hnplementation of Ods agreement ls the hdndnistrator, Wage and Hour Division.
Workhg level point ofcontacts sha0 be established and identified within 10 days after the effective date of this agreement for both headquarters and field operaUons.
LAmendment and Termlna Uoa This Agreement may bc amended or modified upon written agreement by both parUes to the Agreement. The Agreement may be terminated upon ninety (90) days written notice by either g EifccUvc Data This agreement is effective when
~igned by both parUes.
Dated: July 29, 1982.
WQHam J. Dtrcks, Erecutive DirectorforOperations, ¹dear iteguJarary Commiuian.
Dated: October 2$, 1NI2.
Stttiam M. Otter, Administrator. eloge and HourDineioa, Deiparrrnenl ojLabor.
DISTRIBUTION
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M. Holahan OGC-Bethesda GPA/CA ()
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V. Stello D. Mossburg, PMAS (EDO 8002839) w/cy of incoming P.
Shea C. Trammell J.
Lee AThomas JGoldberg JLieberman
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Honorable Leon E. Panetta Under the Commission's regulations, an employee who believes that he or she has been discriminated against should seek a remedy for such discrimination through filing a complaint with the Department of Labor, as Mr. Cowan has done (10 CFR 50.7(b)).
If the NRC believes that a licensee or its contractor or subcontractor has discriminated against an employee for engaging in protected activities, then the NRC would consider taking appropriate enforcement action against the licensee.
Such enforcement action may include denial, revocation or+suspension of a license, imposition of a civil penalty, or other appropriate a tion
( 10 CFR 50.7(c)).
In carrying out our respec ve responsibilities in the area of alleged licensee discrimination agai t employees for raising safety concerns, the NRC and DOL entered into a Memoran m of Understanding (MOU) effective October 25, 1982 (Enclosure 2).
The MOU pro ides that the NRC and OL have complementary responsibilities in the area of e ployee protection.
OL has the responsibility to investigate complaints of discriihjnation and, afte an investigation and
- hearing, may (1) order a violator to >)ate the viol ion, and (2) order such remedies as reinstatement of the complainant to hi or her former position with back pay and payment of compensatory damages.
Th NRC, although without direct authority to provide a remedy to an employby, ha independent authority to take appropriate action against a licensee that A s iscriminated against an employee.
Please contact me if I can be of further ass's nce to you.
Sincer y,
Victor Stello, Jr.
Executive Director for Operations
Enclosures:
1.
Letter dated flay 27, 1987; NRC to PGSE 2.
Memorandum of Understanding
- See previous concurrence
- DRSP/PDV
- DRSP/D'PDV 4'DRSP/AD A
CTrammell:cd GWKnighton GMHolahan DM u
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7 6/2/87 6/2/87 6/Y'87 6
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/87 6/1/87 6/2/87 6/2/87 RR zek
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/87 87
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Honorable Leo E. Panetta Under the Commissio 's regulations, an employee who believes that he or she has been discriminate against should seek a remedy for such discrimination through filing a compl int with the Department of Labor, as Mr. Cowan has done (10 CFR 50.7(b)).
f the NRC believes that a licensee or its contractor or subcontractor has disc iminated against an employee for engaging in protected activities, then he NRC would consider taking appropriate enforcement action against t q licensee.
Such enforcement action may include denial, revocation or suspensib of a license, imposition of a civil penalty, or other appropriate action (10 FR 50.7(c)).
In carrying out our respective resp nsibilities in the area of alleged licensee discrimination against empl yees for raising safety concerns, the NRC and DOL entered into a Memorandum of 0 derstanding (MOU) effective October 25, 1982 (a copy of which is attached)'.
Th MOU provides that the NRC and DOL have complementary responsibilities in the ar y of employee protection.
DOL has the responsibility to investigate complaints 6
discrimination and, after an investigation and hearing, may (1) order a
iolator to abate the violation, and (2) order such remedies as reinstatement of
)e complainant to his or her former position with back pay and payment of cbppensatory damages.
The
- NRC, although without direct authority to provide a fqmedy to an employee, has independent authority to take appropriate action 'a ainst a licensee that has discriminated against an employee.
Please contact me if I can be of further assistance to ou.
Sincerely, Victor Stello, Jr.
Executive Director for Operat ons
Enclosure:
Memorandum of Understanding
- See revi oncurrence 6/1/87 6/
/87 6/
/87 DV hton
/87 "ARM:PPMB AThomas 6/1/87 DDONRR DONRR JSniezek TMurley 6/
/87 6/
/87 8E GPA/CA JLieberman 6/2/87 6/
/87
/
D ADP GMHol han DMCrutchfield 6/ 9 /87 6/
/87
- OGC J Gol dberg 6/2/87
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Honorable eon E. Panetta Under the Commis ion's regulations, an employee who believes that he or she has been discrimi yted against should seek a remedy for such discrimination through filing a cd laint with the Department of Labor, as Mr. Cowan has done (10 CFR 50.7(b)
. If the NRC believes that a licensee or its contractor or subcontractor has iscriminated against an employee for engaging in protected activities, k en the NRC would consider taking appropriate enforcement action again t a licensee.
Such enforcement action may include denial, revocation or sus ension of'
- license, imposition of a civil penalty, or other appropriate actiorl (10 CFR 50.7(c)).
In carrying out our respectiv 'esponsibilities in the area of alleged licensee discrimination agains employees for raising safety concerns, the NRC and DOL entered into a Memorandu of Understanding (MOU) effective October 25, 1982 (a copy of which is attached h,
The MOU provides that the NRC and DOL have complementary responsibilities in tge area of employee protection.
DOL has the responsibility to investigate complasgts of discrimination and, after an investigation and hearing, may
( 1) ord r a violator to abate the violation, and (2) order such remedies as reinstatemen of the complainant to his or her
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f rmer position with back pay and paymen of compensatory damages.
M4hesyh he NRC he direct authority to provide a remedy to an employee, independent authority to take ap qopriate action against a licensee that has y discriminated against an e% loyee.
Please co tact me if I can be of further assista ce to you.
Sincerely, i I,IGRQ~
Victor Stello, Jr.
Executive Director for Operations
Enclosure:
Memorandum of Understanding PDV C
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/i /87 EDO VStello 6/
/87 DRSP/D:PDV GWKnighton 6/
/87 i':PPMB
<ATfi mas 6/ j /87
. F. 01lru i'7 DRSP/AD ADP DDONRR DONRR GMHolahan DMCrutchfield JSniezek TMurley 6/
/87 6/
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++*++
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
'(h EDO PRINCIPAL CORRESPONDENCE CONTROL FRON:
~
LEON E.
PANETTA EDO CONTROL: 002839 DOC DT: C4/24/87 FINAL RFPLY:
TO JOHN BRADBURNE FOR SIGNATURE OF:
GRFEN SECY NO: 87-527 EXECUTIVE DIRECTOR DESC:
ENCLOSES INFO RE RONALD COMM'S SITUATION 8 MOULD LIKE TO KNOM IF NRC HAS ANY JURISDICTION OVER REHIRING POLICES AT DIABLO NUCLEAR POMER PLANT DATE: 05/12/87 ASSIGNED TO:
NRR CONTACT:
NURLEY RCiUTING:
JNART IN NIJRRAY SPECIAL INSTRUCTIONS OR REMARKS:
REPLY TO NONTEREY, CA OFFICE.
NRR RECEIVED:
05/12/87
~DRSP:CRUTCHFIELD~~
NRR ROUTING:
NURLEY/SNIEZEK NIRAGLIA STAROSTECKI BLAHA FUNCHES MOSSBURG ACTlON DUE TO RRR DlRECTOR'3-OFFICE BY
i
~av
"~CA'3~A
.';<cv3BIU, ~<hW
/
PAPER kUMBER:
ACTION OFFICE:
AUTHOR:
AFFILIATION'ETTER DATE:
SUBJECT:
ACTION:
DISTRIBUTION:
0 OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET CRC-87-0527 EDO L.E. Panetta--Const Ref U.S.
HOUSE OF REPRESENTATIVES LOGGING DATE: May 7 87 Apr 24 87 FILE CODE:
CGR-2 BP Questions NRC's policy on rehiring Direct Reply OCA to Ack SPECIAL HANDLING: None NOTES'ATE DUE:
SIGNATURE:
AFFILIATION:
Ronald Cowan May 21 87 DATE SIGNED:
Rec'd Off. Epp Oate
~
I < 7 3 FIAl8
'ZDO --- 002839
5