ML17158B104
| ML17158B104 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 02/09/1996 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Zdanavage D AFFILIATION NOT ASSIGNED |
| References | |
| IA-96-03, IA-96-3, NUDOCS 9602150371 | |
| Download: ML17158B104 (3) | |
Text
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~o IA 96-03 Darryl R.
Zdanavage HONE ADDRESS DELETED UNDER 2.790 UNITED STATES NUCLEAR REGULATORY COMMISSlON REGION I 425 ALLENDALFROAD KING OF PRUSSIA, PENNSYLVANIA19406-1415 February 9, l996 tlartin Kane Cooper Pasciak Screnci (2)
Chawaga Joustra
SUBJECT:
U.S.
DEPARTMENT OF LABOR CASE NO. 94-ERA-032
DJH 2/9/96 On January 4,
1996, the NRC conducted separate transcribed predecisional enforcement conferences with you and the Pennsylvania Power 5 Light Company (PP8L) in the Region I office in King of Prussia, Pennsylvania, to discuss the circumstances associated with your involvement in the actions taken against a
Senior Security Officer (SSO) at the PP&L Susquehanna facility in Berwick, Pennsylvania.
The conference was based on the findings of the Secretary of Labor (SOI ) Decision and Order of Remand, dated October 20, 1995, in which the SOL found that the SSO was discriminated against because he engaged in protected activities.
According to the SOL findings, the employee had raised concerns to the NRC regarding your pr oviding assistance to security personnel taking a security requalification examination in 1992.
Subsequent to this protected activity, the individual received lower fractional ratings on performance appraisals written by you and the day-to-day contact with the SSO changed.
Based on the SOL findings and after considering information provided by you and PPSL during the conferences, the NRC has issued a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) (copy enclosed) to PPLL.
At your predecisional enforcement conference, you contended that you did not discriminate against the individual and that you exercised care in writing the individual's appraisals by requesting that two levels of supervision review the appraisals prior to issuance to ensure that they could not be construed as retaliatory acts.
You also contended that the change in your day-to-day contact with the SSO was the result of a change in the SSO's behavior rather your behavior toward him.
Notwithstanding your contention, it appears that your actions contributed to the violation of 10 CFR 50.7 for which PP8L has been cited and which could have a chilling effect on safety issues to be raised by other employees.
You indicated that significant disciplinary action has been taken against you by PP8L, including being removed from supervisory duties and being transferred from Susquehanna to a position in Allentown.
However, you should also be aware that enforcement actions may be taken directly against unlicensed individuals whose acts cause the licensee to be in violation, in accordance with NRC regulations in 10 CFR 50.5, "Deliberate Hisconduct."
Such 960215037i 960209 PDR ADQCK 05000387 PDR
Hr. Darryl R. Zdanavage enforcement actions can include an order to prohibit the individual from engaging in licensed activities at any NRC-licensed facility.
A violation of 10 CFR 50.5 also may lead to criminal prosecution.
While, under the circumstances of this case, the NRC has decided not to issue an enforcement action against you in this matter, we are issuing this lette} to emphasize to you the NRC's expectation that you will comply with all NRC regulations, including 10 CFR 50.5.
Should you be found to have comnitted a deliberate violation in the future, significant enforcement action may be taken against you.
You are not required to respond to this letter.
However, if you choose to provide a response, please provide it to me within 30 days at the U.S. Nuclear Regulatory Commission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania, 19406.
In accordance with Section 2.790 of the NRC's "Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR).
A copy of this letter with your address
- removed, and your response, if you choose to submit one, will be placed in the PDR.
A copy of this letter also is being provided to the Senior Vice President - Nuclear, PPKL.
If you have any questions on this matter, please contact Hr. Walter J.
- Pasciak, Chief, Project Branch 4, Division of Reactor Projects, (610) 337-5258.
.Sincerely, Thomas T. Hartin Regional Administrator
Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty Issued to PP5L cc w/encls:
Mr. Robert G. Byram, Senior Vice President Nuclear, PP8L Cotmonwealth of Pennsylvania
Hr. Oarryl danavage SECY CA PUBLIC
- SLewis, OGC CPaperfello, QSS DCool, NSS Enforcement Coordfnators RI, RII RIII RIY Fgenslasskf, NCFO JGilliland, GPA/PA
- GCaputo, OI
- EJordan, AEOD
- DScrencf, PAO-RI (Pl