ML17164A939
| ML17164A939 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 12/22/1998 |
| From: | Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Byram R PENNSYLVANIA POWER & LIGHT CO. |
| References | |
| EA-98-569, NUDOCS 9901070368 | |
| Download: ML17164A939 (8) | |
Text
CATEGORY REGULA ORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:9901070368 DOC.DATE: 98/12/22 NOTARIZED: NO FACIL:50-387 Susquehanna Steam Electric-Station, Unit 1, Pennsylva 50-388 Susquehanna Steam Electric Station, Unit 2, Pennsylva AUTH.NAME AUTHOR AFFILIATION HEHL,CD W.
Region 1 (Post 820201)
RECIP.NAME RECIPIENT AFFILIATION BYRAM,R.G.
Pennsylvania Power 6 Light Co.
SUBJECT:
Requests util provide NRC,in writing & under oath or affirmation that describes actions taken or plan to take to assure that matter not having chilling effect on willingness of other employees to raise safety concerns.
DISTRIBUTION CODE:
IE01D COPIES RECEIVED:LTR.
ENCL SIZE:
TITLE: General (50 Dkt)-Insp Rept/Notice of Violation Response DOCKET 05000387 05000388 E
NOTES:
05000387 G
RECIPIENT ID CODE/NAME PD1-2 PD INTERNAL: ACRS AEOD TTC NRR/DRPM PECB NUDOCS-ABSTRACT OGC/HDS2 EXTERNAL: LITCO BRYCE,J H NRC PDR NOTES'.
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T NOTE TO ALL "RZDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD)
ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED:
LTTR '0 ENCL 20
December 22, 1998 EA 98-569 Mr. Robert G. Byram Senior Vice President - Nuclear Pennsylvania Power 5 Light Company 2 North Ninth Street Allentown, Pennsylvania 18101
SUBJECT:
POTENTIAL CHILLING EFFECT
Dear Mr. Byram:
On August 7, 1998, the U.S. Department of Labor's Occupational Safety 5 Health Administration (OSHA) in Philadelphia, Pennsylvania, received a complaint from a former employee of Pennsylvania Power 5. Light Company.
The former employee alleged that he was dismissed because he had raised safety concerns while performing his duties at the Susquehanna Steam Electric Station.
In respo'nse to that complaint, OSHA conducted an investigation, and in a letter dated November 18, 1998, the Regional Supervisor of OSHA found that the evidence obtained during its investigation indicated that the employee was engaged in a protected activity within the scope of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaint.
Although this matter is currently being reviewed by the NRC, we are concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred,and that the actions taken against the former employee may have had a chilling effect on other licensee or contractor personnel.
We recognize that you may not believe that unlawful discrimination has occurred.
Regardless of your belief, we request that you
'onsider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
Accordingly, pursuant to he Commission's regulations in 10 CFR 50. 54(f), you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization and, as discussed in NRC Form 3, to the NRC.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and your response will be placed in the NRC Public Document Room. Therefore, your response should not, to the extent possible,'nclude any personal privacy, proprietary, or safeguards information so that it can be released to the public and placed in the NRC Public Document Room. If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the personal privacy-related information and a redacted copy of your response that deletes the 990i070368 'P8i222 PDR ADOCK 05000387 6
PDR OFFICIAL RfCORD COPY If:01
Robert G. Byram personal privacy-related information. Identify the particular portions of the response in question which, if disclosed, would create an unwarranted invasion of personal privacy, identify the individual whose privacy would be invaded in each instance, describe the nature of the privacy invasion, and indicate why, considering the public interest in the matter, the invasion of privacy is unwarranted.
If you request withholding on any other grounds, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., provide the information required by 10 CFR 2.790(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.
The responses directed by this letter are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Action of 1980, Pub.L. No.96-511.
Should you have any questions regarding this letter, please feel free to contact Mr. Clifford Anderson, Branch Chief for the Susquehanna Steam Electric Station, at (610) 337-5227.
Sincerely, Original Signed by:
Charles W. Hehl, Director Division of Reactor Projects Docket Nos. 50-387 and 50-388 License Nos.
Robert G. Byram Distribution:
H. Miller, RA/W. Axelson, DRA (1)
B. Boger, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (OEMAIL)
C. Hehl, DRP R. Crlenjak, DRP D. Holody, Rl T. Walker, Rl D. Vito, Rl L. Manning, Rl B. Letts, Ol C. Anderson, DRP D. Florek, DRP S. Barr, DRP S. Hansell, Susquehanna D. Florek, DRP R. Junod, DRP Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
PUBLIC DOCUMENT NAME: G:iBRANCH4iALLEGtSUSttS8-064.CHL To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enctosure "E" = Copy with attachment/enctosure "N" = No copy OFFICE DATE DRP 1
ek 2
98 JR/ I RI/ORA RI/
RI/O RI/DRP BLe ts DVito I
DHolody BFew CAnderso 12/ /98 12/
98 12/
98 12 12/('7/98 OFFICIAL RECORD COPY N R/0 EBa er 12 98 RI/DRP 124 /98 HNi11 r 12 98
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EA 98-569 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALEROAD KING OF PRUSSIA, PENNSYLVANIA19406.1415 December 22, 1998 Mr. Robert G. Byram Senior Vice President - Nuclear Pennsylvania Power 5 Light Company 2 North Ninth Street Allentown, Pennsylvania 18101
SUBJECT:
POTENTIAL CHILLING EFFECT
Dear Mr. Byram:
On August 7, 1998, the U.S. Department of Labor's Occupational Safety 5 Health Administration (OSHA) in Philadelphia, Pennsylvania, received a complaint from a former employee of Pennsylvania Power 5 Light Company.
The former employee alleged that he was dismissed because he had raised safety concerns while performing his duties at the Susquehanna Steam Electric Station.
In response to that complaint, OSHA conducted an investigation, and in a letter dated November 18, 1998, the Regional Supervisor of OSHA found that the evidence obtained during its investigation indicated that the employee was engaged in a protected activity within the scope of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaint.
Although this matter is currently being reviewed by the NRC, we are concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have.
occurred and that the actions taken against the former employee may have had a chilling effect on other licensee or contractor personnel.
We recognize that you may not believe that unlawful discrimination has occurred.
Regardless of your belief, we request that you consider the need to address the possible chilling effect that an ongoing issue of. this type may have on other employees.
Accordingly, pursuant to he Commission's regulations in 10 CFR 50. 54(f), you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization and, as discussed in NRC Form 3, to the NRC.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and your response will be placed in the NRC Public Document Room. Therefore, your response should not, to the extent possible, include any personal privacy, proprietary, or safeguards information so that it can be released to the public and placed in the NRC Public Document Room. If personal privacy information is necessary to provide an acceptable
- response, then please provide a bracketed copy of,your response that identifies the personal privacy-related information and a redacted copy of your response that deletes the
Robert G. Byram Distribution:
H. Miller, RA/W. Axelson, DRA (1)
B. Boger, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (OEMAIL)
C. Hehl, DRP R. Crlenjak, DRP D. Holody, RI T. Walker, Rl D. Vito, Rl L. Manning, Rl B. Letts, Ol C. Anderson, DRP D. Florek, DRP S. Barr, DRP S. Hansell, Susquehanna D. Florek, DRP R. Junod, DRP Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
PUBLIC