ML17191A631
| ML17191A631 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Byron, Braidwood, Quad Cities, Zion, LaSalle  |
| Issue date: | 04/29/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Kohn M NATIONAL WHISTLEBLOWER CENTER |
| Shared Package | |
| ML17191A633 | List: |
| References | |
| 2.206, NUDOCS 9805060055 | |
| Download: ML17191A631 (7) | |
Text
Michael D. Kohn National Whistleblower Legal Defense and.Edueation Fund.
P.O. Box 3768 Washington, D.C. 20007.,.
Dear Mr. K?hn:
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I have received your Petition dated Ma'rch 25, 1998, addres*s~d to the u. s. Nuclear Regulatory Commission (NRC), which you filed on~behalf of th~. Nationa1.*Whistleblower Legal Defense and Education Fund and *Ml.. Rati~y.. Robarg'e.. The.f?etition' requ~sts that the NRC take immediate corrective action and impose, civil.p~nalties ~gainst.Commonwealth Edison Company (ComEd).
As grounds for the request, the Petitio'n asseris that (1) ComEd's assertion in a pleading in a case before ttie U.S. Department of Labor, 98-ERA-2, that the filing of a "Problem Identification Form" (PIF)*does not constitute protected.activity fosters an atmosphere of intimidation and chills
- the reporting of safety concerns in violation of 10 CFR 50.7, and (2) ComEd intentionally imposed
- "restrictive confidentiality aimed arprohibiting employees from providing information to the NRC in violation of 10 CFR 50.7.
Your Petition has been referred to me pursuant-to 10 CFR. 2.206 of the Commission's regulations, The NRC staff has determined that the issues raised in the Petition do not constitute an immediate safety concern at ComEd's nuclear facilities, based on the information you have provided, and, therefore, your request for immediate action is denied. The NRC routinely assesses licensee actions to identify problems at facilities, including the processes used by employees to identify problems (e.g., PIFs). Based on these pe.riodic assessments and observations made during the conduct of normal inspecti()n activities, as well as investigations of particular allegations, the NRC has not found that the licensee discourages employees at ComEd sites from utilizing the process of filing PIFs to identity*safety concerns.
As provided by.10 CFR 2.206, the staff is reviewing your request and we will inform you, within a reasonable time, of the action we will take.
I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information a pamphlet on the public Petition process.
Sincerely, Orfg1nal ~"
Samuel J. Collln8 Samuel J. Collins, Director Office* of Nuclear Reactor Regulation
Enclosures:
Federal Register Notice Pamphlet re: Public Petition Process cc w/o encl 2: See next page DISTRIBUTION: See next page
- see previous page for concurrence DOCUMENT NAME: G:\\CMNTSP\\ASSA\\ACKNOW.LET TO RECEIVE A COPY OF THIS DOCUMENT, INDICATE IN THE BOX: "C" =COPY WITHOUT ENCLOSURES "E" =COPY WITH ENCLOSURES "N".
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Michael D. Kohn National Whistleblower Legal Defense and Educat und P.O. Box 3768
. Washington, D.C. 20007
Dear Mr. Kohn:
. I have received your Petition dated March 25, 1998, addressed to the U.S. Nuclear Regulatory Commission (NRC), which you filed on behalf of the National Whistleblower Legal Defense and Education Fund and Mr. Randy Robarge. The Petition requests that the NRC take immediate corrective action and impose civil penalties against Commonwealth Edison Company (ComEd).
As grounds for the request, the Petition asserts that (1) ComEd's assertion in a pleading in a case before the U.S. Department of Labor, 98-ERA-2, that the filing of a "Problem Identification Form* (PIF) does *not constitute protected activity fosters an atmosphere of intimidation and chills the reporting of safety concerns in violation of 1 O CFR 50. 7, and (2) Com Ed intentionally imposed "restrictive confidentiality-aimed at prohibiting employees from providing information to the NRC in violation of 10 CFR 50.7.
Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. The NRC staff has determined that the issues raised in the Petition do not constitute an immediate safety concern at ComEd's nuclear facilities, based on the information you have provided, and, therefore, your request for immediate action is denied. The NRC routinely assesses licensee actions to identify problems at facilities, including the processes used by employees to identify problems (e.g., PIFs). Based on these periodic assessments and observations made during the conduct of normal inspection activities, as well as investigations of particular allegations, the NRC has not found that the licensee discourages employees at ComEd sites from utilizing the process of filing PIFs to identify safety concerns. As provided by Section 2.206, the staff is reviewing your request and action will be taken within a reasonable time, I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information a pamphlet on the public Petition process.
Sincerely, Samuel J. Collins, Director Office of Nuclear Reactor Regulation _,..
Enclosures:
Federal Register Notice Pamphlet re: Public Petition Process cc w/o encl 2: See next page DISTRIBUTION: See next page
- see previous page for concurrence
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OFFICE NAME DATE OFFICE NAME DATE Michael D. Kohn National Whistleblower Legal Defense and Educat und P.O. Box 3768 Washington, D.C. 20007
Dear Mr. Kohn:
I have received your petition dated March 25, 1998, addressed to the l,J. S. Nuclear Regulatory Commission (NRC), which you filed on behalf of the National Whistleblower Legal Defense and Education Fund and Mr. Randy Robarge. The Petition requests that the NRC take immediate corrective action and impos~ civil penalties against Commonwealth Edison Company (ComEd).
As grounds for the request, the petition asserts that (1) ComEd's assertion in a pleading in a case before the U.S. Department of Labor, 98-ERA-2, that the filing of a "Problem Identification Form" (PIF) does not constitute protected activity fosters an atmosphere of intimidation and chills the reporting of safety concerns in violation of 10 CFR 50.7, and (2) ComEd intentionally imposed "restrictive confidentiality" aimed at prohibiting employees from providing information to the NRC iii violation of 10 CFR 50.7.
Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. The NRC staff has determined that the issues raised in the petition do not constitute an immediate safety concern at Com Ed's nuclear facilities, based on the information you have provided, and, tt)erefore, your request for immediate action is denied. The NRC routinely assesses licensee actions to identify problems at facilities, including the processes used by employees to identify problems (e.g., PIFs). Based on these periodic assessments and
- observations made during the conduct of normal inspection activities, the NRC has not found that the licensee discourages employees at ComEd sites from utilizing the process of filing PIFs to identify safety concerns. For instances where specific concerns have been brought to the NRC's attention, investigations have not uncovered evidence that would support the NRc*taking significant enforcement actions. As provided by Section 2.206, the staff is reviewing your request and action will be taken within a reasonable time.
I have enclosed for your information a copy of the notice that is being filed with the Office of the
_Federal Register for publication. I have also enclosed for your information a pamphlet on the public petition process.
/
Sincerely,
/
Samuel J. ~ollins, Director Office of Nuclear Reactor Regulation
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Enclosures:
Federal Register Notice
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Pamphlet re: Public Petitio,ri/ Process
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Michael D. Kohn National Whistleblower Legal Defense and Educa und P.O. Box 3768 Washington, D.C. 20007
Dear Mr. Kohn:
I have received your petition dated March 25, 1998, addressed to the U.S. Nuclear Regulatory Commission (NRC), which you filed on behalf of the National Whistleblower Legal Defense and Education Fund and Mr. Randy Robarge. The Petition requests that the NRC take immediate J
corrective action and impose civil penalties against Commonwealth Edison Company (ComEd).
As grounds for the request, the petition asserts that (1) Com Ed's assertion in a pleading in a case before the U.S. Department of Labor, 98-ERA-2, that the filing of a "Problem Identification Form" (PIF) does not constitute protected activity fosters an atmosphere of intimidation and chills the reporting of safety concerns in violation of 10 CFR 50.7, and (2) ComEd intentionally imposed "restrictive confidentiality" aimed at prohibiting employees from providing information to the NRC in violation of 10 CFR 50.7.
Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. The NRC staff has determined that the issues raised in the petition do not constitute an immediate safety concern at ComEd's nuclear facilities, based on the information you have provided, and, therefore, your request for immediate action is denied. The NRC routinely assesses licensee actions to identify problems at facilities, including the processes used by employees to identify problems (e.g., PIFs). At the ComEd sites, thousands of PIFs are written each year. At several sites the number of PIFs written in a given year has been higher than in the previous year. To the extent that concerns have been raised in the past regarding ComEd management pressure exerted to influence PIF writing by employees, investiga_tions have not uncovered evidence that would support the NRC taking significant enforcement action. As provided by Section 2.206; the staff is reviewing your request and action Vitilf be taken within a reasonable time.
,/
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I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information a pamphlet on the public petition process.
Sincerely, Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosures:
Federal Register Notice Pamphlet re: Petition Process
- cc w/o encl 2: See next page DISTRIBUTION: See next page DOCUMENT NAME: G:\\CMNTSP\\ASSA\\ACKNOW.LET TO RECEIVE A COPY OF THIS DOCUMENT, INDICATE IN THE BOX: "C" 11 COPY WITHOUT ENCLOSURES "E" 11 COPY WITH ENCLOSURES "N" OFFICE PM:PD32 E
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OFFICE NAME DATE OFFICE NAME DATE I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information a pamphlet on the public petition process.
Sincerely, Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosure:
Federal Register Notice Pamphlet re: Petition Process cc w/o encl 2: See next page DISTRIBUTION: See next page DOCUMENT NAME: G:\\CMNTSP\\ASSA\\ACKNOW.LET /
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9'CTION EDO Principal Correspondence Control FROM:
DUE: 04/27/98 Michael D. Kohn Stephen M. Kohn
- National Whistleblower Legal Defense and Education Fund
.TO:
NRC
.FOR SIGNATURE OF Collins, NRR DESC:
- .GRN EDO CONTROL: G980185 DOC DT: 03/25/98 FINAL REPLY:
CRC NO:
ROUTING:
2.206 PETITION TO CORRECT ILLEGAL RESTRAINT ON COMMUNICATION WITH NRC AND TO RECTIFY A CURRENT CHILLING EFFECT ON THE REPORTING OF SAFETY CONCERNS AT COMED PLANTS Callan Thadani Thompson Norry DATE: 03/27 /9 18 ASSIGNED TO:
NRR CONTACT:
Collins SPECIAL INSTRUCTIONS OR REMARKS:
NRR ACTION:
DRPW~Adensam NRR RECEIVED:
March 30, 1998 NRR ROUTING:
Collins/Miraglia Boger Sheron Travers Roe
- Zimmerman NRR* Mai 1 room Blaha Burns Beach, RIII Cyr, OGC JG6ldberg, OGC BGleaves, NRR AC_TIO_N I.,
DUE TO NRR DIRECTOR'S OFFICE