ML17229A788

Discusses J Giles Complaint of Alleged Discrimination,Under Section 211 of Energy Reorganization Act of 1974,as Amended in That Employment Was Terminated on 971222,for Reporting Safety Concerns to NRC

ML17229A788
Person / Time
Site:	Saint Lucie
Issue date:	06/11/1998
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Plunkett T FLORIDA POWER & LIGHT CO.
References
EA-98-330, NUDOCS 9807070307
Download: ML17229A788 (4)

Text

ACCESSION NBR:

FACIE:50-335 50-389 AUTH.NAME REYES,L.A.

RECIP.NAME PLUNKETT,T.F.

REGULAT INFORMATION DISTRIBUTIO YSTEM (RIDS) 9807070307 DOC.DATE: 98/06/11 NOTARIZED: NO St. Lucie Plant, Unit 1, Florida Power 5 Light Co.

St. Lucie Plant, Unit 2, Florida Power

& Light Co.

AUTHOR AFFILIATION Region 2 (Post 820201)

RECIPIENT AFFILIATION Florida Power 8 Light Co.

DOCKET 05000335 05000389

SUBJECT:

Discusses J Giles complaint of alleged discrimination, under section 211 of Energy Reorganization Act of 1974,as amended in that employment was terminated on 971222,for reporting safety concerns to NRC.

DISTRIBUTION CODE:

IE54D COPIES RECEIVED:LTR ENCL SIZE:

TITLE: Region Response to Licensee re Allegations (Publicly Avail)

NOTES:

E RECIPIENT ID CODE/NAME PD2-3 LA GLEA COPIES LTTR ENCL RECIPIENT ID CODE/NAME PD2-3 PD COPIES LTTR ENCL INTERNAL: F R

'1 NRR/DRPM/PECB 1

RGN2 FILE 01 1

NRR/DRPM RES/DET/EIB EXTERNAL: NOAC NRC PDR D

C U

N NOTE TO ALL "RZDS" RECZPIENTS:

PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LIST~

OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK tDCD)

ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED:

LTTR 10 ENCL'

EA 98-330 June 11.

1998 Florida Power 8 Light Company ATTN:

Mr. T.

F. Plunkett President

- Nuclear Division P. 0.

Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

COMPLAINT OF ALLEGED DISCRIMINATION

Dear Mr. Plunkett:

On January 20, 1998, the U. S.

Department of Labor (DOL), Occupational Safety

. and Health Administration (OSHA), Atlanta, Georgia received a complaint from an individual previously employed by Florida Power and Light Company's (FPL)

St. Lucie Nuclear Plant, Mr. John Giles.

By'etter dated January 16.

1998.

Hr. Giles alleged that he.was subjected to discrimination under Section 211 of the Energy Reorganization Act of 1974.

as

amended, in that he was terminated from employment on December 22 '997, for reporting safety concerns to the Nuclear Regulatory Commission (NRC).

Specifically. Hr. Giles claimed that, his termination in December 1997 for refusing to sign a statement associated with reactor operator responsibilities and compliance with overtime policies was actually 'due to the fact that he had been observed by the St. Lucie Operations Hanager discussing excessive overtime use by reactor operators with the NRC in March 1997.

In Hr. Giles'OL complaint, he provides documentation which indicates that his safety concern was substaritiated.

On March 23.

1998, the NRC Region II office was informed by the Atlanta Regional Supervisory Investigator for OSHA that a settlement had been reached between FPL and Hr. Giles prior to any investigatory determination by DOL.

While we recognize that FPL appears to have settled its differences with Hr. G'iles, NRC must review thi s matter to determine whether a violation of 10 CFR 50.7 may have occurred.

Such a violation. if it occurred.

could have a

chilling etfect on other licensee or contractor personnel in that it might deter them from identifying any nuclear safety related concerns they may have.

Accordingly, pursuant to sections

161c, 161o, and 182 and 186 of the Atomic Energy Act of 1954's

amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f)

~ you are requi red to provide this office. within 30 days of the date of this letter.

a response in writing and under oath or affirmation that describes:

1.

Your position regarding whether the actions affecting this individual violated 10 CFR 50.7 including the basis for your position. the basis for the employment action taken.

and the results of any investigations you may have conducted regarding the ci rcumstances of Hr. Giles'laim; 2.

Any corrective action you have taken in direct response to the a ~ g r (

p 9807070307 'F80bii PDR ADGCK 05000335 P

PDR

FPL Mr. Giles'omplaint and/or your investigative findings associated with the claim; and 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.

We recognize that this case has been settled and that you may not believe that unlawful discrimination has occurred.

Consequently and notwithstanding your answer to Item 1 above, we request that you consider the need to address the'ossible chilling effect that this issue may have on other employees due to the potential perception they may have that the actions associated with Mr. Giles'ermination were in retaliation for his reporting safety concerns.

After reviewing your response.

the NRC will determine whether any further action is necessary regarding this issue.

Your response should not

~ to the extent possible, include any personal privacy. proprietary, or safeguards information so that it can be'eleased to the public and placed in the'RC Public Document Room (PDR).

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 personal privacy-related information.

Identify the particular portions of the response in question which. if disclosed'ould create an unwarranted invasion of personal privacy,'dentify 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.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"

a copy of this'etter and your response wi 11 be placed in the PDR.

Sincerely, original signed by JRJ for LAR

.Luis A. Reyes Regional Administrator Docket, Nos.

50-335, 50-389 License Nos.

OPR-67, NPF-16

FPL Distribution:

RZimmerman, NRR JLieberman, OE JGoldberg, OGC

EJulian, SECY

BKeeling, CA

~ ABoland, RII

CEvans, RII LPlisco, RII

JJaudon, RII

JJohnson, RII

FHebdon, NRR

EBaker, NRR

BGleaves, NRR RSchin, RII

SSparks, RII SRothstein, OE

BSummers, OE (2 ltrhd)

ODeNiranda, RII RII DOL File PUBLIC SEND TO PU8LIC CU NT ROON?

YES NO RII ORA I:EICS RII R

OFFICE Si nature RANE JJ ud DATE

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/98 COPY?

YES LPI s

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OLC LL.DIRiSTL LL.WPD JLieberean I

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