ML17229B461

Informs of Complaint of Alleged Discrimination by Employee After Raising Safety Concerns While Performing Duties at St Lucie Nuclear Plants

ML17229B461
Person / Time
Site:	Turkey Point
Issue date:	10/06/1995
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Goldberg J FLORIDA POWER & LIGHT CO.
References
EA-95-209, NUDOCS 9510230344
Download: ML17229B461 (4)

Text

~ IltOy

."o,*h Cp

~p4~

~o

+**>>+

t UNITED STATES NUCLEAR REGULATORY COMMISStON REGION II 101 MARIETTASTREET, N.N., SUITE 2I00 ATLANTA,GEORGIA 303234199 October 6, 1995 EA 95-209 Florida Power and Light Company ATTN:

Mr. J.

H. Goldberg President

- Nuclear Division P. 0.

Box 14000 Juno

Beach, FL 33408-0420

SUBJECT:

COMPLAINT OF ALLEGED DISCRIMINATION

Dear Mr. Goldberg:

On June 5, 1995, the U.S. Department of Labor's Wage and Hour Division in Fort Lauderdale, Florida, received complaints from Mr. Gary L. Phipps, an employee of Florida Power and Light Company's Turkey Point Nuclear Plant and St.

Lucie Nuclear Plants.

The employee alleged that he had been subjected to discrimination as a result of raising safety concerns while performing his duties at the St. Lucie Nuclear Plant.

In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated

'eptember 8, 1995, the Assistant District Director of the Wage and Hour Division, Fort Lauderdale, Florida, found that the evidence obtained during

, the Division's 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.

The NRC is 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 emp1oyee may have had a chilling effect on other 1icensee or contractor personnel.

Accordingly, pursuant to sections 16lc, 16lo, 182 and 186 of the Atomic Energy Act of 1954, as

amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath and affirmation that:

1.

Provides the basis for the employment action regarding the employee and includes a copy of any investigation reports you have regarding the circumstances of the action; and 2.

Describes the actions, if any, taken or planned to assure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.

Your response should not', to the extent possible, include any personal privacy, proprietary, or safeguards information so that it can be released to

FP&L 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 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 f'r 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).

After reviewing your response, the NRC will determine whether enforcement action i.s necessary at this time to ensure compliance with regulatory requirements.

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

a copy of this letter will be placed in the NRC Public Document Room.

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 Act of 1980, Pub.

L. No.96-511.

Sincerely, Docket Nos. 50-250, 50-251 License Nos.

DPR-31, DPR-41

, P~

Regional Administrator CC Department of Labor/ESA Mage and Hour Division ATTN:

Ana R. Moreno Assistant District Director 299 E. Broward Blvd.,

Room 408 Fort Lauderdale, FL 33301 cc cont'd:

(See page 3)

FP&L cc cont'd:

Assistant Administrator Employment Standards Administration Wage and Hour Division Department of Labor Room S-3502 200 Constitution Avenue, N.W.

Washington, D.C.

20210 H. N. Paduano, Hanager Licensing

& Special Programs Florida Power and Light Company P. 0.

Box 14000 Juno

Beach, FL 33408-0420 0.

E. Jernigan Plant General Manager Turkey Point Nuclear Plant P. 0.

Box 029100 Miami, FL 33102 T. F. Plunkett Site Vice President Turkey Point Nuclear Plant P. 0.

Box 029100 Miami, FL 33102 T. V. Abbatiello Site guality Manager Turkey Point Nuclear Plant P. 0.

Box 029100 Miami, FL 33102 E. J.

Weinkam Licensing Manager Turkey Point Nuclear Plant P. 0.

Box 4332 Miami, FL 33032-4332 J.

R. Newman, Esq.

Morgan, Lewis 8 Bockius 1800 H Street, NM Washington, D. C.

20036 John T. Butler, Esq.

,Stee'1, Hector and Davis 4000 Southeast Financial Center

Hiami, FL 33131-2398 Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32304 Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Jack Shreve Public Counsel Office of the Public Counsel c/o The Florida Legislature 111 West Madison Avenue, Room 812 Tallahassee, FL 32399-1400 Joaquin Avino County Hanager of Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, FL 33128 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100

FP&L Distribution:

JLieberman, OE JGoldberg, OGC RZimmerman, NRR

RRosano, OE

GTracy, OEDO EMerschoff, RII

RCroteau, NRR KLandis, RII BUryc, RII LWatson, RII WMcNulty, OIFO/RII GHallstrom, RII PUBLIC Thomas P. Johnson Senior Resident Inspector U.S. Nuc'lear Regulatory Commission P. 0.

Box 1448 Homestead, FL 33090 sEND To pusUc oocuMENT RooMr YES NO OFFICE Rll:DRP SIGNATURE DATE oa INIas RII:DR oa IZ3Ias Rll:0 S AQibeon Rll:ORA CEvene oa Ias Rll:ElCS oa as Oa I Ias COPY?

ES NO YES 0

YES 0

YES 0

ES NO YES NO OFFICIAL RECORD COPY DOCUM NAME: H IID CHILL.DIRiPHIPPS.

g 8