ML17291B252
| ML17291B252 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 01/03/1996 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Parrish J WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| References | |
| EA-95-075, EA-95-75, NUDOCS 9603110643 | |
| Download: ML17291B252 (6) | |
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t UNITED STATES NUCLEAR REGULATORY COIVIMISSION REGION IV 611 RYAN PLAZADRIVE, SUITE 400 ARLINGTON,TEXAS 76011.8064 January 3,
1996 EA 95-075 Washington Public Power Supply System ATTN:
J.
V. Parrish, Vice President Nuclear Operations 3000 George Washington Way P.O.
Box 968, MD 1023
- Richland, Washington 99352
SUBJECT:
EMPLOYEE DISCRIMINATION
( INVESTIGATION REPORT 5-93-028; INSPECTION REPORT 50-397/93-51)
Dear Mr. Parrish:
This is in reference to your June 30, 1995, letter in which you responded to my June 2,
1995, letter regarding discrimination against an employee of the Washington Public Power Supply System (Supply System) in violation of 10 CFR 50.7 of the NRC's regulations.
In a letter dated January 31,
- 1995, the Supply System provided a detailed description of this matter and its actions in response.
My June 2,
1995, letter indicated that the NRC was considering whether to take enforcement action in this case and requested certain additional information from the Supply System.
Specifically, the NRC requested that the Supply System provide more information about the responsibilities of the supervisor who discriminated against this individual and whether other Supply System managers were involved.
The NRC also asked the Supply System to address concerns identified in NRC Inspection Report 50-397/95-17 regarding the willingness of employees to raise concerns and the effectiveness of related training provided to contractor personnel.
In its June 30,
- 1995, response, the Supply System provided its basis for concluding that the supervisor involved in the discrimination was a first-line supervisor with respect to the subject of the discrimination, and that no other managers were involved.
In addition, your letter stated that the Supply System was revising its training of contract employees to eIihance their understanding of the employee concerns
- program, and that the Supply System's surveys of employees had found that employees would readily identify concerns to their supervisors and the Nuclear Safety Issues Program.
The NRC has completed its review of the additional information you provided.'lthough violations of 10 CFR 50.7 are routinely considered significant, the NRC's Enforcement Policy, in order to encourage early identification and i
l~(S' The NRC's review of this matter was placed on hold when it learned that the individual who was the subject of the discrimination in this case had filed another complaint with the Department of Labor.
Although dated July 1,
- 1995, the complaint was not formally acknowledged by the Department of Labor until December 1,
1995.
96031.i0643
'P60f.03 PDR ADOCK 05000397
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Washington Public Power Supply System resolution of discrimination matters, provides that anforcem~ni discretion may be exercised in certain situations.
In this case, it is apparent that the Supply System confirmed through its own investigation that this individual had been subjected to discriminatory treatment, that the Supply System made every effort to settle this matter to the satisfaction of the complainant and ultimately was successful in doing so, that the Supply System publicized the settlement of this complaint and that the Supply System has taken actions to address the overall environment for raising concerns.
In light of the specific circumstances of this case, and in accordance with VII.B.5 of the General Statement of Policy and Procedure for NRC Enforcement Actions, NUREG-1600, the NRC has decided that it will not pursue enforcement action.
While we are closing this matter out and taking no enforcement
- action, I note that this decision affects only the employee's January 1994 complaint of discrimination.
As indicated in the footnote on the previous
- page, the individual who was the subject of discrimination has filed a new complaint in which he alleges that he has been the subject of continuing discriminatory treatment.
The Department of Labor acknowledged receipt of this complaint on December 1,
- 1995, and formally provided a copy of the complaint to the Supply System.
The NRC will monitor this complaint and will consider enforcement action as appropriate if it becomes apparent that the complaint has merit.
Clearly, the NRC would consider repetitive discrimination against an employee a very serious matter.
We will be pleased to answer any questions you have about this matter.
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.
Sincerely, Docket:
50-397 License:
L.
. Callan Regional Administrator CC:
Department of Labor Attn:
Gordon L. Wilson, District Director Wage and Hour Division 111 Third Avenue, Suite 755
- Seattle, Washington 98101
J
Washington Public Power Supply System Washington Public Power Supply System ATTN:
J
'I. Swailes, WNP-2 Plant Manager P.O.
Box 968, MD 927M
- Richland, Washington 99352-0968 Washington Public Power Supply System ATTN:
Chief Counsel 3000 George Washington Way P.O.
Box 968, MD 396
- Richland, Washington 99352-0968 Energy Facility Site Evaluation Council ATTN:
Frederick S. Adair, Chairman PE 0.
Box 43172 Olympia, Washington 98504-3172 Washington Public Power Supply System ATTN:
D.
AD Swank, WNP-2 Licensing Manager P.O.
Box 968 (Hail Drop PE20)
- Richland, Washington 99352-0968 Washington Public Power Supply System ATTN:
P.
R. Bemis, Regulatory Programs Manager P.O.
Box 968 (Hail Drop PE20)
- Richland, Washington 99352-0968 Benton County Board of Commissioners ATTN:
Chairman P.O.
Box 190
- Prosser, Washington 99350-0190 Winston
& Strawn ATTN:
H.
H. Philips, Esq.
1400 L Street, N.W.
Washington, D.C.
20005-3502
Washington Public Power Supply System bcc distrib.
by RIV:
L. J. Callan DRSS-FIPB Branch Chief (DRP/E, WCFO)
Senior Project Inspector (DRP/E, WCFO)
Leah Tremper (OC/LFDCB, MS:
TWFN 9E10)
R, Wise J,
Lieberman, OE OE:EA File R.
Zimmerman, NRR L. Williamson, OI K. Perkins, WCFO
'DR Resident Inspector MIS System RIV File Branch Chief (DRP/TSS)
B. Henderson (PAO, RIV)
F.
Huey W. L. Brown OE:ES/Rosano J.
- Goldberg, OGC W. Bateman, NRl95 JN )6 P1'01 J.
Dyer PUBLIC DOCUMENT fib'OCUMENT NAME: G:/EA/EA95075.LTR To receive copy of document, indicate in box: "C" ~ Copy without endosures E
Copy wi endosures N
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95 C:DRP/
HJWong 12/ 47/95 D:DRP JDyer 12/8 /95 RC WBrown 12/
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