ML17305A721

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Requests Response to 900305 Complaint from K Akers Re Receipt of Inappropriately Low Rating in Performance Review Due to Akers Raising Safety Concerns While Performing Duties at Plant.Response Requested within 30 Days of Ltr Date
ML17305A721
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 04/24/1990
From: Martin J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To: Conway W
ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
NUDOCS 9005010028
Download: ML17305A721 (6)


Text

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+ +**y4 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION V 1450 MARIALANE,SUITE 210 WALNUTCRE+P)lljO) 94596 Docket Nos.

50-528, 50-529, 50-530 License Nos.

NPF-41, NPF-51, NPF-74 Arizona Public Service Company P.

0.

Box 52034

Phoenix, AZ 85072-2034 ATTN:

Mr. William F.

Conway Executive Vice President

SUBJECT:

Karen Akers v.

APS NRC Allegation File No.

RV-90-A-0016

Dear Sir:

On March 5, 1990, the U.

S.

Department of Labor's Wage and Hour Division in Phoenix received a complaint from Karen Akers, an employee of Arizona Public Service Company at the Palo Verde plant.

Ms. Akers alleged she received an inappropriately low rating in an APS performance review because she had raised safety concerns while performing her duties at Palo Verde.

By a DOL letter dated March 29, 1990, the NRC learned that the complaint was settled and withdrawn.

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 employee may have a chilling effect on other licensee or contractor personnel.

Therefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:

1.

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

Describes any actions (beyond those described in your letter of January 19, 1990 concerning William David Simmons) 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; and 3.

Provides a copy of your settlement agreement with the complainant.

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

90050i0028 900424 PDR ADOCK 05000528 P

PDC,

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APR 2 4

iggp Should you have any questions about this request, please contact Michael Blume, Regional Attorney, at (415) 943-3737.

I In accordance with Section 2.790 of the NRC's "Rules of Practice,"

Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room.

The response requested by this letter is 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, p~ Jo n

ln Regio 1 Administrator

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bcc:

H.

Blume B. Faulkenberry R.

Zimmerman R.

Scarano H.

Mong F. Menslawski A. Johnson J.

Lieberman, OE J.

Goldberg, OGC Allegation File No.

RV-90-A-0016 Region V i MBlume /iig JBMart'n 4/"3/90 4/p(/90 YES /

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