ML17306A769
| ML17306A769 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/22/1992 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 9206100081 | |
| Download: ML17306A769 (4) | |
Text
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+**y4 UNITED STATES NUCLEAR REGULATORYCOMMISSION REGION V 1450 MAR)AlANE VVALNUTCREEK, CALIFORNIA94596-5368 May 22, 1992 Docket Nos.
50-528, 50-529, 50-530 Arizona Public Service Company P. 0.
Box 53999, Station 9012
- Phoenix, Arizona 85072-3999 ATTENTION:
Hr. William F.
Conway Executive Vice President, Nuclear
SUBJECT:
DOL FINDING OF DISCRIHINATION AGAINST LINDA HITCHELL ALLEGATION RV-92-A-0017.
On April 9, 1992, the U.S. Department of Labor's Wage and Hour Divisi'on in Phoenix, Arizona, received a compla'int from an employee of Arizona Public Service Co. at the Palo Verde Nuclear Generating Station, Hs. Linda Hitchell.
The employee alleged that she had received an unfair performance appraisal because she had raised safety concerns while performing her duties at Palo Verde.
In response to that complaint,. the Wage and Hour Division conducted an investigation, and in a letter dated Hay 8, 1992, the Area Director of the Wage and Hour Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged in a protected activity within the ambit of the Energy Reorganization Act, and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised her 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 employee may have had 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:
2.
Provides the basis for the employment action that led to the complaint, and includes a copy of any investigation reports you have regarding the circumstances of the action;
- and, Describes the actions (other than those actions described in your February 25, 1992 letter to us concerning another incident), if any, taken or planned to assure that this employment action does not have a
chil-ling effect in discouraging other licensee or contractor, employees from raising perceived safety concerns.
After reviewing your response, the NRC will determine whether enforcement action is necessary to ensure compliance with regulatory requirements.
920610008i 920522 R
ADOCK 05000528 PDR r~d
Hay.22, 1992 Please indicate in your response whether any of the information that you provide should be withheld from public disclosure based on the provisions of 10 CFR 2.790(a).
Please cite the specific provision of this regulation that is applicable, or other basis for nondisclosure.
'n accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosure 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.
cer ly,
/
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o n B. Martin Regional Administrator cc:
Ms. Linda Mitchell David Colapinto, Esq.,
- Kohn, Kohn
& Colapinto, P.C.
517 Florida Ave., N.W., Washington, D.C.
20001 Susan P. Nern, Assistant District Director, DOL
- ESA, Wage
& Hour Div., 3221 N. 16th St.,
- Phoenix, AZ 85016
May 22, 1992 Please indicate in your response whether any of the information that you provide should be withheld from public disclosure based on the provisions of 10 CFR 2.790(a).
Please cite,.the.,specific provision of this'regulation that p".',
- is."'applicable'or other 'bas'is-fqr..nondisclosure.e
~. '"."';"~ <>>
P;/.
-In accordance. with 10 CFR 2;790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
C 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, IS/
John B. Hartin Regional Administrator cc:
Ms. Linda Mitchell David Colapinto, Esq.,
- Kohn, Kohn & Colapinto, P.C.
517 Florida Ave., N.W., Washington, D.C.
20001 Susan P. Nern, Assistant District Director, DOL
- ESA, Wage
& Hour Div., 3221 N. 16th, St.,
- Phoenix, AZ 85016 bcc:
J. Sniezek, DEDO H. Thompson, DEDO J.
Lieberman, OE J.
Huey H.
Wong Allegation File MBlume 5 /,IK/92 Perkins Q/92 JMart'-
92
/
/92
/
./92 YE NO YES NO ES
. NO YES NO YES NO NO ES