ML17310A459
| ML17310A459 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 07/07/1993 |
| From: | Faulkenberry B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| EA-93-159, NUDOCS 9307260117 | |
| Download: ML17310A459 (4) | |
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t UNITED STATES NUCLEAR REGULATORYCOMMISSION REGION V 1450 MARIALANE WALNUTCREEK, CAUFQRNIA94596-5368 JUL 07 (393 Docket Nos.
50-528, 50-529, 50-530 License Nos.
NPF-41, NPF-51, NPF-74 EA 93-159 Arizona Public Service Company P.O.
Box 53999, Station 9082
- Phoenix, Arizona 85072-3999 Attention:
Mr. Milliam F.
Conway Executive Vice President, Nuclear
SUBJECT:
DOL FINDING OF DISCRIMINATION AGAINST THOMAS J.
SAPORITO (U.S.
Department of Labor Case No. 92-ERA-30)
This letter refers to the results of an administrative proceeding conducted by the U.S.
Department of Labor (DOL), consisting of an investigation and
- hearing, regarding a complaint filed by Mr. Thomas J. Saporito on January 27, 1992.
On Hay 10,
Recommended Decision and Order finding that Arizona Public Service Company (APS) discriminated against Hr. Saporito because he engaged in protected activity, in violation of Section 210 of the Energy Reorganization Act.
Specifically, according to the ALJ decision, Hr. Saporito was denied employment as a contract instrument and control
( I&C) technician for a 1992 Palo Verde Unit 1 outage because he had raised safety concerns during previous employment at Palo Verde and other nuclear reactor facilities.
In particular, the ALJ noted that Mr. Saporito was not hired for the Unit 1 outage despite his prior completion of necessary Palo Verde outage training and despite good performance as an I&C technician during a previous Unit 2 outage.
The ALJ concluded that the failure to rehire Hr. Saporito for the Unit 1 outage was retaliation for his whistleblowing activities during previous employment.
Under 10 CFR 50.7, discrimination by a Commission licensee against an employee for engaging in protected activities is prohibited, and violation of this regulation normally results in escalated enforcement
- action, Therefore, we intend to schedule an enforcement conference on this matter.
- However, since APS has indicated its intent to file a motion by mid-July for reconsideration of the ALJ decision, the NRC will defer scheduling the conference until we have reviewed this motion.
Nevertheless, the subject DOL action represents the third DOL/ALJ finding of discrimination by APS against its employees within the last four years.
It is also significant that during the last five years, Region V has received more than four times as many discrimination allegations from APS employees as from any other Region V licensee.
Accordingly, the NRC is deeply concerned about the potential chilling effect that this history might have on Palo Verde employees.
Therefore, notwithstanding the past corrective actions documented in your responses to prior "chilling effect" letters, you are requested to provide me, within 30 days, a written description of the additional actions 9307260117 93070T PDR ADOCK 05000528 P
which you are taking to correct any potential chilling effect that the discrimination found by DOL in these three highly visible decisions might have on APS employees'n this regard, we understand that APS has hired consultants for two efforts: to assess employee perceptions, identifying any pockets of perceived intimidation; and to reevaluate the circumstances underlying these three decisions, recommending any additional actions to preclude recurrence of identified problems, You are requested to include specific details on these actions in your response.
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.
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, e
Regional Admin strator CC:
Hr. J.
James A. Boeletto, Esq.,
Southern California Edison Company Hr. Charles B. Brinkman,
- Manager, ABB Combustion Engineering Nuclear Power Mr. Aubrey Godwin, Director, Arizona Radiation Regulatory Agehcy
- Chairman, Maricopa County Board of Supervisors Mr. Jack R.
- Newman, Esq.,
Newman
& Holtzinger, P.C.
Hr. Curtis Hoskins, Executive Vice President and Chief Operating Officer, Palo Verde Services Mr. Roy P.
Lessey, Jr.,
Esq., Akin, Gump, Strauss, Hauer and Feld Hr. Bradley W. Jones, Esq.,
Akin, Bump, Strauss, Hauer and Feld
bcc:
H.
Wong C.
VanDenburgh S. Richards R.
Huey M. Blume Palo Verde Senior Resident J.
Lieberman, OE L. Chandler, OGC J.
- Goldberg, OGC H
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