ML17310A707
| ML17310A707 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 10/14/1993 |
| From: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| To: | NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17310A708 | List: |
| References | |
| 102-02692-WFC-R, 102-2692-WFC-R, EA-92-139, NUDOCS 9310250139 | |
| Download: ML17310A707 (22) | |
Text
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ACCESSION NBR:9310250139 DOC.DATE: 93/10/14 NOTARIZED: YES DOCKET FACIZ:STN-50-528 Palo Verde Nuclear Station, Unit 1, Arizona Publi 05000528 STN-50-529 Palo Verde Nuclear Station, Unit 2, Arizona Publi 05000529 STN-50-530 Palo Verde Nuclear Station, Unit 3, Arizona Publi 05000530 AUTH.NAME AUTHOR AFFILIATION CONWAYPW.F.
Arizona Public Service Co.
(formerly Arizona Nuclear Power RECIP.NAME RECIPIENT AFFILIATION Ofc of Enforcement (Post 870413)
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SUBJECT:
Responds to NRC 930930 ltr re violations noted in insp repts 50-528/93-70,50-529/93-70
& 50-530/93-70
& proposed imposition of civil penalty. Licensee denies violations request that NRC withdraw violation
& rescind civil penalty.
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Response
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e WILLIAMF. CONWAY EXECUTIVEVICEPAESIOENT NUCLEAR Arizona Public Service Company P.O, BOX 53999
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PHOENIX. ARIZONA85072-3999 1 02-02692-WFC/RAB/P MM October 14, 1993 Director, Office of Enforcement U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555
Reference:
Letter dated September 30, 1992, from J. B. Martin, USNRC Region V, to W. F. Conway, APS
Dear Sir:
Subject:
Palo Verde Nuclear Generating Station (PVNGS)
Units 1, 2, and 3 Docket Nos. STN 50-528/529/530 Reply and Answer to Violation A of Notice of Violation and Proposed Imposition of Civil Penalties (EA-92-139)
File: 93-070-026 The referenced letter, dated September 30, 1992, transmitted EA-92-139, Notice of Violation (NOV) and Proposed Imposition of Civil Penalties in the amount of $130,000.
This action was based upon Recommended Decisions by Department of Labor (DOL)
Administrative Law Judges (ALJ) in two separate proceedings involving claims of discrimination under Section 21 0 (now 211) of the Energy Reorganization Act. The first claim against Arizona Public Service Company (APS) was brought by Sarah Thomas, and the second by Linda Mitchell (Case Nos. 89-ERA-1 9 and 91-ERA-9, respectively).
In the referenced letter, the NRC indicated that APS would not be required to provide a formal response pursuant to 10 CFR 2.201 and 2.205 until 30 days after the Secretary of Labor (SOL) issued a final decision in each of these cases.
On June 28, 1993, the SOL issued its Final Order involving Ms. Mitchell. APS provided its response to that portion of the NOV (Violation B) pertaining to Ms. Mitchell in a letter, dated July 31, 1993.
On September 17, 1993, the SOL issued a "Final Decision and Order" in the proceeding involving Ms. Thomas.
Therefore, in accordance with the NRC's instructions, and pursuant to 10 CFR 2.201 and 2.205, APS'esponse to that portion of the NOV (Violation A) pertaining to allegations of discrimination against Ms. Thomas is enclosed.
Enclosure 1 is a restatement of Violation A of the NOV. APS'eply to Violation A and its answer to that part of the proposed civil penalty based upon Violation A is provided in.
93i0250139 93go~
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Director, Office of Enforcement U. S. Nuclear Regulatory Commission NOV and Proposed Imposition of Civil Penalties (EA-92-1 39)
Page 2 Notwithstanding the fact that APS continues to deny the violation, the Company must also assess the toll in time and resources consumed by continued litigation. Therefore, in an effort to bring this matter to a close and enable management to focus attention on assuring employees currently feel free to raise concerns rather than to focus on litigation of events which occurred almost five (5) years ago, APS remits herewith check number 151761 in the amount of $50,000.00 (Enclosure 3).
Should you have any questions, please call me at (602) 250-3900.
Sincerely,
Enclosures:
1.
Restatement of Violation A of Notice of Violation 2.
Reply to Violation A of Notice of Violation and Answer to Proposed Civil Penalty Based Upon Violation A 3.
Check Number 151761 for $50,000.00 cc:
B. H. Faulkenberry J. A. Sloan
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STATE OF ARIZONA
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COUNTY OF MARICOPA )
I, W. F. Conway, represent that I am Executive Vice President - Nuclear, that the foregoing document has been signed by me on behalf of Arizona Public Service Company with full authority to do so, that I have read such document and know its contents, and that to the best of my knowledge and belief, the statements made therein are true and correct.
W. F. Conway Sworn To Before Me This~ Day Of
, 1993.
Notary Public My Commission Expires
ENCLOSURE 1 RESTATEMENT OF VIOLATIONA OF NOTICE OF VIOLATIONEA-92-139
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RESTATEMENT OF VIOLATIONA NOTICE OF VIOLATION(EA-92-139)
Based on the results of investigations and hearings conducted by the U. S. Department of Labor (DOL) (DOL cases 89-ERA-19 and 91-ERA-9) and the resulting decisions by DOL Administrative Law Judges (ALJs) dated April 13, 1989 and July 2,
- 1992, respectively, the NRC has determined that violations of its regulations occurred.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violations are listed below:
10 CFR 50.7 prohibits discrimination by a Commission licensee, permittee, an applicant for a Commission license or permit, or a contractor or subcontractor of a Commission licensee, permittee, or applicant against an employee for engaging in certain protected activities. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment.
The protected activities include, but are not limited to, providing the NRC or licensee information about possible violations of NRC requirements.
A.
Contrary to the above, Sarah C. Thomas, who was employed by APS as an engineering technician, was unlawfully discriminated against as described in the DOL ALJ Recommended Decision and Order issued April 13, 1989, 89-ERA-19.
Specifically, Ms. Thomas was reassigned to another position, was denied a promotion, was treated differently from another employee in being considered for another promotion, was required to complete unnecessary training, and had her certifications for certain procedures suspended, all in retaliation for engaging in protected activities.
The protected activities included raising safety concerns to licensee management and the NRC regarding problems with a computer system and her testing of certain valves.
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'NCLOSURE 2 REPLY TO VIOLATIONA OF NOTICE OF VIOLATIONEA-92-139, AND ANSWER TO PROPOSED CIVILPENALTY BASED UPON VIOLATIONA
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REPLY TO VIOLATIONA OF NOTICE OF VIOLATION(EA-92-139)
AND ANSWER TO PROPOSED CIVILPENALTY Admission or Denial of the Alle ed Violation and Answer to Pro osed Civil Penal APS denies the violation, requests that the NRC withdraw the Notice of Violation (NOV),
rescind the proposed civil penalty, and return the tendered check.
Reason Violation Denied APS does not believe that the incidents cited in the April 13, 1989 ALJ's Decision, and as modified by the Secretary of Labor's September 17, 1993 Final Decision and Order, constitute a violation of 10 CFR 50.7.
The basis for this position has been previously transmitted to the NRC in a June 8, 1989 letter from W. F. Conway, APS, to J. B. Martin, NRC.
Corrective Ste s That Have Been Taken and Results Achieved In its September 30, 1992 letter transmitting the NOV and proposed civil penalty to APS, the NRC requested information regarding the actions APS has taken since June 8, 1989 to minimize any potential chilling effect from the relevant events involving Mses. Thomas and Mitchell that might inhibit or prevent APS employees or contractors from raising safety concerns.
Additionally,the NRC requested information regarding actions APS has taken to assess the extent to which its employees harbor reservations about raising safety concerns, and actions taken to eliminate or minimize those reservations.
APS'esponse to the NRC's request for information is contained in an October 30, 1992 letter from W. F. Conway, APS, to J. B. Martin, NRC. This letter is hereby incorporated by reference into this response and is attached as Attachment 1.
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In addition, although APS denies a violation occurred, it also recognizes that perception may be as important as reality in an allegation involving 10 CFR 50.7. Accordingly, APS is taking additional steps to assure that all PVNGS employees feel free to raise safety concerns in a receptive environment.
These measures have been more fully described in APS'esponse to the July 7, 1993 letter from B.
H. Faulkenberry, NRC, to W. F. Conway, APS, which was submitted on August 20, 1993.
This letter is hereby incorporated by reference into this response and is attached as Attachment 2.
Corrective Ste s That Will Be Taken To Avoid Further Violations Refer to actions identified in APS letters to NRC, dated October 30, 1992 and August 20, 1993.
APS is and has been in full compliance.
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ENCLOSURE 3 ARIZONAPUBLIC SERVICE COMPANY CHECK NUMBER 151761
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ATfACHMENT1 APS LETTER TO NRC, DATED OCTOBER 30,
'1 992
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