ML17311B270
| ML17311B270 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 11/16/1995 |
| From: | Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Stewart W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 9511210006 | |
| Download: ML17311B270 (5) | |
Text
UNITED STATES UCLEAR REGULATORY COMMIS REGION I V 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON,TEXAS 76011 8064 November 16, l995 Arizona Public Service Company ATTN:
William L. Stewart Executive Vice President, Nuclear P.O.
Box 53999
- Phoenix, Arizona 85072-3999
SUBJECT:
CLOSURE OF INVESTIGATION CASE NOS. 4-94-029, 5-92-019>
4-94-025~
AND 4-94-034 This is in reference to four investigations conducted by the NRC's Office of Investigations (OI).
A.
OI INVESTIGATION NO. 4-94-029 B.
The investigation was conducted to determine whether an individual was terminated for having raised safety concerns.
The OI investigation did not develop evidence to support a conclusion that the individual was terminated for reporting possible safety concerns.
The NRC notes that the individual also filed a complaint with the Department of Labor (DOL) as provided by the Energy Reorganization Act, Section 211.
This complaint, which was assigned Case No. 94-ERA-37, resulted in an October 6,
- 1995, Recommended Decision and Order dismissing the complaint.
The NRC considers this matter closed and plans no Further action unless warranted by the ongoing review of the Recommended Decision and Order by the Secretary of Labor.
OI INVESTIGATION NO. 5-92-019 The investigation was conducted to determine whether a,test technician was discriminated against in retaliation for engaging in protected activities, This concern was also the subject of DOL r~se
'No. 89-ERA-19.
Ihe Secret-ry of Labor found, in a September 17, 1993 decision, tI..
Lhe test technician had been discriminated against.
On February 22,
- 1994, the Secretary of Labor approved a settlement agreement and dismissed this and another case involving the same individual.
This case
- was, in
- part, the basis for NRC issuing a Notice of Violation and Proposed Imposition of Civil Penalty
($ 130,000) on September 30, 1992 (EA 92-139)
~
Based on the previous NRC enforcement action and a review of the circumstances of this case, including the Fact that a settlement with the individual was reached, the NRC considers this matter closed and plans no further action.
01 INVESTIGATION NO.
4-94-025 This investigation was conducted to determine whether a former manager was discriminated against because he had supported a concern involving nozzle dams raised by one of his employees.
The OI investigation did 95~<2<000a 95<SSS PDR ADOCK 05000528 8
Arizona Public Service Company not develop evidence to substantiate a conclusion that the individual was the subject of discrimination.
In this case, the individual did not file a complaint with DOL.
Based on the results of its investigation, the NRC considers this matter closed and plans no further action.
D.
OI INVESTIGATION NO.
4-94-034 This investigation was conducted to determine whether a former enginee:-
was discriminated against becau""
he had raised safety concerns and had testified in a DOL hearing for another employee.
The OI investigation did not develop evidence to substantiate a conclusion that the individual was discriminated against for raising safety concerns or for testifying in a
DOL hearing for another employee.
The individual also filed a complaint with DOL (95-ERA-002).
On October 12, 1994, the DOL Assistant District Director in Phoenix, Arizona found that the information submitted did not support the allegation of discrimination.
Subsequently, a settlement was reached with the individual and on January 26,
- 1995, the Secretary of Labor issued a Final Order Approving the Settlement and Dismissing Complaint.
Based on the results of its investigation, and the fact that a settlement was reached with the individual, the NRC considers this matter closed and plans no further action.
Please contact us should you have any questions about these matters.
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's Public Document Room.
Sip erely, (i'd@<<
Division of Reactor Project Dockets:
50-528 50-529 50-530 Licenses:
Arizona Corporation Commission ATTN:
Mr. Steve Olea 1200 W. Washington Street
- Phoenix, Arizona 85007
Arizona Public Service Company Southern California Edison Company ATTN:
T.
E. Oubre, Esq.
P.O.
Box 800
- Rosemead, California 91770 Arizona Radiation Regulatory Agency ATTN:
Aubrey V. Godwin, Director 4814 South 40 Street
- Phoenix, Arizona 85040 Maricopa County Board of Supervisors ATTN:
Chairman 111 South Third Avenue
- Phoenix, Arizona 85003 Palo Verde Services ATTN:
Curtis Hoskins, Executive Vice President and Chief Operating Officer 2025 N. 3rd Street, Suite 220
- Phoenix, Arizona 85004 Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company ATTN:
Roy P.
Lessey, Jr.,
Esq.
1333 New Hampshire Avenue, Suite 400 Mashington, D.C.
20036 Arizona Public Service Company ATTN:
Angela K. Krainik, Nanager Nuclear Licensing P.O.
Box 52034
- Phoenix, Arizona 85072-2034
Arizona Public Service Company bcc to DMB (IE01)
DRS,
- DRP, and Decommissioning bcc distrib.
by RIV:
L. J. Callan MIS System J.
Lieberm i OE Branch Chief (DRP/F, WCFO)
Senior Project Inspector (DRP/F, WCFO)
Leah Tremper (OC/LFDCB, MS:
TWFN 9EIO)
M.
Hammond (PAO, WCFO)
Resident Inspector L. Wiliamson, OI R. Wise RIV File Branch Chief (DRP/TSS)
B. Henderson G. Sanborn DOCUMENT NAME: G:~tEAtt01494029.CLS To receive copy of document, indicate in box: "C" ~ Copy without enclosures "E" ~ Copy with enclosures "N" = No copy EO GFSan ll/
/95 0:DRP JEDyer ll/
/95 0
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