ML17311B328
| ML17311B328 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 10/06/1995 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Mclaughlin D External (Affiliation Not Assigned) |
| References | |
| EA-95-192, NUDOCS 9601030044 | |
| Download: ML17311B328 (6) | |
Text
qI>><<uCIp0 I
u 0
Cy Cy
+**+~
UNITEO STATES NUCLEAR REGULATORY COMMISSION REGION IV 611 RYAN PLAZA ORIVE, SUITE 400 ARLINGTON,TEXAS 76011 8064 October 6, 1995 EA 95-192 Nr. Dennis HcLaughlin, President The Atlantic Group North Commerce Park 5426 Robinhood Road Norfolk, Virginia 23513
SUBJECT:
ALLEGED DISCRIMINATION (DEPARTMENT OF LABOR CASE NO.
94-ERA-9)
Dear ter.
l1cLaughl in:
This is in reference to a Nay 16, 1995.
Recommended Decision and Order issued by a Department of Labor (DOL) administrative law judge (ALJ) in the case of an electrical enaineer formerly employed by The Atlantic Group (TAG) at the
~a zM~
uclear Generatin Stati The ALJ found that TAG discriminated against this ina1 a
as a result of his engaging in protected activities, i.e.. raising safety concerns, while he was employed by TAG at the Palo Verde facility.
On June 19, 1995.
the Secretary of Labor issued a preliminary order'roviding the reIief recommended by the ALJ.
As you are aware.
the NRC's regulations in 10 CFR 50.7 prohibit discriminating aaainst employees who raise safety concerns.
This regulation applies to NRC licensees as well as contractors and subcontractors or licensees.
Since TAG was a contractor to Arizona Public Service Company (APS) at the Palo Verde facility, the NRC is concerned that TAG's actions involving this individual may have violatea the employee protection provisions set forth in 10 CFR 50.7 and may have had.
or continue to have.
a chilling effect on the willingness of TAG employees ai ?alo Verde or other NRC-licensed facilities to raise perceived safety concerns.
The NRC has reviewed both APS's June 12.
1995. letter to you asking you to address this matt r and your June 30.
1995. reply, in which you stated that you strongly disaaree with the ALJ's decision that TAG's site manager at Palo Verde intentionaIIy discriminated against this individual.
Notwithstanding your reply to APS.
and pursuant to sections 16lc.
16lo.
182 and 186 of the Atomic Energy Act of 1954.
as amended.
and the Commission's regulations in 10 CFR 2.204.
in order for the NRC to determine whether enforcement action should be taken i~ this case.
you are reauired to provide us within 30 days of
'.le note that a violation of 10 CFR 50.7 may occur even if not intentional. e.a..
in a case where the person responsible for the unlawful discrimination is unaware or the statutory and regulatory prohibitions against such conduct.
960i030044 95i006 PDR ADOCK 05000528
-'>8'DR
The Atlantic Group the date of this letter, the following information, which should be submitted under oath or affirmation:
TAG's basis for believing that the action affecting this individual did or did not violate 10 CFR 50.7, including a copy of any investigation reports you have regarding the circumstances of the action; and 2.
A description of TAG's actions, taken or planned, to assure that the action affecting this individual did not and does not have a chilling effect in discouraging other TAG employees from raising perceived safety concerns.
With respect to No.
2 above, we request that you not limit this response to actions taken at Palo Verde but include a description of actions taken at all NRC-licensed facilities where TAG may be a contractor or subcontractor to the licensee.
We also request that in responding you consider the potential chilling effect of this ongoing DOL case even if you do not believe that a
violation of 10 CFR 50.7 occurred.
Please submit your response to this office. with a copy to James Lieberman, Director, Office of Enforcement.
U.S. Nuclear Regulatory Commission, One White Flint Horth, 11555 Rockville Pike. Rockville.
HD 20852-2738.
Your response should not, to the extent possible.
include any personal privacy or proprietary information so that it can be released to the public and placed in the HRC Public Document Room.
If personal privacy information is necessary to provide an acceptable response.
then please provide a bracketed copy of your response that identifies the personal privacy-related information and a
redacted copy of your response that deletes the personal privacy-related information.
Identify the particular portions of the response in question which. if disclosed.
would create an unwarranted invasion of personal
- privacy, identify the individual whose privacy would be invaded in each instance.
describe the nature of the privacy invasion, and indicate why, considering the public interest in ihe matter, the invasion of privacy is unwarranted.
If you reauesz withholding on any other grounas.
you must specifically identify the portions of your response that you seeK to have withheld and provide in detail the bases for your claim of withholding (e.g..
pr'ovide the information required by>> 10 CFR 2.790(b) to support a reauest for withholding confidential commercial or financial information).
After reviewing your response, the HRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
In accordance with !0 CFR 2.790 of the HRC's 'Rules of Practice."
a copy of this letter.vill be placed in the NRC Public Document Room.
The responses directed by this ',ester are not subject to the clearance procedures of the
The Atlantic Group Office of Management and Budget as required by the Paperwork Reduction Act of 1980.
Pub.
L. No.96-511.
Sincerely, L.
Ca lan, Regional Administrator CC:
Arizona Public Service Company ATTN:
'rlilliam L. Stewart Executive Vice President, Nuclear P.O.
3ox 53999
Angela K. Kraini k, Manager Nuclear Licensing P.O.
Pox 52034 Phoenix.
Arizona 85072-2034
gJ
The Atlantic Group bcc:
Public Document Room L. J. Callan Branch Chief (DRP/F)
Senior Project Inspector (DRP/F, WCFO)
Resident Inspector/PVNGS RIV Files Project Engineer (DRP/F)
Branch Chief (DRP/TSS)
GSanborniEAFile WJonesiDOLFile RWise WBrown LWilliamson, OI JLieberman, OE
- RRosano, OE JGoldberg, OGC RZimmerman, NRR DOCUMENT NAME':ttEAiEA9519 LTR To receive o y of document, indicate in Copy without e osures
" " ~ Copy with enciosures "N" No copy EO GSanb 10/
/95 D:DRP JDyer 10/ 9/95 RC WLBrown 10/
/95 DRA SJCol
'ns 10/
/9 LJCal an 10/ Q/95 ii g0 C
LRCO COP
t