ML17331B007
| ML17331B007 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/29/1993 |
| From: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| FRN-58FR41108, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-70, RULE-PR-72, RULE-PR-72-58DR41108 58FR41108-00058, 58FR41108-58, NUDOCS 9310200107 | |
| Download: ML17331B007 (10) | |
Text
REGULA'AY INFORMATION DISTRIBUTIO!SYSTEM (RIDE)
ACCESSION NBR:9310200107 DOC.DATE: 93/09/29 NOTARIZED: NO DOCKET FACIL:50-315 Donald C.
Cook Nuclear Power Plant, Unit 1, Indiana M
05000315 50-316 Donald C.
Cook Nuclear Power Plant, Unit 2, Indiana M
05000316 AUTH.NAME AUTHOR AFFILIATION FITZPATRICK,E.
Indiana Michigan Power Co. (formerly Indiana 6 Michigan Ele RECIP.NAME RECIPIENT AFFILIATION Docketing
& Services Branch R
SUBJECT:
Comments supporting NUMARC opinions re whistleblowers protection.
DISTRIBUTION CODE:
DS09D COPIES RECEIVED:LTR i ENCL 4
SIZE:
TITLE: SECY/DSB Dist: Public Comment on Proposed Rule (PR)-Misc NOTES:
7 D
Notice;Reg
/
F EXTERNAL: NRC PDR 02 RECIPIENT ID CODE/NAME INTERNAL: OGC D
5-B-18 REG 01 S DSIR COPIES LTTR ENCL 1
1 1
P'ECIPIENT ID CODE/NAME OGC/SAIP15-B-18 RES DIR RES/PMPDAS COPIES LTTR ENCL NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK.
ROOh1 P l-37 (EXT. 504-2065) TO ELIMINATEYOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!
TOTAL NUMBER OF COPIES REQUIRED:
LTTR 7
ENCL
C P
/
ll 1g t
II 1
Power Company P.O. Box 16631 Columbus, OH 43216 USNRC
'93 Ot;T -4 F 2:51 Chief, Rules Review and Directives Branch Mai.l Stop:
P-223 U. S. Nuclear Regulatory Commission Washington, DC 20555 Attn:
Docketi.ng and Service Branch September 29, 1993 Dear Sire AEP:NRC:0508AA 0
J4j u
)
1
)
~g )
Res Request for Public Comment Whistleblower Protection Attached are our comments on the whistleblower procedures.
We appreciate this opportunity to offer our comments.
Sincerely, Vice President dr Attachment cc:
A. A. Blind G. Charnoff J.
B. Martin Region III J.
R. Padgett NFEM Section Chief NRC Resident Inspector 9310Z00107 931004 30 58FR41108 PDR PDR PR
Mr. Samuel J. Chilk AEPsNRC:0508AA bc:
S. J.
Brewer D. H. Malin/K. J. Toth M. L. Horvath Bridgman w/o attachment J.
B. Shinnock w/o attachment W. G. Smith, Jr.
B. A. Wetzel, NRC - Washington, D.C.
AEP!NRC:0508AA DC-N-6015.1
ATTACHMENT TO AEP:NRC:0508AA PUBLIC COMMENT WHISTLEBLOWER PROTECTION
Attachment to AEP:NRC:0508AA INDIANAMICHIGAN POWER COMPANY~ S COMEGKTS Indiana Michigan Power Company (I&M) fully endorses the comments and opinions expressed by NUMARC in its letter on behalf of the nuclear industry.
INC is dedicated to the safe operation of its D.
C.
Cook Nuclear Plant.
The atmosphere encouraging the free expression of safety concerns by all site personnel at IM's D.C.
Cook Nuclear Plant is evidenced by the number of questions related to all aspects of plant operations which plant management receives from all site personnel'ach year through our corrective action program.
Therefore, IQC believes that the NRC's statutory authority and current regulatory procedures are adequate to address safety concerns and handle complaints by whistleblowers of 4
retaliatory discrimination.
However, IM respectfully submits that some additional concerns should be considered as a part of this review of whistleblower procedures:
(1) possible negative effects on safety resulting from bogus allegations of safety concerns by employees attempting to protect their jobs, retaliate against their supervisors, or set up a false claim for damages, and (2) the need for due process for licensees alleged to have engaged in retaliatory discrimination.
Attachment to AEP:NRC:0508AA I.
Fal e Alle ations f Saf Conc ms The current statutory and regulatory scheme protecting whistleblowers from discriminatory treatment is so broad and leans so far toward protection of the whistleblower that it may negatively impact safety. It is not hard to imagine a licensee or employer with legitimate concerns about the competency of, or necessity
- for, an employee being deterred from disciplining or terminating the employee if the employee has the foresight to make some allegation, any allegation, of a safety violation.
While the NRC considers testimony and anecdotal evidence of the chilling effects of discrimination on employee reporting of safety concerns, it should also consider anecdotal evidence of he chillin e feet which he whistleblower rotections ma hav on le 'mate hum n resources decisions which ould i act on lant safet Any employee whose job is in jeopardy for legitimate reasons, including incompetency, or who wants.to retaliate against a supervisor or plant management for any reason, or who wants to extort money, can fabricate a
safety concern and hold the employer or licensee hostage to fear of a claim of retaliatory discrimination.
.II.
D e Proce for Licen ee Under current practices of the Department of Labor (DOL) in reviewing allegations of retaliatory discrimination, it is possible for the licensee to be kept totally in the dark by the DOL and
Attachment to AEP:NRC:0508AA denied any participation in the DOL's review of the alleged discrimination, even thou h the licen ee ma ultimatel be held licensee's contractor against one of the contractor's employees.
I&M urges the NRC to work with the DOL to review their procedures to assure that, if a claim of retaliatory discrimination is made, the licensee of the nuclear facility where the discrimination allegedly occurred will be treated fairly and with due process, including the following:
A.
The licensee should receive prompt and detailed notice when the claim is filed so that the licensee may promptly investigate the allegation; B.
C.
The licensee should receive copies of all documents and pleadings filed during the course of the DOL review and, if not a party to the proceeding, should be added to the service list for receipt of copies and be given notice and an opportunity to participate in all proceedings; and Prior to a final finding by the NRC that unlawful discrimination has
- occurred, the DOL and NRC should refrain from issuing press releases detailing preliminary findings or investigations, which result in adverse negative publicity to the licensee which cannot be undone if the allegations are later found to be without merit.
Attachment to AEP:NRC:0508AA IM urges the NRC to consider changes in its procedures to discourage the filing of contrived safety concerns and to ensure licensee participation in proceedings relating to alleged retaliatory discrimination.
These changes would have a positive influence on safety and would lead to more thorough investigations and accurate findings regarding alleged discrimination.
BB>MI930917.100
Of 4r
~
~
0 OO