ML17332A839
| ML17332A839 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 06/28/1995 |
| From: | Axelson W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| NUDOCS 9507120394 | |
| Download: ML17332A839 (6) | |
Text
June 28, 1995 Indiana and Michigan Power Company ATTN:
Mr. E.
E. Fitzpatrick Senior Vice President Nuclear Generation One Riverside Plaza
- Columbus, Ohio 43216
SUBJECT:
NOTICE OF VIOLATION TO HYDRO NUCLEAR SERVICES, INC.
Dear Mr. Fitzpatrick:
Hydro Nuclear Services, Inc.,
(Hydro) was a contractor at the D.
C.
Cook Nuclear Power Plant in 1988 when it denied employment to Mr. Shannon T. Doyle for refusing to sign an application that included what he believed was a
waiver of his rights under the Energy Reorganization Act of 1974, as amended (ERA).
After an adjudicatory hearing, a Department of Labor Administrative Law Judge, (ALJ) concluded that Hydro had not discriminated against Mr. Doyle by denying him employment without his signing the application.
However, in March 1994, the Secretary of Labor reversed the ALJ's recommendation, finding that Hydro had discriminated against Mr. Doyle, finding that signing the form would have released Hydro and any other employer from whom Hydro obtained information about Mr. Doyle from any claim that the information had been provided or used to deny Mr. Doyle employment because of activities protected under the ERA.
This is to notify you that the NRC has issued a Notice of Violation to Hydro on this date.
The Notice of Violation describes a violation of 10 CFR 50.7, categorized at Severity Level III.
Hydro is requested to respond to the letter and document the specific actions taken and additional actions planned to prevent recurrence.
While the NRC is not issuing a separate enforcement action against you for this violation, we presume that you have taken steps to ensure that your contractors are not engaging in discriminatory actions.
If additional future violations of this type are identified, the NRC will consider whether escalated enforcement action is appropriate against either Hydro Nuclear or Indiana and Michigan Power Company.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
~
.alt g) 9507120394 950628 PDR ADOCK 05000315 9
Indiana Hichigan and Power Company You are not required to respond to this letter.
The enclosed letter and Notice of Violation, and any response you provide to this letter, are not subject to the clearance procedures of the Office of Hanagement and Budget as required by the Paperwork Reduction Act of 1980, Pub.
L. No.96-511.
Sincerely, Docket Nos. 50-315, 50-316 License Nos.
Enclosure:
As Stated
/s/
W. L. Axelson, Director W. L. Axelson, Director Division of Reactor Projects cc/ encl.:
Hydro Nuclear Services, Inc.
A. A. Blind, Plant Hanager James R. Padgett, Hichigan Public Service Commission Hichigan Department of Public Health
Indiana Hichigan and Power Company O~iih ti PDR LPDR SECY CA
- JHTaylor, EDO JLHilhoan, DEDO JLieberman, OE HHiller, R: III LChandler, OGC JGoldberg, OGC WTRussell, NRR RZimmerman, NRR DCrutchfield, NRR FGillespie, NRR
- EBaker, NRR Enforcement Coordinators RI, RII, RIII, RIV
- JIsom, RI, D.
C.
Cook
- EHayden, OPA DWilliams, IG
- GCaputo, OI
- EJordan, AEOD
- DDandois, OC
- DRosano, OE OE Files (2)
NUDOCS State of Michigan Distribution:
Docket File w/encl PUBLIC IE-Ol w/encl OC/LFDCB w/encl SRI D.
C.
Cook w/encl DRP w/encl RIII PRR w/encl D.
C. Cook, PH, NRR w/encl IPAS (E-Hail) w/encl Document:
On Disk To receive a copy of thin doc~at, in4icate in the boa C
Copy nithout attach/encl E
Copy neith attach/encl N
No co OFFICE RIII RIII E
RIII NAME DATE Pirok 06 4 95 Pel ke Kro 06 95 06 95 OFFICIAL RECORD COPY xelson 06 95
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UNITED STATES NUCLEAR REGULATORYCOMMISSION REGION III 801 WARRENVILLEROAD LISLE. ILLINOIS60532-4351 June 28, 1995 Indiana and Michigan Power Company ATTN:
Hr.
E.
E. Fitzpatrick Senior Vice President Nuclear Generation One Riverside Plaza
- Columbus, Ohio 43216
SUBJECT:
NOTICE OF VIOLATION TO HYDRO NUCLEAR SERVICES, INC.
Dear Hr. Fitzpatrick:
Hydro Nuclear Services, Inc.,
(Hydro) was a contractor at the D.
C.
Cook Nuclear Power Plant in 1988 when it denied employment to Mr. Shannon T. Doyle for refusing to sign an application that included what he believed was a
waiver of his rights under the Energy Reorganization Act of 1974, as amended (ERA).
After an adjudicatory hearing, a Department of Labor Administrative Law Judge, (ALJ) concluded that Hydro had not discriminated against Hr. Doyle by denying him employment without his signing the application.
However, in
'arch 1994, the Secretary of Labor reversed the ALJ's recommendation, finding that Hydro had discriminated against Hr. Doyle, finding that signing the form would have released Hydro and any other employer from whom Hydro obtained information about Hr. Doyle from any claim that the information had been provided or used to deny Hr. Doyle employment because of activities protected under the ERA.
This is to notify you that the NRC has issued a Notice of Violation to Hydro on this date.
The Notice of Violation describes a violation of 10 CFR 50.7, categorized at Severity Level III; Hydro is requested to respond to the letter and document the specific actions taken and additional actions planned
. to prevent recurrence.
While the NRC is not issuing a separate enforcement action against you for this violation, we presume that you have taken steps to ensure that your contractors are not engaging in discriminatory actions.
If additional future violations of this type are identified, the NRC will consider whether escalated enforcement action is appropriate against either Hydro Nuclear or Indiana and Michigan Power Company.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
Indiana and Michigan Power Company You are not required to respond to this letter.
The enclosed letter and Notice of Violation, and any response you provide to 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, Docket Nos. 50-315, 50-316 License Nos.
Enclosure:
As Stated W. L. Axe n,
rector Division of Reactor Projects cc/ encl.:
Hydro Nuclear Services, Inc.
A. A. Blind, Plant Manager James R. Padgett, Michigan Public Service Commission Michigan Department of Public Health
Indiana and Michigan Power Company Ill I It t.'DR LPDR SECY CA
- JMTaylor, EDO JLMilhoan, DEDO JLieberman, OE HMiller, R: III LChandler, OGC JGoldberg, OGC WTRussell, NRR RZimmerman, NRR DCrutchfield, NRR FGillespie, NRR
- EBaker, NRR Enforcement Coordinators RI, RII, RIII, RIV
- JIsom, RI, D. C.
Cook
- EHayden, OPA DWilliams, IG
- GCaputo, OI
- EJordan, AEOD
- DDandois, OC
- DRosano, OE OE Files (2)
NUDOCS State of Michigan