ML17333A555
| ML17333A555 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 07/09/1996 |
| From: | Grant G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Fitzpatrick E AMERICAN ELECTRIC POWER CO., INC. |
| References | |
| EA-96-235, NUDOCS 9609130064 | |
| Download: ML17333A555 (5) | |
Text
CATEGORY j.
REGULAT INFORMATION DISTRIBUTION STEM (RIDS)
I ACCESSION NBR:9609130064 DOC.DATE: 96/07/09 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
'UTHOR AFFILIATION GRANTiG.E.
Region 3 (Post 820201)
RECIP.NAME RECIPIENT AFFILIATION FITZPATRICK,E.
American Electric Power Co., Inc.
SUBJECT:
Requests response to questions re alleged discrimination.
After reviewing response,NRC will determine whether enforcement action necessary to ensure compliance w/
regulatory requirements.
DXSTRXBDTXON CODE:
XE54D COPXES RECEXVED:LTR 1 ENCX 0 SXZE:
TITLE: Region Response to Licensee re Allegations (Publicly Avail)
NOTES:
E RECIPIENT ID CODE/NAME PD3-1 LA HICKMAN,J INTERNA 'ILE CENTE R
S 5SIR EIB EXTERNAL: NOAC COPIES LTTR ENCL RECIPIENT ID CODE/NAME PD3-1 PD NRR/DRPM RGN3 FILE 01 NRC PDR COPIES LTTR ENCL D
U E
N NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE!
CONTACT THE DOCUMENT CONTROL DESK4 ROOM OWFN SD-5(EXT. 415-2083)
TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!
TOTAL NUMBER OF COPIES REQUIRED:
LTTR 9
ENCL
July 9, 1996 EA 96-235 Mr. E.
E. Fitzpatrick Senior Vice President Nuclear Generation American Electric Power Company D.
C.
Cook Nuclear Plant 1 Cook Place
- Bridgman, MI 49106 SUBJECT'LLEGED DISCRIMINATION
Dear Mr. Fitzpatri ck:
On March 5,
- 1996, the U. S.
Department of Labor's Wage and Hour Division in Grand Rapids, Michigan, received a complaint from a former employee of Stanley Smith Security, a contractor at the Donald C.
Cook Nuclear Plant, Units 1 and 2.
The former employee alleged that he was terminated for going to the press and providing information regarding security and restructuring plans to a
television station while performing his duties at the Donald C.
Cook facility.
In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated June 17, 1996, the Area Director of the Wage and Hour Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged in a protected activity within the scope of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaint.
The NRC is concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred and that the actions taken against the former employee may have had a chilling effect on other licensee or contractor personnel.
Accordingly, pursuant to sections
- 161c, 16lo, 182 and 186 of the Atomic Energy Act of 1954, as
- amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes:
Your position regarding whether the actions affecting this individual violated 10 CFR 50.7 (or applicable requirement) and the basis for your
- position, including the results of any investigations you may have conducted to determine whether a violation occurred; and
'P609i30064 960709 PDR ADOCK OS0003iS 8
E.
E. Fitzpatrick July 9, 1996 2.
Actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization
- and, as discussed in NRC Form 3, to the NRC.
We recognize that you may not believe that unlawful discrimination has occurred.
Regardless of your answer to item 1 above, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
Your response should not, to the extent possible, include any personal privacy, proprietary, or safeguards information so that.it can be released to the public and placed in the NRC 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 the matter, the invasion of privacy is unwarranted.
If you request withholding on any other grounds, 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,,
provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).
After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.
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 Public Document Room.
Sincerely,
/s/ J. A. Grobe (for)
Docket Nos.
50-315; 50-316 License Nos.
See attached list Geoffrey E. Grant, Director Division of Reactor Safety I'OCUMENT NAME:
A:COOKCHIL.LTR To receive a copy of this document, indicate in the box 'C
~ Copy w/o attach/encl E
~ Copy w/attach/encl N'
No copy OFFICE NAME DATE Cr kjc 07 96 RI II:DRP RIII:EIC Kro 07/ ri3 /'96 Bur ess 07/
/ 6 OFFICIAL RECORD COPY RI I'S IV Grant
/5
/96
E.
E. Fitzpatrick July 9, 1996 cc:
A. A. Blind, Site Vice President John
- Sampson, Plant Manager James R. Padgett, Michigan Public Service Commission Michigan Department of Public Health
E.
E. Fitzpatrick July 9, 1996 ators D.C.
Cook Distributi PUBLIC I
+Calf'ECY CA
- JTaylor, EDO
- GCaputo, OI
- EJordan, AEOD OE:ES OE:EA(2)
GGrant, RIII Docket File State of Hichigan RAO:RIII SLO:RIII DRP:RIII DRS:RIII PAO:RIII IMS:RIII