ML17347A965
| ML17347A965 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 02/06/1989 |
| From: | Ernst M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Conway W FLORIDA POWER & LIGHT CO. |
| References | |
| NUDOCS 8902150403 | |
| Download: ML17347A965 (5) | |
Text
REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR: 8902150403 DOC. DATE: 89/02/06 NOTARIZED: NO FACIL:50-250 Turkey Point Plant, Unit 3, Florida Power and Light 50-251 Turkey Point Plant, Unit 4, Florida Power and Light, AUTH.NAME AUTHOR AFFXLXATION ERNST,M.L.
Region 2, Ofc of the Director RECIP.NAME RECIPIENT AFFILIATXON CONWAY,W.F.
Florida Power
& Light Co.
SUBJECT:
Recpxests response to concern re possible violation of employee protection provisions in 10CFR50.7.
1 DISTRIBUTION CODE:
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TITLE: Region Response to Licensee re Allegati ns (Publicly Avax NOTES:
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05000251 RECIPIENT ID CODE/NAME PD2-2 LA EDISON,G INTERNA N~RXDY E '2 RGN2 FILE 01 EXTERNAL: LPDR NSIC COPIES LTTR ENCL 1
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1 NVZE 'IO ALL "RIDS" RECIPIEFIS'LEASE HELP US 'IO REDUCE KATE!
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TOTAL NUMBER OF COPIES REQUIRED:
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Docket Nos. 50-250, 50-251 License Nos.
DPR-31, DPR-41 Florida Power and Light Company
~ATTN:
Mr.
W.
F.
Conway Senior Vice President
- Nuclear P. 0.
Box 14000 Juno
- Beach, FL 33408-0420 Gentlemen:
In December
- 1988, the U.S.
Department of Labor's Wage and Hour Division in Washington, O.C.,
received a complaint from Mr. Thomas J.
Saporito, Jr.,
a former employee of Florida Power and Light Company at the Turkey Point Nuclear Plant.
The former employee alleged that he was terminated from his employment for reporting nuclear safety concerns to the United Stated Nuclear Regulatory Commission while performing his duties at the Turkey Point Nuclear Plant.
In response to that complaint the Wage and Hour Division conducted an investigation, and in the enclosed letter dated January 10,
- 1989, 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 ambit 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 employee may have had a chilling effect on other licensee or contractor person-nel.
Therefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:
1.
Provides the basis for the employment action regarding the former employee and includes a copy of any investigation reports you have regarding the circumstances of the action; and 2.
Describes the actions, if any, taken or planned to assure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.
After reviewing your
- response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory require-ments.
In accordance with Section 2.790 of the NRC's "Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room.
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Florida Power and Light Company 2
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The response requested by this letter is 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,
~I+ I~qq V'9>~I< '/
r Malcolm L. Ernst Acting Regional Administrator
Enclosure:
DOL letter to FPSL, dated 1/10/89 c w/encl:
J.
S.
Odom, Vice President Turkey Point Nuclear Plant VJ.
E. Cross, Plant Manager Turkey Point Nuclear Plant JL.
M. Bladow, Plant gA Superintendent JJ. Arias, Jr., Regulatory and Compli.ance Supervisor State of Florida bcc w/encl;
> G.
E. Edison, Project Manager, Project Directorate II-2, Division of Reactor
- Projects, NRR
~NRC Resident Inspector DRS Technical Assistant W. Thompson, DEDO A. Lieberman, OE A.. Chandler, OGC g.
- Varga, NRR z v,"
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U.S. Department of Labor Emptoyment Standards Administration Wage and Hour Division 1150 S.W. Pirat Street, Room 202 Miami, Plorida 33130 (305) 536 5767 Dg r C
January 10, 1989 Florida Power
& Light Company Turkey Point Nuclear Plant P.O.
Box 02910 Homestead, Florida 33102 JAN 11 198S zac'~
Attention: Mr. John S.
Odom Site Vice President This letter is to notify you of the results of our compliance action in the matter of a complaint against Florida Power
& Light Company by Mr. Thomas J. Saporito, Jr., alleging violation of the Energy Reorganization Act, Title 42 USC 5851, Section 201(a).
You were advised of this complaint by copy of our letter of December 13, 1988, to Mr. Saporito.
At the outset of this compliance action, we were. advised that Fl'orida Power
& Light was not amenable to a conciliated settlement.
This was conveyed by Mr. James S. Bramnick.
Accordingly, an investigation was conducted.
Investigation disclosed that Mr. Saporito had been more or less continuously engaged in protected activities as such are defined in. the above cited section of the law.
Florida Power
& Light Company was fully aware that Mr. Saporito was so engaged.
Effective on December 22, 1988, Mr. Saporito was fired by competent corporate authority.
The stated reason for termination was acts of insubordination.
lt is the finding of this investigation that, in the fact situation at hand, the alleged acts of insubordination by Mr.
Saporito cannot realistically be divorced from the context of his engagement in protected activiti'es and that Florida Power
& Light company illegally discriminated against him.
Therefore, pursuant to Section 210(a)(2)(B), Florida Power
& Light Company is ordered to abate the violation by taking the following actions:
1.
Reinstate Mr. Thomas J. Saporito, Jr., to his former status together with compensation (including back pay), terms, conditions, and privileges of his employment.
- Further, Florida Power
& Light Company is assessed a
sum equal to the aggregate amount of all costs and expenses (including attorneys'nd expert witness fees) reasonably incurred in connection. with.this action, together with compensatory damages in the amount of
$100,000.
Plorida Power
- a. Light Company Jaunary 10, 1988 2.
Post copies of this letter in conspicuous places in and
~
about the plant/office, including all places where notices to employees are customarily posted and maintain such for a period of 60 consecutive days from the date of posting.
This letter will also notify you that if you wish to appeal the above findings you have a right to a formal hearing on the record.
To exercise this right you must, within five (5) calendar days of receipt of this letter, file your request for a hearing by teleceram to:
The Chief Administrative Law Judge U.S. Department of Labor Suite 700, Vanguard Building llll20th Street, N.W.
Washington, D.C.
20030.
Unless a telegram request is received by the Chief Administrative Law Judge within the five-day period, this notice of determination will become the final order of the Secretary of Labor.
By copy of this letter, I am advising Mr. Saporito of the determination in this case and of the right of either party to a hearing.
A copy of this letter has also been sent to the Chief Administrative Law Judge.
If you decide to request a hearing it will be necessary to send copies of the telegram to Mr. Saporito and to me at the letterhead address.
After I receive the copy of your request, appropriate preparations for the hearing can be made.
If you have any questions do not hesitate to call me.
It should be made clear to all parties that the role of the Department of Labor is not to represent the parties in any hearing.
The Department would be neutral in such a hearing which is simply part of the fact-development
- process, and only allows the parties an opportunity to present evidence. for the record.
If there is a hearing, and Order of the Secretary shall be based upon the record made at said hearing, and shall either provide appropriate relief or deny the complaint.
Sincerely, 4~~
bert H.
hauvin District Director cc.
Chief Administrative Law Judge Mr. Thomas J. Saporito, Jr.
Nuclear Regulatory Agency, Region II Mr. James S.
Bramnick Mr. W. Trent Steele Certified Letter No.
P 827 388 307 2