ML17352A355
| ML17352A355 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/13/1993 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Goldberg J, Meyers B BECHTEL CORP., FLORIDA POWER & LIGHT CO. |
| References | |
| EA-93-199, EA-93-200, NUDOCS 9401040391 | |
| Download: ML17352A355 (43) | |
Text
t)EC l 3 l993 Docket Nos.
50-250, 50-251 License Nos.
DPR-31, DPR-41 EA 93-199 and EA 93-200 Florida Power and Light Company ATTN:
Hr. J.
H. Goldberg President
- Nuclear Division P. 0.
Box 14000 Juno
- Beach, FL 33408-0420 Bechtel Construction Company ATTN:
Mr. B. L. Meyers Senior Vice President 9801 Washingtonian Boulevard Gaithersburg, Maryland 20878-5356 Gentlemen:
SUBJECT:
ENFORCEMENT CONFERENCE
SUMMARY
- TURKEY POINT DOCKET NOS.
50-250 AND 50-251 This letter refers to the enforcement-conference conducted at our request at the NRC Region II offices in Atlanta, on October 5, 1993.
The'urpose of the meeting was to allow Florida Power and Light (FPL) and Bechtel Construction Company to discuss a case of employee discrimination that was filed with the Department of Labor (DOL), on which a decision 'was recently issued by the Secretary of Labor.
This meeting was beneficial and provided a better understanding of the issues and status of current programs.
A list of the attendees and a summary of the presentation are enclosed.
In accordance with Section 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
Should you have any questions concerning this letter, please let us know.
Sincerely, 0 i30;. >') ")
Enclosures:
1.
List of Attendees 2.
Presentation Summary cc w/encls:
(See page 2) 9401040391 931213 PDR ADOCK 05000250 8
PDR Ellis W. Herschoff, Director Division of Reactor Projects C
Florida Power
& Light Company cc w/encls:
D. A. Sager Site Vice President St.
Lucie Nuclear Plant P. 0.
Box 128 Ft. Pierce, FL 34954-0128 T. F. Plunkett Site Vice President P. 0.
Box 029100
- Hiami, FL 33102 L.
W. Pearce Plant General Manager Turkey Point Nuclear Plant P. 0.
Box 029100
- Hiami, FL 33102 T. V. Abatiello Site guality Manager Turkey Point Nuclear Plant P. 0.
Box 029100
- Miami, FL 33102 E. J.
Weinkam Licensing Manager Turkey Point Nuclear Plant P. 0.
Box 029100 Hi ami, FL 33102 R.
E. Grazio, Director Nuclear Licensing P. 0.
Box 14000 Juno
- Beach, FL 33408-0420 G. J.
Boissy Plant General Manager P. 0.
Box 128 Ft. Pierce, FL 34954-0128 Harold F. Reis, Esq.
Newman 5, HoltzInger 1615 L Street, NW Washington, D.
C.
20036 John T. Butler, Esq.
- Steel, Hector and Davis 400 Southeast Financial Center
- Miami, FL 33131-2398 cc w/encls cont'd:
(See page 3)
Florida Power
- 5. Light Company DEC I 3 lyg cc w/encls cont'd:
Bill Passetti Department of Health and Rehabilitative Services 1317 Winewood, Boulevard Tallahassee, FL 32399-0700 Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32304 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, FL 32301 Joaquin Avino County Hanager of Hetro Dade County 111 NW 1st Street, 29th Floor
- Hiami, FL 33128 Jack Shreve Public Counsel Office of the Public Counsel ill West Hadison Avenue, Room 812 Tallahassee, FL 32399-1400 Joe Hyers, Director Division of Emergency Preparedness 2740 Centerview Drive Tallahassee, FL 32399-2100 N
Thomas R.
L. Kindred County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 Charles B. Brinkman Washington Nuclear Operations 12300 Twinbrook Parkway, Suite 3300 Rockville, HD 20852 RII:DRP RII:DRP RII:DRP lhoilyl.
Ital%liI
RSchiO'Landi s HSinkul e 12/(c.'/93 12/+'/93 12/ l>/93 bcc w/encls:
K. Landis, RII J. Norris, NRR L. Raghavan, NRR St. Lucie Resident Inspector Turkey Point Resident Inspector Document Control Room
ENCLOSURE I LIST OF ATTENDEES NRC S.
D. Ebneter, Regional Administrator, Region II (RII)
L. A. Reyes, Deputy Regional Administrator, Region II E.
W. Merschoff, Director, Division of Reactor Projects (DRP), RII H.
N. Berkow, Director, Project Directorate II-2, DRP-I/II, Office of Nuclear Reactor Regulation (NRR)
J.
Gray, Division Director, Office of Enforcement (OE)
M. V. Sinkule, Chief, Reactor Projects Branch 2, DRP, RII K. D. Landis, Chief, Reactor Projects Section 2B, DRP, RII R.
P. Schin, Project Engineer, DRP, RII T.
P. Johnson, Senior Resident Inspector
- Turkey Point, RII L. Raghavan, Project Manager, NRR
- 8. Uryc, Senior Enforcement Specialist, Enforcement and Investigation Coordination Staff, RII R.
P.
- Rosano, Senior Enforcement Specialist, OE C. Mohrwinkel, Enforcement Specialist, Office of General Counsel (OGC)
C.
F.
- Evans, Regional
- Counsel, RII 0.
D. DeMiranda, Senior Allegation C'oordinator, RII, FPL J.
H. Goldberg, President, Nuclear Division, Florida Power and Light (FPL)
J.
E. Geiger, Vice President, Nuclear Assurance, FPL H.
N.
Paduano Jr.,
- Manager, Nuclear Licensing and Special
BECHTEL B. L. Meyers, Senior Vice President, Bechtel Construction Company (Bechtel)
J.
A. Ivany, Project Manager, Bechtel M. Fletcher,
- Counsel, Bechtel
ENCLOSURE 2
AGENDA OCTOBER 5, 1993 10:00 a.m.
I ~
Introduction and Opening Remarks Stewart D. Ebneter Regional Administrator II.
NRC Enforcement Policy and Procedure Bruno Uryc Enforcement Specialist III~
Discussion of Apparent Violations Bruno Uryc IV.
Discussion of Apparent Violations r
Corrective Actions Taken and/or Planned, and discussion of programs in place to prevent recurrence of discrimination FLORIDA POWER AND LIGHT COMPANY /
BECHTEL Representatives V.
NRC Followup Questions NRC Staff Vl.
Closing Remarks Stewart D. Ebneter
ENFORCEMENT CONFERENCE AGENDA OCTOBER 5, 1993 10:00 A.M.
Opening Remarks NRC Opening Remarks J. H. Goldberg, President Nuclear Division Florida Power & Light Co.
Bechtel Presentation Bernie Meyers, Sr. Vice President, Nuclear Operations
'im Ivany, Project Manager, Bechtel FPL Presentation J. E. Geiger, Vice President, Nuclear Assurance Florida Power 8 Light Co.
Closing Remarks J. H. Goldberg/NRC
U
FPL PRESENTATION OCTOBER 5, 'f993 INTRODUCTION NUCLEAR SAFETY SPEAKOUT PROGRAM FPL ACTIONS RELATEDTO CONTRACTOR PERFORMANCE FPL ACTIONS RELATED TO THESE TWO CASES CONCLUSIONS
FPL EMPLOYEE CONCERN PROGRAM INTROD0CTlON
~
~ EVENTS TOOK PLACE IN f987-MORE THAN 5 YEARS AGO UNDER FPL PROGRAMS THATWERE SIGNIFICANTLYDIFFERENT THANTHOSE CURRENTLY IN PLACE SINCE THATTIME FPL ADOPTED SPEAKOUT PROGRAM IN 1990 FPL HAS TAKEN NUMEROUS STEPS IN 1990-93 TO ASSURE THATCONTRACTORS
'NDERSTAND AND EXECUTE THEIR RESPONSIBILITIES COMMUNICATEDFPL EXPECTATIONS TO CONTRACTOR MANAGEMENT INSERTED SEVERAL CONTRACTOR CLAUSES RELATINGTO CONTRACTOR'S
'ECTION 211 OBLIGATIONS INITIATEDCONTRACTOR AUDITS HAVETRAINED CERTAIN CONTRACTOR MANAGER/SUPERVISOR PERSONNEL ON THEIR OBLIGATIONSUNDER SECTION 211
FPL EMPLOYEE CONCERN PROGRAM NUCLEAR SAFETY SPEAKOUT STARTED IN JANUARY1990 NUCLEAR DIVISIONPOLICY STATEMENTISSUED BY PRESIDENT, NUCLEAR DIVISION.
"THE OBJECTIVE OF THE NUCLEAR SAFETY SPEAKOUT PROGRAM IS TO IMPROVE THE QUALITYOF THE NUCLEAR SITES BY PROVIDING EVERY EMPLOYEE WITH AN OPPORTUNITY TO EXPRESS CONCERNS RELATED TO NUCLEAR SAFETY OR QUALITY OF ANYNUCLEAR ACTIVITYOR INSTALLATIONWITHOUTFEAR OF HARASSMENT, INTIMIDATIONOR RETALIATION. THESE CONCERNS WILLBE PROMPTLY INVESTIGATED AND FEEDBACK WILLBE PROVIDED TO THE ORIGINATOR."
CURRENTLY 2 PEOPLE EACH AT ST. LUCIE AND JUNO BEACH, AND 3 AT.TURKEY POINT.
MANAGER IS ATJUNO BEACH. A TOTALOF 7 PEOPLE.
KEY FEATURE FPL EMPLOYEE CONCERN PROGRAM NUCLEAR SAFETY SPEAKOUT
~
APPLIES TO ALLNUCLEAR DIVISION EMPLOYEES AND CONTRACTORS.
~
CONFIDENTIALITYIS A CORNERSTONE PRINCIPLE.
~
EMPLOYEES ARE ENCOURAGED TO SHARE SAFETY CONCERNS WITHTHEIR SUPERVISOR; EMPLOYEES NOT WISHING TO DO SO SHOULD GO TO SPEAKOUT AND/OR NRC.
~
ALLCONCERNS ARE INVESTIGATEDAND CONCERNEES RECEIVE A RESPONSE.
AWARENESS 8t PROMOTION' GENERAL EMPLOYEE TRAINING(GET FOR UNESCORTED ACCESS)
~
NUCLEAR POLICY STATEMENT
~
MEETINGS WITH EMPLOYEES
~
TO THE POINT 5 POWER LINE
~
FPL TV NEWS
~
SPEAKOUT VIDEO TAPES
~
POSTERS, PAMPHLETS, BROCHURES
~
DURING OUTAGES, SPEAKOUT HOURS ARE CHANGED TO ACCOMMODATE PLANTSCHEDULES
FPL EMPLOYEE CONCERN PROGRAM NUCLEAR SAFETY SPEAKOUT PROCESS' CONCERNS CAN BE RECEIVED THROUGH EXITINTERVIEWS, WALK-INS,TELEPHONE; OR MAIL
~
PHONE VIA800 LINE
~
MAILVIAPROVIDED STAMPED ENVELOPE
~
ALLEMPLOYEES EXITINGTHE NUCLEAR DIVISIONARE DIRECTED THROUGH SPEAKOUT
~
EMPLOYEE SEES VIDEO TAPE
~
PRIVATE INTERVIEW
~
" CLASSIFICATION& ASSIGNMENT OF CONCERN
~
INVESTIGATION
- CLASS 1~ INVESTIGATEDBY SPEAKOUT PERSONNEL~ REVIEWED BY SPEAKOUT REVIEW COMMITTEE
" OTHER ~ ASSIGNED TO APPROPRIATE DEPARTMENTS FOR INVESTIGATION
~
RESPONSE LETTER TO CONCERNEE (WHEN KNOWN) FROM SPEAKOUT
~
ALLCONCERNS PROCESSED BY IDENTIFICATIONNUMBER; CONFIDENTIALITYENFORCED ON RIGOROUS "NEED-TO-KNOW"BASIS
II
FPL EMPLOYEE CONCERN PROGRAM NUCLEAR SAFETY, SPEAKOUT STATISTICS AS OF 9/30/93 SPEAKOUT HAS RECEIVED A TOTALOF 1804 CONGE RNS OF WHICH 285 HAVEBEEN CATEGORIZED AS NUCLEAR SAFETY SIGNIFICANT. OF THE 1804 RECEIVED, 1755 ARE COMPLETED AND 49 ARE STILLOPEN. THE DATATABLEBELOW INCLUDES ONLYTHOSE CONCERNS THATARE CLOSED.
NUCLEAR SAFETYI INDUSTRIAL aUALrrY MANAGEMENT SAFETY SECURITY MISCELLANEOUS SITE TOTAL CLASS 1 CLASS 2 'LASS 3 CLASS 4 CLASS 5 CONCERNS RECEIVED SUBSTANTIATED TOTAL PTN PSL JB TOTAL PTN PSL JB 1755 1183 504 68 669 (38%)
425 227 17
,274 163 100 11 134 (49%)
76 56 2
183 92 67 24 49 (27%)
23 21 5
- 405, 296 108 1
156 (39%)
101 55 0
89 48 25 16 24 (27%)
13 4
7 804 584 204 16 306 (38%)
212 91 3
FPL EMPLOYEE CONCERN PROGRAM NUCLEAR SAFETY SPEAKOUT JB SITE FPL 31 TOTAL CONTRACTORS ANONYMOUS NRC OTHER TOTAL 69 PSL TOTAL 124 270 721 1011 72 152 99 1203 1804
~
TOTALCONCERNS (1804) ARE DISTRIBUTED AS FOLLOWS:
28% -'FPL 56% " CONTRACTOR 16%" ALLOTHERS
~
BECHTEL CONCERNS:
25% OF ALLCONCERNS RECEIVED BY SPEAKOUT 37% OF ALLCONCERNS RECEIVED AT PTN 61% OF CONTRACTOR CONCERNS RECEIVED AT PTN
FPL EMPLOYEE CONCERN PROGRAM INDEPENDENT ASSESSMENTS CONSULTANTEVALUATION(MAY1992)
~
DESIGNED TO ASSESS FPL EMPLOYEES'WARENESS OF SPEAKOUT ANDTHEIR PERCEPTIONS OF HOW ITWORKS.
~
A SAMPLE OF EMPLOYEES WERE INTERVIEWED(APPROXIMATELY1/3 FROM EACH LOCATION).
~
100% OF RESPONDENTS INDICATEDAWARENESS OF PROGRAM.
~
95% OF RESPONDENTS INDICATEDTHATTHEYWOULD GO TO THEIR SUPERVISOR IF THEY HAD A CONCERN.
~
82% OF RESPONDENTS INDICATEDTHEY WOULD USE SPEAKOUT IF THEY HAD A NUCLEAR SAFETY CONCERN (AN ADDITIONAL10% SAID THEY MIGHT).
NRC INSPECTION'OF SPEAKOUT ATTURKEY POINT (JUNE 1990)
~
SIX FAVORABLENRC CONCLUSIONS REGARDING SPEAKOUT AN EFFECTIVE PROGRAM FOR IDENTIFYINGAND RESOLVING EMPLOYEE CONCERNS STRONG FPL MANAGEMENTSUPPORT AND DEDICATED,TRAINED PERSONNEL
~ -
IDENTITYOF CONCERNED INDIVIDUALSIS APPROPRIATELY PROTECTED CONCERNS ARE EFFECTIVELY RECEIVED, PROCESSED AND TRACKED EXCELLENTCOORDINATIONWITH NRC ALLEGATIONSREGARDING SPEAKOUT NOT SUBSTANTIATED
~
NRC OBSERVATIONS REGARDING PREVIOUS EMPLOYEE CONCERNS REPORTING SYSTEM (ECRS) (PRE-1990) ARE ADEQUATELYADDRESSED IN SPEAKOUT PROGRAM
n
FPL EMPLOYEE CONCERN PROGRAM INDEPENDENT ASSESSMENTS (CONTINVED)
NRC INSPECTION ATTURKEY POINT ANDJUNO BEACH (OCTOBER 1991)
~
OBJECTIVE OF NRC TEAM INSPECTION WAS TO DETERMINE IF THERE EXISTED ANYUNSAFE ENGINEERING PRACTICES OR OPERATING CONDITIONS ASSOCIATED WITH 13 ALLEGATIONS BY A FORMER FPL EMPLOYEE OR IF PERSONNEL PRACTICES RESULTED IN A CHILLING EFFECT WITH REGARD TO PURSUING A SAFETY ISSUE.
~
NRC CONCLUSIONS:
NO EVIDENCE FOUND TO SUBSTANTIATETHE ALLEGATIONSOF AN OVERALL ATMOSPHERE OF INTIMIDATION,THREATS, COERCION, HARASSMENT OR NEGATIVEEVALUATIONSTO LIMITTHE PURSUIT OF SAFETY ISSUES.
NO UNRESOLVED SAFETY ISSUES WERE IDENTIFIEDBY THE NRC TEAM.
NRC TEMPORARY INSTRUCTION (Tl) ON EMPLOYEE CONCERN PROGRAMS FPL EVALUATIONUSING THE Tl CONFIRMS OUR JUDGMENT THATNSS IS AN EFFECTIVE PROGRAM
FPL EMPLOYEE CONCERN PROGRAM FPL ACTIONS RELATINGTO CONTRACTOR PERFORMANCE
~
COMMUNICATIONOF FPL EXPECTATIONS TO CONTRACTOR MANAGEMENT DISCUSSIONS AT SENIOR MANAGEMENTLEVEL MEETINGS ATSITE MANAGEMENTL'EVEL
~
ADDITIONOF CLAUSES IN CONTRACTS AND PURCHASE ORDERS SPEAKOUT CLAUSE (APRIL 1990)
SECTION 211 SETT'LEMENT CLAUSE (FEBRUARY 1991)
NOT)FICATIONAND AUDITCLAUSE (MARCH 1993)
~
TRAININGAND COMMUNICATIONWITH CONTRACTOR EMPLOYEES GET MODIFIEDTO INCLUDESPEAKOUT (APRIL 1990)
PERIODIC MEETINGS OR REMINDERS
~
AUDITS OF MAJOR CONTRACTORS CATALYTIC,EPM & W COMPLETED OTHERS (INCLUDINGBECHTEL) ARE SCHEDULED
, ~
TRAININGOF CONTRACTOR MANAGER/SUPERVISOR PERSONNEL WILLASSURE THATTRAININGOF ON-SITE MANAGER/SUPERVISOR PERSONNEL ON THEIR OBLIGATIONSUNDER SECTION 211 IS CONDUCTED 10
FPL EMPLOYEE CONCERN PROGRAM FPL'S ACTIONS REGARDING TWO BECHTEL CASES
~
FPL WAS AWARE OF THE 2 CASES ANDTHE ALJ DECISIONS
~
BASED ON FPL REVIEW OF THE SITUATION, PLUS THE RESULTS OF THE 1987 NRC INSPECTION, ITWAS DETERMINEDTHATNO ADDITIONALACTIONS WERE NECESSARY
~
IN OCTOBER 1992, SECRETARY OF LABOR REVERSED FAVORABLEALJ DECISION IN NICHOLS CASE FPL FOUND NO REASON TO TAKEANYACTION ON NICHOLS'LLEGATIONSOF SAFETY CONCERNS OR DISCRIMINATORYACTIONS REVIEWED CASE WITH BECHTEL AND DETERMINEDTHATBECHTEL HAD HELD MEETINGS WITH ITS SUPERVISORS AND MANAGERS'NDHAD ISSUED MEMORANDUM TO MANAGERS, SUPERVISORS, AND EMPLOYEES REGARDING EMPLOYEE CONCERNS NO CURRENT FPL SUPERVISORY/MANAGERIALEMPLOYEE HAD BEEN INVOLVED INSTRUCTED BECHTEL TO INFORM FPL OF ANYOTHER SECTION 211 CLAIMSFILED WITH DOL WROTE TO ALLCONTRACTORS REMINDINGTHEM OF THEIR OBLIGATIONSUNDER SECTION 211 AND INSTRUCTING THEM TO INFORM FPL OF ANYSECTION 211 CLAIMS REQUIRED LARGE CONTRACTORS TO PROVIDE TO FPL A DESCRIPTION OF THEIR PROGRAMS FOR COMPLIANCEWITHSECTION 211, AND INITIATEDPERIODIC AUDITS TO VERIFYCONTRACTOR COMPLIANCEWITH SUCH PROGRAMS
FPL EMPLOYEE CONCERN PROGRAM FPL'S ACTIONS REGARDING TWO BECHTEL CASES (CONTINUED)
IMPROVED ITS CONTRACTOR-RELATED PROGRAM BY INSERTING NOTIFICATION-AUDIT CLAUSE IN CONTRACTS IN VIEW OF PREVIOUS ADOPTION OF SPEAKOUT PROGRAM, FOUND NO REASON TO TAKEANYOTHER PROGRAMMATICACTION
~
IN JULY 1993, SECRETARY OF LABOR REVERSED FAVORABLEALJ DECISION IN PILLOWCASE FPL REVIEWED CASE AGAINTO ASSURE NO ACTIONS WERE NEEDED ON PILLOW'S
=
ALLEGATIONS DETERMINED.THAT PILLOW.ANDNICHOLS CASES APPEARED TO BE ISOLATED EVENTS NO CURRENT FPL SUPERVISORY/MANAGERIALEMPLOYEE HAD BEEN INVOLVED ASCERTAINED THATBECHTEL HAD ASSURED THATALLSUPERVISORY/MANAGERIAL PERSONNEL WERE AWARE OF THEIR SECTION 211 RESPONSIBILITIES, ENCOURAGED EMPLOYEES TO RAISE SAFETY CONCERNSAND WERE PROPERLY EXECUTING THEIR RESPONSIBILITIES INDEPENDENTLYREVIEWED THE PERFORMANCE OF BECHTEL SUPERVISORY/
MANAGERIALPERSONNEL INVOLVEDIN THE 2 CASES STILLEMPLOYED ATTURKEY POINT TO DETERMINETHATNO PROBLEMS OF DISCRIMINATIONHAD OCCURRED ASCERTAINED SUCH PERSONNEL HAD RECEIVED FPL TRAININGON SECTION 211 IN 1991 FOUND NO REASON TO TAKEANYADDITIONALPROGRAMMATICACTION 12
FPL EMPLOYEE CONCERN PROGRAM FPL'S ACTIONS REGARDING TWO BECHTEL CASES (CONTINUED)
~
REGARDLESS OF EVENTUALOUTCOME OF APPEAL OF THESE TWO'CASES; FPL IS CONVINCED THAT FPL ACTED REASONABLYUNDER THE CIRCUMSTANCES OF EACH CASE NO FPL ACTION IS NEEDED REGARDING INDIVIDUALSINVOLVEDIN THOSE CASES NO ADDITIONALFPL ACTION IS NEEDED REGARDING THE CONTRACTOR FPL HAS SIGNIFICANTLYIMPROVED ITS PROGRAMS TO PREVENT DISCRIMINATORYACTiONS BY CONTRACTORS (WHETHER OR NOT ANYTOOK PLACE IN THESE CASES)
TO ASSURE THATCONTRACTOR EMPLOYEES ARE AWARETHEY ARE FREE TO RAISE CONCERNS WITHOUTFEAR OF RETALIATION TO ASSURE THATCONTRACTOR SUPERVISORS AND MANAGERS UNDERSTAND AND EXECUTE THEIR RESPONSIBILITIES
'TO PROVIDE TIMELYNOTIFICATIONBY CONTRACTORS TO FPL OF ANYCLAIM SO THATFPL CAN ACT, IF NECESSARY
.13
CONCLUSIONS
~
FPL HAS A STRONG, EFFECTIVE EMPLOYEE CONCERN PROGRAM IN PLACE
~
FPL HAS TAKENA NUMBER OF ACTIONS TO ASSURE THATITS CONTRACTORS FULFILL THEIR OBLIGATIONSUNDER SECTION 211
~
- THE SPECIFIC ISSUES IN THE PILLOWAND NICHOLS CASES HAVE BEEN CAREFULLY EVALUATED,AND NO ADDITIONALACTIONS ARE NECESSARY 14
ENFORCEMENT CONFERENCE AGENDA OCTOBER 5, 1993 10:00 A.M.
Opening Remarks NRC Opening Remarks J. H. Goldberg, President Nuclear Division Florida Power & Light Co.
Bechtel Presentation B'ernie Meyers, Sr. Vice President, Nuclear Operations Jim Ivany, Project Manager, Bechtel FPL Presentation J. E. Geiger, Vice President, Nuclear Assurance Florida Power & Light Co.
Closing Remarks J. H. Goldberg/NRC
BECHTEL PRESENTATION OCTOBER 6, 1993 INTRODUCTION PURPOSE -
TO DISCUSS TWO ERA SECTION 210/21'I GASES FILED IN 1987 AT FPL'S TURKEY POINT JOBSITE (NICHOLS, PILLOW)
PARTICIPANTS -
BERNIE MEYERS (SR VP NUCLEAR OPERATIONS), JIM IVANY (PROJECT MANAGER), MIKE FLETCHER {LEGAL)
BEGHTEL'S CORPORATE CULTURE RELATINGTO OPEN COMMUNICATIONS BEGHTEL'S POLICIES AND PROGRAMS RELATING TO OPEN COMMUNICATIONS BECHTEL'S ROLE AT TURKEY POINT CASE PARTICULARS ACTIONS TAKEN BY BEGHTEL - 1987 TO 1993 EMPLOYMENTSTATUS OF RESPONSIBLE BEGHTEL SUPERVISORS CONCLUSIONS/QUESTIONS
BEGHTEL CORPORATE CULTURE EXAMPLES OF PROGRAMS - EMPLOYEE RIGHTS AND SUPERVISOR RESPONSIBILITIES BECHTEL 2001: ENHANCING LEADERSHIP EFFECTIVENESS A CORE PRtNCIPLE OF THE BECHTEL GROUP IS THE CREATtON OF A WORK ENVIRONMENT, SUPPORTED BY LEADERSHIP, THAT FOSTERS OPENNESS, TRUST, COMMUNICATION,TEAMWORK, EMPOWERMENT, INNOVATlON,AND SATtSFACTION.
BECHTEL POLICY 303'REEDOM OF EXPRESStON AND APPEAL ALLEMPLOYEES HAVETHE OPPORTUNITY TO SEEK INFORMATION,ADVICE, OR ASSISTANCE FROM MANAGEMENTOR THEIR PERSONNEL REPRESENTATIVE AND TO COMMUNICATEFREELY REGARDING ALLMATTERS RELATING TO WORK WITHOUT FEAR OF CENSURE OR REPRISAL I.
BECHTEL POLICY 304'NTI-HARASSMENT POLICY BECHTEL IS COMMITTEDTO MAINTAININGA WORK ENVIRONMENTFREE OF UNULWFUL DISCRIMINATIONAND HARASSMENT BECAUSE OF ANY PROTECTED STATUS. BECHTEL WILLNOT TOLERATE UNLAWFULDISCRIMINATIONOR HARASSMENT BY ANYONE, NOR WILLtT ALLOWTHE CREATION OF AN INTIMIDATING,HOSTILE, OR OFFENSIVE WORK ENVIRONMENT. VIOLATIONOF THIS POLICY IS GROUNDS FOR DISCHARGE.
BECHTEL SAFETY AND HEALTH PROGRAMS:
BECHTEL IS DEDICATEDTO SAFETY EXCELLENCE. ALLEMPLOYEES ARE TOLD THAT BECHTEL EXPECTS THEM TO REPORT ALL.UNSAFEACTS OR CONDITIONS. SUPERVISORS DOWN TO THE LEVELOF FOREMAN AND GENERAL FOREMAN MUST ENSURE THATTHEIR EMPLOYEES HAVETHE OPPORTUNITY TO FREELY ASK QUESTIONS REGARDING SAFETY ISSUES NUCLEAR OPERATIONS SITE MANAGER SEMINAR:
SPECIFICALLYADDRESSES EMPLOYEE RIGHTS UNDER ERA 5 211 BASIC SUPERVISORY TRAINING {BSTP):
SPECIFICALLYADDRESSES RESPONSES TO EMPLOYEE CONCERNS AND PROTECTED EMPLOYEE RIGHTS
BECHTEL'8 ROLE AT TURKEY POINT ORIGINALCONTRACTOR ATTURKEY POINT RESPONSIBLE FOR DESIGN, CONSTRUCTION, AND STARTUP.
ONSITE SINCE THE 1960'S - MANAGINGUNION CRAFT LABOR ON A CONTINUOUS BASIS SINCE ORIGINALCONSTRUCTION
~
MAJOR TASK IMPLEMENTATION(SGR AND DUALUNIT OUTAGE)
~
CONTINUOUS SUPPLEMENTAL PLANT MAINTENANCEAND NEW PLANT MODIFICATIONS WORKER AND OPERATIONAL SAFETY
~
EXEMPLARYOVERALLRECORD THROUGHOUT THE YEARS AT TURKEY POINT
~
15 MILLIONMANHOURS WORKED SINCE COMMERCIALOPE RATION ATTURKEY POINT
~
3.7 MILLIONMANHOURS (1988-1990) WITHOUT LOST-TIME INJURY OR ILLNESS P
SINCE THE ERA WAS ENACTED IN 1974 ONLY 2 ERA 5 210 CHARGES FILED AGAINST BECHTEL AT TURKEY POINT.-
NICHOLS WAS A CARPENTER EMPLOYED BY BECHTEL AT TURKEY POINT DURING THE SPRING 1987 REFUELING OUTAGE.
NICHOLS RAISED A QUESTION ABOUTTOOL INSPECTION LOCATIONS WHILE EMPLOYED. HE WAS LAIDOFF, ELIGIBLE FOR REHIRE, ONE MONTH LATER (APRIL 30, 1987).
NICHOLS FILED A COMPLAINTWITH THE DEPARTMENT OF LABOR AFTER HIS LAYOFF ALLEGING HE WAS CHOSEN BECAUSE OF HIS QUESTION ABOUTTOOL INSPECTION.
ADMINISTRATIVELAWJUDGE ISSUED A RECOMMENDED DECISION AND ORDER IN OCTOBER 1988 DISMISSING NICHOLS'OMPLAINT.
FROM OCTOBER 1988 TO OCTOBER 1992 ALJ'S FINDING OF NO DISCRIMINATIONREMAINED IN EFFECT.
THE ALJ'S RECOMMENDED DECISION AND ORDER WAS REVERSED IN OCTOBER 1992 AND REMANDED FOR FURTHER ACTION.
ON REMANDTHE ADMINISTRATIVELAWJUDGE AWARDED NICHOLS $3,227 IN BACKPAYHOLDING HE WOULD HAVE BEEN LAIDOFF ONE MONTH LATER REGARDLESS OF THE MERITS OF HIS CASE. THE ALJ'S DECISION ON REMAND IS CURRENTLY PENDING BEFORE THE SECRETARY OF LABOR.
BECHTEL PLANS TO APPEAL THE SECRETARY'S RULING TO THE 11TH CIRCUIT AS SOON AS IT IS FINAL
PlLLOW PILLOW WAS A LABORER EMPLOYED BY BECHTEL AT TURKEY POINT DURING THE SPRING 1987 REFUELING OUTAGE.
PILLOW RAISED A QUESTION ABOUT ELECTRICALCONDUIT DECONTAMINATIONLEVELS AND RWP REQUIREMENTS. ABOUT ONE MONTH LATER HE WAS LAIDOFF, ELIGIBLEFOR REHIRE (MAY15, 1987)
AFTER PILLOW'S LAYOFF, BECHTEL WAS NOTIFIED HE HAD FILED A COMPLAINTWITHTHE DEPARTMENT OF LABOR ALLEGING HE WAS LAIDOFF BECAUSE OF HIS QUESTION ABOUT CONDUIT DECONTAMINATION.
NRC CONDUCTED AN UNANNOUNCED INSPECTION RELATED TO SAFETY ALLEGATIONSAND CONCLUDED THATALLEGATIONSWERE UNSUBSTANTIATEDIN MAY, 1987.
4 ADMINISTRATIVELAWJUDGE ISSUED A RECOMMENDED DECISION AND ORDER IN OCTOBER 1988 DISMISSING PILLOW'S COMPLAINT.
FROM OCTOBER 1988 TO JULY 1993. THE ALJ'S FINDING OF NO DISCRIMINATIONREMAINED IN EFFECT.
THE ALJ'S RECOMMENDED DECISION AND ORDER WAS REVERSED IN JULY 1993'AND REMANDED FOR FURTHER ACTION.
THE HEARING ON REMAND IS SCHEDULED FOR NOVEMBER 9, 1993.
BECHTEL PLANS TO APPEAL THE SECRETARY'S RULING TO THE 11TH CIRCUIT AS SOON AS IT IS FINAL
Bechtel Construction Company Craft Manpower Levels at Turkey Point j,200 Nichols and Pillow laid off during f,000
-this Reduct on In-I=orce (RIF) 800 600 400 200 0
8 9
84I 85 I
86 I.87 I
88 I
89 I
90 I
91 I
92 I 93
Bechtel Construction Company Carpenter Levels at Turkey Point 100 80 60 0 - Nlchols hired 8/31/84 2 - Nichols RIF'd 6/17/85 (eligible for rehire) 3.-. Nichols. rehired-8/5/85..
4 - Nichols RIF'd 4/30/87 (eligible for rehire) 5 - Nichols'rew RIF'd 5/29/87 20 0
8 84l 85 l
86 l
87 l
88 l
89 l
90 l
Bi l
92 Q3
Bechtel Construction Company Laborer Levels at Turkey Point
'00 t50 100 1-Pillow hired 9/20/84 2-Pillow I-/IF'd 6/5/85 (eligible for '<ehire) 3-pillow hired 1/6/86
-Pillow quit '1/8/86
. (eligible for-rehire) 5-Pillow hired 4/6/87 (eligible for rehire) 6-Pillow RIF'd 5/15/87 5
Q4 50 0~
8 84l 85 l
86 l
87 l
88 l
89 l
90 l
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BEGHTEL ACTIONS SUBSEQUENT TO NIGHOLS AND PILLOW COMPLAINTS 0 987/1 988 TIMEFRAME BECHTEL CONDUCTED AN INTERNALINVESTIGATIONOF EACH CASE TO DETERMINE IF ITS SUPERVISORS ACTED APPROPRIATELY IN CHOOSING NICHOLS AND PILLOW FOR LAYOFF BECHTEL RETAINED OUTSIDE COUNSEL TO PERFORM AN INDEPENDENT INVESTIGATIONINCLUDING AN ASSESSMENT OF SUPERVISOR CONDUCT AND AWARENESS OF EMPLOYEE RIGHTS BASED ON TWO INVESTIGATIONSAND THE ALJ RULINGS BECHTEL WAS CONVINCED ITS SUPERVISORS HAD ACTED PROPERLY IN THE PERFORMANCE OF THEIR DUTIES; AND
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THERE WAS NO EVIDENCE THEIR EMPLOYEES WERE RELUCTANTTO RAISE SAFETY CONCERNS
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THERE WAS NO REASON TO TAKE SPECIFIC ACTION AGAINSTITS SUPERVISORS BECAUSE OF THE COMPLAINTS TO ENSURE THERE WAS NO ADVERSE IMPACT FROM THE COMPLAINTS AND SUBSEQUENT INVESTIGATIONSBECHTEL HELD MEETINGS WITH ALLSUPERVISORS (MANUALAND NON-MANUAL)
'O REMIND THEM OF THEIR OBLIGATIONTO EMPLOYEES AND SPECIFICALLYTO ENSURE THAT:
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SUPERVISORS WERE AWARE OF BECHTEL POLICIES PROHIBITING DISCRIMINATIONAGAINST EMPLOYEES
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SUPERVISORS WERE AWARE OF THEIR RESPONSIBILITY TO ENSURE THAT EMPLOYEES UNDER THEIR SUPERVISION WERE ENCOURAGED TO RAISE SAFETY CONCERNS WITHOUT FEAR OF RETALIATION
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SUPERVISORS WERE IN FULL COMPLIANCE WITHTHESE REQUIREMENTS BECHTEL PROJECT SUPERINTENDENT, BOB SLOVER, ISSUED A MEMORANDUMTO ALLEMPLOYEES (MANUALAND NON-MANUAL)REMINDINGTHEM OF THEIR RIGHTS TO RAISE SAFETY CONCERNS WITHOUT FEAR OF RETALIATIONOR DISCRIMINATION.
ADDITIONALBECHTEL ACTIONS 1988 TO PRESENT JANUARY20, 1989 - PROJECT SUPERINTENDENT ISSUED MEMO TO ALLEMPLOYEES WHICH:
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DESCRIBED THE EMPLOYEE CONCERNS REPORTING SYSTEM
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IDENTIFIEDTHE APPROPRIATE PLANT PROCEDURE (ADM-002) WHICH PROVIDE DIRECTION AND GUIDANCE ON HOW EMPLOYEES CAN GET CONCERNS, INCLUDINGSAFETY CONCERNS, ADDRESSED WITHOUT FEAR OF RETRIBUTION
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URGED EMPLOYEES TO AIR CONCERNS NOVEMBER 28, 1990- PROJECT SUPERINTENDENT ISSUED A MEMO TO ALLEMPLOYEES WHICH:
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ENSURES THAT EVERY EMPLOYEE UNDERSTANDS BECHTEL'S POLICY OF ENCOURAGING SAFEfY CONCERNS TO BE EXPRESSED WITHOUT FEAR OR REPRISAL
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DESCRIBES THE MECHANISMSTO BE USED TO EXPRESS SAFETY CONCERNS WITHOUT FEAR OF REPRISAL NOVEMBER 28, 1990- PROJECT SUPERINTENDENT ISSUED A MEMO TO ALLSUPERVISORS WHICH:
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REINFORCED BECHTEL'S POLICY REGARDING EMPLOYEE RIGHTS TO EXPRESS CONCERNS WITHOUTFEAR OF REPRISAL
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IDENTIFIES THE SUPERVISORY RESPONSIBILITIES FOR RESOLVING EMPLOYEE CONCERNS
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ADVISES THAT HARASSMENT, INTIMIDATION,OR ANYTYPE OF RETALIATIONAGAINST EMPLOYEES WHO RAISE CONCERNS WILLNOT BE TOLERATED THE 11/28/90 MEMOS WERE THEREAFTER INCLUDED IN HIRE-IN PACKAGES FOR EMPLOYEES AND SUPERVISORS IN NOVEMBER, 1991, BECHTEL MANAGERS, SUPERVISORS, GENERAL FOREMAN, FOREMAN, AND KEY CRAFTSMEN PARTICIPATED IN FPL TRAINING IN "HANDLINGEMPLOYEE CONCERNS/COMPLAINTS"
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INCLUDEDWERE THE INDIVIDUALSWHO WERE INVOLVEDIN THE NICHOLS AND PILLOW CASES 10
ADDITIONALBECHTEL PROGRAMS CURRENTLY IN PLACE AT TURKEY POINT CONTRACTUALAGREEMENTS GENERAL PROVISIONS REGARDING NON-DISCRIMINATION/COMPLIANCEWITH LAW
~. REQUIRES COMPLIANCEWITH FPL NUCLEAR SPEAKOUT PROGRAM
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REQUIRES REPORTING OF ALL5 21 0 CLAIMS
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NO SHTLEMENTAGREEMENTS WHICH IMPEDE EMPLOYEE ACCESS TO THE NRC
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Bl-WEEKLYLABOR RELATIONS REPORTS TO FPL
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REAFFIRMATIONOF BECHTEL SECTION 211 COMMITMENTS IN LETTER TO FPL (3/26/93)
PROJECT MANAGER MANUAL/SITEMANAGERS MANUAL
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PROVIDES GUIDANCEAND INFORMATIONREGARDING NON-DISCRIMINATION,FREEDOM OF EXPRESSION AND APPEAL, SAFETY, AND HOW TO HANDLEGRIEVANCES LABOR RELATIONS ACTION PLAN
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PROVIDES DIRECTION ON HOW TO INVESTIGATECRAFT GRIEVANCES
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ALSO ADDRESSES JOBSITE WORKRULES'EO/AA REQUIREMENTS & HANDLINGOF COMPLAINTS; JOB SAFETY & HEALTH PROTECTION; OSHA REQUIREMENTS, COMPLAINTS &
POSTINGS; HOW TO HANDLENLRB CHARGES; ANDTERMINATIONPROCEDURES BECHTEL PERSONNEL POLICIES MANUAL CONTAINS POLICY 303-FREEDOM OF EXPRESSION AND APPEAL
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CONTAINS EEO/AA POLICIES WHICH RELATE TO BECHTEL'S OVERALLPOLICY OF NON-DISCRIMINATION
ADDITIONALBECHTEL/FPL PROGRAMS CURRENTLY IN PLACE AT TURKEY POINT FPL NUCLEAR SAFETY SPEAKOUT (IMPLEMENTED IN 1990 AT TURKEY POINT).
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COVERS ALLBECHTEL EMPLOYEES NRC FORM 3 INFORMATIONAND POSTINGS
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AVAILABLETO ALLBECHTEL EMPLOYEES SITE-WIDE
)OCFR24 INSTRUCTIONS AND POSTINGS
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COVERS REPORTING OF DEFICIENCIES BY NON-MANUALPERSONNEL GENERAL EMPLOYEE TRAINING (GET)
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COVERS NUCLEAR SAFETY SPEAKOUT; MANDATORYANNUALREQUALIFICATION RAD WORKER TRAINING (RWT)
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COVERS HOW TO RAISE SAFETY CONCERNS; MANDATORYANNUALREQUALIFICATION NEW HIRE ORIENTATION
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COVERS PROCEDURES FOR RAISING SAFETY CONCERNS'ILING GRIEVANCES TOOL BOX SAFETY MEETINGS HELD WEEKLYTO DISCUSS JOBSITE SAFETY ISSUES FREEDOM OF EXPRESSION AND APPEAL
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COVERS RIGHT OF NON-MANUALEMPLOYEES TO RAISE ISSUES WITH MANAGEMENTWITHOUT FEAR OF REPRISAL GENERAL PRESIDENTS'ROJECT MAINTENANCEAGREEMENT (GPPMA)
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TWO SPECIFIC NON DISCRIMINATIONCLAUSES AND GRIEVANCE PROCEDURE 12
BEGHTEL'S CURRENT STATUS OF SUPERV(SORY INDIVlDUALS.
ND I VI DUAL BOB SLOVER 987 POSIT ON URKEY OINT PROJECT SUPERINTENDENT
- HAD OVERALLBECHTEL RESPONSIBILITY AND MOVED PILLOW FROM NIGHT SHIFT TO DAYSHIFT CURRENT POSI IO SITE MANAGER VC SUMMER LARRYWILUAMS CARPENTER GENERAL FOREMAN
- RESPONSIBLE FOR CARPENTER RIF CARPENTER GENERAL FOREMANI TURKEY POINT JOHN WRIGHT CARPENTER FOREMAN CARPENTER TURKEY POINT
- RESPONSIBLE FOR SELECTING NICHOLS (OUTAGE FOREMAN)
FOR RIF WILUEMURPHY LABORER GENERAL FOREMAN
- RESPONSIBLE FOR LABORER RIF AND SELECTING PILLOW FOR RIF LABORER GENERAL FOREMAN TURKEY POINT 13
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