ML17352A783
| ML17352A783 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/19/1994 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Meyers B BECHTEL CORP. |
| References | |
| EA-93-200, NUDOCS 9408290247 | |
| Download: ML17352A783 (5) | |
Text
Docket No.
9999 EA 93-200 Bechtel Construction Company ATTN:
Hr.
B. L. Meyers Senior Vice President 9801 Washingtonian Boulevard Gaithersburg, Maryland 20878-5356 AtS 1S tg@
Gentlemen:
SUBJECT:
U.S.
DEPARTMENT OF LABOR CASE NOS.
87-ERA-35 AND 87-ERA-44 Thank you for your response of March 9, 1994 to our Notice of Violation (NOV) issued on February ll, 1994 concerning the results of two administrative proceedings conducted by the U.S.
Department of Labor (DOL).
The DOL proceedings involved two complaints of employee discrimination filed by former employees of your company at Florida Power
& Light Company's (FP&L) Turkey Point facility.
We have reviewed FP&L's current employee concerns program and found that the program contains provisions that appear to be designed to ensure that employees, including contract employees, are free to raise safety concerns and that discrimination will not occur during your activities at the Turkey Point facility.
With respect to your request that enforcement action be deferred until all court appeals have been exhausted, it is the NRC's policy to issue enforcement
- actions, where warranted, following an adjudicated decision that discrimination occurred while deferring the requirement for a full response until after the Secretary of Labor reaches a final decision.
This policy was applied in this case.
We acknowledge your denial of the violation; however, you were provided an opportunity at the enforcement conference to present facts relevant to this enforcement action and you have not provided any additional information at the enforcement conference or in your response that was not available to the NRC at the time the violation was issued.
Therefore, the violation will not be withdrawn.
We acknowledge that you have appealed the Nichols case and the case is currently pending before the U. S. Court of Appeals for the 11th Circuit.
We also acknowledge that you have indicated that you will appeal the Secretary of Labor's decisions in the Pillow case.
In the event the U. S. Court of Appeals for the 11th Circuit reverses either of the Secretary of Labor's decisions, you may request that the NRC reconsider the enforcement decision.
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(See page 2)
Sincerely, OrigiIjal. signed 'by Stewart:D..Eb'neter-Stewart D. Ebneter Regional Administrator SEHD OFC E
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- BHayes, OI
- RCroteau, NRR AGibson', RII KClark, RII BUryc, RII DVerrelli, RII KLandis, RII
- RSchin, RII Document Control Desk Senior Resident Inspector U.S. Nuclear Regulatory Commission P. 0.
Box 1448 Homestead, FL 33090
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Docket No.
9999 EA 93-200 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 101 MARIETTASTREEl'. N.W., SUITE 2900 ATLANTA.GEORGIA 303234199 NS.i 9 894 Bechtel Construction Company ATTN:
Hr.
B. L. Heyers Senior Vice President 9801 Washingtonian Boulevard Gaithersburg, Maryland 20878-5356 Gentlemen:
SUBJECT:
U.S.
DEPARTMENT OF LABOR CASE NOS.
87-ERA-35 AND 87-ERA-44 Thank you for your response of Harch 9.
1994 to our Notice of Violation (NOV) issued on February ll, 1994 concerning the results of two administrative proceedings conducted by the U.S. Department of Labor (DOL).
The DOL proceedings involved two complaints of employee discrimination filed by former employees of your company at Florida Power
& Light Company's (FPKL) Turkey Point facility.
We have reviewed FPEL's current employee concerns program and found that the program contains provisions that appear to be designed to ensure that employees, including contract employees, are free to raise safety concerns and that discrimination will not occur during your activities at the Turkey Point facility.
With respect to your request that enforcement action be deferred until all court appeals have been exhausted, it is the NRC's policy to issue enforcement
- actions, where warranted, following an adjudicated decision that discrimination occurred while deferring the requirement for a full response until after the Secretary of Labor reaches a final decision.
This policy was applied in this case.
We acknowledge your denial of the violation; however, you were provided an opportunity at the enforcement conference to present facts relevant to this enforcement action and you have not provided any additional information at the enforcement conference or in your response that was not available to the NRC at the time the violation was issued.
Therefore, the violation wi 11 not be withdrawn.
We acknowledge that you have appealed the Nichols case and the case is currently pending before the U. S. Court of Appeals for the 11th Circuit.
We also acknowledge that you have indicated that you will appeal the Secretary of Labor's decisions in the Pillow case.
In the event the U. S. Court of Appeals for the 11th Circuit reverses either of the Secretary of Labor's decisions, you may request that the NRC reconsider the enforcement decision.
cc:
(See page 2)
S incerely, 4+ o'w kt >
Stewart D.
nefer Regional Administrator
Bechtel Construction Company CC:
Florida Power II Light Company ATTN:
Hr. J.
H. Goldberg President
- Nuclear Division Post Office Box 14000 Juno
Department of Labor Employment Standards Administration Wage and Hour Division 1371 Peachtree
- Street, N.E.
- Atlanta, Georgia 30367 District Director Wage and Hour Division U.S.
Department of Labor/ESA Suite 300 4905 West Laurel St.
- Tampa, Florida 33607 Associate Solicitor for Fair Labor Standards U.S.
Department of Labor Room N-2716 200 Constitution Ave N.W.
Washington, D.C.
20210