ML18004B732
| ML18004B732 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 03/03/1987 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Utley E CAROLINA POWER & LIGHT CO. |
| References | |
| NUDOCS 8703250524 | |
| Download: ML18004B732 (3) | |
Text
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LINITEOSTATES NUCLEAR REGULATORY COMMISSION REGION II 101 MARIETTASTREET, N.W.
ATLANTA,GEORGIA 30333 SR 03 1987 Docket Nos. 50-400 License Nos.
NPF-63 Carolina Power and Light Company
. ATTN:
Mr. E.
E. Utley Senior Executive Vice President Power Supply and Engineering and Construction P. 0.
Box 1551
- Raleigh, NC 27602 Gentlemen:
SUBJECT:
REQUEST FOR INFORMATION REGARDING SFTTLEMEHT OF A DEPARTMENT OF LABOR COMPLAINT UNDER SECTION 210 OF THE EHFRGY REORGANIZATION ACT OF 1974 INVOLVIHG THE TERMINATION OF A CONTRACT ENGINEER On July 29, 1986, the U.S. Department of Labor, Employment Standards Administra-
- tion, Mage and Hour Division, Washington, D.C., received a complaint from a former contract engineer who alleged that, during the performance of his duties as an engineer at the Shearon Harris Nuclear Plant, he was subiected to certain discriminatory practices by his supervision which eventually culminated in his termination on July 18, 1986.
The individual's complaint was subsequently forwarded by the Mage and Hour Division on July 29, 1986, to the Mage and Hour Regional Office in Birmingham, Alabama, which has administrative jurisdiction over the New Hill, North Carolina area.
In response to that complaint, the Department of Labor initiated an investigation into the alleged violations.
In a letter dated September 18, 1986, the Area Director, Mage and Hour Division,
- Raleigh, North Carolina, informed Mr. Dale Hollar, Attorney, Carolina Power and Light Company, of his decision that a "prima facie case of discrimination has been established" because "the party charged with discrimination is an employer subiect to the Act (Energy Reorganization Act); the complaining employee was discharged or otherwise discriminated against with respect tn his compensation, terms, conditions or privileges of employment;
- and, the alleged discrimination arose because the employee raised persistent internal complaints regarding safety and quality."
It is our understanding that although you appealed the Area Director's finding to an Administrative Law Judge on September 26, 1986, a settlement was reached between Carolina Power and Light Company and the former contract engineer prior to any formal hearing or recommended decision by the Administrative Law Judge whn subsequently dismissed this case with pre,iudice on December 17, 1986.'otwithstanding this settlement, the NRC is concerned, that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred.
The NRC requires assurance that the actions taken against the former contract
- engineer, whether or not in violation of 10 CFR 50.7, have not had any chilling effect on Carolina Power and Light. Company or contractor personnel at the Shearor Harris Nuclear Plant.
8703250524 870303 PDR ADOCK 05000400 P
Carolina Power and Light Company Therefore, I
am requesting that you provide me within 30 days of the date of this
- letter, a writter, statement, which:
1.
provides the basis for terminating the employment of the former contract engineer and includes a copy of any investigation report you have regarding the circumstances of the termination, and 2.
describes the actions taken or planned to assure that this termination does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safetv concerns.
A separate response by YIarch 16, 1987, as committed to in your letter of February 13, 1987, is not necessary.
After reviewing your response, the NRC will determine whether enforcement action is necessary to ensure compliance with regulatory requirements.
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.
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, Public Law No.96-511.
Sincerely, g /yy) j J.
Nelson Grace Regional Administrator cc: " R. A. Watson, Vice President Harris Nuclear Project D. L. Tibbitts, Director of Regulatory Compliance Ji L. Willis, Plant General ganager Ji Stewart, Area Director Wage and Hour Office bcc:
- B; Beach, ES
- IE RI I GJenk ns 03/3/87 RII LRe es 03/I /87 RII ns 03'87
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