ML18016A652
| ML18016A652 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 10/19/1998 |
| From: | Boland A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Donahue J CAROLINA POWER & LIGHT CO. |
| References | |
| NUDOCS 9810300102 | |
| Download: ML18016A652 (5) | |
Text
October 19, 1998 Carolina Power
& Light Company ATTN: Hr. J.
H. Donahue Acting Vice President
- Harris Plant Shearon.Harris Nuclear Power Plant P. 0.
Box 165, Mail Code:
Zone 1
New Hill, NC 27562-0165
SUBJECT:
DEPARTMENT OF LABOR (DOL) CASE NO. 98-ERA-31 (HICKEY R.
HAMBY v.
CAROLINA POWER 8 LIGHT, INC.)
Dear Hr. Donahue:
On April 8, 1998, the NRC's Office of Investigation (OI) initiated an investigation to determine if Hickey R.
Hamby was subject to illegal discrimination by management at the Shearon Harris Nuclear Power Plant (HNP) for engaging in an activity protected under Section 211 of the Energy Reorganization Act of 1974, as amended.
The OI investigation, documented in OI Report No. 2-1998-012, was completed on July 29, 1998.
OI concluded that the evidence developed in the investigation did not substantiate the allegation that HNP management illegally discriminated against Hr.
Hamby for engaging in a protected activity.
On December ll. 1997.. the U.S.
Department of Labor 's (DOL) OSHA Division in Washington, D.C, received a complaint filed by Hr. Hamby, a former employee of Carolina Power 8 Light's Shearon Harris Nuclear Power Plant.
On Hay 26,
- 1998, the Assistant Area Director issued a decision in this case and concluded that discrimination was not a factor in the actions comprising Hr. Hamby's complaint.
Hr.
Hamby subsequently.
appealed the decision and action is pending before a
DOL Administrative Law Judge (ALJ).
The NRC staff will hold its judgement on whether or not enforcement action is warranted in this matter until after an adjudicatory decision by a DOL ALJ.
We are providing the parties involved in the DOL hearing the results of the OI investigation.
A copy of the synopsis of the OI report is enclosed.
You should note that final NRC documents, including the final OI report, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information provided under FOIA.
Requests under the FOIA should be made in accordance with 10 CFR 9.23.
Requests for Records.
'98i0300%02 98iOi9 PDR ADGCK 05000400 8
<<~/
CPSL Should you have any questions regarding this letter, please feel free to contact me at 404-562-4421.
Sincerely, original signed by ATB Anne T. Boland, Director Enforcement and Investigations Coordination Staff
Enclosure:
Synopsis of 01 Report No. 2-1998-012 cc w/encl:
Hickey R.
Hamby
[address withheld per 10 CFR 2.790]
CP&L Distribution w/o encl:
J.
Lieberman, OE J. Goldberg, OGC C.
- Evans, RII B. Summers, OE 0.'DeNirands, RII Distribution w/ encl:
RII DOL File SEHD TO PUBLIC DOCUMENT ROOMV OFFICE RI I P.
Signature HAME LPLISCO YE NO R
ICS ABOLAHD DATE
/
/98 COPY' S
NO
/
/98
/
/98
/
/98 YES NO YES HO YES HO
/
/98 YS HO
/
/98 YS HO OFFICIAL RECORD COPY DOCUMENT NAME:
H:iDOLCASE.DIRiHAMBY.DIRiOIHAMBY.HPD Q~ Pymiuur +~'~
CPSL Distribution w/o encl:
J.
Lieberman, OE J. Goldberg, OGC C.
- Evans, RII B. Summers, gE y, QggA>t Distributi n w/ encl:
RII DOL F le SEND TO PUBLIC DOCUMENT ROOM?
YES NO OFFICE Signature DATE RII:
LPL 0/
/
/
/98 COPY?
YES NO YES NO OFFICIAL RECORD Y
DOCUMENT ABO 0
/98
/
/98
/
/98 ES NO YES NO YES NO H: iDOLCASE.DIRiHAMBY.DIRiOINAMBY.WPD
/
/98 YES NO
0 1