ML18100A757
| ML18100A757 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 12/06/1993 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Miltenberger S Public Service Enterprise Group |
| References | |
| NUDOCS 9312160163 | |
| Download: ML18100A757 (4) | |
Text
OEC 6 !993 Docket.Nos. 50-272 and 50-311 Mr. Steven Miltenberger
. Vice President and Chief Nuclear Officer Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038
Dear Mr. Miltenberger:
On July 26, 1993, the U.S. Department of Labor's Wage and Hour Division in Lawrenceville, New Jersey, received a complaint from an. employee of Public Service Electric and Gas Company's Salem Generating Station in Hancocks Bridge, New Jersey. The employee alleged that he was subject of 3: discriminatory job action as a result of his actions in identifying a safety problem to certain Salem managers on December 4, 1992. Specifically, the individual asserted.
that he was denied a promotion when the position tbat he was currently f~g was upgraded from a Grade 4 to Grade 5 engineering vacancy. He alleged that the licensee's failure to promote him to Grade 5 was associated with his December 4, 1992, submittal of an internal safety report inv.olving the Salem Generating Station; and that such action was discriminatory since he was engaged in a protected activity. In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated October 19, 1993, the District 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 scope 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 apparent discriminatory ac-tion affecting the promotion of the employee may have-had a chilling effect on other lic~nsee or contractor personnel.
Accordingly, pursuant to sections 161c, 1610, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 50.54(t), in order for the Commission to determine whether your license should* be. modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that 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.
a:Chill2.JW
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\\.I,_; 1....1' OFFICIAL RECORD COPY
-Public Service Electric and Gas Company 2
Your response should not, to the extent possible, include any personal privacy, proprietary, or safeguards information. so that it can be released to the public and p~aced in the NRC Public Document Room. If personal privacy information is necessary to provide an acceptable response, then* please provide a bracketed.copy of your response that identifies the personal *.
privacy-related information and a redacted copy' of your response tQ.at deletes the personal privacy-related information. Identify the particular portions of the response in questio:n which, if disclosed, would create an un\\\\'.arranted invasion of personal privacy, identify the individual whose privacy would be invaded in each instance, describe the nature of the privacy invasion, and indicate why, considering the public interest in *the matter, the invasion of privacy is unwarranted. If you request withholding on any other grounds, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for.
your claim of withholding (e.g.~ provide the information required by 10 CFR 2. 790(b) to support a request for withholding confidential commercial or financial information).
- After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory_ requii:-ements.
- In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room.
The responses directed by this letter are 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,
.... -:~~~~~t-~*~t S.!*G~{FD SY
- _ *v;~;~t t.t~r}~ *r.
f~r~ r~ c Thomas T. Martin -
Regional Administrator OFFICIAL RECORD COPY a:Chill2.JW
DEC _ 6 f900 Public Service Electric and Gas Company cc:
Robert J. Dougherty, Jr.
Senior Vice President-Electric.
Public Service Electric. and Gas Company 80 Park Plaza Newark, New Jersey 07101 Richard C. Richards, DOL, District Director 3131 Princeton Pike Building 5, Room 216 Lawrenceville, New Jersey 08648 Public Document Room (PDR)
Local Public Document Room (LPDR)
State of New Jersey 3
OFFICIAL RECORD COPY a:Chill2.JW
PUblic Service Electric and Gas Company bee:
W. Kane, DRA R. Cooper, DRP W. Lanning, DRP -
E. Wenzinger, DRP 4-C. Marschall, DRP (Salem/Hope Creek Resident Office)
D. Holody, ORA.
B. Letts, 01 Field Office Region I _
-J. White, DRP L. Nicholson, NRR
- J. Stone, NRR K. Abraham, PAO Region I Liaison, OEDO J'. Lieberman, OE W. Parler, OGC J. Calvo, NRR _
12/ ~- /93 RI[t>RP
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WENZINGER 11/ /93
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RI:RC SMITH 11/ /93
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ll/6 /93 a:chi112.jw OFFICIAL RECORD COPY a:Chill2.JW