ML18101B113
| ML18101B113 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 11/22/1995 |
| From: | Cooper R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Eliason L Public Service Enterprise Group |
| References | |
| 1-94-043, 1-94-43, NUDOCS 9511280090 | |
| Download: ML18101B113 (4) | |
Text
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-~ i Mr. Leon R. Eliason Chief Nuclear Officer & President Nuclear Business Unit November 22, 1995 Public Service Electric and Gas Company P. O. Box 236 Hancocks dridge, New Jersey 08038 SUBJECT-:
01 INVESTIGATION 1-94-043
Dear Mr. Eliason:
The NRC Office of Investigations has completed its investigation to determine whether PSE&G discriminated against a former Senior Staff Engineer for raising safety concerns.
Based upon the evidence deveioped during this investigati.on, Ot:RI could not substantiate that PSE&G discriminated against the individual for raising safety concerns. A copy of the synopsis of the investigation is enclosed.
In addition, the individual filed a complaint with the Department of Labor in a letter dated December 20, 1994.
We have been informed by the DOL Wage &
Hour Division in Trenton, New Jersey that you and the individual have reached a settlement on this complaint, as noted in a letter the individual sent to DOL on August 10, 1995.
Based on the 01 findings and the settlement of the DOL complaint, the NRC plans no further action on that concern.
I would note, however, that the individual indicated in his August 10, 1995, letter to DOL that you had settled your differences; he no longer wished to pursue his DOL complaint; and DOL would need to get a court order or an administrative order for him to cooperate with a DOL investigation in contravention of the agreement he signed with PSE&G.
The NRC has not received a copy of, nor reviewed, the settlement agreement; however, the individual's statement about his cooperation in DOL investigations raises a question about restrictions in the agreement.
10 CFR 50.7(f) requires that no agreement to settle a complaint filed with DOL may contain any provision which would prohibit, restrict, or otherwise discourage any employee from participating in protected activities as defined in 10 CFR 50.7 (a)(l), including, but not limited to providing information to the NRC or to his or her employer on potential violations or other matters within NRC regulatory responsibilities.
You are requested to review that settlement agreement to ensure that it does not contain any restrictive language, and inform us of the results of your review within 20 days of the date of this letter.
9511280090 951122 PDR ADOCK 05000272 P
PDR OFFICIAL RECORD COPY
Mr. LEGn R. Eliason 2
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 (PDR).
The response requested by this letter and the enclosed Notice 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.
Enclosure:
01 Synopsis Docket Nos. 50-272; 50-311 cc w/encl:
Sincerely Original Signed By:
Richard W. Cooper Director, Division of Reactor Projects L. Storz, Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering C. Schaefer, External Operations - Nuclear, Delmarva Power & Light Co.
R. Burricelli, Director - External Affairs C. Warren, General Manager - Salem Operations J. Benjamin, Director - Quality Assurance & Nuclear Safety Review F. Thomson, Manager, Licensing and Regulation R. Kankus, Joint owner Affairs A. Tapert, Program Administrator R. Fryling, Jr., Esquire M. Wetterhahn, Esquire P. Macfarland Goelz, Manager, Joint Generation Atlantic Electric Consumer Advocate, Office of Consumer Advocate William Conklin, Public Safety Consultant, Lower Alloways Creek Township Public Service Commission of Maryland State of New Jersey State of Delaware OFFICIAL RECORD COPY
Mr. Leon R. Eliason 3
Distribution w/encl:
Region I Docket Room {with concurrences)
Kay Gallagher, DRP Nuclear Safety Information Center {NSIC)
NRC Resident Inspector PUBLIC D. l1"l"d(
DOCUMENT NAME:
A: REACTORS\\94-0159.LIC To receive a copy of tllis docmnmt, iadicale ill tlae bm: *c*.. Copy without attac c
OFFICE Rl/EO RI/
NAME LNicholson DATE 11/
/95 OFFICIAL RECORD COPY
0.
SYNOPSIS On September 30, 1994, the NRC Office of Investigations initiated th1s investigation to determine whether PSE&G discrimin~ted against a former Senior Staff Engineer, Nuclear Steam Supply System, Salem Generating Station, Hancocks Bridge, New Jersey, for raising safety concerns.
Based upon* the evidence developed during this investigation, OI:RI could not substantiate the allegation that PSE&G discriminated against the former Senior Staff Engineer for raising safety concerns at the Salem Generating Station.
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I Case No. 1-94-043 1