ML18102A227
| ML18102A227 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 07/01/1996 |
| From: | Cooper R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Hall B AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML18102A228 | List: |
| References | |
| EA-96-176, EA-96-177, NUDOCS 9607080110 | |
| Download: ML18102A227 (4) | |
Text
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EA 96-176 96-177 Mr. Bruce Hall
[HOME ADDRESS DELETED UNDER 10 CFR 2.790]
July 1, 1996
SUBJECT:
PREDECISIONAL ENFORCEMENT CONFERENCE FOR NRC INVESTIGATION REPORT NOS. 1-94-006R and 1-94-053
Dear Mr. Hall:
This refers to two investigations conducted by the NRC Office of Investigations (OI) regarding alleged harassment, intimidation, and discrimination of an Onsite Safety Review* (OSR) engineer and a Nuclear Safety Review (NSR) group engineer.
(Reference OI Reports 1-94-006R and 1-94-053).
The purpose of these investigations was to determine whether you, in your previo~s Public Service Electric and Gas Company (PSE&G) management position, harassed, intimidated, or discriminated against the subject individuals for their identification of safety concerns.
Based on the investigations, and the redacted copies of the OI reports which are enclosed with this letter, the NRC finds that apparent violations of NRC requirements occurred.* These violations* are being considered for escalated enforcement action in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), (60 FR 34381; June 30, 1995). These violations involved discrimination against these two employees for their engagement in protected activities. At issue is an apparent violation of 10 CFR 50.7 and 10 CFR 50.5 (which prohibits deliberate misconduct) when you apparently engaged in misGonduct by taking* retribution against the subject individuals for raising safety concerns.
The above acts appear to be violations of Title 10, Code of Federal Regulations, Section 50.5, which prohibits deliberate misconduct.
In explanation, 10 CFR 50.5(c)(2) specifies that deliberate misconduct includes an intentional act or omission that the person knows to be a violation of a licensee requirement, procedure, instruction, contract, purchase order or policy. Your actions stated above caused the licensee, Public Service Electric and Gas to be in apparent violation of 10 CFR 50.7 which prohibits taking action against individuals that identify safety concerns.
The OI investigation did uncover evidence that you directed, or condoned these act i ans.
Therefore, it appears appropriate to consider enfortement action against you on an individual basis. However, because our evaluation is continuing, we presently are not issuing a Notice of Violation for any apparent violation.
Also, please be advised that the number and characterization of the apparent viol at i ans may change as a result of further NRC review.
Please contact Larry Nicholson of my staff, 610-337-5128, to arrange a predecis-ional enforcement conference to discuss these apparent violations. The decision to hold a predecisional enforcement conference does not mean that the NRC has... '\\/\\
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Mr. Bruce Hall 2
determined that a violation has occurred or that enforcement action will be taken. This conference is being held to obtain information to enable the NRC to make an enforcement decision, such as a common understanding of the facts, root causes, missed opportunities to identify the apparent violation sooner, corrective actions, significance of the issues and the need for lasting and effective corrective action.
In addition, this is an opportunity for you to identify any factual errors in our investigation report and for you to provide any information concerning your perspectives on 1) the severity of the violations, 2) the application of the factors that the NRC considers when it determines.the amount of a civil penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement Pol icy, and 3) any other application of the.
Enforcement Policy to this case, including the exercise of discretion in accordance with Section VII.
The conference will be transcribed.
You may be accompanied by legal counsel or representation during the predecisional enforcement conference.
You will be advised by separate correspondence of the results of our deliberations on this matter.
No response regarding these apparent violations is required at this time.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter with your home address removed, and its enclosures will be placed in the NRC Public Document Room.
Docket Nos. 50-272/50-311
Enclosures:
Sincerely, ORIGINAL SIGNED BY SUSAN F. SHANKMAN FOR:
Richard W. Cooper, Director Division of Reactor Projects
- 1.
01 Investigation Report 1-94-00GR (Redacted Copy)
- 2.
OI Investigation Report 1-94-053 (Redacted Copy)
- 3.
Copy of Enforcement Policy (60 FR 34387; June 30, 1995)
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Mr. Bruce Hall 3
cc w/encls:
L. Eliason, Chief Nuclear Officer & President - Nuclear Business Unit L. Storz; Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering E. Salowitz, Director - Nuclear Business Support C. Schaefer, External Operations - Nuclear, Delmarva Power & Light Co.
D. Garchow, General Manager - Salem Operations J. Benjamin, Director - Quality Assurance & Nuclear Safety Review D. Powell, 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 W. Conklin, Public Safety Consultant, Lower Alloways Creek Township Public Service Commission of Maryland State of New Jersey State of Delaware
Hr. Bruce Hall DISTRIBUTION:
PUBLIC SECY CA J. Taylor, EDO J. Milhoan, DEDR J. Lieberman, OE T. Martin, RI F. Davis, OGC W. Russell, NRR R.Zimmerman, NRR Enforcement Coordinators RI, RII, RII I, RIV B. Beecher, GPA/PA G. Caputo, 01 D. Bangart, OSP L. Norton, OIG E. Jordan, AEOD OE:EA (2)
NUDOCS Nuclear Safety Information Center NRC Resident Inspector D. Screnci, PAO-RI DCS D. Ho l ody, EO K. Smith, RC L. Nicholson, DRP S. Barber, DRP 4
(NSIC)