ML18102A243
| ML18102A243 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 07/01/1996 |
| From: | Cooper R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Eliason L Public Service Enterprise Group |
| References | |
| EA-96-176, EA-96-177, NUDOCS 9607110137 | |
| Download: ML18102A243 (4) | |
Text
...
EA 96-176 96-177 Mr. Leon R. Eliason Chief Nuclear Officer & President Nuclear Business Unit July 1, 1996 Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038 See,.,
Cf~ P/Pif/J/10.
-F;,~ i:1uJPS re..--:e-
SUBJECT:
PREDECISIONAL ENFORCEMENT CONFERENCE FOR NRC INVESTIGATION REPORT NOS. l-94-006R and 1-94-053
Dear Mr. Eliason:
This refers to two investigations conducted by the NRC Office of investigation (OI) regarding alleged harassment, intimidation, and discrimination of an Onsite Safety Review (OSR) engineer and a Nuclear Safety Review (NSR) group engineer.
(
Reference:
01 Reports l-94-006R and 1-94-053).
The purpose of these investigations was to determine whether Public Service Electric and Gas Company (PSE&G) management harassed, intim~dated, or discriminated against the subject individuals for their identificatiori of safety concerns.
Based on the investigations, as detailed in the redacted copies of the 01 reports which are enclosed with this letter, the NRC finds that apparent violations of NRC requirements occurred. The violations involved discrimination against these two employees for their engagement in protected activities per 10 CFR 50.7. The violations are being considered for escalated enforcement action in accordance with the "General Statement of Pol icy and Procedure for NRC Enforcement Actions" (Enforcement Policy), (60 FR 34381; June 30, 1995).
Accordingly, no Notice of Violation presently is being issued for these investigation findings.
In addition, please be advised that the number and characterization of apparent violations described in the enclosed investigation reports 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 determined that violations have 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 violations sooner, corrective actions, significance of the issues, and the need for lasting and effective corrective action.
In particular, we expect you to address the potential "chilling effect" that these apparent violations may have had on your organization's willingness to identify future safety concerns. 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 9607110137 960701 PDR ADOCK 05000272 G
, I
' I
.1 !
Mr. L. El i ason 2
considers when it determines the amount of a civil penalty.that may be assessed in accordance with Section VI.B.2 of the Enforcement Policy, 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 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 and its enclosures will be placed in the NRC Public Document Room.
Docket Nos. 50-272/50-311 License Nos. DPR-70/DPR-75
Enclosures:
Sincerely, ORIGINAL SIGNED BY:
SUSAr{* F. SHANKMAN FOR Richard W. Cooper, II, Director Division of Reactor Projects
- 1.
01 Investigation Report l-94-006R (Redacted Copy)
- 2.
01 Investigation Report 1-94-053 (Redacted Copy)
- 3.
Copy of Enforcement Policy (60 FR 34387; June 30, 1995)
I
Mr. L. El i as on 3
cc w/encls:
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
Mr. L. El i a son DI STR IBUTI ON:
PUBLIC SECY CA J. Taylor, EDO J. Mi 1 ho an, DEDR J. Lieberman, OE T. Martin, RI F. Davis, OGC W. Russell, NRR R.Zimmerman, NRR Enforcement Coordinators RI, RII, RIII, RIV B. Beecher, GPA/PA G. Caputo, OI D. Bangart, OSP L. Norton, OIG E. Jordan, AEOD OE:EA {2)
NUDOCS 4
Nuclear Safety Information Center {NSIC)
NRC Resident Inspector D. Screnci, PAO-RI DCS D. Ho l ody, EO K. Smith, RC L. Nicholson, DRP S. Barber, DRP DOCUMENT NAME:
a:salemhi.gsb To receive a copy of this document, indicate in the box: "C';= Copy without attachment/enclosure "E' = Copy with attachmentjenclosure "N" = No copy
/
OFFICE RI:DRP/
RI:RC NAME LNichol"son DATE 6/-/ ;*;95 "I
OFFICIAL RECORD COPY