ML18106A649
| ML18106A649 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 06/09/1998 |
| From: | Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Keiser H Public Service Enterprise Group |
| References | |
| EA-98-321, NUDOCS 9806150319 | |
| Download: ML18106A649 (4) | |
Text
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EA No.98-321 Mr. Harold W. Keiser Executive Vice President Nuclear Business Unit June 9, 1998 Public Service Electric and Gas Company P. 0. Box 236 Hancocks Bridge, New Jersey 08038
SUBJECT:
ALLEGED DISCRIMINATION On, March 14, 1998, the U.S. Department of Labor's Occupational Safety and Health Administration {OSHA) in New York, New York, received a complaint from a former employee of PSE&G. The former employee alleged that PSE&G discharged him because he filed complaints with EEOC and PSE&G critical of PSE&G's misuse of an NRC mandatory safety program for qu~lifying individuals to perform visual examinations. In response to that complaint, OSHA conducted an investigation, and in a letter dated May 15, 1998, the Regional Administrator found that the evidence obtained during OSHA'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 et forth in 10 CFR 50. 7 may have occurred and that the actions taken against the former employee may have had a chilling effect on other licensee or contractor personnel.
Accordingly, pursuant to sections 161 c, 161 o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR {e.g.,
50.54{f), 30.32{b), 40.31 {b), 70.22{d), 110.52{b)), 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 a affirmation that describes:
Actions you have already taken or plan to take to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization and, as discussed in NRC form 3, to the NRC.
We recognize that you may not believe that unlawful discrimination as occurred. We request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
9806150319 980609 PDR ADOCK 05000272 P
Mr. Harold W. Keiser 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 placed 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 that deletes the personal privacy-related information. Identify the particular portions of the response in question which, if disclosed, would create an unwarranted 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 IDJ.!fil 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 requirements.
In accordance with 10 CFR 2. 790 of the NRC's "Rules of Practice," a copy of this letter and your response 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.
Docket No.:
50-272,50-311,50-354 License No.: DPR-70,DPR-75,DPF-57 Sincerely, Original Signed By:
Charles W. Hehl, Director Division of Reactor Projects
Mr. Harold W. Keiser 3
cc w/encl:
L. Storz, Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering E. Salowitz, Director - Nuclear Business Support A. F. Kirby, Ill, Exte~hal Operations - Nuclear, Delmarva Power & Light Co.
C. Bakken, General Manager - Salem Operations M. Bezilla, General Manager - Hope Creek Operations J. McMahon, Director - QA/Nuclear Training/Emergency Preparedness D. Powell, Director, Licensing, Regulation and Fuels R. Kankus, Joint Owner Affairs A. Tapert, Program Administrator J. J. Keenan, Esquire M. J. Wetterhahn, Esquire J. A. Isabella, 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
Mr. Harold W. Keiser Distribution w/encl:
Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector PUBLIC W. Axelson, DRA J. Linville, DRP S. Barber, DRP L. Harrison, DRP C. O'Daniell, DRP N. Della Greca, DRS D. Holody, EO D. Vito, ORA J. Lieberman, OE J. Goldberg, OGC B. Boger, ADPR, NRR P. Clark, OSHA, RA Distribution w/encl: (Via E-Mail)
B. McCabe, OEDO R. Capra, NRR P. Milano, PDl-2, NRR M. Callahan, OCA Inspection Program Branch, NRR (IPAS)
R. Correia, NRR F. Talbot, NRR DOCDESK DOCUMENT NAME: G:\\BRANCH3\\PSEGCHLG.EFT 4
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy
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