ML18107A304
| ML18107A304 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 05/14/1999 |
| From: | Blough A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Keiser H Public Service Enterprise Group |
| References | |
| EA-99-055, EA-99-55, NUDOCS 9905260282 | |
| Download: ML18107A304 (4) | |
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EA 99-055 Mr. Harold W. Keiser UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 May 14, 1999 President and Chief Nuclear Officer Nuclear Business Unit Public Service Electric and Gas Company P.O. Box236 Hancocks Bridge, New Jersey 08038
SUBJECT:
PRE-DECISIONAL ENFORCEMENT CONFERENCE RELATIVE TO U.S.
DEPARTMENT OF LABOR DECISION
Dear Mr. Keiser:
This letter refers to a U.S. Department of Labor (DOL} Administrative Law Judge (ALJ} Decision and Order dated March 4, 1999. The Decision and Order involved an employee's claim that he was discriminated against by a PSE&G manager for raising safety issues.
Based on the DOL ALJ Decision (Case No. 1998-ERA-39}, an apparent violation was identified involving Title 10, Code of Federal Regulations (CFR}, Section 50. 7 (Employee Protection).
1 OCFR 50. 7 prohibits a licensee from discriminating against any employee for engaging in certain protected activities. The DOL ALJ Decision indicates that a nuclear mechanical technician was discriminated against for raising a safety concern, which constituted a protected activity, causing you to be in violation of 10CFR 50.7.
Specifically, the technician submitted a work order containing comments related to the repair of a safety related valve at Salem Unit 1. Following this submittal, the technician was confronted in an accusatory manner by the Maintenance Manager. Subsequently, the technician received a negative performance appraisal. The DOL ALJ concluded that these adverse actions would not have been taken in the absence of the technician's protected activity. The discrimination of the technician for raising a safety concern is an apparent violation of 10 CFR 50.7. This apparent violation is being* considered for enforcement action in accordance with uGeneral Statement of Policy and Procedures for NRC Enforcement Actionsn (Enforcement Policy), NUREG-1600.
Since we have not completed our review of this matter, we are not issuing a Notice of Violation at this time. However, we are offering an opportunity to hold a predecisional enforcement conference with you to discuss this matter further. The purpose of this conference is to discuss the apparent violation, the cause(s) and safety significance, and to provide you the opportunity to point out any errors in our' understanding. In addition, this is an opportunity for you to provide your perspectives on: the apparent violation, any aggravating or mitigating circumstances that the NRC should consider, and other information that will help the NRC determine the appropriate enforcement action. Also, since the apparent violation is an act of discrimination, we 9905260282 990514 PDR ADDCK 05000272 G
Mr. Harold W. Keiser 2
want to understand all of the corrective actions you have taken to ensure that this event has not caused a "chilling effect" on your staff.
The predecisional enforcement conference will be held at our Region I Office in King of Prussia, Pennsylvania. The conference has been scheduled for Tuesday, June 1, 1999 at 1 :30 p.m.
The conference will be closed to public observation and will be transcribed. Further, we request that you arrange for the Maintenance Manager who apparently discriminated against the employee to attend this conference so that he may provide any additional information to the NRG concerning his perspectives on this matter. For your information, we have offered this manager the options either to: attend this conference, attend an individual conference that would be arranged separately, or to not attend the conference at all.
We have offered the technician who was apparently discriminated against, the opportunity to observe the closed enforcement conference with your organization. We have informed him that we will arrange for him to interact with the NRG staff at the end of the conference without your presence, if he should so desire, in order to preclude any perception of duress, and that he may
. be accompanied by legal counsel or representation.
Following the conference, you will be advised by separate correspondence of the results of our deliberations on these matters. No response regarding these issues is required at this time.
In accordance with 10 GFR 2. 790 of the NRG's "Rules of Practice," a copy of this letter will be placed in the NRG Public Document Room (PDR).
Please contact Mr. Glenn Meyer at 1-800-432-1156, extension 5211, if you have any questions regarding this letter or the predecisional enforcement conference.
Docket Numbers 50-272, 50-311 Sincerely
~
A Randolph Blough, 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, External Operations - Nuclear, Delmarva Power & Light Co.
D. Garchow, General Manager - Salem 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 J. A. Isabella, Manager, Joint Generation Atlantic Electric Consumer Advocate, Office of Consumer Advocate William Conklin, Public Safety Consultant, Lower Alloways Creek Township M. Wetterhahn, Esquire 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)
NRG Resident Inspector PUBLIC H. Miller, RA/J. Wiggins, DRA G. Meyer, DRP S. Barber, DRP L. Harrison, DRP C. O'Daniell, DRP D. Holody, EO, RI T. Walker, ORA, RI J. Lieberman, OE Distribution w/encl: Nia E-Mail)
M. Tschiltz, OEDO E. Adensam, NRR P. Milano, PDl-2, NRR M. Callahan, OCA Inspection Program Branch, NRR (IPAS)
R. Correia, NRR DOC DESK 1::-10CUMENT NAME: G:\\BRANCH3\\ENFCONF2.WPD 4
~ -:> receive a copy of this document, Indicate In the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE Rl/DRP E RI/ORA Rl/DRP NAME GM eyer ABlough '
DATE 05/11/99 0511'/199 05/ /99 OFFICIAL RECORD COPY