ML18107A498

Forwards Response to NOV That Resulted from Predecisional Enforcement Conference Conducted on 990624.Corrective Actions:Communications to Supervisors Reinforced Employee Right & Duty to Raise Nuclear Safety Issues

ML18107A498
Person / Time
Site:	Salem
Issue date:	08/26/1999
From:	Bezilla M Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
LR-N990385, NUDOCS 9908310277
Download: ML18107A498 (5)

Text

PSEG Nuclear LLC

• P.O. Box 236, Hancocks Bridge, New Je -.~ 08038-0236 AUG 26 1999 0PSEG.

J\"udear LLC LR-N990385 United States Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555 Gentleman:

RESPONSE TO NRC NOTICE OF VIOLATION EA 99-055 SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1AND2 DOCKETS NOS. 50-272 AND 50-311 Attached is the Public Service Electric and Gas (PSE&G) response to the Notice of Violation that resulted from a Predecisional Enforcement Conference conducted on June 24, 1999. The letter informing PSE&G of the violation was dated July 28, 1999. Attachment I of this letter contains PSE&G's response.

PSE&G does not dispute the violation. Should you have any questions regarding this transmittal, please do not hesitate to contact me.

Sincerely, YJ7U,<5 ;tJ,i, Mark B. Bezilla /

Vice President - Operations Attachment 9908310277 990826

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Document Control . k 2 LR-N990385 C Mr. H. J. Miller, Administrator - Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. P. Milano, Licensing Project Mc;inager - Salem U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike .

Mail Stop 0881 Rockville, MD 20852 Mr. S. Morris (X24)

USNRC Senior Resident Inspector Mr. K. Tosch, Manager IV Bureau of Nuclear Engineering PO Box415 Trenton, NJ 08625

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Document Control Ak LR-N990385 ATIACHMENTI NOTICE OF VIOLATION AND RESPONSE Public Service Electric and Gas Company Salem Nuclear Generating Station, Unit Nos. 1 and 2 Docket Nos. 50-272 and 50-311 License Nos. DPR-70 and DPR-75 As a result of a U.S. Department of Labor Administrative Law Judge decision dated March 4, 1999 (DOL Case 98-ERA-39) and a predecisional enforcement conference conducted June 24, 1999, a violation of NRC requirements was identified. The particular violation is set forth below:

10 CFR 50.7 prohibits, in part, discrimination by a Commission licensee against an employee for engaging in certain protected activities.

Discrimination includes discharge or other actions related to the compensation, terms, conditions, and privileges of employment. The activities which are protected include, but are not limited to, reporting of safety concerns by an employee to his employer.

Contrary to the above, on April 8, 1998, the licensee discriminated against an employee for engaging in protected activities. Specifically, a nuclear me*chanical technician received a negative performance appraisal in retaliation for raising safety concerns regarding the repair of a safety-related valve at Salem Unit 1. (01014)

This is a Severity Level IV violation (Supplement VII).

Response to the Notice of Violation Public Service Electric and Gas Company (PSE&G) does not dispute the Notice of Violation. PSE&G has complied with the U.S. Department of Labor (DOL)

Administrative Law Judge's (ALJ) recommendations made in his decision dated March 4, 1999. These measures included ~xpunging wording relating to performance of valve repacking work conducted on or about March 26, 1998 from the employee's performance appraisal.

Reason for the Violation This issue was litigated before a DOL ALJ and transcribed during the NRC predecisional enforcement conference. While there are some fundamental differences of opinion as to the facts and surrounding circumstances of the event, what is of paramount importance to PSE&G is that a culture is fostered at Salem that allows employees to raise nuclear safety issues without fear of retaliation.

'This supports our goal of achieving safe and reliable operation through people.

Document Control . k LR-N990385 ATTACHMENT I The focus of our actions, as detailed below, is therefore appropriately centered on broader generic implications to address the cultural issues. The individuals involved in the event gafned tremendous insight into the harassment and intimidation issues due to their direct involvement in the litigation and regulatory process.

Corrective Actions Taken and Results Achieved to Avoid Further Violations PSE&G conducted a comprehensive internal review into the circumstances surrounding this event. As a result, several actions were taken to improve the overall confidence of employees in raising nuclear safety issues to management.

These actions focused on the following areas: improved communication and feedback; management/supervisory re-enforcement sessions; and cultural surveys conducted by the Employee Concerns Program.

While substantial improvement has occurred with respect to employees' comfort in raising nuclear safety issues over the last several years, PSE&G recognizes that a vigilant watch must be maintained to avoid cultural remission. To that end, PSE&G has reinforced to the line management the importance of being open: to employees raising safety issues and that assistance from various organizations is available to help supervisors resolve issues. Communication sessions were conducted in small manageable group settings. The sessions provided good question and feedback opportunity for the line supervisors. For the organization most impacted by this violation, the Nuclear Maintenance Department, Lou Storz, Senior Vice President - Nuclear Operations lead three separate meetings addressing first-line supervisors and above. These meetings discussed appropriate handling of safety issues raised by employees and re-enforced PSE&G's zero tolerance policy on harassment and intimidation.

Communications to supervisors reinforced employees' right, and duty, to raise nuclear safety issues. Tools have also been provided to supervisors to assist them in early recognition of potential situations that could lead to a prohibited action under 10CFR50.7.

PSE&G established an Employee Concerns Program (ECP) approximately four years ago. The Program provides a confidential alternative path for individuals raising nuclear safety and quality concerns. The ECP augments existing programs and reinforces the fact that the first line supervisor is the primary path for an individual to raise a concern. However, when that primary path has been

. ineffective in addressing the concern, or has not created a welcoming environment for raising concerns, the ECP is available. The ECP is a key component of a safety conscious work environment and is available to all PSE&G employees and contractors working at Salem.

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Document Control .sk LR-N990385 ATTACHMENT I PSE&G conducted a survey to assess the performance of our Employee Concerns Program. The survey results are very encouraging, in most if not all areas. However, the ECP staff continues to work to improve visibility of the program and employee comfort with using the program. The most recent and past ECP surveys, as always, are available for NRG staff review.

Date When Full Compliance Will Be Achieved Considering the corrective actions described above, PSE&G believes that full compliance has been achieved.

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