ML18136A501
| ML18136A501 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 07/12/2018 |
| From: | Boland A NRC/OE |
| To: | Reasoner C Wolf Creek |
| Coleman N | |
| References | |
| EA-18-037, OI 4-2017-020 | |
| Download: ML18136A501 (7) | |
Text
July 12, 2018 EA-18-037 Mr. Cleve Reasoner, Chief Nuclear Officer Wolf Creek Nuclear Operating Corporation P. O. Box 411 Burlington, KS 66839
SUBJECT:
WOLF CREEK NUCLEAR OPERATING CORPORATION - APPARENT VIOLATION OF EMPLOYEE PROTECTION REQUIREMENTS (OFFICE OF INVESTIGATIONS REPORT NO. 4-2017-020)
Dear Mr. Reasoner:
This letter refers to an investigation conducted by the U.S. Nuclear Regulatory Commissions (NRCs) Office of Investigations (OI) related to Wolf Creek Nuclear Operating Corporation (Wolf Creek). The purpose of the NRC OI investigation was to determine whether a contract employee, former site superintendent for Kan-Seal, at Wolf Creek was the subject of employment discrimination in violation of Title 10 of the Code of Federal Regulations (10 CFR) 50.7, Employee protection. The NRC determined that based on the investigation dated February 27, 2018, the contract employee was subjected to adverse employment actions for engaging in a protected activity. These adverse actions occurred, in part, because the contract employee initiated a condition report for an incident during the 2016 refueling outage and also communicated related concerns directly to management.
The apparent violation, which is based on the investigation, was discussed with you during a July 12, 2018, telephone exit meeting. The enclosed redacted NRC Report of Investigation No. 4-2017-020 provides an overview of the evidence gathered during the NRCs investigation.
We request that you not make the OI report available to the general public.
Based on the results of the NRC staff's review of the investigation, an apparent violation of 10 CFR 50.7 was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy can be found on the NRCs Web site at (http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html).
Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued at this time. In addition, please be advised that the characterization of the apparent violation, and the number of violations, may change as a result of further NRC review.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either:
(1) request to participate in a closed pre-decisional enforcement conference (PEC), or (2) request to participate in an alternative dispute resolution (ADR) session. These options are discussed in the paragraphs that follow. Please contact Ms. Nicole Coleman, Enforcement
C. Reasoner Specialist, Office of Enforcement, at (301) 287-9007 or via e-mail at Nicole.Coleman@nrc.gov within 10 days of the date of this letter to notify the NRC of your intended response.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. This may include information to determine whether a violation occurred, information to determinate the significance of the violation, information related to the identification of the violation, and information related to any corrective actions taken or planned. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. If a PEC is held, the NRC may issue a public meeting notice to announce the time and date of the conference; however, the PEC will be closed to public observation since information related to an (OI) report will be discussed and the report has not been made public. A PEC should be held within 30 days of the date of this letter.
The NRCs Enforcement Policy permits the individual who was the subject of the alleged employment discrimination to participate in the conference. Accordingly, that individual would be invited to attend the PEC and may participate by observing the conference. Following your presentation, the individual may, if desired, present their views on why they believe the discrimination occurred and comment on your presentation. You would then be afforded an opportunity to respond and the NRC may ask some clarifying questions. Under no circumstances would the NRC staff permit you or the employee to cross-examine or question each other.
In lieu of a PEC, Wolf Creek may also request ADR with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts using a third party neutral. The ADR process that the NRC has decided to employ is mediation. In mediation, a neutral mediator with no decision-making authority helps parties clarify issues, explore settlement options, and evaluate how best to advance their respective interests. The mediators responsibility is to assist the parties in reaching an agreement. However, the mediator has no authority to impose a resolution upon the parties. Mediation is a confidential and voluntary process. If the parties (the NRC and Wolf Creek) agree to use ADR, they select a mutually agreeable neutral mediator and share equally the cost of the mediators services.
Additional information concerning the NRC's program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Scheinmans Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR. An ADR mediation session should be held within 45 days of the date of this letter.
Enclosed is a redacted copy of OI Report Number 4-2017-020. The OI report provides an overview of the evidence gathered during this investigation. Because the NRC has not made a final decision regarding the apparent violation, the NRC will not make the OI report available to the general public and we request that you also refrain from doing so. If a PEC is held, the other PEC participants will be sent a copy of the redacted OI report.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, without , and your response (if you choose to provide one) may be made available electronically for public inspection in the NRC Public Document Room and from the NRCs ADAMS, accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html, after the NRC makes a final determination regarding this matter. To the extent possible, your
C. Reasoner response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely,
/RA/
Anne T. Boland, Director Office of Enforcement Docket No. 050-00482 License No. NPF-42
Enclosures:
- 1. Redacted Copy of the NRC Office of Investigation Report No. 4-2017-020 (EXEMPT FROM PUBLIC DISCLOSURE)
- 2. NUREG/BR-0317 Enforcement ADR Program
ML18136A501 OFFICE OE/CRB OE/CRB RIV OGC OE NAME NColeman DSolorio TVEgel CHair ABoland DATE 06/13/18 07/10 /18 06/14/18 06/29/18 07/12/18 C. Reasoner Enclosure 1 Redacted Copy of the Office of Investigations Report No. 4-2017-020
C. Reasoner Enclosure 2 NUREG/BR-0317 Enforcement ADR Program