ML18153B336

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Requests Response Providing Basis for Employment Action Re Former Contractor Employee & Including Investigation Repts on Circumstances of Action Involving Alleged Discrimination of Employment Termination,Within 30 Days of Ltr Date
ML18153B336
Person / Time
Site: Surry  Dominion icon.png
Issue date: 09/10/1993
From: Ebneter S
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Stewart W
VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
References
NUDOCS 9310130283
Download: ML18153B336 (6)


Text

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Virginia Electric and Power Company ATTN:

Mr. W. L. Stewart SEP 1 0 1993 Senior Vice President - Nuclear 5000 Dominion Boulevard Glen Allen, Virginia 23060 Gentlemen:

SUBJECT:

COMPLAINT OF ALLEGED DISCRIMINATION e

On April 26, 1993, the U.S. Department of Labor's Wage and Hour Division in Richmond, Virginia, received a complaint from a former employee of Fluor Daniel, Inc., a Virginia Electric and Power Company contractor at the Surry Nuclear Plant. The former employee alleged that his employment had been terminated on March 19, 1993, because he had raised safety concerns while performing his duties at the Surry Nuclear Plant.

In response to that complaint, the Wage and Hour Division secured an employee/employer conciliation.

While we recognize that Fluor Daniel, Inc., appears to have settled its differences with this individual, NRC must review this matter to determine whether a violation of 10 CFR 50.7 may have occurred. Such a-violation, if it occurred, could have a chilling effect on other licensee or contractor personnel in that it might deter them from identifying any nuclear safety-related concerns they may have.

While we realize that this employment action involved your contractor, it is incumbent upon you as the NRC licensee to ensure your contractors and subcontractors fully comply with the requirements of the Energy Reorganization Act and 10 CFR 50.7 that prohibit discrimination for raising safety concerns.

Jherefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:

1.

Provides the basis for the employment action regarding the former contractor employee and includes a copy of any investigation reports you have regarding the circumstances of the action;

2.

Describes the actions, if any, taken or planned to assure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns;

~ and

3.

Describes the programs you have implemented to ensure that your contractors and subcontractors are aware of and comply with the requirements of 10 CFR 50.7 and the Energy Reorganization Act that preclude discrimination against employees for raising safety concerns.

A similar letter has also been sent to Fluor Daniel, Inc.

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e Virginia Electric and Power Company 2

SEP 1 0 1993 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 i~ unwarranted.

If you request withholding on any other grounds, you must 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 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.

cc:

U.S. Department of Labor Employment Standards Administration ATTN:

Mr. Alfred H. Perry Acting Regional Director for Wage and Hour 1371 Peachtree Street, N.E.

Atlanta, Georgia 30367 cc con't:

(see next page)

Sincerely, Stewart D. Ebneter Regional Administrator

Virginia Electric and Power Company cc con't:

Department of LaQor/ESA Wage and Hour Division ATTN:

William T. Maruca 3

District Director Federal Building, Room 7000 400 North Eight Street Richmond, Virginia 23240 Fluor Daniel, Inc.

ATTN:

Mr. Robert A. Dryden

  • G~neral Counsel 100 Fluor Daniel Drive Greenville, SC 29607-2762 Fluor Daniel, Inc.

ATTN:

Mr. J. Tipton Bradford Office of the General Counsel 100 Fluor Daniel Drive Greenville, SC 29607-2762 Virginia Electric and Power Company ATTN:

Mr. Scott Robin.son P.O. Box 26666 Richmond, VA 23261 M. L. Bowling, Jr., Nanager.

Nuclear Licensing Virginia Electric & Power Company 5000 Dominion Boulevard Glen Allen, VA 23060 M. R. Kansler Station Manager Surry Power Station P.O. Box 315 Surry, VA 23883 Ray D. Peace, Chairman Surry County Board of Supervisors P. o. Box 130 Dendron, VA 23839 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, VA 23209 cc can't:

(see next page)

SEP 10 1993

Virginia Electric and Power Company cc con't:

Michael W. Maupin 4

Hunton and Williams Riverfront Plaza, East Tower 951 E. Byrd Street Richmond, VA 23219 Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Office of the Commissioner Virginia Department of Health P. 0. Box 2448 Richmond, VA 23218 Attorney General Supreme Court Building 101 North 8th Street Richmond, VA 23219 e

SEP 1 0 1993

Virginia Electric and Power Company bee:

G. Belisle, RI!

L. Garner, RI!

B. Buckley, NRR Document Control Desk NRC Resident Inspector 5

U.S. Nuclear Regulatory Commission Route 1, Box 166 Surry, VA 23883 NRC Resident Inspector U.S. Nuclear Regulatory Commission Route 2, Box 78-A Mineral, VA 23117 J. Lieberman, OE J. Partlow, NRR C. Evans, RII/RC J. Vorse, OIFO/RII

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