ML19249B553
| ML19249B553 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 11/20/2019 |
| From: | George Wilson NRC/OE |
| To: | Meier M Southern Nuclear Operating Co |
| Catherine Thompson | |
| Shared Package | |
| ML19249B552 | List: |
| References | |
| 2-2017-004, 2-2017-032, EA-18-130, EA-18-171 | |
| Download: ML19249B553 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 20, 2019 EA-18-130 EA-18-171 Mr. Michael Meier Vice President of Regulatory Affairs Southern Nuclear Operating Company The Energy Center 3535 Colonnade Pkwy Birmingham, AL 35243
SUBJECT:
CONFIRMATORY ORDER AND NRC INVESTIGATION REPORTS 2-2017-004 AND 2-2017-032 - SOUTHERN NUCLEAR OPERATING COMPANY
Dear Mr. Meier:
The enclosed Confirmatory Order is being issued to you as a result of a successful alternative dispute resolution (ADR) mediation session. The enclosed commitments were made as part of a settlement agreement between Southern Nuclear Operating Company (SNC) and the U.S.
Nuclear Regulatory Commission (NRC). The settlement agreement concerns apparent violations of NRC requirements, as discussed in our letters dated May 15, 2019 and June 12, 2019.
Our May 15, 2019 letter provided you with the result of an investigation (2-2017-004) conducted by the NRCs Office of Investigations to determine whether willful violations of NRC requirements occurred at the Vogtle Electric Generating Plant, Units 3 and 4. Based on the results of this investigation, the NRC determined that SNC directed a contract employee at the Vogtle Units 3 and 4 construction site be removed in December 2015, in part, for engaging in protected activity. The contract employee was subsequently terminated by his employer on February 3, 2016. Based on the evidence developed during its investigation, the NRC identified an apparent violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 52.5, Employee Protection, and determined that the apparent violation of 10 CFR 52.5 was willful.
Our June 12, 2019 letter provided you with the result of an investigation (2-2017-032) conducted by the NRCs Office of Investigations to determine whether willful violations of NRC requirements occurred at the Vogtle Electric Generating Plant, Units 3 and 4. Based on the results of this investigation, the NRC determined that a contract employee was removed from the site by an SNC official on July 13, 2017, in part, for engaging in protected activity when he was employed by a different contractor on the site from 2014-2015. The contract employee was subsequently terminated by his employer on July 14, 2017. Based on the evidence developed during its investigation, the NRC identified an apparent violation of 10 CFR Part 52.5, Employee Protection, and determined that the apparent violation of 10 CFR 52.5 was willful.
M. Meier 2
Due to its ability to inspect only a sample of licensee activities, the NRC has placed a high value on nuclear industry employees being free to raise regulatory and safety concerns to the licensee or the NRC without fear of retaliation. Senior executives directly influence a wide group of individuals, making their retaliation against individuals for engaging in protected activity particularly significant. Therefore, the NRC was concerned that both cases involved senior executives directing the adverse action.
In these letters, the NRC offered SNC the opportunity to: (1) attend a predecisional enforcement conference or (2) to participate in an ADR mediation session in an effort to resolve these concerns. In response to the NRCs offers, SNC requested the use of the NRCs ADR process to resolve differences it had with the NRC. In recognition of the substantially similar broad corrective actions expected from the two cases, the NRC and SNC agreed to include both cases in this mediation.
On August 5, 2019, an ADR session was held and a preliminary settlement agreement reached.
The elements of that agreement, formulated and agreed to at the mediation session, are incorporated in the enclosed Confirmatory Order (Enclosure 1). The Confirmatory Order confirms the commitments made as part of the preliminary settlement agreement.
At the mediation session, you agreed that a Confirmatory Order would be issued in settlement of a disputed claim in order to avoid further action by the NRC. In light of the corrective actions you have taken and subject to the satisfactory completion of the additional actions you committed to take, as described in the Confirmatory Order, the NRC will not issue a Notice of Violation for the apparent violations discussed in the NRCs letters dated May 15, 2019, and June 12, 2019, and will not issue an associated civil penalty. The NRC is satisfied that its concerns will be addressed by making your commitments legally binding through a Confirmatory Order. As evidenced by the signed Consent and Hearing Waiver Form (Enclosure 2), dated August 5, 2019, you agreed to the issuance of this Confirmatory Order.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this Order may also subject the person to civil monetary penalty.
Apart from the actions required by the enclosed Confirmatory Order, you are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at the following address: MS O14A50, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Should you have questions concerning the enclosed Confirmatory Order, please contact Catherine Thompson, at 301-287-9515 or John Harrison at 301-287-9452.
In accordance with 10 CFR Section 2.390, of the NRC's Rules of Practice, a copy of this letter and its enclosure(s) will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or
M. Meier 3
safeguards information so that it can be made available to the Public without redaction. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/.
Sincerely,
/RA/
George A. Wilson, Director Office of Enforcement Docket Nos. 5200025, 5200026 License Nos. NPF-91, NPF-92
Enclosures:
As stated cc: (See page five)
M. Meier 4
SUBJECT:
CONFIRMATORY ORDER AND NRC INVESTIGATION REPORTS 2-2017-004 AND 2-2017-032 - SOUTHERN NUCLEAR OPERATING COMPANY DATED: November 20, 2019 DISTRIBUTION:
P. Moulding, OGC L. Bear, OGC M. Kowal, RII B. Hughes, NRR S. Sparks, RII S. Burnell, OPA OE r/f Publicly Available ADAMS Package Accession No.: ML19249B552 Confirmatory Letter: ML19249B553 Confirmatory Order: ML19249B612 FRN: ML19316B432 Waiver Form: ML19323E998 via e-mail*
OFFICE OE/CRB OE/CRB OGC OE/D NAME CThompson DSolorio LBaer*
GWilson DATE 8/30/19 11/19/19 11/19/19 11/20/19 OFFICIAL RECORD COPY
M. Meier 5
cc:
Resident Manager Oglethorpe Power Corporation Alvin W. Vogtle Nuclear Plant 7821 River Road Waynesboro, GA 30830 Southern Nuclear Operating Company, Inc.
Document Control Coordinator Bin N-226-EC 3535 Colonnade Parkway Birmingham, AL 35243 Office of the Attorney General 40 Capitol Square, SW Atlanta, GA 30334 Anne F. Appleby Olgethorpe Power Corporation 2100 East Exchange Place Tucker, GA 30084 County Commissioner Office of the County Commissioner Burke County Commission Waynesboro, GA 30830 Mr. Wayne Guilfoyle Commissioner District 8 Augusta-Richmond County Commission 4940 Windsor Spring Rd Hephzibah, GA 30815 Gwendolyn Jackson Burke County Library 130 Highway 24 South Waynesboro, GA 30830 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission Atlanta, GA 30334 Brian H. Whitley 3535 Colonnade Parkway, Bin N-226-EC 42 Inverness Center Parkway, BIN B237 Birmingham, AL 35243 Mr. Michael Yox Site Regulatory Affairs Director Vogtle Units 3 & 4 7825 River Road, Bin 63031 Waynesboro, GA 30830 Resident Inspector Vogtle Plant Units 3 & 4 8805 River Road Waynesboro, GA 30830 Mr. Barty Simonton, Team Leader Environmental Radiation Program Air Protection Branch Environmental Protection Division 4244 International Parkway, Suite 120 Atlanta, GA 30354-3906 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Co., Inc 3535 Colonnade Parkway Birmingham, AL 35243 Mr. Charles Kharrl Site Vice President Southern Nuclear Operating Co., Inc.
7388 North State Highway 95 Columbia, AL 36319 Mr. Edwin D. (Sonny) Dean Vice President Southern Nuclear Operating Co., Inc.
11028 Hatch Parkway North Baxley, GA 31513 Mr. Keith Taber Site Vice President Southern Nuclear Operating Co., Inc.
7821 River Road Waynesboro, GA 30830
M. Meier 6
Corporate:
Ms. Cheryl A. Gayheart Reguatory Affairs Director Southern Nuclear Operating Co., Inc.
3535 Colonnade Parkway Birmingham, AL 35243 Farley:
Mr. Charles Kharrl Site Vice President Southern Nuclear Operating Co., Inc.
7388 North State Highway 95 Columbia, AL 36319 Hatch:
Mr. Edwin D. (Sonny) Dean Vice President Southern Nuclear Operating Co., Inc.
11028 Hatch Parkway North Baxley, GA 31513 Vogtle Units 1 & 2:
Mr. Keith Taber Site Vice President Southern Nuclear Operating Co., Inc.
7821 River Road Waynesboro, GA 30830