ML19324D521
| ML19324D521 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/04/1989 |
| From: | Delcore J AFFILIATION NOT ASSIGNED |
| To: | Carr K NRC COMMISSION (OCM) |
| Shared Package | |
| ML19324D522 | List: |
| References | |
| FRN-54FR30049 AD21-2-56, AD21-2-57, AD21-2-59, NUDOCS 8911200041 | |
| Download: ML19324D521 (36) | |
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- , .. e IS h e ADat-L (mmo c !
JOHN DELCORE f .' '
244 ST. JOHN STREET p ( NEW HAVEN, CT 06511
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October 4, 1989 Chairman Kenneth Carr USNRC of the Commissioners Mail Stop 1149 Washington, DC 20555 RE: Proposed Rules RIN 3150-AD21 Federal Register Volume 54 Number 136 Tuesday,' July 18, 1989
Dear Chairman Carr:
1 that was On or about Apr,il 20, 1989, I presented a proposed statement offered to me to settle a wrongful against W. J Barney Corp. dba Connecticut termination Light and claim Power Co;npany, a copy. of which is attached hereto.
above Onrule September change with 8, 1989 and September 15, 1989, I discussed the members of the Nuclear Regulatory Commission staff on September 15, 1989, a copy and received a letter from Donald R. Haverkamp feel that in light of my involvement of which is attached hereto. I with the proposed rule change is unfairand contactstomade to the Nuclear Regulatory Commission, it of them send me a letter which I September 18, 1989 telling me received on 1989 to make public comment on the proposed rule.that I had until September 18, It is my opinion that the proposed rule of the present existing intent of is a clarification Reorganization Act. Section 210 of the Energy the proposed Mr. Haverkamp, in his letter to me indicated Commission regulations. rule is a clarification of prior Nuclear Regulatory Supplemental Information in the Federal Register of July 18, 1989, indicates that Settlement Agreement affecting employment, a Section 210 employee's access to the which restricts an safety matters is " incompatible" Nuclear Regulatory Commission about with the objectives of Section 210 of the Energy Reorganization Act.
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e Page two October 4, 1989 It is laudable that the proposed rule change clarifies that restricting access to the Nuclear Regulatory Cormission violates the Energy Reorganization Act. However, to the extent that the regulation simply reiterates the current status of the law, it is an attempt by the Nuclear Regulatory Commission to appear to enforce the Energy Reorganization Act by a rule change when the Commission should have already been enforcing the Energy Reorganization Act without need for a rule change.
Current action by the Commission proposing this rule change should not be allowed to hide from the public that the Nuclear Regulatory Commission has not taken corrective action in the past against utilities offering such agreements.
A review of my settlement agreement and proposed agreement offer to Gary L. Johnson by Northeast Utilities, a copy of which is attached hereto, will demonstrate these agreements violate Section 210 of the Ensrgy Reorganization Act. - It is my understanding that its intent is to outlaw any discrimination as a result of making safety complaints to the Nuclear Regulatory Commission.
In a May 4, 1989, Northeast Utilities memo from E. J.
Mroczka, a copy of which is attached, it states that such agreements are standard in the industry. If law firms like Bishop, Cook, Purcell & Reynolds and utility companies are allowed to continue entering into these settlement agreements uncensured, that would violate the spirit of the Energy Reorganization Act and jeopardize the safety of the public.
Further, it is evident that the Nuclear Regulatory Commission has failed in its statutory mandate to regulate the nuclear energy industry. Despite repeated complaints and documentation, as evidenced in the attached newspaper clippings, the Commission continues to find' no inadequacies within the industry. It is ironic to note that Samuel Collins, Deputy Directory of Reactor Projects gave Northeast Utilities a clean bill of health in his September 26, 1989 letter to me, a copy of which is enclosed, where he states in part "On-going review of
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e Page three October 4, 1989 Millstone Nuclear Power Plant performance continues to confirm proper nuclear safety attitudes, and controls and procedures..."
On the same day it was also reported in the press that 6 of the 12 control room operators of the Millstone site, in Waterford, Connecticut, the heart of the system, flunked requalification tests involving emergency simulations.
The actions of the NRC as set forth above endanger the safety of the public rather than protect it and the Commission must be thoroughly investigated and held accountable for it 's '
violation of the public trust.
Sincerely yours, dw John Delcore JD:ag Enclosure
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[,. (202) 376 S7oo Rjt warten s o.acc7 o**6 trLct a csta natl *= un I ~(202)'371-5776 June 27, 1988
.BY FEDERAL' EXPRESS f
[ Airbill No. 7284T66796 ,
Paul Chill',' Esquire .
p Garrison, Kahn,.Silbert & t Arterton *
? .405 Orange Street- ,
'... -New Haven, Connecticut 06511
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Dear Paul:
Enclosed is the settlement Agreement, with attached forms for the withdrawal letter and General Release, that we can offer ,
as the means for resolving Gary Jo,hnson's case short of ;
proceeding with discovery and litigation of his claims. In drafting it, we.tried to satisfy the concerns that you had raised about Mr. Johnsonineeding reassurance about his status as an v z
r employee of Northeast. Nuclear Energy Company and assurances that '
1 he will not be' subject to retaliation as a result of his having filed his section 210' action. At the same time, we drafted the i Agreement:in'such a way as to ensure Northeast that Mr. Johnson's '
claims are extinguished and that Northeast will need have no ,
concern about having 'to litigate the issues raised in Mr.
Johnson's complaint before the Department of Labor or in any other collateral forum.
one' other thing that I should mention is that the Secretary of Labor has in some cases required the parties to a settlement :
to submit the agreement itself for review and approval. Because such a requirement in this case would only introduce delay and ;
expenditure of resources on the part of both parties that we ,
would all like to avoid, we have suggested a mechanism for terminating the litigation that we think would minimize the likelihood that the secretary would invoke the review procedure in'this case. Further to the objective of reducing the chance of the case getting held up in some procedural quagmire, you end Ms.
Arterton will need to file your Not. ice of Appearance in the case
- 1 before, filing the letter that is Attachment A to the Agreenent.
POullChill,-Esquiro
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Garricon, Kchn,?Silbert & - - -"
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"' g - lPlease give me a call tometrow (Tuesday) after you have had
- p: an opportunity to review the Agreement so we can assess the appropriateness of postponing the deposition now scheduled for Wednesday.
.- Sincerely, h5&h -
- Richard K. Walker
- Enclosures .
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. SETTLEMENT AGREEMENT This Agreement is made by and between Gary L. Johnson ("Mr.
Johnson"); Jar.ct Bond Arterton, Paul Chill, and Garrison, Kahn, !
- Silbert & Arterton and all its present and former partners and employees (collectively referred to as "the law firm"); and .
Northeast Nuclear Energy Company, a division of Northeast Utilities (" Northeast"). The purpose of this Agreement is to resolve any and all disputes between Mr. Johnson and Northeast that in any way relate to or arise out of, or could have related-to or arisen out of, Mr. Johnson's employment at Northeast through and" including the date of this Agreement, including those events the existence of which led 'to Mr. Johnson's initiation of end/or participation in a proceeding brought against Northeast under section 210 of the Energy Reorganization Act, 42 U.S.C.
55851; by the execution of this Agreement and by the performance of.its terms Mr. Johnson, Northeast, and their respective representatives intend and commit to put these disputes to rest, individually and collectively, for all time.
WHEREAS, Mr. Johnson commenced, on or about April 27, 1988, I an action (No. 88-ERA-32) against Northeast in the United States Department of Labor alleging violations of section 210 of the Energy Reorganizati.on Act, 42 U.S.C. 55851 (hereinafter "the ,
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WHEREAS, Mr. Johnsca has decided that he no longer wishes to pursue the section 210 action, and is prepared in furtherance of
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that decision to file in the U.S. Department of Labor, office of
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Administrative Law Judges, a letter withdrawing his complaint in
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the action and any outstanding claims for sanctions, stating his, j
intention' no longe r to prose . ate ?.he' action, and seeking its f
l dismissal with prejudice; and
'- WHEREAS, Mr. Johnson and Northeast are both desirous of forever ending all present and potential litigation between them in any way relating to- or arising out of Mr. Johnson's employment at. Northeast through the date of this Agreement; and WHEREAS, Mr. Johnson has been and continues to be representedfor purposes of negotiation, finalization and implementation of this Settlement
- Agreement by the law firm, and in the interest of helping Mr. Johnson to realize his objective I of expeditiously concluding the litigation in which he is now or might become involved, the law firm is prepared to undertake responsibility in certain respects for the performance of obligations owing to Northeast and others under the terms of this Agreement; 9 NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:
- 1) Mr. Johnson acknowledges that his complaint in the section 210 action was based on his dissatisfaction with his transfer from a position in the Metrology Laboratory e
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3" at Northeast's Millstone. Nuclear Power Station in mid-I l February of 1988, his performance evaluation in late
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February of 1988, and the fact that he was told at the time that problems with his performance noted in that evaluation would make him subject to a special ,
performance review at some unspecified time but prior to ;
! the time for his next regular annual review. Because of his disagreement with'these actions, Mr. Johnson ]
surmised at the time that they must have sprung from !
l some improper considerations, which he assumed related in some way to his having raised concerns about certain issues that he thought to have nuclear safety implications; and this assumption prompted him to file his complaint in the sect' ion 210 action. . Mr. Johnson now acknowledges, however, that he has no evidence to h
support his assumption. Further, Mr. Johnson no longer objects to his transfer into a position in the Instrumentation and Control Shop at the Millstone Nuclear Power Station and no longer wishes to be returned to his former position in the Metrology Laboratory. Finally, although Mr. Johnson continues to disagree with the ratings that he received in the .
categories of " resourcefulness" and "co.mmunications" in his February, 1988, performance evaluation, he now believes, particularly in light of the acknowledgements and representations of Northeast set forth in paragraph ,
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,_4-2 of this Agreement, that noth1ny in the evaluation,or in his having been told that he would be subject to a
( - special_ performance review was the product of any I
~~..--. l unlawful or improper motive on the part of Northeast's j management. T .
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- 2) Northeast acknowledges that Mr. Johnson's overall performance during the term of his emploinent with t Northeast through the date of this Agreement has been good, that he has made some valued contributions in the
- positions that he has occupied, and that he is regarded by Northeast's management as generally having good fut6re prospects as a Northeast employee. It has been and continues to be the View of Northeast's management that Mr. Johnsen's problems in the Metrology Laboratory
) at the Millstona Nuclear Power Station sprang from a personality conflict with a coemployee, and do not
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reflect negatively on Mr. Johnson's technical abilities and qualifications, rurther, Northeast's management believes that, having been placed in a new position in l vhich the personality conflict that contributed to Mr.
Johnson's earlier difficulties should play no role, he can and will continue to be good employee capable of making valuable contributions to the operation of the Millstone Nuclear Poster Station. As to the ratings in Mr. Johnson's rebruary, 1988, performance evaluation e .
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- 4 with which he disagrees,, Northeast's management . i continues to believe that the ratings represented an
.- accurate reflection of problems that Mr. Johnson was then experiencing, but respects his right to disagree.
, Northeast warrants that 7the disputed ratings have,not affected Mr. Johnson's compensation or other terms and conditions of employment to date, and.will not affect his status as an employee or his terms and conditions of employment in the future, except to the extent that the ratings may have cumulative bearing on any future personality conflicts with coemployees in his new assignment or any subsequent assignments. Northeast has informed Mr. Johnson that it no longer believes that conducting a special revi'ew of his performance on the basis of his rebruary, 1988, performance evaluation is
)' necessary, and hereby confirms its decision in that regard and incorporates said decision as a term of this Agreement. Notwithstanding the foregoing, however, Northeast reserves the right to conduct a special review of Mr. Johnson's performance at any date in the future and on any basis that would be equally applicable to any ,
other similarly situated employee if events transpiring
,' af ter the date of this Agreement suggest a performance ,
or disciplinary problem which, under Northeast's generally applicable personnel policies and practices, e
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e would' ordinarily warrant the' initiation of-a specia.1 7
il review.
3). 'This settlement Agreement does not amount to, and shall not be construed as, an '-idmission . of liability or
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wrongdoing of any kindL on the part of Northeast, or any
- ofLitsl attorneys,'related companies, successors, ,
- assigns, officers, directors, managers, agents, partners, or employees. Likewise, Mr. Johnson's withdrawal of his'section 210 claim and his entering linto this Agreement does not amount to, and shall not.be construed as,.an admission of liability or wrongdoing of an ' kind on the part of Mr. Johnson or the law firm, or any of their attorneys, successors, assigns, agents, g.
partners, or employees.
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I 4) On t e date of Mr. Johnson's execution of this Agreement, the law firm shall file on his behalf with the presiding Administrative Law Judge in the section 210 action a letter in the form prescribed in Attachment A to this Agreement, stating: 1) that Mr. Johnson no longer believes that the facts on which his complaint was based warrant the consumption of resources that adjudication of his complaint would require; 2) that he wishes to withdraw his complaint; and 3) that he would .
like for his complaint to be dismissed with prejudice. ,
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A copy of said letter shall be served on the unders,igned counsel for Northeast by first class mail on the same
- date on which it is filed with the Administrative Law Judge, Upon receipt of the service copy of such letter, counsel for Northeast shall notify the Administrative s.
Law Judge by appropriate means of the fact that Northeast does not object to the withdrawal of Mr.
Johnson's complaint or to dismissal of the case with prejudic h and the f act that Nr,rtheast waives any right to re over against Mr. Johnson fees or other sanctions.
5)
Mr. Johnson and the law firm covenant that they will not ini'iate, t refile or prosecute, or cesse to be initiated, refiled or prosecuted, any administrative or judicial proceeding of any kind in any way relating to or arising
) out of Mr. Johnson's employment at Northetst through and inel ding the date of this Agreement or the conduct of proceedings in the section 210 action.
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Mr. Johnson and the law firm further covenant that they
/7 vill not seek to induce any government agency, court or
.' legislative body to take any action against Northeast based on any of the events leading to h.is commencement of the section 210 action or arising during the course .
of the section 210 action.
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, 7) Mr. Johnson he reby expressly and unqualifiedly voiv,es
- and relinquishes forever any claim for recovery of back
' wages or other employment benefits or relief in any way arising out of or relating to Mr. Johnson's employment at Northeast through and~ including the date of this ,
Agreement.
- 8) Mr.' Johnson shall execute, contemporaneous 1y with his execution of this Agreement, a General Release in the form prescribed in Attachment B to this Agreement,
' releasing f rom liability for any acts occurring up to and including the date of his execution of the General Release Northeast and its attorneys, related companies, successors, assigns, officers, directors, managers, agents, partners, and employees.
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- 9) Northeast agrees and covenants not to suo Mr. Johnson and/or the law firm for malicious prosecution or abuse of process, or in any other manner seek by legal action to recover f rom any of them dr. mages for expenses incurred or injuries sustained by virtue of the filing and prosecution of the section 210 action. Further, Northeast agrees that the fact that Mr. Johnson commenced the section 210 action shall not in any way affect his terms and conditions of employment or his ,
.' future prospects with Northeast.
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- f. ' . 10)' This Agreement shall be binding upon and inure to t,he i b .
- . benefit of the parties, their respective agents,
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representatives, attorneys, successors, and assigns.
.. 'l) In the event that any of-~the provisions of.this
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Agreement shall be held invalid or unenforceable by reason.of any final judicial or administrative ruling, or by reason of any legislation now existing or .
hereinafter enacted, such invalidity or unenforceability shall have no effect on the remaining provisions of the
+ Agreement.
The forep61ng provides the entire Agreement between the parties and this Agreement cannot be modified except by written stipulation signed by all parties hereto. BY AFFIXING BIS SIGNATURE BERETO, MR. JOHNSON WARJ. ANTS THAT BE BAS READ THIS AGREEMENT AND'ITS ATTACBMENTS, THAT BE UNDERSTANDS THEM, THAT BE e
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ATTACHMENT A 4 .
=fl 1988 June ,
The Honorable Chester'Shatz Boston District Chief Judge Of fice of Administrative Law Judges RE: Johnson v. Northeast U.S. Department of Labor Nuclear Energy Comoany, .
John W. McCormack Post Office Case No. 88-ERA-32.
and Courthouse ,
Room 409 Boston, Massachusetts 02109
Dear Judge Shatz:
in the above-captioned matter, Gary L. Johnson, complainantthe facts on which his complaint has reached the conclusion thatexpenditure of resources on the part das based do notrespondent warrant the and this tribunal that would be of himself, the required if,this matter were to be fully adjudicated. and he Consequently, he has decided to withdraw his complaint, hereby requests that his action be, dismissed with prejudice.
Counsel for respondent Northeast Nuclear Energy Company have '
been apprised complaint, have of complainant's intention to withdraw hisagreed l) any and all claims that respondent might have against complainant for costs or fees incurred in this action.
Respectfully submitted, Janet Bond Arterton Paul Chill Garrison, Kahn, Silbert & .
Arterton 405 Orange Street New Haven, Connecticut 06511 (203) 777-4428 Counsel to Gary L. Jchnson cc: Nicholas S. Reynolds, Esquire Richard K. Walker, Esquire Bishop, Cook, Purcell & Reynolds 1400 L Street, N.W.
Washington, D.C. 20005-3502 Counsel to Northeast Nuclear Ene,rgy Company
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o ATTACHMENT B GENERAL' RELEASE h .
- l In connection with the Settlement agreement executed on behalf of myself and by a representative of Northeast Nuclear Ene rgy Company, a Division of Northeast Utilities (" Northeast"),
on June , 1988, and in consideration for the promises made therein, I, Gary L. Johnson, do hereby release and forever discharge Northeast and its attorneys, related companies, successors,, assigns, officers, directors, managers, agents, partners and employees f rom any an,d all liability arising out of or in any way relating to my employment with Northeast through and including the date of this General Release, and any other" claims or choses in action I might have arising out of any acts or omissions on the part of Northeast, whether known or unknown, that accrued ce were inchoate as of the date hereof. I understand that this General Release resolves and extinguishes '
any and all claims raised in the complaint I have filed with the United States Department of Labor under section 210 of the Energy Reorganization Act, together with any and all claims that I might have asserted in any suit, cause of action, charge of discrimination, or other claims against Northeast or its 4
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related companies, successors, ossigns, officers,,
4 attorneys,
- directors, managers, agents, partners, and employees.
. I turther agree that this General Release shall be binding on myself, my agents, attorneys, representatives, executors, personal representatives, heirs,' successors, and assigns. ,
I hereby acknowledge, that I have read this General Release, discussed-i.t with my attorney (s), and that I fully understand the terms, nature, and effect of the General Release, and have voluntarily and knowingly executed the General Release.
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This ' day of June, 1988.
Gary L. Johnson ,
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County of )
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State of Connecticut )
Subscribed and sworn to before me this day of June, 1988.
Notary Public My commission expires:
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p h STRICTLY CONFIDENTIAL
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t SETTLEMENT AGREEMENT
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This Agreement is made by and between John DelCore ("Mr.
DalCore")', the Law Firm of Pittman, Sheehan, Solomon & Swaine-
.(the " Law Firm"), The Connecticut Light & Power Company ("CL&P"),
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and the W.J. Barney Corporation-("Barney"), hereinafter -
collectively referred to as the Parties. The purpose of this Agreement is to resolve any and all disputes between Mr. DelCore, CL&P, and Barney that in any.way relate to or arise out of, or could have related to or arisen out of, Mr. DelCore's employment by Barney at the Millstone Nuclear Power Station (" Millstone
- Station"); the termination of that employment; any statements made about said employment or the termination thereof; the prosecution or defense of any claims arising out of or relating
'to Mr. DelCore's employment by Barney at the Millstone Station, the termination of that employment, or statements made about said employment.or the termination thereof; and/or any act or omission relating to,the negotiation and implementation of this Agreement;.
by the execution of this Agreement and by the performance of its '
terms, the Parties, and the representatives of each of them, intend 'ind commit to put these and any other potential disputes to rest, individually and collectively, for all time.
WHEREAS, Mr. DelCore commenced, on or about September 30, 1988, an action against CL&P and Barney in the superior court of r
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STRICTLY CONFIDENTIAL Connecticut at New London alleging various violations of law, including wrongful termination, which action was removed by CL&P ,
and Barney to the United States. District Court for the District of Connecticut on or about November 1, 1988 (No. H88-752 (AHN))
(the " Action"); and WHEREAS,fMr. DelCore has decided not to pursue further the aforementioned Action, and in furtherance of that decision has moved in the United States District Court for dismissal of the
t Action, with prejudice; and WHEREAS, the complaint in the Action has been voluntarily dismissed; and WHEREAS, the Parties are desirous of forever ending all present litigation between them, and averting the possibility of any future litigation, in any way relating to or arising out of Mr. DelCore's employment by Barney at the Millstone Station; the termination of that employment; statements made about said employment or the termination thereof; the prosecution or defense of any claims arising out of or relating to Mr. DelCore's employment at the Millstone Station, the termination of that employment, or statements made about said employment or the termination thereof; and/or any acts or omissions relating to the negotiation and implementation of this Agreement; and ,
WHEREAS, Mr. Delcore has been and continues to be represented for purpos'es of negotiation, finalization, and implementation of this Agreement by the Law rirm, and in the interest of helping Mr. DelCore to realize his objective of expeditiously concluding the litigation in which he is now or STRICTLY CONFIDENTIAL might become involved, the Law Firm is prepared to und rtake rosponsibility in certain respects for the performance of obligations owing to CL&P, Barney, and others under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows: ,
- 1) This Agreement does not amount to and shall not be construed as an admission of, and shall not be admissible in evidence to show, liability or wrongdoing of any kind on the part of CL&P, Barney, or any of their attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees.
- 2) Mr. DelCore and the Law Firm covenant that no administrative or judicial proceeding of any kind in any way relating to or arising out of Mr. DelCore's employment by Barney at the Millstone Station; the termination of that employment; statements made about said employment or the termination thereof; the prosecution or defense of any claims arising out of or *
- relating to Mr. DelCore's employment at Millstone Station, the termination of that employment, or statements made about said employment or the termination thereof; any acts or omissions relating to the negotiation and implementation of this Agreement, and/or E .________=-- - _ _ _ ~ _ _ _ _ . _ _ ___
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STRICTLY CONFIDENTIAL any actual or prospective litigation brought or threatened by Mr. DelCore and relating to his 2mployment or the termination thereof is presently pending or will be initiated, refiled, or prosecuted by Mr. DelCore or by anyone acting on his behalf.
- 3) MFJ1DelCore hereby expressly and ungualifiedly waives and i
relinquishes forever any claim for recovery of back wages
'* - or other employment benefits, damages, or legal or equitable - relief of any kind in any vsy arising out of or
' relating to Mr. DelCore's employment by Ba rney at the Millstone Station, the termination of that employment, s.tatements made about said employment or the termination
,t h e r e o f , any acts or omissions relating to the negotiation and implementation of this Agreement, or any other events that occurred prior to or on the date of the execution of this Agreement.-
- 4) Mr. DelCore shall execute contemporaneously with his execution of this Agreement, a General Release in the form prescribed in Attachment A to this Agreement, releasing CL&P, Barney, and any of their attorneys, related companies or organizations, successors, assigns, officers, direc' tors, managers, agents, partners, or employees from all liability arising out of or in any way relating to Mr. DelCore's employment by Barney at the Millstone Station, the termination of that employment,
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STRICTLY CONFIDENTIAL statements made about said employment or the termination thereof, any acts or omissions relating to the negotiation end implementation of this Agreement, or any other events that occurred prior to or on the date of the .
execution of the General Release.
- 5) Within ten (10) business days following the date of execution of this Agreement by all Parties and the General Release by Mr. DelCore, the sum of fifteen thousand dollars ($15,000.00) shall be paid by or in behalf of CL&P and Barney. Such sum shall be paid in the form of a check issued in the name of Mr. Delcore and delivered to Mr. DelCore's, counsel. Mr. DelCore ngrees that the payment of the sum described in this paragraph shall fully satisfy and extinguish any an6 all claims, whether known or unknown, that he may have against CL&P, Barney, or both of them, or against their respective attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees as of the date of the execution of this Agreement. Mr. DelCore further agrees l that the payment of the sum described in this paragraph f shall satisfy fully and extinguish any right or entitlement of Mr. DelCore or of any legal counsel, who t may have provided advice and/or representation in l connection with any claim or potential claim in any way arising out of or relating to events that occurred prior
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STRICTLY CONFIDENTIAL to or on the date of the execution of this Agreement, to recover from CL&P, Barney, or their respective attorneys, l- related. companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees, any costs, expert witness fees, or attorneys' fees incurred incident to such advice and/or '
representation. Mr. Delcore further agrees to indemnify
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CL&P, Barney, and their respective attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or ,
employees, and to hold them harmless against any and all claims, demands, suits, or other forms of liability seeking such costs and/or fees in connection with the provision of advice and/or representation as described ,
above. ,
1 Mr'. Delcore agrees h he will never seek employment 6) with CL&P or Barney, r any of their reisted companies or organizations, suc ss rs or assigns?
- 7) Mr..Dalcore agrees that he will not voluntarily appear as' l a witness or a party in any judicial or administrative ' l J
proceeding ,in which CL&P or Barney or any related companies or organizations is a party in interest and
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that;he_will not do anything t'o encourage , suggest or
'othe rwi sF.1nduce any othe r . par ty ,Ph tto rney , )
adminis.trati.ve.uagency..ar u - . _ . . - - , .a administrative or judicial
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. STRIC Y CONFIDENTIAL ,
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tribunal to. contact involve, or call Mr. DelCore as a '
witness or to join Mr. De1 Core as a party in such proceeding. Mr. Del, Core further. agrees that if served with compulsory pro.c.eys. seeking to compel _his appearance or joinder in such a proceeding, he will immediately .
notify the-undertitmed. representatives of CL&P and inwritingdkudthere=f&';
Barney, or their successors, -
take ill reay_onah'r :tcp;, includin
,vyc.se by.the representatives of CL&P steps as a - - - _ _
a rney ,. r.o r e sis t Artfr ccapu2 : ry'A.
Notwithstanding any other provision of this Agreement, activities otherwise proscribed in the preceding language '
of this paragraph shall not be deemed to constitute a breach of this Agreement if such activities arise out of, relate to, and concern only events that occur after the is executed by all parties date on which this Agreement i or testimony is and any contact, activity, appearance, j strictly confined to events occurring after the execution of this Agreement by all parties, i
1 Nothing in this Agreement shall be construed to prohibit 8)
Mr. DelCore from personally communicating to the United and any
- States Nucleat Regulatory Commission ("NRC"), ,
is a person who, at the time of such communication, )
the member of the Staff of, and is acting on behalf of, l NRC, any information acquired by him during his employment at the Millstone Station, which relates to any l
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STRICTLY CONFIDENTIAL matter at the Millstone Station that Mr. De1 Cote in good f aith believes could adversely af fect the public health
.and_ safety, so long as the purpose-of such communication is to provide the NRC with information necessary to the discharge of its duties to ensure that nuclear power plants are constructed and operated safely. In the event that Mr..DelCore deen's it necessary to make such communications to the NRC, he shall refrain from doing so in such a manner calculated or foreteeably likely to have
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.the effect of bringing that fact or substance of such communications to the attention of any party other than the NRC, except that Mr. DelCofe_Edaff net be responsible for disclosures made by the NRC itself unless he rffirmatively induces the making of such disclosures.
- 9) In response to inquiries and unless otherwise authorized by Mr. Delcore or compelled by law or compulsory process, neither CL&P'nor Barney will provide any information about alt. DelCore or his employment by Barney at the Millstone station other than the dates of his employment t and the job title in which he was employed. Nothing in this paragraph shall be construed, however, as in any way
- limiting CL&P or Barney with regard to providing information to federal, state, or local regulatory or tax authorities. .
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STRICTLY CONFIDENTIAL .
- 10) Mr. DelCore agrees that, except as stherwise provided in paragraph 8 of this Agreement, he will not make any public stateraent or ' statements to any individuals or entities not pr-ty to this Agreement containing any ,
allegation e accusation or intimation of wrongdoing of any kind on the part of CL&P, Barney, and their respective .
attorneys, related companies or organizations, successors, assigns, officers, directors, managers, .
agents, partners, or employees, relating to: (a) iny ,
matters of which Mr. DelCore acquired knowledge while employed by.Barney at the Millstone Station; (b) fir # ,
DelCore's employment at the Millstone Station; (c) the termination of that employment; (d) statements made about said employment or the termination thereof; (e) the prosecurion or defense of any claims arising out of or relating to Mr. DelCore's employment at the Millstone Station, the termination of that employment, or statements made about said employment or the termination ,
thereof; or (f) any acts or omissions relating to the negotiation and implementation of this Agreement. Mr.
De1 Core further agrees that he will not in any way disclose that he has entered into a settlement or the .
- terms of this Agreement to any person, except as specifically provided below. Should Mr. DelCore disclose either the fact of settlement or the terms of this Agreement or make any statement proscribed by the terms of this paragraph to any person prior to January 1, 2004, e -
97 - . . . .
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7 STRICTLY CONTIDENTIAL any_such disclosure shall be deemed a material breach of this Agreement, relieving CL&P and Barney of any and all obligations running to Mr. DelCore under this Agreement, and creating in CL&P and Barney the right to recover an amount equal to one-half the amount paid to Mr. De1 Core pursuant to this settlement, or actual damages plus attorneys' fees, whichever amount is greater. For purposes of this paragraph, the Parties agree as follows:
r a) I" Disclosure" of the terms of this Agreement means any
' verbal or written communication describing the terms of this Agreement, including the use of such >
adjectives as " generous," "large," and " substantial,"
or words of description to similar effect, and includes making this Agreement or a copy of any portion thereof available to any person or entity; b) Disclosure of the terms of this Agreement or the making of any statement proscribed by the terms of this paragraph by any agent of Mr. De1 Core, including the Law rirm and any agent or employee thereof, to any person, shall be considered a breach of Mr.
DelCore's promise of confidentiality, with the same effect as if Mr. De1 Core himself had made the disclosure; c) Mr. Delcore, the Law rirm, CL&P or Barney shall not be deemed to have breached this promise of confidentiality if any of them is required to disclose the terms of this Agreement or to make any statement proscribed by the terms of this paragraph under compulsion of legal process, provided that when such disclosure is requested, the Party to whom the request is made shall promptly give notice of such request to the other Parties and withhold disclosure until the other Parties have exhausted all lawful means of mpposing such process; and such Party shall ,
cooperate fully with the other Parties in opposing disclosure, including withholding disclosure from any administrative or legislative organ of government if one or more of the other Parties so request until the subpoena, order, or other process seeking disclosure has been judicially enforced and all appeals from such enforcement order have been exhausted or waived.
If there is no objection to compliance with a subpoena or other legal process seeking disclosure or 1 - - - - - - --_- -- - -- - - _ --. ,
5 s . .
l STRICTLY CONFIDENTIAL the-fact or terms of this Agreement, disclosure 5;iall be withheld by the Party Gubject to the'subpocoa or other legal process until written consent to
' disclosure is provided by the other Parties. Consent to disclosure on any occasion does.not represent its l
requests for disclosure. //qq;kg ,y n /w//
o future pk.vegconsent f ,,,y n l
- w. & art h ., = , _ q ada% w o,f r,ty to bay &
d )' Disclosures or statements.by any P N1 '
arbitrator, who has been selected pursuant to W4g,,,((g%- l paragraph 11 of-this Agreement and who has provided il f E ~4e l written assurances of his/her willingness to be bound w.,. .
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by the Parties' agreement that the existence and terms of this Agreement and any dispute arising out ' \\ e/f;,,#"?, i of the Agreement shall remain strictly confidential, ' - -
shall not.be deemed a breach of the. obligation of :
confidentiality imposed on the. Parties by this ,
paragraph. l
'll) Th'e~ sole remedy for an alleged breach of this Agreement shall be through private, binding arbitration in -
accordance with the procedures hereinafter provided:
a) The party commencing the action shall, within thirty '
(30) days after the occurrence of the alleged breach or within thirty (30) days after the allegedly aggrieved party knew or should have known of the alleged breach, whichever is later, request that the American Arbitration Association provide a panel of seven (7) arbitrators to both the alleging party and -
the allegedly breaching party and pay any fee required to obtain such a panel. .
b):Within five (5) business days after receiving a panel of arbitrators from the American Arbitration Association, the party alleging breach shall strike three (3) names from the panel and notify the i allegedly breaching party of the names struck. i Within five (5) business days thereafter, the -
allegedly breaching party shall strike three (3) of the remaining names and notify the party alleging
- breach of the names struck. Within two (2) days after receiving notice of the remaining arbitrator on the panel, the party alleging breach shall rend a letter to the arbitrator thus chosen stating that the ;
arbitrator has been chosen to arbitrate a dispute arising out of an agreement between the parties, the existence and terms of which must remain strictly confidential according to a specific term of this ;
Agreement. The letter shall also ask that the arbitrator either disqualify himself/herself or provide written assurances to both parties that he/she is willing to be bound by the requirement of l
e ,
a ,
- STRICTLY. CONFIDENTIAL confidentiality. A copy of the letter shall be sent to the allegedly breaching party at_the same time as
'the original is sent to the arbitrator.
c).If the arbitrator disqualifies himself/herself, the party alleging breach shall submit a new request,
. including any required fee, for a new panel of seven (7) arbitrators within five (5) days of receiving notice of the disqualification. The procedures set forth in subparagraph b) of this paragraph shall again be followed, and so forth until an arbitrator has been chosen who has agreed in writing to be bound by the requirement of confidentiality.
d) within five (5) business days after receiving written
- notice that the arbitrator has agreed to be bound by '
9 the requirement of confidentiality, the party alleging breach shall send to the arbitrator a complaint, setting forth in clear and concise terms i
- the nature of the alleged breach and the relief sought,- and a true and correct copy of this Agreement,-and request that the arbitrator set a date for hearing the matter within the next ninety (90) days. Copies of the documents sent to the arbitrator pursuant to this subparagraph shall be simultaneously sent to the allegedly breaching party.
e) The hearing before the arbitrator shall be closed to the public and shall be attended only by the parties and their respective attorneys and witnesses. The arbitrator shall order witnesses sequestered at the request of either party. The law of Connecticut shall control with regard to all substantive issues in the proceeding, and the rederal Rules of Evidence shall govern with respect to evidentiary matters. A court reporter shall be present if either party requests of the arbitrator at least ten (10) days in advance of the date on which the hearing is scheduled to commente that the hearing be transcribed. If a reporter is requested, the party making the request shall notify the reporter in writing prior to the hearing that the subject and all issues to be raised in the hearing are strictly confidential, and that '
disclosure of any such matters to any other person is prohibited. At the commencement of the hrsaring and before anything is mentioned in the hearing of the reporter regarding the nature of the dispute or the Agreement out of which it arose, the arbitrator shall inquire of the reporter whether he/she understands that the proceedings are to remain confidential and whether he/she is willing to comply strictly with that requirement. The hearing shall be suspended if the reporter is unwilling to comply with the confidentiality requirement until a substitute reporter who is willing so to comply can be retained.
, I STRICTLY CONFIDENTIAL l The record in the arbitration shall be closed at the '
time that the hearing is concluded, except that the i arbitrator may in his/her discretion require the parties to submit post-hearing briefs if he/she is of the opinion that such briefs will aid in resolution of the matter before him/her.
f) Within sixty (60) days after the close of the hearing i or after the submission of post-hearing briefs if '
such briefs are required by the arbitrator, the arbitrator shall issue his/her findings of fact and ,
conclusions of law. The arbitrator shall be
- empowered only to interpret and apply the express '
terms of this Agreement, and he/she shall not modify, delete or supplement any provision of the Agreement.
If the arbitrator determines that a breach of the Agreement has occurred, he/she shall further be empowered to order the breaching party to cure the breach by acting or refraining from acting as contemplated in the terms of the Agreement and to award actual damages or such other relief as is -
provided for in this Agreement. !
g) The party prevailing under an order issued by an arbitrator acting pursuant to the terms of this paragraph may, within thirty (30) days of receipt of the arbitrator's order, submit to the arbitrator and the losing party a request that costs and attorney's fees be reimbursed by the losing party. Such request shall provide an accounting of the costs an'd fees incurred such as would meet the standards announced by the federal courts for documentation sufficient to permit recovery under federal statutes providing for recovery of costs and attorney's fees. Within fifteen (15) days of receipt of the request for r>1mbursement by the prevailing party, the losing party shall either pay the amount requested or submit to the arbitrator a statement of objections to any portion of the fees and/or expenses that the losing party regards as unreasonable. In the event that objections are filed, the arbitrator shall issue a supplemental order within sixty (60) days after receiving the statement of objections, directing the losing party to pay such portion of the requested fees and costs as the arbitrator finds to be reasonable under the relevant precedents on awards of attorney's fees and costs.
h) The failure to complete an act required of a party by this paragraph within the time specified shall be adjudged by the arbitrator to have constituted a default in the proceeding, unless such default is specifically waived by the opposing party, and the arbitrator shall strike all claims or defenses of l
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STRICTLY CONFIDENTIAL ,
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such defaulting party and enter judgment against such party.
r i)'The the arbitration shall be Voluntary Labor conducted Arbitration in accordance Rules with of the American Arbitration Association and the-rederal Rules of Civil-Procedure to the extent those rules are not '
inconsistent.with the American Arbitration Association Rules.
- 3) The fees and expenses of the arbitrator shall be paid in full by the losing party within fifteen (15) days after receipt of the arbitrator's statement, a copy of which shall be sent to both parties. In the event-that the' losing party should fail or refuse to pay as required by this subparagraph, the arbitrator may request that the prevailing party satisfy this obligation. Within fifteen (15) days of receiving
" such a request, the prevailing party shall pay'the ,
arbitrator's fees and expenses, and shall have the right then to recover treble such amount from the losing party, plus interest and reasonable attorney's
-fees in an appropriate court of law.
j) To all extents and for all purposes not inconsistent with the foregoing provisions of this paragraph, the performance of the parties' obligations under this to the United paragraph shall be enforceable pursuant 1-10. The i States Arbitration Act, 9 U.S.C.
prevailing party in any such action shall be entitled to recover from the losing party or parties costs and reasonable attorney's fees. Any party commencing an-enforcement action pursuant to this subsection shall l take all reasonable steps to ensure that this Agreement and the dispute that is the subjectSuch of the action are not placed in the public record.
steps shall include, at a minimum, a request of the court that the record in the case be sealed.
- 12) This Agreement shall be binding on and inure to the l benefit of the Parties, their respective agents, representatives, attorneys, successors, and assigns.
- 13) In the event that any of the provisions of this Agreement shall be held invalid or unenforceable by reason of any j final judicial or administrative ruling, or by reason of any legislation now existing or hereinafter enacted, such
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' STRICTLY CONFIDENTIAL ,
' invalidity or unenforceability shall have no effect on
.the' remaining provisions of this Agreement.
i The Foregoing provides the entire Agreement between the
^
Parties and this Agreement cannot be modified except by written
~~0tipulation signed by all Parties hereto.
i Date ,
John DelCore 9
h Date
' Robert A. Solomon $
Pittman, Sheehan, Solomon & Swaine t
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Date Richard K. Walker
- Bishop, Cook, Purcell & Reynolds -
Counsel for The Connecticut. Light
& Power Company i
Date James N. Royster !
Michelson, Kane,-Royster & Barger Counsel for W.J. Barney Corporation .
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I ATTACHMENT A GENERAL RELEASE In connection with the Settlement Agreement executed by me, l
.g by my attorneys, and by representatives of The Connecticut Light
&. Power Company-("CL&P") and the W.J. Barney Corporation
("Barney"), on February ,
1989, and in consideration for the promises made therein, I~, John DelCore, uo hereby release and ;
forever discharge CL&P and Barney, and their attorneys, related companies or organizations, successors, assigns, officers, J directors, managers, agents, partners, or employees from any and all liability aris'ing out of my employment by Barney at the Millstone Nuclear Power Station, the termination of that employment, any statements about said. employment ur the termination thereof, or any other claims or choses in action I might have arising out of any acts or omissions on the part of CL&P, Barney, and/or their attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees, whether known or ,
unknown, that accrued or were inchoate as of the date hereof.
1 understand that this GENERAL RELEASE resolves and extinguishes any and all claims of whatsoever nature (whether known or unknown) that I might have asserted in any suit or cause A-1
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J.
p of action, together with any complaints, liabilities, ebligations, promises, agreements, controversies, damages,
' rights, demands, costs, losses, debts and expenses (including .
- attorneys'. fees and costs actually incurred) of any nature
' whatsoever, known or unknown, that I have, own.or hold, claim to have, own or hold, or.that I at any time heretofore had, owned o'r hold or claimed to have, own or hold, or that any time hereafter t-I may have, own or hold, or claim to have, own or hold, against >
cach or any of CL&P, Barney, and their attorneys, related companies or organizations, successors, assigns, officers, ,
directors, managers, agents, psrtners, or employees.
The claims that I am waiving, discharging and releasing I understand to include specifically, but not be limited to, any and all federal, state, and local law claims, whether statutory or common law, including, but not limited to, those under the laws of the State of Connecticut relating to wrongful discharge, protection'of rights of free speech, tortious interference with
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contractual relationships, injuries to reputation, and protection of employees ~from retaliation based on their reporting of alleged violations of law by their employers.
I further agree that this GENERAL RELEASE shall be binding on the undersigned, my agents, attorneys, representatives,
- executors, personal representatives, heirs, successors, and l assigns.
I hereby acknowledge that I have read all three (3) pages of this GENERAL RELEASE, discussed it with my attorney (s), and that i
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. fully- unde rstand . the te rms, nature, and effect of the GENERAL
"' RELEASE, and have voluntarily and knowingly executed the GENERAL
-RELEASE.
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This day of February, 1989.
- John DelCore
,t:
. City of New Haven -)
) ss.
State 'of Connecticut )
Subscribed and sworn to before me this day of rebruary, 1989. .
t Notary Public ,
My_ commission expires:
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e.3st.af.st stot.gs attaC4 Commens ,
k mopt.etast wan g.saev cgwpasa TO: NU Officers May 4, 1989 NEO-89-G-325 hf .
- 1 FROM: E. J. Mrocz a (Ext. 5217)
SUBJECT:
Recent Media Reports Concerning
" Hush Money" Paid By NU There have been a number of media reports recently which may lead one to conclude that NU paid, or offered to pay, " hush money" to a former Millstone employee to get him to drop claims he has made about unsafe conditions at the Millstone Nuclear Power Station. This is absolutely untrue and is a complete distortion of the facts in this matter, and I would like to take a moment to set the record straight.
- 1. John DelCore, the "erployee" in question, was never an HU en.ployee at Millstone or anywhere else in the system. He worked for W. J. Barney Company of Groten, a subcontractor.
- 2. Barney is a general electrical and maintenance contractor principally concerned rith maintenance of non-nuclear related equipment.
- 3. John DelCore was terminated by Barney, not by NU, based upon his work record with them.
- 4. John DelCore has brought a lawsuit against Barney for
" wrongful discharge," claiming he was fired unjustly.
- 5. Since John DelCore was working for Barney at Millstone when he was terminated by Barney, he has named NU as co-defendant in his lawsuit.
- 6. Barney/NU did jointly offer John DelCore $15,000 to settle his " wrongful discharge" lawsuit. Such settlements are common, standard practica in all types of lawsuits as the parties try to avoid the immense cost of such legal action.
- 7. The nondisclosure provision in the proposed Barney/NU -
settlement explicitly stated John DelCore's right to pursue with the United States Nuclear Regulatory Commission (USNRC) any safety concerns he may have about Millstone operations.
0570 REV,7-ef, BMI
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- 8. Barney/NU's latest settlement proposal was made af ter John DelCore including had made a demand whicha we number of other rejected, that hesettlement be demands on NU, permanently hired by Northeast Utilities.
9 The Barney/NU settlement proposals were presented with settlement negotiations would the mutual understanding that be confidential ( standard legal practice) . . This confi-dentiality, obviously, has not been honored.
- 10. Settlement discussions have proven unsuccessful NU plans to and no payment has been made to John DelCore. " wrongful vigorously defend itself against John Delcore's discharge" claims.
S.
- 11. NU is not the target isofour an understanding investigation by a U.
that the It Senate subcommittee.
subcommittee is investigating settlement agreements stations and involving is employees of contractors at nuclear powe,rprohibit employees primarily concerned with agreements thator former employees f rom bri USNRC. Trie propcsed Barney/NU settlement specificallytostates go to that there is no prohibition on John DelCore's right the USNRC.
- 12. Neither Barney nor NU has been asked to testify or in any way participate in the subcommittee investigation. ,
- 13. The investigation by the USNRC into t he claim regarding unsafe conditions at Millstone Nuclear Powe r Station involve nuclear concluded "the alleged activities dio not safety-related work" and "no unsafe work activities were identified."
In closing, I would ask that you reemphasize to all of your people that we remain fully committed to our nuclear safety ethic at NU, and we continue toAny encourage employees implication to bring in the media ,
forth their safety concerns.
that this is not the case is simply not true.
.