ML19325D801

Advises That Review of 890314 Response to Request for Addl Info Re Alleged Violation of 10CFR50.7 & Concern That Other Employees May Have Been Discouraged from Reporting Safety Concerns Did Not Reveal Any Subtantive Evidence

ML19325D801
Person / Time
Site:	Vogtle
Issue date:	10/16/1989
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Hairston W GEORGIA POWER CO.
References
EA-89-037, EA-89-37, NUDOCS 8910260187
Download: ML19325D801 (5)

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c' WT 161989 Docket Nos. 50-424, 50-425 License Nos. NPF-68, NFF-81 i

CA 89-37 Georgia Power Company i

ATTN: Mr. W. G. Hairston, III Senior Vice President -

i Nuclear Operations P. O. Box 1295 Birmingham, AL 35201 Gentlemen:

SUBJECT:

ALLEGED WRONGDOING On February 13, 1989, you were requested to provide information regarding employment actions relating to two former employees who had filed a complaint with U.S. Department of Labor (DOL) on November 2,1988, alleging discrimina-tion in violation of 10 CFR 50.7.

Our request for information was based on a letter dated December 2,1988, from DOL to your legal representative which reported the results of DOL's fact-find-ing investigation.

The DOL investigation concluded that those individuals "were protected employees engaging in a protected activity within the scope of the Energy Reorganization Act of 1974 end that discrimination as defined and prohibited by the statute was a factor in the actions which comprise [d] their complaint." This initial finding was appealed by Georgia Power Company and on January 3, 1989, a hearing was conducted before a DOL Administrative Law Judge.

Prior to the conclusion of the appeal hearing, the parties reached a mutually agreeable settlement and the case was subsequently dismissed with prejudice.

In addition to the alleged violation of 10 CFR 50.7, our concern in this matter also involved whether or not a possible chilling effect resulted which could have discouraged other licensee and contractor employees from reporting safety

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concerns.

In addressing this concern, we have reviewed your March 14, 1989 response to our request, as well as other available information, and conclude l

that this matter did not have such a chilling effect.

Further, the results of I

an NRC investigation concerning this matter did not reveal any substantive evidence to support a violation of 10 CFR 50.7.

The investigation also addressed allegations that security violations were l

concealed and disguised to avoid compliance with 10 CFR 73 reportability requirements. Those allegations were not substantiated.

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i Based on the results of our review, we plan no further action. A copy of the investigation synopsis is enclosed for your information.

Sincerely, 1

Original signed by AEGibson l

Stewart D. Ebneter l

Regional Administrator i

Enclosure:

01 Synopsis cc w/ enc 1:

R. P. Mcdonald Executive Vice President-Nuclear Operations Georgia Power Company l

P. O. Box 1295 Birmingham, AL 35201 C. K. McCoy Vice President-Nuclear Georgia Power Company P. O. 1295 Birmingham, AL 35201 G. Bockhold, Jr.

General Manager, Nuclear Operations Georgia Power Company i

P. O. 1600 l

Waynesboro, GA 30830 l

J. A. Bailey Manager 41 censing Georgia Power Company P. O. Box 1295 Birmingham, AL 35201 B. W. Churchill, Esquire Shaw, Pittman, Potts, and Trowbridge 2300 N Street, NW l

Washington, D. C.

20037 J. E. Joiner Esquire Troutman, Sanders, Lockerman, and Ashmore 1400 Candler Building 127 Peachtree Street, NE Atlanta, GA 30303 F

00T 161989 Georgia Power Company 3

n D. Kirkland,111, Counsel 7

Office of the Consumer's Utility Council Suite 225, 32 Peachtree Street, NE Atlanta, GA 30302 1'

Office of Planning and Budget Room 615B

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270 Washington Street, SW Atlanta, GA 30334 4

Office of the County Commissioner Burke County Commission Waynesboro, GA 30830 J. Leonard Ledbetter Director Environmental Protection Division Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 State of Georgia

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'J. Hopkins, NRR K. Brockman, RII Document Control Desk.

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NRC Resident Inspector I

U.S. Nuclear Regulatory Commission P. O. Box 572 i

Waynesboro, GA 30830 j

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