ML20012F553
| ML20012F553 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 03/08/1990 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Mroczka E NORTHEAST NUCLEAR ENERGY CO. |
| References | |
| NUDOCS 9004160125 | |
| Download: ML20012F553 (3) | |
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I MAR 0 81990 p
Docket No.
50-336 Northeast Nuclear Energy Company ATTN: Mr. E. J. Mroczka i
Senior Vice President - Nuclear i
Engineering and Operations P. O. Box 270 Hartford, Connecticut 06141-0270 g
Gentlemen:
L On September 22, 1989, the U. S. Department of Labor's Wage and Hour Division in Hartford Connecticut received a complaint from an employee of Northeast Nuclear Energy Company at the Millstone Nuclear Power Station Unit 2.
The employee alleged that he was being harassed by being dissimilarly treated from other employees regarding the' crediting of leave time because he had raised safety concerns while performing his duties at Millstone 2.
In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated October 30, 1989, the District Director of the Wage'and Hour i
Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged in a protected activity within the ambit of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprise his complaint.
On October 31,~1989, the U.S. Department of Labor's Wage and Hour Division in i
Hartford Connecticut received a complaint from another employee of Northeast Utilities because he had raised safety concerns while performing his duties.
In response to that complaint, the Wage and Hour Division conducted an investi-gation,'and in a letter dated December 8, 1989, the Area Director of the Wage and Hour Division found that the evidence obtained during the Division's investigation indicated that the employee was engaged in a protected activity l
within the ambit of the Energy Reorganization Act and that discrimination as defined and prohibited by the statute was a factor in the actions which comprised his con. pliant.
On November 17, 1989 the U.S. Department of Labor's Wage and Hour Division in j
Hartford Connecticut, received a compliant from yet another employee of North-east. Nuclear Energy Company at Millstone 2.
The employee alleged that he was the victim of harassment, intimidation and discrimination, because he had raised safety concerns while performing his duties at Millstone Unit 2.
In
. response to that complaint, the Wage and Hour Division secured an employee -
employer conciliation as noted in a letter dated December 12, 1989 from the Area Director of.the Wage and Hour Division.
The NRC is concerned that violations of the employee protection provisions set forth in 10 CFR 50.7 may have occurred and that the actions taken against these employees may have had a chilling effect on other licensee or contractor personnel.
OFFICIAL RECORD COPY MILLSTONE 50-336/1/8/90 - 0001.0.0 03/07/90 9004160125 900308 A
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' Northeast Nuclear Energy Company 2
i We have previously written to you in letters dated June 17, August 3, and August 19, 1988, concerning previous findings by the DOL Area Director that discrimination, as defined and prohibited by the Energy Reorganization Act, was a factor in actions that comprised the complaints of certain individuals. Those letters requested, in part, the actions taken or planned by you to ensure that those employment actions did not have a " chilling effect" in discouraging other employees or contractor employees from raising safety concerns.
Your response i
was provided in your letters dated July 15, September 2, and December 15, 1988.
Notwithstanding those previous findings, as well as your response to our l-previous letters, the recent complaints filed in September, October and November 1989 and the related DOL Area Director findings indicate that discrimination of your employees may be occurring within the Northeast Utilities organization and this may result in other employees not bringing safety concerns to you.
Therefore, 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 actions taken against each of the subject employees discussed in the DOL letters dated October 30, December 8, and December 12, 1989, and includes copies of any investigation reports you have regarding the circumstances of the actions.
s 2.
Describes additional actiens taken or planned, in addition.to those set forth in your July 15, September 2, and December 15, 1988 responses 'to assure that the actions in item 1 above do not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns, and includes a schedule for completing those actions.
After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with our regulatory requirements.
The response requested by this letter is not subject to the clearance proce-dures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
Sincerely, 1
Ordri--1 "! M Byi h
L. l..
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4LLli William T. Russell Regional Administrator l
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0FFICIAL RECORD COPY MILLSTONE 50-336/1/8/90 - 0002.0.0 03/07/90 1
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. l Northeast Nuclear Energy. Company 3
1 cc:
- W.'D. Romberg, Vice President, Nuclear Operations S. 6. Scace, Station Superintendent C. O. Nordquist, Director of Quality Services R..M. Kacich, Manager, Generation Facilities Licensing D. B. Miller, Station Superintendent, Haddam Neck Gerald Garfield, Esquire Public Document Room (PDR)
Local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector f
State of Connecticut bec:
i Region I Docket Room (with concurrences)
Management Assistant, DRMA (w/o enc 1) i DRP Section Chief i
J. Shediosky, SRI Haddam Neck W. Raymond, SRI, Millstone D. Jaffe, LPM, NRR J. Dyer, EDO D. Holody, RI Allegation File Nos. RI-89-A-0133, RI-89-A-0149, and RI-88-A-0040 i
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03/07/90 03Q90 03/V /90 0 /V /90 03/4/90 OFFICIAL RECORD COPY MILLSTONE S0-336/1/8/90 - 0003.0.0 03/07/90 i,
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