ML20029C040

Responds to 910104 Request for Permission to Attend 910208 Enforcement Conference Re NRC Investigation Findings That Senior Util Manager Discriminated Against Two Former Employees Represented by Law Firm

ML20029C040
Person / Time
Site:	Crystal River
Issue date:	01/18/1991
From:	Jenkins G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Putney L PUTNEY, L.D.
References
NUDOCS 9103250155
Download: ML20029C040 (2)

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JAN 1 8 591 Mr.. Louis D. Putney Attorney at Law 4805 S. Himes Avenue Tampa, Florida 33611

SUBJECT:

ENFORCEMENT CONFERENCE WITH FLORIDA POWER-CORPORATION This responds to your January 4,1991 letter to Stewart D. Ebneter, Regional Administrator.

You requested permission to attend the enforcement conference that we have scheduled with Florida Power Corporation regarding NRC investigation findings that a senior Crystal kiver manager discriminated against two former employees whom you represent. The enforcement conference is now scheduled to be

' held on February 8, 1991.

As stated in the ? General Statement of Policy and Procedure for NRC Enforcement

. Actions,"-(Enforcement Policy), 10 CFR Part 2, Appendix C, enforcement L

conferences are normally closed meetings between the NRC and licensee.

Enforcement conferences-are held' following completion of inspections and/or investigations to provide the licensee the opportunity to address facts, clarify issues, and respond to findings before the NRC initiates enforcement action.

-Licensees are expected to address the apparent violations, their causes, the surrounding circumstances, and the corrective actions planned or taken. We are concerned-that the effectiveness of these conferences will be reduced if persons other than those from the licensee's organization attend the conference because licensees may be less-forthcoming in their di3cussions of health and safety

. issues. Therefore, the staff practice has been to minimize non-licensee attendance.- In accordance with this practice, your request to attend the subject

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meeting is respectfully denied.

.Your le_tter _ suggested that without attendance by you or'your clients, _ the-NRC may

_not be aware that it is receiving false or misleading information associated with L

this case, in this case, we.-have reviewed the findings and decisions of the

~ Department of Labor and conducted an independent investigation into the merits of the case. The findings suggest that a violation of NRC requirements may have occurred and, therefore, in accordance with our policy, we have scheduled an enforcement conference to discuss these findings with the licensee before initiating enforcement action.

While we understand your concern, given the information that we have obtained and the penalties for licensees providing NRC with false information, we believe that l

an effective conference can be held. However, if you have information that you believe we should consider, please send it to me so that it may be reviewed prior to a decision being made on possible enforcement action. My address is:

U. S. Nuclear Regulatory Cunmission Region 11 101 Marietta Street, Suite 2900 Atlanta, Georgia 30323

&'d E b 9103250155 910118 gDR -ADOCK0500g2

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r In addition, if you desire a meeting, we would be pleased to meet separately with you at the Region 11 office in Atlanta on a date prior to the enforcement conference.

Please contact me at (404) 331-5505 if you wish to set up such a meeting.

Finally, I believe that references in your letter to compensation and victims rights warrant comment.

All issues of compensation, daniages, etc., are within the jurisdiction and responsibility of the Department of Labor.

The NRC has the authority to take appropriate enforcement action against NRC licensees when we determine that a violation of NRC requirements has occurred, not to compensate wronged employees.

Sincerely, Original Signed by, G. R, JenUni George Jenkins, Director Enforcement and Investigation Coordination Staff cc: Mr. Percy M. Beard, Jr.

Senior VP, Nuclear Operations Florida Power Corporation P. O. Box 219-NA-21 Crystal River, FL 32629 bcc: J. Lieberman, OE Nfublic Document Room EICS case file

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