ML20029E411
| ML20029E411 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 05/16/1994 |
| From: | Gray J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Crawford A PUBLIC SERVICE CO. OF COLORADO |
| References | |
| EA-92-152, NUDOCS 9405180256 | |
| Download: ML20029E411 (4) | |
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LO U(
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j,)[ @..d gi p j NUCLEAR REGULATORY COMMISSION E
UNITED STATES l
% v4 8 W ASHINGTON, D.C. 20555-0001 j
MYI6 $
l Docket No.
50-267 License No.
DPR-34 EA 92-152 Public Service Company of Colorado ATTN:
A. Clegg Crawford, Vice President Electric Production Post Office Box 840 Denver, Colorado 80201-0840
SUBJECT:
PROPOSED CIVIL PENALTY (EA 92-152)
This is in reference to your letter dated November 10, 1993, and a follow-up letter dated January 6, 1994, in which you responded to the NRC's Notice of Violation and Proposed Imposition of Civil Penalty ($80,000) issued on October 13, 1993. The NRC's proposed enforcement action was based on a conclusion that Public Service Company of Colorado (PSC) violated 10 CFR 50.7 when it discharged a contract radiation protection technician for raising concerns about compliance with internal procedures.
In a separate letter dated November 10, 1993, you also responded to a Demand for Information which was included with the proposed enforcement action and required PSC to provide a basis for continued confidence in the PSC manager who made the decision to discharge the contract employee.
With regard to the proposed civil penalty, you denied the violation and requested, in the event that the NRC did not agree to rescind the violation, that the NRC consider mitigating details in determining whether a civil penalty should be assessed for the violation.
Although PSC did not provide any information that the NRC had not previously considered, the NRC has reconsidered its proposed enforcement action in light of a recent study of NRC's programs for protecting individuals from unlawful discriminatory actions.
Based on the NRC's evaluation of this study, which was published in January 1994 as NUREG-1499, as well as a reconsideration of the use of the civil penalty adjustment factors for violations involving discrimination, the NRC has concluded that its Enforcement Policy (10 CFR Part 2, Appendix C) should be applied so as to encourage licensees to settle complaints filed with the U.S. Department of Labor (DOL) before an evidentiary hearing is held and that the NRC should consider, as appropriate, good past performance as described in Section VI.B.2 of the Enforcement Policy in assessing civil penalties for discrimination violations.
Based on these conclusions, the NRC has reassessed PSC's corrective M.ons following a complaint being filed with the DOL by the contract radia
.n protection technician, and has reassessed PSC's prior performance in tnis 170C00 i
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of Colorado specific area of concern, i.e., PSC's record of providing an atmosphere in which individuals feel free from retaliation for raising concerns about safety or compliance.
We note that PSC entered into a settlement agreement with the individual prior
a D0L evidentiary hearing, and that shortly after receiving notice of the dvidual's complaint, you sent a memo to all nuclear operations personnel rming their right and responsibility to raise safety concerns, their authority to stop work if it was not being done in accordance with regulatory or procedural requirements and their right to inform the NRC if they believed their complaints to management had not been adequately addressed.
With regard 'o PSC's prior performance, we note that the complaint in question is the on1 complaint of this type, filed against PSC to date despite, as you noted
- January 6,1994 letter, the fact that more than 650 contract and company employees have been laid off since August 1989 when the Fort St.
Vrain facility was permanently shut down.
Based on our reassessment of this information, the NRC has determined that the proposed civil penalty should be fully mitigated.
However, the NRC was not '
persuaded by PSC's arguments that the violation did not occur and, therefore, will not rescind the Not'ce of Violation.
In addition, we note that PSC makes the point % its January 6,1994 letter that the complainant's concerns did not invo
- afety issues.
We remind PSC, as.we did during the enforcement conferenct, that individuals are protected from retaliation whether or not their concerns involve actual safety issues.
The NRC also has reviewed PSC's reply to the Demand for Information discussed above and has concluded that no additional enforcement action is warranted to address the actions of the radiation protection manager who made the decision to discharge the contract employee.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter will be placed in the NRC's Public Document Room.
l Sincerely, 4 ep /. Gray, A ing D' rector l
ffic( of Enfor ent cc:
Public Service Company of Colorado ATTN:
M. H. Holmes Nuclear Licensing Manager 16805 Weld County Road 19-1/2 i
Platteville, Colorado 80651 cc:
See Next Page l
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Public Service Company 3
of Colorado cc: (Con't)
GA International Services Corporation Fort St. Vrain Services ATTH: David Alberstein, Manager P.O. Box 85608 San Diego, California 92138 Public Service Company of Colorado ATTN:
D. D. Hock, President and Chief Executive Officer P.O. Box 840 Denver, Colorado 80201-0840 0'Malley & Associates, P.C.
ATTN:
Salie B. O'Malley 950 South Cherry Street, Suite 520 Denver, Colorado 80222 Chairman
~ Board of County Commissioners of Weld County, Colorado l
Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 Department of Health ATTN:
Robert M. Quillin, Director Radiation Control Division 4210 East llth Avenue Denver, Cclorado 80220 Colorado Public Utilities Commission ATTN:
Ralph Teague, P.E.
1580 Logan Street OL1 Denver, Colorado 80203 Commitment Control Program Coordinator Public Service Company of Colorado 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 3
s.
Public Service Company of Colorado 110 DISTRIBUTION:
PDR SECY CA JTaylor, EDO JMilhoan, DEDR JLieberman, OE WRussell, NRR LChandler, OGC JGoldberg, 0GC Enforcement Coordinators RI, RII, RIII, WCF0 BHayes, 01 EJordan, AE90 DWilliams, OiG Fingram, PA EA File DCS RIV DISTRIBUTI0fi:
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