ML20035A103
| ML20035A103 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 03/19/1993 |
| From: | Milhoan J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Crawford A PUBLIC SERVICE CO. OF COLORADO |
| References | |
| EA-92-152, NUDOCS 9303240066 | |
| Download: ML20035A103 (6) | |
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NUCLEAR REGULATORY COMMISSION E
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MAR 191993 Docket 50-267 License DPR-34 EA 92-152 Public Service Company of Colorado ATIN:
A. Clegg Crawford, Vice President Electric Production P.O. Box 840 Denver, Colorado 80201-0840
SUBJECT:
APPARENT VIOLATION OF 10 CFR 50.7 (01 4-91-019)
This is in reference to an investigation conducted by the NRC's Office of Investigations (0I). The purpose of this letter is to inform you of the NRC's intent to conduct an enforcement conference to discuss an apparent violation of 10 CFR 50.7 identified during the investigation, and to provide the Public Service Company of Colorado the synopsis from Report of i
Investigation 4-91-019. A description of the circumstances leading to the decision to conduct an enforcement conference follows.
On March 29, 1991, the U.S. Department of Labor's Wage and Hour Division in Denver, Colorado, received a complaint from an individual who had been employed by Applied Radiological Control, a contractor to the Public Service Company of Colorado (PSC) at the Fort St. Vrain Nuclear Generating Station (FSV). The former employee, who had worked at FSV as a_ radiation -
protection technician, alleged that PSC terminated his employment at the facility because he had reported radiological safety violations.
In response to the complaint, the DOL conducted a fact-finding investigation and concluded in a letter dated April 21, 1991, that this individual had engaged in a protected activity within the scope of the Energy Reorganization Act, and that discrimination, as defined and prohibited by the statute, was a factor in the actions which comprind his complaint.
PSC appealed this finding to a DOL administrative law judge (ALJ). On August 20, 1991, the ALJ issued a Recommended Decision and Order approving a July 11, 1991 settlement agreement betw^en PSC and the individual. On February 21, 1992, the Secretary of Labor approved the ALJ's recommendation.
The NRC's Region IV office in Arlington, Texas, sent PSC a letter on May 10, 1991, requesting information on this matter to determine whether a violation of NRC's requirements in 10 CFR 50.7 had occurred and what' actions the company had taken or planned to take to ensure that the employment action involving this individual did not discourage other Licensee or contract employees from raising perceived safety concerns.
In a letter dated June 10, 1991, PSC stated that the individual had been one of five contract radiation protection technicians released from FSV in February and March 1991.
Although the letter 9303240066 930319 gDR ADOCK0500g7 i
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MAR I 91993
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of Colorado bcc w/ enclosure:
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,Public Service Company '
of Colorado did not describe the basis for the decision to lay off this individual, the letter implied that this individual was not' laid off for raising radiological safety concerns.
The letter also described PSC's actions -- including discussions at meetings with employees and an April 18, 1991 memo to all nuclear operations employees -- to emphasize the reporting of perceived safety concerns.
In August 1992, the NRC's Office of Investigations (01) completed an-investigation of the circumstances surrounding PSC's decision to lay off this individual and concluded that PSC terminated this individual for engaging in a 4
protected activity, i.e., for reporting potential safety violations to PSC
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management. 01's investigation found that this individual had on more than one occasion complained to PSC management about the performance of a PSC radiation protection technician with respect to radiation safety practices and compliance with procedures. 01's conclusion was based in part on the fact that PSC apparently reversed a March 4, 1991 decision to retain this individual, and included this individual in an upcoming layoff of contract radiation protection technicians shortly after this individual raised concerns.
about a PSC technician failing to comply with an internal PSC procedure
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regarding the storage of potentially contaminated wipe samples. 01 concluded that the decision to terminate this individual's employment was a willful violation of 10 CFR 50.7, which prohibits discrimination for engaging in a protected activity, and referred its conclusion to the U.S. Department of Justice for prosecutorial review.
In January 1993, the Department of Justice informed the NRC that it would not pursue prosecution of this case.
Based on the results of this investigation, one apparent violation was identified and is being considered.or escalated enforcement action in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), 10 CFR Part 2, Appendix C.
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Accordingly, no Notice of Violation is presently being issued for this investigative finding.
In addition, please be advised that the number and 3
characterization of apparent violations described in-the enclosed 1
investigative synopsis may change as a result of further NRC review.
i An enforcement conference to discuss this apparent violation will be i
scheduled in the NRC's Region IV office in Arlington, Texas.
This enforcement conference will be transcribed.
The decision to. hold an enforcement conference does not mean that the NRC has determined that a violation has occurred or that enforcement action will be.taken. The purposes of this conference are to discuss the apparent violation, its cause and safety significance, and to provide an opportunity for you to present your proposed corrective actions.
In addition, this is an opportunity for you to provide l
any information concerning your perspectives on 1) the severity of the~
violations, 2) the application of the factors that the NRC considers when it
_i determines the amount of a civil penalty that may be assessed in accordance
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with Section VI.B.2 of the Enforcement Policy, and 3) any other application of the Enforcement Policy to this case, including the exercise of discretion in L
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- Public Service Company of Colorado accordance with Section VII.
You will be advised by separate correspondence of the results of our deliberations on this matter.
The NRC's May 10, 1991 letter requested copies of any investigation reports PSC had regarding the circumstances of the employment action involving the former contract employee.
PSC's June 10, 1992 letter stated that material responsive to this request could not be released at that time but added, "At the conclusion of this matter, we will be able to further discuss the release of investigative reports involving this case." Now that the DOL process has been concluded, the NRC requests that PSC provide the NRC copies of its investigation reports no later than five working days prior to the enforcement conference.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", a copy of l
this letter and the enclosures will be placed in the NRC's Public Document Eoom.
-i Sincerely, I
g& MC uu
/ James L. MilhE/k:pl
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" Regional Administrd6r l
Enclosure:
As Stated I
i cc w/ enclosure:
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Public Service Company of Colorado ATTN:
Frederick J. Borst facility Support Manager 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 l
Public Service Company of Colorado ATTN:
M. H. Holmes l
Project Assurance Manager 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 s
Public Service Company of Colorado ATTN:
D. Warembourg Decommissioning Program Director
~16805 Weld County Road 19-1/2 Platteville, Colorado 80651 i
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- Public Service Company of Colorado-1 GA International Services Corporation Fort St. Vrain Services ATTN
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 Kelly, Stansfield & 0'Donnell ATTN: Mr. J. K. Tarpey 1225 17th Street, Suite 2600 Denver, Colorado 80202 Chairman Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 1
Regional Representative l
Radiation Programs Environmental Protection Agency 1 Denver Place
-999 18th Street, Suite 1300 Denver, Colorado 80202-2413 Department of Health ATTN:
Robert M. Quillen, Director Radiation Control Division 4210 East lith Avenue Denver, Colorado 80220 Colorado Public Utilities Commission ATIN:
Ralph Teague, P.E.
1580 Logan Street OLI Denver, Colorado 80203
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SYNOPSIS On November 12, 1991, the Regional Acministrator, Nuclear Regulatory Commission (NRC), Region IV, requested an investigation to determine whether Public Service Company of Colorado (PSC) at the Fort St. Vrain (FSV) Nuclear Generating _ Station, intentionally terminated an employee engaged in a protected activity within the scope of Section 210 of the Energy Reorganization Act and if that discrimination, as defined by and prohibited by Section 210, was a factor in PSC's termination of employment.
A Department of Labor (DOL) investigation was cenducted and determined that discrimination, as defined and prohibited by the statute, was a f actor in the termination of the employee by PSC.
The Office of Investigations (01) substantiated the allegation that the Radiation Protection Manager for PSC deliberately terminated a contract health physics technician for reporting potential health and safety issues to his management.
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Case No. 4-91-019 1
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