ML20042A889
| ML20042A889 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 02/24/1982 |
| From: | Grosso A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Barrett T AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20042A890 | List: |
| References | |
| NUDOCS 8203240245 | |
| Download: ML20042A889 (1) | |
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February 24, 1982 (3ji 7W f
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Thenas F. Barrett, III E
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P.O. Box 264 T
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Dear fir. Barrett:
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co Your letters of January 3,1982 and February 6,1982 to fir. Leonard Bickwit, General Counsel of the fiRC, have been referred to ne for reply.
The Wallace/ Superior Statenent of Policy is presently a subject of active discussion within the NRC. Until that discussion is conplete, I cannot provide you with our views regr.rding your question.
However, I an enclosing a copy of a letter from Mr. James Liebernan, fornerly of this office, to your counsel, !!r. James A. Ilunphrey, responding to a question from him which was of a similar nature.
In this interim period while you are awaiting a fuller answer to your letters, please feel free to contact ne if I may be of further arsistance.
Very truly yours, Andrew Grosso Staff Counsel Rulenaking and Enforcenent Division Office of the Executive Legal Director
Enclosure:
As noted cc: Janes Liebeman, IE Alan Johnson, Region V Distribution NRC Central
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s October 13, 1981 James A. Hunphrey, Esq.
Miles,llay t. Caldart Suite 10 Rainier National Bani: Building Olyinpia, ifashington 90501
Dear Mr. Hunphrey:
Your letter of Septcaber 28, 1981 to this agency's General Counsel has been referred to n;c for reply. You pose an hypothetical question concerning the reporting of defects at a nuclear power plant construction site.
The inportance to the public health and safety, including workers' health and safety, of high quality construction and operation of nuclear plants is difficult to overenphasize.
For this reason the nuclear Regulatory Cornission has always encouraged the free flow of infornation concerning problens or potential problens at nuclear plants.
Indeed, as u_
you nay know, a reces;tly enacted statute (P.L.95-601) cakes it unlawful for an employer to discriminate against a worker for coming forward with safety infornation to the NRC.
Beyond that, such action by an enployer would it.nediately raise a question as to any involved licensee's fitness to hold its URC license.
The Connission recognizes the legitinate reasons underlying enployers-encouraging eq.loyees to report safety infomation to rianagenent.
However, an attempt by "an enployer, contractor, subcuntractor or licensee involved in the construction of a nuclear power plant [to] restrict the reporting by any of their employees to agents or inspectors of the NRC of quality control problens observed by such enployees in the construction of the nuclear plant"--to quote fraa your inquiry--would be viewed by the NRC as contrary to the interests of public health and safety and deserving of swif t renedial action appropriate to the particular circunstances.
Sincerely.
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h James Lieberman Deputy Director,
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Rulenaking and Enforconent Divicina
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