ML20055E241

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Forwards Synopsis of NRC Investigation Rept 03-85-18S. Licensee Will Be Notified of NRC Decision Re Enforcement Action Based on Findings Concerning Violations
ML20055E241
Person / Time
Site: Braidwood  
Issue date: 06/29/1990
From: Greenman E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Reed C
COMMONWEALTH EDISON CO.
References
NUDOCS 9007110205
Download: ML20055E241 (3)


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-Docket No. 50-456 T'

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-' ATTN:: Mr. Cordell Reedi.

. Senior Vice President p N:.

' Post Office 1 Box 767

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Gentlemen:-

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.Thistrefers_to an investigation performed by the NRC Office'of Investigations-4

(01) at your facility.. A copy of the synopsis of Investigation Report 03-85-185 is enclosed with this letter for your information.

During.this investigation =

certain of your activities appeared to be in violation of NRC. requirements.

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- You' will be notified by separate correspondence of our decision'regarding, 2:

enforcement action based on the findings of this inspection..No written i<

response is required until you are notified of the proposed enforcement action.1

.In accordance with 10' CFT 2.790 of the NRC's " Rules and Practices," Part 2, Title 10, Code of Federal Regulations,'a copy of' this. letter and enclosure L

. ill be placed in the NRC Public Document Room..

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']f you have any questions regarding-the aforementioned matters, please contact Martin Farber of my staff at 708-790-5500.

Sincerely, i

thTginaT UTgned by E. 0 Greenun l,

4 Edward G. Greenman, Director Division of Reactor Projects' s

Enclosure:

'.01 Investigation Report 03-85-18S Synopsis.'

i See> Attached Distribution h,.L..,

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F SEE ATTACHED CONCU8RENCE

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Docket-No. 50-4561 Docket No. 50-457.

Commonwealth Edison Company l

. ATTN:; Mr. Cordell Reed.

i Senior-Vice President

. Post Office Box 767.

. Chicago,LIL :60690-

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W l Gentlemen:-

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' Tliis' referst to an investigation performed by the NRC Office of -Investigations.

(01) at your facility..A copy of the synopsis of Investigation _ Report 03-85-185 is ' enclosed with this letter for your information. During this investigation,

.y certain.of your' activities appeared'to be in violation of NRC requirements.

You will:be notified by separate correspondence of our decision regarding-enforcement' action based on:the findings of this inspection.

No written L

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response is required'until you are ' notified of the' proposed enforcement action'..

1 In accordance with 10 CFT 2.790 of the NRC's " Rules and Practices," Part 2,

- Title 10. Code of Federal' Regulations, a copy. of this letter and ' enclosure will:be placed in the NRC'Public Document Room, t

'If.you have-any questions regarding the aforementioned matters, please contact

-Martin;Farber of nty staff.at 708-790-5500.

Sincerely, b

Edward G.;Greenman, Director Division of Reactor Projects

Enclosure:

.01 Investigation Report 03-85-185 cynopsis

.See Attached Distribution-

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F o r6e '/bi..

o Pml1 Shafer Greenman g

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pp's 3 h4 SYNOPSIS

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. On November' 7,1985; the NRC Region ~111:(NRC:RIII) Regional Administrator t

requested that the NRC Office of Investigations (01:Rlli) investigate an i

allegationthataSargent.andLundy(S&L)'engineeremployedat:theBraidwood-

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1 1 Nuclear Power Station (Braidwood) was terminated af ter identifying 1

l deficiencies at that facility. 01: Rill opened a case on November 18, 1985, andiadministratively closed that case on. April 22, 1988, due to a lack of

.f investigative resources.-

NRC: Rill' then requested that Commonwealth Edison Company (CECO) respond to the 1

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alleged employment discrimination at Braidwood. On July 20, 1988, CECO E

. provided an' interna 1' investigative report of the discrimination matter.

i prepared in September 1985', which concluded that no discrimination occurred with regard to the employment tennination.

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.On November 1,.1988. the NRC: Rill Regional. Administrator requested that OI: Rill reopen the investigation of the employment discrimination allegation.

The OI: Rill staff concluded after reviewing the_ CECO internal investigation of-

~ the allegation, that although it appeared the termination was not j

discriminatory, it did appear. the transfer of the S&L engineer 'from the Braidwood project may_have been retaliatory and was done at the request of-the

Braidwood station manager.-

This investigation has. developed evidence indicating that employment.

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discrimination did occur when the S&L engineer was removed from the Braidwood project because of that engineer's identification of deficiencies with the concrete structures at Braidwood. Apparently some contractor personnel held thelview that the S&L engineer would possibly identify numerous other concrete defects because of that. individual's expertise in concrete technology and concrete repair _ programs.

This investigation has developed evidence which suggests that three or more Newberg Construction Company:(Newberg)' employees conspired to arrange for the removal of the S&L engineer from Braidwood by proposing to Ceco management that a personality conflict-existed between the S&L engineer and certain i

Newberg engineers, and that a nonproductive environment would exist as long-as

that S&L engineer continued to work at Braidwood.

The investigation disclosed q'

that the S&L engineer had recently identified a number of concrete Ldeficiencies while assigned to review the adequacy of the' concrete:at 1

Braidwood. It appeared to-those particular Newberg employees that unless the 1

S&L engineer was removed from the project, that engineer's actions might lead to identification of additional deficiencies.

a The CECO 'Braidwood project manager unknowingly acted upon the misinformation provided by Newberg and requested that S&L remove their concrete technologist from Braidwood.

-l Case No. 3-85-018S 1

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