ML20055H345

Responds to Re Basis for Employment Action Involving Former Util Employee Reporting Safety Concerns. Concurs W/Request to Defer Further Discussion Until Completion of Dept of Labor Process

ML20055H345
Person / Time
Site:	Hatch
Issue date:	06/21/1990
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mcdonald R GEORGIA POWER CO.
References
NUDOCS 9007260082
Download: ML20055H345 (1)

Text

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, JUN 21 1990  ;

Georgia. Power Company ATTN: Mr. R. P. Mcdonald Executive Vice President ,

Nuclear Operations 40 Inverness Center Parkway Post Office Box 1295 Birmingham, Alabama 35201 Gentlemen: ,

SUBJECT:

MARVIN B. HOBBY v. GEORGIA POWER COMPANY (DOL CASE NO. 90-ERA-30)

This letter responds to. your letter dated May 17, 1990, which provided a response to our request for information regarding the basis for the employment action involving a former Geor the. Department of Labor (DOL) thatgia his Power positionCompany (GPC)because employee who alleged to was eliminated he had ,

raised safety concerns while performing his duties at GPC.  !

Our request. which was sent by letter dated April 18, 1990, to Mr. W. G.

Hairston, III, was based upon the findings of the DOL Acting District Director who documented his findings in a letter deted March 26, 1990. Those findings indicated that the former employee was "...a protected employee engaging in  ;

protected activity withis the scope of the Energy Reorganization Act of 1974 and discrimination as defined and prohibited by the statute was a factor in the action which comprise his complaint " Based on additional information, D0L' has subsequently amended their initial finding and concluded in a letter dated May 25, 1990, that the former employee's position "...was eliminated due to a management reorganization,- and management's decisions concerning the reor-ganization were made without knowledge or consideration of [the individual's]

engagement in protected activities."

Based on the current pending status of this matter before DOL Administrative Law Judge J. Williams, we concur with your request to defer further discussion '

of the merits of the discrimination allegation until completion of the D0L t process.

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 Public Document Room.

l l Sincerely, Origim! S!;nd N

?

F' ObOOh St w rt D Ebneter Regional Administrator 1

bec: J. Lieberman, OE J. Goldberg, 0GC J. Partlow, NRR Document Control Desk l'

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