ML20058N337

Discusses Complaint Received by DOL from Former Employee of Stone & Webster Engineering Corp on 930604,alleging Demotion in Work Status Due to Fact That Safety Concerns Raised While Performing Duties at Plant

ML20058N337
Person / Time
Site:	Browns Ferry
Issue date:	08/26/1993
From:	Ebneter S NRC Office of Inspection & Enforcement (IE Region II)
To:	Medford M Tennessee Valley Authority
References
NUDOCS 9310130287
Download: ML20058N337 (4)

Text

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I AUG 26 1993 l

i Docket Nos. 50-259, 50-260, and 50-296-l l.

License Nos. DPR-33, DPR-52, and DPR-68 l

Tennessee Valley Authority ATTN: Dr. Mart 0. Medford Vics President, Technical Support l

3B Lookout Place 1101 Market Street l

Chr.ttanooga, Tennessee 37402-2801 1

Gentlemen:

SUBJECT:

COMPLAINT OF ALLEGED DISCRIMINATION a

On June 4, 1993, the U.S. Department of Labor's Wage and' Hour Division'in' Birmingham, Alabama, received a complaint _ from a former employee of Stone and Webster Engineering Corporation, a Tennessee Valley Authority contractor at 1

the Browns Ferry Nuclear Plant. The former employee alleged that in January i

1993, he was demoted from a foreman to a craft position because he had raised l

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safety concerns while performing his duties at the Browns. Ferry Nuclear Plant.

j In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated-August 4,1993, the Acting District -

t Director of the Wage and Hour Division-found that the evidence obtained during l

the Division's investigation indicated that the employee was engaged in a 1

l protected activity within the scope of the Energy Reorganization Act and that l

discrimination as defined and prohibited by the statute was a factor in the actions which comprised his complaint.

l The NRC is concerned that a violation of the employee protection provisions set forth in.10 CFR 50.7 may have occurred and that the actions taken against l

the former employee may have had a chilling effect on other licensee or i

contractor personnel.

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Therefore, you are requested to provide this office, within 30 days of the date of this letter, a response which:

1..

Provides the basis-for the employment action.regarding the former i

employee and includes a copy of any investigation reports you have regarding the circumstances of the action; and 2.

Describes the actions, if any, taken or planned to assure' that this employment action ~does not have a chilling effect in discouraging other licensee or contractor employees from raising perceived safety concerns.

Your response should not, to the extent possible, include any personal 4

privacy, proprietary, or safeguards information so that it can be released to the public and placed in the NR,C Public Document Room.

If personal privacy i

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9310130287 930826 PDR ADOCK 05000259

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i Tennessee Valley Authority 2

AUG 2 6 1993 i

information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the personal i

privacy-related information and a redacted copy of your response that deletes the personal privacy-related information.

Identify the particular portions of the response in question which, if disclosed, would create an unwarranted invasion of personal privacy, identify the individual whose privacy would be invaded in each instance, describe the nature of the privacy invasion, and indicate why, considering the public interest in the matter, the invasion of privacy is unwarranted.

If you request withholding on any other grounds, you must specifically identify the portions of your response that you seek to have j

withheld and provide in detail the bases for your claim of withholding (e.g.,

i provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).

After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements.

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.

The responses directed by this letter are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

Sincerely, b.0 Stewart D. Ebneter Regional Administrator i

cc:

Office of the President Stone & Webster Engineering Corporation 245 Summer Street Boston, MA 02210-2288 Regional Director i

U.S. Department of Labor /ESA Wage and Hour Division 1371 Peachtree Street, N.E.

Atlanta, GA 30367 cc's con't:

(see next page) l

Tennessee Valley Authority 3

AUG 2 6 1993 cc:

District Director U.S. Department of Labor /ESA Wage and Hour Division Berry Building, Suite 301 2015 Second Avenue North i

Birmingham, AL 35203 R. H. Eytchison, Vice President Nuclear Operations Tennessee Valley Authority 3B Lookout Place 1101 Market Street 1

Chattanooga, TN 37402-2801

0. J. Zeringue, Vice President Browns Ferry Operations Tennessee Valley Authority P. O. Box 2000 Decatur, AL 35602 W. L. Hinshaw, II Office of the Inspector General Tennessee Valley Authority 400 W. Summit Hill Drive 4

Knoxville, TN 37902 General Counsel i

Tennessee Valley Authority ET 11H 400 West Summit Hill Drive Knoxville, TN 37902 Mr. Raul R. Baron 1

Site Quality Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Decatur, AL 35602

bC3 Tennessee Valley Authority 4

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J. Lieberman, OE J. Goldberg, OGC

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J. Partlow, NRR R. P. Rosano, OE.

F. J. Hebdon, NRR T. M. Ross, NRR J. R. Johnson, RII l

P. J. Kellogg, RII L. J. Watson, RII J. Y. Vorse, 0IF0/RII NRC Document Control Desk i

i NRC Senior Resident Inspector i

U.S. Nuclear Regulatory Comission I

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