ML20058P737
| ML20058P737 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/21/1993 |
| From: | Marien C AFFILIATION NOT ASSIGNED |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20058L997 | List: |
| References | |
| 2.206, NUDOCS 9310250194 | |
| Download: ML20058P737 (18) | |
Text
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48 Muller Drive Westbrook, Connecticut 06498 August 21,1993 i
Mr. James Taylor Executive Director for Operations U. S. Nuclear Regulatory Commission
-l Washington, D.C. 2055-0001
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Dear Mr. Taylor,
I am formally requesting acceleralgal sesessament action agasant Nestheast Utilities in accordance with the provisions set forth in 10 CFR 2.206, citing willful violation of the employee protection provisions of 10 CFR 50.7.
5 I would request and exposeabasyouraAse wWempedNe tNs * ~
% of the following matters and address them appropriately and justly. They are as fouows:
1.
In July 1990, I identified to David Heritage, Manager of Occupational Health for Northeast Utilities and Fitness for Duty Coordinator, that there was agusMontwkh thmandens gn==maarshes.asiassed.ths.ammetforsandeudsusassunskaslutl@ add- '?'+
nasmustemthesaidEst TMumm6asMusammamnRaseereesGroup engdeposadsaweaans ashpsetAmAwat papriolescal ehs.1 amasttushh40EEErste4qmptWr916e9fd1Epessymph 2. This was also illustrated to Gerald Tavares, Information Resources Supervisor. Nothing was done about this for three years.
2.
In January 1993, David Heritage and Bryan W. Cook, a Fitness for Duty Administrator for Northeast Utilities, proposed a new computer system to be used in the execution of the Fitness for Duty program. I, in conjunction with the medical staffs from Connecticut Yankee Atomic Power Company and the NU corporate medical unit, tested the new system with the direct instruction from Mr. Heritage, "..use it while it's in the test mode. Try to violate it. Try what you will.. " This program was tested and subsequently,4massessetemp=mm ef the proposed piugO%2dd" 1;;;2, -
esame m RobertJ. Factora, David l
Heritage, and Bryan W. Cook. I was' told repeatedly to "...just get it done the best you can as this will be going into production by March 1,1993." Tw%gthe theasse _..yMpuy.Omd managemust rampnaaiveness to problems therein omse(en69 tit 7 n!!-questhmebly in violation of 10CFR part 2, supplement VII-Severity CidEgerie!i,W pastM-26.21 (aX1).=
- 3.
Without exception, I have felt that tharsasshepossibeheyefdesa corruption and ca=Maariality brescitby thoas.wish e yeter savvy The FFD Program is built into the PMMS core system and supposedly password protected, yet I breached that password protection on April 13,1993; identified to my director, Robert Factora and was told, " Be sure that you tell David before your meeting so that you won't embarrass him in front of the rest of the staff" David's i
9310250194 930910 ED0 --- 009293 PDR ADDCK 05000245 h3-0I2 D N U, P
response was, "I question your timing, Candy." (The new program was due to go into production on April 15, 1993.) Again, a dydna==* hseekslemn 6 -----*asspeassehausby 6Fhamas kr Duty psegpam 4.
During an NRC Security Audit of Connecticut Yankee Atomic Power Company in May 1993, Ed King, an NRC inspector for Region I, called a meeting with the appropriate personnel to discuss the problems that had been identified to him by myself and Mananne Nericcio. When I 1
walked into said meeting on May 12,1993, Bryan W. Cook, Robert J. Factora, and David Heritage were sitting together. I said " Good moming to them", and ALL THREE of them turned
-l their heads away and did not speak to me. I had previously identified to Mr. King that I feared retaliation by my management, and I seriously, at that particularjunction, felt as ifI should just sit there and be quiet. Ws much too mild a word for the way their actions made me feel.
I was, and still am afraid for myjob.
l 5.
On June 8,1993, at a staff meeting at NU Corporate headquaners, I again voiced my I
concerns about the new fitness for duty computer program and the possibility of data corruption and confidentiality breach. I was verbally attacked by Bryan W. Cook, who screamed at me, "If you hadn't gone to the NRC and all those outside agencies you wouldn't have these problems.
You deserve everything you get." When I asked David Heritage to intervene as I did not wish to sit there and be chastised for engaging in a protected activity, he essentially told me to continue -
l to endure it, as he would decide when to move along in the agenda. I have no doubt in my mind i
that my rights under the Energy Reorganization Act, Section 210 have been violated, nor do I I
have any doubts that the whole episode and the subsequent actions by NU management have had a furthershillinge6mmen me, my peers at that meeting, and the staff which I supervise.
j 6.
On June 24,1993, Marianne Nericcio and I filed a formal allegation with the NRC through Mr. Ed King. H aalling us what to do next. To the day of this letter, there has been absolutelyaussenpuumecer 7.
On two separate occasions, Mr. Robert Zysk from NU's Nuclear Safety Concerns Group has stopped by my office to ostensibly "
. help me work out my problems with Bob Factora..
.so that I don't make him look bad.
I did identify my concerns re the Fitness for Duty computer program to him.
8.
After I filed a complaint with the U.S. Department of Labor, Wage and Hour Division, I r@ theinteroffice mail.
9.
I testified on behalf ofMr. Timothy O'Sullivan and Mr. Donald Delcore before both the U.S. Department of Labor and the NRC Office ofInvestigation during their involvement as i
" whistle blowers" In October of 1992, Robert J. Factora, my immediate supervisor, insisted on transferring the medical records of someone named in one of Mr. O'Sullivan's depositions to the l
Corporate Medical unit over my vehement objections. He told me that he, David Heritage and Jack Keenan had discussed it and decided that it was the best thing to do. When I asked that we bring it up to Stephen Scace for review, Mr. Factora told me that Mr. Scace was too busy to be 1
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bothered with these kinds of things. Is this not whdiurpusimpamen, voluntary or not, in protected activities?
While I understand that my roguesadenummedmum v and subsequent action can have significant impact on your resources, you in the NRC Enforcement section are the only ones that can do something to stop the " chilling effect", harassment, and intimidation that is still widely 1'
practiced at Northeast Utilities. Believe me, the Fitness for Duty program is not the only issue that could be addressed as possible nuclear safety concerns. In my capacity as the Occupational Health Administrator, I have seen and heard things that should, could, and have been investigated to no obvious avail despite that fact that I have brought it up to the appropriate management personnel.
Thank you for your prompt attention to this matter.
Sincerely, bn(d 6b 7
Carmela V. Marien, R.
Occ. Health Administrator Millstone Nuclear Power Station CVM:bb i
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