ML20058Q035
| ML20058Q035 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1990 |
| From: | Remick F NRC COMMISSION (OCM) |
| To: | Reid H SENATE |
| Shared Package | |
| ML20058Q037 | List: |
| References | |
| IEB-90-001, IEB-90-1, NUDOCS 9008210054 | |
| Download: ML20058Q035 (3) | |
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August 10, 1990 CHAIRMAN i
The Honorable Harry Reid United States Senate Washington, D.C.
20510
Dear Senator Reid:
I 1 am responding to your letter of June 19, 1990, requesting information regarding the Nuclear Regulatory Comission's (NRC's) process for evaluating safety concerns raised by licensee employees, discriminatory employment practices, and assertions made against employees of the NRC. We believe that our regulatory process is effective in addressing violations of Section 210 of the Energy Reorganization Act.
We see no.need for additional resources or legislation regarding this matter, as we are able to accomplish the NRC mission within the existing regulatory structure.
t The NRC has established an Allegations Management Program consisting of policy and procedures for the receipt, processing, control and disposition of allegations that concern !!RC regulated activities. This program, in conjunction with established regulatory requirements and other NRC activities, ensures licensed activities are regulated in a manner that will provide i
adequate protection for the outlic health and safety.
The agency-level governing documentation for 'the program is NRC Manual Chapter MC-0517, Management of Allegations (Enclosure 1).
Safety concerns are promptly reviewed for safety significance and are subsequently entered and tracked in the Allegation Management System.
Allegation Review Boards, Comittees, and Panels meet regularly to develop strategies, staffing actions, and priorities for addressing allegations.
The priority assigned to resolution is comensurate with the level of safety significance and complexity of an allegation.
The presence of on-site NRC resident inspectors establishes ready access to the NRC for employees who wish to report safety concerns.. In addition, NRC i
regulations delineate certain requirements for the posting of NRC Form 3
" Notice to Employees," which contains information on how to contact the NRC and the U.S. Department of Labor-(DOL).
The NRC'also contacts individuals who have filed a complaint with the DOL to ascertain the scope, details, and confirmation of any safety concerns they might have. Confidentiality may be granted to individuals who request it pursuant to the procedures of NRC Manual Chapter 0517, Part II.
A large number of concerns regarding a single plant may indicate a serious breakdown that requires the NRC to devote attention to a number of related Our Allegation Management System includes measures for all allegations areas.
to be reviewed for possible generic implications to ensure that they will be adequately addressed, n
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The R3norable Harry Reid.
When extended periods of time are necessary to properly address complex issues, the NRC staff will periodically contact the affected individuals to apprise them of the status of our review.
At the completion of our review, all individuals who reported concerns to us are provided with the appropriate closure documentation when their identities are known to us.
Individuals who are dissatisfied with the results of our review and make this dissatisfaction known to us are assured of a re-review of the matter and a determination as to whether additional inspection effort is warranted.
We will send these individuals a further response outlining any additional action that was taken.
As you note, both the NRC and the DOL address discriminatory employment practices against licensee employees who raise nuclear safety concerns, in accordance with Section 210 of the Energy Reorganization Act, the activities of the DOL are focused on providing a remedy to the affected employee. The NRC's activities are focused on the licensee to ensure that employees are free to raise safety issues to both the NRC and the licensee. The NRC has the authority hnd does take enforcement action a 3
against employees for raising safety issues. gainst licensees for discrimination In taking such action the NRC relies on the findings of either investigations conducted by the NRC or the DOL.
The NRC, in accordance with its Memorandum of Understanding with the 00L, normally awaits the completion of the 00L process before initiating an investigation or taking formal enforcement action. However, before making a decision to defer or delay an NRC investigation pending DOL action, the matter is reviewed on a case-by-case basis to determine whether there is a significant issue that requires prompt NRC action.
For example if there are allegations of widespread intimidation or high levels of managem,ent are involved, the NRC will conduct its own investigations.
In addition, in those cases where the NRC defers to the DOL and discrimination is found after the 00L's preliminary investigation, which is required to be completed within 30 days of filing a complaint with DOL, the NRC notifies the licensee of regulatory concerns and requires a statement as to the basis of the employment action and what steps have been taken to ensure that the employment action does not have a chilling effect on employees raising safety issues.
If the NRC is not satisfied with the licensee's response, further action can be taken pending completion of the 00L process.
In the recent past, we recognized a potential for abuse concerning provisions in settlement agreements or other agreements reached during the 00L process which could be interpreted to restrict the settling party or parties from communicating safety concerns to the NRC. Where this was the case, the NRC required the organization to immediately notify the affected party to ignore any restriction that would prevent that party from communicating potential safety issues to the NRC.
The NRC also sent letters to all the individuals involved in these potentially restrictive agreements requesting that they contact us to provide any potential safety issues not previously identified to the NRC in order to ensure that all nuclear safety concerns wculd be properly reviewed and addressed.
impermissibly restrictive settlement agreements.The NRC has also promulgated a rule.to I
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i The Honorable Harry Reid.
Bulletin 90-01 (Enclosure 2), issued by the NRC Office of the Inspector General, defines the scope of protection provided for the identity of individuals who contact the Office of the Inspector General to complait, or )rovide information concerning possible fraud, waste, or mismanagement with:n tie NRC. At the conclusion of the Inspector General's investigation, the results are reported to NRC management, who take whatever action they deem appropriate. Usually, any appropriate personnel actions are not taken until the Inspector General's report has been issued and evaluated.
The Office of the Inspector General and the Office of Investigations are currently investigating matters at the Palo Verde nuclear facility. Therefore, it would not be appropriate to comment on these investigations at this time.
We will provide you with copies of these reports when the investigative actions are completed.
If you have any further questions regarding our processes for managing allegations, I would be pleased to make arranaements for the NRC staff to br4r, you or your staff.
Sincerely,
/
fi M
/'F J. Remick cting Chairman
Enclosures:
" Management of Allegations."
- 2. U.S.N.R.C Inspector General l
Bulletin 90-01, "Confidentia-I lity of Employee Complaints,"
December 15, 1989.
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