ML20059B213
| ML20059B213 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/12/1993 |
| From: | Opeka J NORTHEAST NUCLEAR ENERGY CO., NORTHEAST UTILITIES |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20059B181 | List: |
| References | |
| 2.206, B14632, NUDOCS 9310280090 | |
| Download: ML20059B213 (48) | |
Text
o
]
\\
NORTHEAST UTILITIES o.n.r.i Ome... s.io.n su i. a.mn. conn.cueu 9
s',I
.,Yec'*N P O 80X 270 7'*
J
.ac,c,"'.u,,',u,,L...'.*.*,*c"a ',,.,,.,.
H ARTFO AD. CONNECTICUT 06141-0270 k
(203) 665-5000 October 12, 1993 Docket No. 50-245 814632 Dr. Thomas E. Murley U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Dr. Murley:
Millstone Nuclear F'ower Station, Unit No.1 Response to 10CFR2.206 Petition This letter provides the response of Northeast Nuclear Energy Company (NNECO) to the petition dated August 7,1993, filed by Anthony J. Ross, a company employee, requesting NRC action pursuant to 10CFR2.206. The petition was published in the Federal Reaister on September 10, 1993, 58 Fed. Reo. 47769.
NNECO received a copy of the petition on September 8,1993. Mr. Ross maintains that certain NNEC0 managers have violated 10CFR50.5 and 50.7, and has requested that the NRC take enforcement action against NNECO and those managers. We believe that Mr. Ross has misrepresented the facts and that his allegations are without merit.
Anyone has the right to petition the NRC for regulatory action and historically l
such petitions have dealt with technical issues.
It appears from Mr. Ross' petition and other 10CFR2.206 petitions filed recently alleging violations under 10CFR50.5 and 50.7 that some NNECO employees intend to use 10CFR2.206 petitions as an alternative to the filing of allegations with the NRC in confidence. The use of 10CFR2.206 to raise allegations of wrongdoing by individuals presents an unusual challenge and a question of fairness for the NRC and NNECO in that the allegations may remain unaddressed for some period while the public nature of the attack on NNECO's managers generates adverse publicity about them personally and creates tension in the workplace. This is in contrast to the process followed when allegations of wrongdoing are filed with the NRC in confidence and are investigated confidentiall). Thus, a prompt reconciliation of the facts by the NRC is imperative if balance and fairness are to be achieved.
Accordingly, NNECO has determined that it will handle 10CFR2.206 petitions which i
raise allegations of wrongdoing in a proactive manner. The attached " Response l
of Northeast Nuclear Energy Company to the 10CFR2.206 Petition Filed by Anthony J. Ross" is the first product of this approach. As is described in detail in the attached response, no retaliatory acts have been taken against Mr. Ross, and the management actions he has experienced were prompted by his confrontational behavior, which included verbally attacking his supervisor.
9310280090 931022 E
l PDR ADOCK 05000245 N
P PDR W
a Dr. Thomas E. Murley Page 2/814632 October 12, 1993 It is important to the protection of public health and safety and to of HRC-licensed activities that company management exercise uct prerogatives to establish, and require of all reasonable standards of conduct and demeanor.
employees compliance with, such standards, then management is justified When employees fail to adhere to action.
activity" as that term is prescribed in 10CFR50.7.
provides that "[a]n employee's engagement In fact, 10CFR50.7(d) in protected activities does not automatically render legitimate reasons.. him or her immune from discharge or discipline for followed fairly and appropriately in Mr. Ross' case, and thus allegations of discrimination to be wholly without merit.
ound his We are hopeful that the NRC Staff will be satisfied on the basis of o and related attachments that Mr.. Ross' allegations are without m ur response 10CFR2.206 petition should be denied.
We believe that the NRC Staff should rely on the representations made in our 10CFR50.9(a) to be complete and accurate in all material respects response, which are required under that no further inquiry is necessary or appropriate in this matter
, to conclude In an effort to strike the appropriate balance between the compe responsibility--to protect the personal privacy o ss
- response, including the attachments, we are submitting two versions of th document; one for which confidential treatment under 10CFR2 indicated by either " CONFIDENTIAL -- NOT FOR PUBLIC DISCLOSU as printed or "10CFR2.790 MATERIAL" stamped in the upper right-ha for which such treatment is not sought.
and one of the NRC Staff in determining what action to take your Staff call Richard M. 'Kacich at (203) 665-3298.If yo ave Very truly yours, NORTHEAST NUCLEAR ENERGY COMPANY FOR:
J. F. Opeka Executive Vice President 00 BY:
E. A. D~eBarba Vice President cc:
See Page 3
s Dr. Thomas E. Murley Page 3/814632 October 12, 1993 cc:
T. T. Martin, Region I Administrator J. Lieberman, Director, Office of Enforcement B. Hayes, Director, Office of Investigations J. F. Stolz, Director; Froject Directorate 1-4, NRR J. G. Partlow, Associate Director for Projects L. T. Doerflein, Section Chief, Reactor Projects 4A. Region I P. D. Swetland, Senior Resident Inspector, Millstone Unit Nos.1, 2, and 3 t
g Dr. Thomas E. Hurley Page 4/B14632 October 12, 1993 b))IQbYL1 I, Eric A. DeBarba, being duly sworn, depose and state as follows:
1.
I am currently the Vice President - Nuclear, Engineering Services with Northeast Nuclear Energy Company (NNECO).
I am filing this affidavit in support of NNECO's request that its response.tn the 10CFR2.206 petition filed by Anthony J. Ross and sup withheld from public disclosure. porting attachments (NNECO's response) be 2.
NNECO's response contains, among other things, information from the personnel files of NNECO. Such information is utilized by NNECO in making personnel decisions.
Under NNECO policy, this information is confidential and, in NNEC0's view, public disclosure of the information would invade the personal privacy of the individuals.
3.
The personal privacy information contained in NNECO's response is of a type customarily held in strict confidence by NNECO and, to the best of my knowledge and belief, has not been disclosed to the public.
4.
In recognition of the confidential nature of the information, NNECO is also filing herewith a redacted copy of the NNECO response. It is NNECO's position that the redacted version of NNECO's response may be publicly disclosed without violating the personal privacy of any employee.
The above four paragraphs are true and accurate to the best of my knowledge, information, and belief.
Executedthis/
day of October 1993.
I t
hJ Eric A. DeBarba
~
,Y State of Connecticut )
)
ss. Berlin County of Hartford
)
i Sworn an<1 subscribed to before me this day of October 1993.
OlbtAb b%W Notary Public
(/
My Commission expires; 18l3llC17 -
~
.e 4
a Docket No. 50-245 B14632 Attachment A (Redacted Version)
Millstone Nuclear Power Station, Unit No.1 October 1993
.1
~.
=*
4 Anthony J. Ross 165 Pruett Place Oakdale, CT. 06370 August 7, 1993 Mr. James Taylor Executive Director for Operations United States Nuclear Requiatory Commission Washington, D. C.
20555-0001
Subject:
10 CFR 2.206, Request for Enforcement Action and Implementation of 10 CFR 50.5 Deliberate Misconduct Rule
Dear Mr. Taylor:
In accordance with the provisions of the above captioned' references, 1 Anthony J. Ross, an electrician at the Millstone Unit #1 nuclear power plant, at Waterford, Ct. request escalated enforcement action outlined in 10CFR 2.206.
An a protected worker I as further requesting that specific actionn be laplemented against those individuals outlined below i
under the provisions of 10CTR50.5 deliberate misconduct rule.
, ALI.EGED VIOLATIONS
- 1. Inadequate work control practices On thursday May 13,1993 I observed my first line supervisor perforcing work on an Appendix M (FPQA) Emergency light without a vork order.
When I advised his of my concerns regarding work on controlled Nuclear and FPQA Systems he stated "I do not need a work order". In subsequent conversations he emphatically stated "I can do anything I want to".
Purthermore this individual did not posses the requisite guslifications and training required to perform such work. I inf ormed the department manager of my concerns, but no remedial action followed.
i As a result of the above inaction by my department manager, I reported these concerns to the Maclear Safety Concerns Program.
Since my reporting of these concerns, I have been subjected to various acts of harassment, retaliation, and discrimination by my sanager and first line supervisor. These acts have been outlined by me in writing to your Resident Inspector at the Millstone Nuclear Station.
The Nuclear Concerns Program has yet to respond to my complaint, and I continue to be subjected to a daily program of Harassment, Retaliation, And Discrimination.
i EDO --- 009241 l
93090303F7 930901 i
PDR ADOtn 05000243 97,, j g g,
- c.,,,
c POR c
f.
.-, w t*,
c '..( ~~
9
'e
REQUESTED ADTION Issue a severity Level 2 Violation against the department manager and a Severity 14 vel 3 Violation against the first line supervisor in their apparent violation of the provisions of
-j 10CFR50.7.
Institute sanctions against both the manager and the-firstline supervisor for engaging in deliberate misconduct regarding the above situations as cutlined in 10 CFR 50.5.
As verifled by the recent Inspector General's Report and the documented history of Whistleblower complaints as far back as the entrenched and pervasive program of harassment, retallation, and discrimination practiced by Northeast Utilities
- 1987, against those of us raising legitimate safety concerns is alive and well.
In addition to the requested afformentioned sanctions, I request under the provisions of 10 CFR 50.5 that the firstline supervisor be removed from his position until a satisfactory solution to the problem can be achieved.-
nce oly V22 l Anthony J.
as 203-442-4244 c/c Senator Lieberman Mr. David Williams OIG i
Docket No. 50-245 B14632 Attachment B (Redacted Version)
Millstone Nuclear Power Station, Unit No. I his Attachment is being withheld from public disclosure pursuant to 10CFRf.190)
WE NRC STAFF IS CURRENTLY REVIEWING TIE REQUEST TO WITHHOLD THIS ATTACHMENT. THE STAFF HAS NOT YET DETERMINED WFEIHER WIWHOIDING WOULD BE APPROPRIATE PURSUANT 'IO 10 CFR 2.790 October 1993
I 4
9 5
Docket No. 50-245 B14632 Attachment C (Redacted Version)-
. Millstone Nuclear Power Station, Unit No. 1-his Attachment is being withheld from public disclosure pursuant to 10CFR2.790g
'IHE NRC STAFF IS CURRENTLY REVEIWING THE REQUEST TO WITHHOLD THIS'
.i ATTACHMENT. 'THE STAFF HAS Nor YET DEITRMNED WHETHER WITHHOLDING ~
WOULD BE' APPROPRIATE PURSUAtfr 10 10 CFR 2.~790.
i
- uL October 1993 1
'i'l i
l 1
I
i e
l Docket No. 50-245 B14632 Attachment D (Redacted Version)
Hillstone Nuclear Power Station, Unit No. I hs Attachment is being withheld from public disclosure pursuant to 10CFR2.790)
~
N THE NRC STAFF IS CURRENTLY REVIENING EE REQUEST TO WITHHOLD WIS ATTACHMENT. THE STAFF HAS NOT YET DETER'4INED WHE'IIIER WITHHOLDI?G WOULD BE APPROPRIATE PURSUANT TO 10 CFR 2.790.
October 1993 1
)
i 1
4 Docket No. 50-245 814632 Attachment E (Redacted Version)
Millstone Nuclear Power Station, Unit No.1 i
3 October 1993 1
I 1
l h~
MORTHEAST ITTMJ..R5 LE g
L*"' C ' O Z '" ~~
7 SU5"EC
[@d L
'Ta i
September 14,1993 TO:
Tony Ross
.)
/
FROM:
Neil Bergh Manager - Millstone Unit 1 Maintenance (Millstone extension 4212)
SUBJECT:
OBUGATION TO COMPLY WITH SUPERIORS
- REQUESTS The Company recognizes that you have recently engaged in activities that are protected by federal law, including filing a Section 2.206 petition with the NRC.
We want you to know that we fully respect your right to engage in such activitiesT and that we are also committed to ensuring that no actions are taken against
. you because of those activities. It is important that you recognize, in turn, however, that the fact that you have engaged in protected activities does not excuse you from your responsibilities as an employee of the Company.
We want you to know that managers and supervisors at the Company have the authority and responsibility to meet with their employees and direct their activities. In light of last week's incident involving your supervisors request to meet with you in his office, you are expected and required to comply with the request.
We are hopeful that this reminder will be sufficient to encourage you to adhere to your obligation as a Company employee to comply with your supervisors re, quests. For that reason, we have determined that disciplinary action at this time is not necessary. Please be aware, however, that future incidents of this nature would be inconsistent with your duties as an employee and may merit disciplinary action.
If you have any questions about this, I hope that you will discuss them with me.
cc:
Jeff Stevenson T *'"
Docket No. 50-245 814632 4
Attachment F (Redacted Version)
Millstone Nuclear Power Station, Unit No.1 October 1993 i
i 0's/20/93 11:49 S 203 444 3234 UNIT 1 MNTC Q100 2.* 00 4 4
TO:
Nat1 Bergh Maasser, Minmase Unit i 1 Maissenance FROM.
Tany Ram Santian Decedaan 8 1 Maneumancs
$sparsber 19,1993
SUBJECT:
Ohhguticae comply with agaders regaeas I was way aserbed eher receMsg pw seems d Septes&st 14,1993. Iwas veryi me 4by dia memo in wtuch you perceive that I se not Wyti.g wtth my sgiervtant's supsmi Having bass a langtimme employee d Nonheest Unhain (Sosas 10 + years). and I have osvar renued to comply with rupests or orders ensa soy managenwat or aspemmes, indagag tbs 'incidas" yes daad in de
- 7 -
- 14tti assao,Ibeheve pur accusation to be a material thise *=====
Fwthanscru,1 am not swee dasy company policias, dreceives, or,._ '
which regart me to hm closed donnessaings wilk my aspervsman ami mesegueses. I huhsve that the coaguay poEcy is inst the M tom Human appanne, k damas to encourage opus====- and aDoes Air a.,_
Resourous d my c^oicz, to be presset eksag the closed door insedag, Ibst my agardsor i: ;
contrary is year -- inyver m I agredio the regess day espervisor, his I also requessi at that paint to have a witems, or Emman Rascarcos -4
'a passant, esa to easting contammaant c41'eme whicit has amend since sur Aling da assieur comaera wkk the Neolser 8shey Conceras Program.
Aaktmanauy, you men understead abst at eartisr dound daar usadag whh my mapurvisor venuhad in a cas day =T==8a= sad a Oral Rapdmand Diadpitumy Assina la weidag. Iviser ther so be udse d say Sapurvisor, to sosin regsArt a second chand dmor unaning wiscutadRuding as the dght to a wtaums or a Massa Assourass supressatadve s abs masttag. I painand est to yes sud my supervisse ta a esserog en Wedmunday, Saposeber ediites I wen 3d lilm a have a witness or a Hansa Ressurass Aspnesatstive presset er any closed door mastings, and ed not sagdrs winesses ir any other am*=== la est mandas you sud my supervisor agrundthat my rupset was==Ts=hin sad asw J am im possession dyour memo which summe to sins somsttung else. I ssa very condhead by your asses which asses u ne a change inyourviews macs sur sessetsg.
Pudhng tis 6 M M phliciM, EIWarve, of @ W wiGI M sbuar meetings, and sudt appuesema e su emetones. I can ody sesman that this is nautindaa lbr any fbs d the 5scoca l.206 Paddos with the Nuclear Regelsewy can=
oc:P.Seedsud US>5tc.natisans r
Saueur Jessyk m==v===
Mr.a Pau, CEO,NU.
Jeftsenerna 4
i
+,,
f Docket No. 50-245 B14632 I
Attachment G (Redacted Version)
Millstone Nuclear Power Station, Unit No.1 October 1993 t
4
ACP-OA-2.02C Page 3 Re. 30 1.
PURPOSE NOTE The Production Maintenan:e Management System (PSB15) is a complex computer based system which has many functions and capabilities that are used at various levels within the organization.
These functions and capabilities are continuously being changed and updated and therefore cannot be fully described in this procedure. For information concerning the use of computer hardware and detailed descriptions of the PSB15 capabilities. consult the Phih15 User's Guide Edit Indexes.
1.1 Define the process for controlling those aspe:ts of work which are important to Safety, Quality. Reliability and Documentation.
2.
APPLICABILITY 2.1 This procedure APPLIES to. and a Work Order IS REQUIRED for the following work a:tivities.
2.1.1 Work such as Corre:tive or Presentive Maintenance. Modification.
Refueling. Troubleshooting. or Construction which i> performed b; Northeast Utilities or Contractor Personnel on an). of the following:
Installed Plant Equipment or Systems
=
Structures which enclose. Support or Protect Installed Plant Equipment or Systems Security systems or components installed to protect the Nu: lear Plants against the intrusion of perpetrators and contraband.
% hen performance of the work meets anX of the followinc criteria Could affect plant operations Requires equipment isolation and safety tagging Requires NLISCo Plant Quality Services Department control under the Cat.1. FPOA, RWQA, ATWS QA or EEQ program Requires that work performance be documented when no other means of documentation exist.
2.1.2 Work that implements PDCRs.
P 1
ACP-OA-2.02C Page 4 -
Rev.30 2.1.3 Prefabrication of components or pans to be installed in systems or components when work requires & of the following: :'
,i Use of specific Northeast Utilities procedures, such as NL'SCO Welding Manual or NDE procedures.
NUSCo. Plant Quality Assurance-Department control under the
- Cat. I. FPOA, RWOA. ATWS OA or EEO program Work performance be documented when no other means of documentation exist.
2.1.4 Preparation and loading of radioactive material shipments as required per ACP-OA-6.04. " Radioactive Material Shippinc Requirements.
2.1.5 Whenever the Depanment Head deems it is appropriate.
2.2 A Work Order IS NOT REQUIRED for the following work activities:
NOTE Although not required an AWO may be used under these circumstances if deemed appropriate by the Lead Dept. Head.
2.2.1 Work such as Corrective Maintenance. Preventive Maintenance, Modification. Troubleshooting. Testing. and Construction which is performed by Northeast Utilities or Contractor Personnel on 4
Equipment, Systems or Structures which:
ARE NOT installed to directly suppen plant operations y
AND; DO NOT enclose, Suppon or Protect Installed Plant Equipment or Systems AND:
DO NOT affect security systems or components installed to protect the Nuclear Plants against the intrusion of perpetrators and contraband.
1 WHEN performance of the work:
COULD NOT directly affect plant operations AND.
DOES NOT require equipment isolation _or safety tagging.
AND; a
ACP-O A-2.02C Page 5 Rev. 30 DOES NOT require NUSCo Plant Quality Services Depanment control under the Cat 1. FPOA, RWOA, ATWS OA or EEO progrq.
- AND, DOES NOT require that performance of work be documented or other means of documentation are available.
2.2.2 Work performed by Contractor Personnel which meets all of the provisions of Step 2.2.1 and if necessary. IS verified bs Contractor's Quality Assurance Program.
2.2.3 Work such as prefabrication (including PDCR prefabrications of components or parts to be installed in systems or components when the work:
DOES NOT require use of specific Northeast Utilities procedures AND.
DOES NOT require control under the Cat.1. FPO A. RN\\
ATWS OA or EEO program AND:
DOES NOT require the use of Cat.1. FPOA. RWO A. or ATWS materials or parts AND.
DOES NOT require that performance of work be documented I
2.2.4 Plant evolutions performed by Operations Department personnel which:
ARE defined in operating procedures or in special procedures implementing operational activities OR:
IS NOT considered to be maintenance Only these activities are not considered to be maintenance:
Changing strip chart recorders a
Changing light bulbs Setup of leak test equipment Charging of gas bottles Performing routine house heating boiler checks Preloading of system filters
ACP-OA-2.02C Page 6 Rev.30 Changing canridge or bag filters
~~
Cleaning system strainers Transferring new or spent resin Batching boric acid 2.2.5 The SS has overall responsibility for the safe operation of the plant and the health and safety of the public. To meet this responsibility, in emergency situations. may require compensatory -
measures or maintenance work without a WO to miticate the further consequences of the emergency.
2.2.6 Testing conducted in accordance with a PORC approved pro:edure that requires or contains a release for performance by Operations-2.2.7 Plant evolutions performed by Chemistry and Health Physics personnel when:
Obtaining chemical' radiological samples in accordance with PORC/SORC approved procedures.
Operatine Condensate Polishing Equipment in accordance with PORC/SORC approsed procedures.(Chemistry ON1.Y)
Directed by the SS'SCO.
3.
REFERENCES 3.1 PhNS User's GuideEdit Inde.ses 3.2 ACP-2.19, Scaffolding Program 3.3 ACP-QA-2.01A. Radioactive Material and Waste Packaging Shipping and Processing Quality Assurance Program 3.4 ACP-QA-2.02B, Retests 3.5 ACP-QA-2.03A, Non-Cat.1 Welding 3.6 ACP-QA-2.05, Fire Protection Program
. 3.7 ACP-2.05B, Control of Combustible Materials. Flammable Liquids.
Compressed Gasses, and Ignition Sources 3.8 ACP-QA-2.06A, Station Tagging 3.9 ACP-QA-2.07, Control of Special Processes 3.10 ACP-2.09, Enclosed Volume Work Practices I
3.11 ACP-QA-2.16, Nuclear Plant Environmental Qualification Program (NEO 2.21) 3.12 ACP-QA-2.18, ASME Section X1 Repair / Replacement Program
Docket No. 50-245 814632 Attachment H (Redacted Version)
Millstone Nuclear Power Station, Unit No. 1 October 1993 l