ML20059K466

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:Discharge of Former Security Guard Was Form of Retaliation for Engaging in Protected Activities

ML20059K466
Person / Time
Site:	Prairie Island
Issue date:	01/26/1994
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20059K449	List: ML20059K439 ML20059K466 ML20059K484 ML20059K502 ML20059K520
References
EA-93-192, NUDOCS 9402020108
Download: ML20059K466 (3)

Text

. ,

l NOTICE OF VIOLATION i AND -l PROPOSED IMPOSITION OF CIVIL PENALTY  ;

Northern States Power Company Docket Nos. 50-282; 50-306 Prairie Island Nuclear Generating License Nos. DPR-42, DPR-60 Plant, Units 1 and 2 EA 93-192 Based on a U. S. Department of Labor (DOL) Administrative Law Judge's Recommended Decision and Order in DOL Case 93-ERA-12, dated June 24, 1993, the NRC has determined that a violation of the Energy Reorganization Act of 1974, as amended, and NRC regulations occurred. In accordance with the " Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violation is listed below: ,

Section 210 (now 211) of the Energy Reorganization Act of 1974, i as amended, and 10 CFR 50.7 prohibit discrimination by a Commission licensee, permittee, an applicant for a Commission license or permit, or a contractor or subcontractor of a Commission licensee, permittee, or applicant against an employee for engaging in certain protected activities. Discrimination includes discharge or other actions relating to the compensation, terms, conditions, or privileges of employment. Activities protected by Section 210 of the Energy Reorganization Act of 1974, as amended, (now Section 211) include, but are not limited to, questioning the security practices employed at an NRC  ;

licensed facility.

Contrary to the above, Susan Yule, a former security guard at the Prairie Tsla'nd Nuclear Generating Station and a former employee of Burns International Security Service (Burns), a contractor of the Northern States Power Company, was discharged on September 3, 1992, by Burns. A U.S. Department of Labor Administrative Law Judge issued a Recommended Decision and Order in DOL Case 93-ERA-12 on June 24, 1993 which found that Ms. Yule's discharge was an unlawful act of retaliation for engaging in protected activities.

The protected activities included: (1) on February 19, 1992, raising a question about the posting of an unarmed guard at a containment _ entry point; (2) during March and July 1992, reporting possible regulatory violations to NRC inspectors; and (3) on August 10, 1992, reporting that the security badge issue ,

station had been left unattended. (01013) i This is a Severity Level III violation (Supplement VII). l Civil Penalty - $50,000 l

-l Pursuant to the provisions of 10 CFR 2.201, Northern. States Power Company is hereby required to submit a written statement or explanation within 30 days of the final decision of the Secretary.

of Labor in this case and should include for each allege- I violation: (1) admission or denial of the alleged viola >n ,

(2) the reasons for the violation if admitted, and if denied, the 9402020108 940126 PDR ADOCK 05000282 G PM i

Notice of Violation 2 reasons why. In addition, also pursuant to the provisions of 10 CFR 2.201, Northern States Power Company is required to submit a written statement or explanation within 30 days of the date of this Notice of Violation and should include for each alleged violation: (1) the corrective steps that have been taken and the results achieved, (2) the corrective steps that will be taken to avoid future violations, and (3) the date when fu1] compliance will be achieved. These replies should each be clearly marked as a " Reply to a Notice of Violation". If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued to show cause why the l

license should not'be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232,.

this response shall be submitted under oath or affirmation.

Within 30 days of the final decision of the Secretary of Labor in this case, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, <o r electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of-the civil penalty in whole or in part, by a written answer addressed to the {

Director, Office of Enforcement, U.S. Nuclear Regulatory l Commission. Should the Licensee fail to answer,within the time "

specified, an order imposing the civil penalty will be issued.

Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be. imposed. In addition to  ;

protesting the civil penalty in whole or in part, such answer may  ;

request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C, should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply.by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

• Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of f

5 9

r 9 , g=v p + T y

. .e.  ;

Notice of Violation 3 >

l 10 CFR 2.205, this matter may be referred to the Attorney i General, and the penalty,,unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,-42 U.S.C. 2282c.  !

The response noted above (Reply to Notice of Violation,' letter ,

with payment of civil penalty, and Answer.to a Notice of' '

' Violation) should be addressed to: Director, Office of ,

Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document'  !

Control Desk, Washington, D.C. 20555 with a copy to the Regional  :

Administrator, U.S. Nuclear Regulatory Commission, Region III, J and a copy to the NRC Resident Inspector at the Prairic Island facility.

Dated at Lisle, Illinois this 26 day of January 1994 l

1 i

1 l

.1 l

l i

i I

i

~