ML20059K502

Notice of Violation of Energy Reorganization Act of 1974 & NRC Regulations.Violation Noted:Discharge of Security Guard Was Unlawful Act of Retaliation for Engaging in Protected Activities

ML20059K502
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-94-016, EA-94-16, NUDOCS 9402020126
Download: ML20059K502 (2)

Text

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l NOTICE OF VIOLATION  ;

Burns International Security EA 94-016 Service .

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, as amended, and 10 CFR 50.7 prohibit discrimination by a Commission licensee, permittee, an applicant for a Commission i 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 employee of Burns International Security Service (Burns) and a former security guard at the Prairie Island Nuclear Generating Station under a contract held by Burns with 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, if93 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)

This is a Severity Level III violation (Supplement VII). {

j Pursuant to the provisions of 10 CFR 2.201, Burns International Security Service 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 alleged violation: (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why. In addition, also pursuant to the  ;

provisions of 10 CFR 2.201, Burns International' Security Service is required to submit a written statement or explanation within 30 days of the date of this Notice of Violation and should 9402020126 940126' PDR ADOCK 05000282 G PDR l l

Notice of Violation 2 ,

l 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 full compliance will be achieved. These replies should  ;

each be clearly marked as a " Reply to a Noticciof 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 additional enforcement' action or 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 th'e' authority of Section 182 of the Act, 42 U.S.C. 2232, -'

this response shall be submitted under oath or affirmation.

The responses noted above should be addressed to: Director,- i Office of Enforcement,,U.S. Nuclear Regulatory Commission, ATTN: ,

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

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

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

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