ML20059K520

Demand for Info to Determine Whether Commission Can Have Reasonable Assurance That Other Burns Employees & Managers Will Carry Out Licensed Activities W/O Discriminating Against Individuals Re Safety Issues

ML20059K520
Person / Time
Site:	Prairie Island
Issue date:	01/26/1994
From:	Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20059K449	List: ML20059K439 ML20059K466 ML20059K484 ML20059K502 ML20059K520
References
EA-94-017, EA-94-17, NUDOCS 9402020133
Download: ML20059K520 (5)

Text

.. .

UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Burns International Security -) EA.94-017 '

' Service )

Parsippany, New Jersey )

DEMAND FOR INFORMATION I

Burns International Security Service (Burns) is a contractor for Northern States Power Company (Licensee) who holds Facility Operating License Nos. DPR-42 and DPR-60, issued by the. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on August 9, 1973 and October 29, 1974, respectively. The licences authorize the operation of Prairie Island Nuclear Generating Plant in accordance with conditions specified therein.

The facility is located on the Licensee's site'in Welch, Minnesota.

II On November 5, 1992, Susan Yule, a former-security guard of Burns, filed a complaint with the Department of Labor (DOL),.

alleging that she was discharged on September 3, 1992 for engaging in activities protected under Section 210 of;the Energy .

Reorganization Act (now Section 211). The protected activities included: (1) (n) 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 9402020133 940126 PDR G' ADOCK 050002B2-PDR ki --

. - - - . .~.

3- .

2 l reporting that the security badge issue station had been left unattended.

After a preliminary investigation into the matter, a DOL Area I Director issued a decision on December 4, 1992 concluding that  ;,

Burns would have taken the same unfavorable personnel action regardless of the individual's questions about the security practices. This decision was appealed by Ms. Yule and, following i a hearing, a DOL Administrative Lew Judge (ALJ) issued a l Recommended Decision and Order (DOL Case 93-ERA-012) on-June 24, i

1993 which found that Ms. Yule's discharge was an unlawful act of q retaliation for engaging in protected activities. l l

1

l While the harassment of, and issuance of disciplinary letters to, l Ms. Yule appear to be attributable to several individuals, her discharge was carried out under the authority of upper management in Burns. According to the record established in the DOL ALJ hearing, the Burns Division Support Services Manager' proposed the a

i termination and obtained concurrence in the action from.the. Burns Vice President of Operations for the Utilities Business' Unit and the Burns Labor Relations Manager.

Employees-of licensees and contractors provide an additional' )

means by which potential safety matters can be brought to NRC's attention. In order to ensure that employees are attentive to i

safety issues and are willing to report such matters, the 1

3 licensees and their contractors must create an environment which encourages a free flow of information. When-licensee or contractor employees take actions that discourage such attentiveness and reports, whether such actions involve harassment, intimidation, retaliation, or discrimination such as suspensions or terminations, not only will the individual be silenced, but the entire workforce might be chilled and discouraged from raising safety concerns in the future. When such acts are committed by managers in a position to alter the terms, privileges, or conditions of employment of the individual raising the safety concerns, the chilling effect is especially damaging.

The Burns managers responsible for the decision to terminate Ms. Yule were the Vice President of Operations for the Utilities Business Unit and the Labor Relations Manager who are still employed by Burns International Security Service at the corporate office, and the security lieutenant and the site supervisor.

Therefore, further information is needed to determine whether the Commission can have reasonable assurance that, in the future, these and other Burns' employees and managers will carry out licensed activities without discriminating against individuals who raise safety concerns or otherwise participate in activities protected by Section 211 of the Energy Reorganization Act or the Commission's regulations in 10 CFR 50.7.

4 III In order to determine whether additional enforcement action is 3 appropriate, including action directed to individuals responsible c

for discrimination, you are hereby requested, pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954 as amended, and the Commission's regulations-in 10 CFR 2.204, to .

1 provide the following information to the Director, Office of '

Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. t 20555 within 30 days of the date of this Demand for Information, j i

in writing and under oath or affirmation:

I your basis for concluding that Burns International Security Service managers and supervisors involved in this matter fully understand their responsibilities under NSP's NRC license and NRC's regulations and their obligation to fully comply with NRC regulations and license requirements;-

R l

the steps you have taken to ensure that the Burns International Security ~ Service personnel who were g involved in the discriminatory action that is addressed herein will perform their duties in compliance with the.

Commission's requirements; and the steps you have taken to ensure that managers, I

i I

i ., .. l 5

supervisors, and employees of Burns International Security Service understand their responsibilities regarding the right of individuals to raise safety or regulatory concerns without fear of retaliation or discrimination.

Copies shall also be sent to the Assistant General Counsel for Hearings and Enforcement at the same address and to the Regional-Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois 60532-4351.

After reviewing your response, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.

FOR THE NUCLEAR REGUIATORY COMMISSION

't -

Johd B. Martin Regional Administrator Dated at Lisle, Illinois this g day of January 1994

.- - ._