ML20059M151
| ML20059M151 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 09/14/1990 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Reed C COMMONWEALTH EDISON CO. |
| Shared Package | |
| ML20059M153 | List: |
| References | |
| EA-88-294, NUDOCS 9010030199 | |
| Download: ML20059M151 (5) | |
Text
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S 3C September 14,.1990?
.o r
Docket Nos. 456 Land 50-457 License Nos. NPF-72 and NPF-77 Construction Permits:
CPPR-132 and CPPR-133 EA 88-294.
Commonwealth'Edii < Company ATTN: Mr. Cordel md Senior Vice i. _ident Opus West III.
1400 Opus' Place Downers Grove, Illinois 60515 i
Gentlemen:
SUBJECT:
NOTICE OF VIOLATION 3-85-018S)
-(NRC 0FFICE OF INVESTIGATIONS REPORT NO.
l This refers to the investigation by the NRC Office of Investigations conducted-t between November 7,1985 to April 22, 1988 and from November 1; 1988 to April.
16, 1990, and reported on April 16, 1990 of activities at the'Braidwo'od: Nuclear t
Generating Station, authorized by NRC' Construction Permits CPPR-132> and
~k CPPR-133 and NRC Licenses NPF-72 and NPF-77.
A copy of-the. synopsis ~of-the-investigation' report was mailed to you on June 29, 1990.
The opportunity to meet'and consider this issue in an enforcement conference was discussed with you on August 24, 1990, and we agreed an enforcement. conference was not necessary. The NRC review of concrete patching and general condition of structural concrete was documented in Inspection Report Hos. 50-456/86020 and s
50-457/86018.
On July 29, 1985, a concrete technologist who had been employed by the Sargent.
and Lundy Company (S&L), the architect-engineer at the Braidwood Nuclear 1
Station, filed a complaint with the U.S. Department of. Labor, all'eging his et.sloyment was terminated by S&L on June 28, 1985, in violation of Section 210 t
of the Energy Reorganization Act of.1974. ;The Wage and Hour Division of = the Department of Labor conciliated the matter.and'a monetary. settlement was reached on September 26, 1985, between S&L and the concrete technologist..
NRC Region III-subsequently requested that the Commonwealth Edison Company _
provide a basis for the employment action 'and. describe -any actions,' either taken or planned, to assure the employment action did not have.a chilling effect in discouraging other employees from raising' safety concerns.
From the information provided by the Commonwealth Edison, Company, in response to NRC Region III's request, it appeared that S&L informed the concrete '
technologist during January 1984 of his potential layoff due to a lack of available work. The information also showed S&L continued the concrete technologist's. employment for approximately 18 months by giving him a variety of short term assignments.
One of those short term activities was his assignment-to the Braidwood Project on January 8,1985, to review concrete repairs identified under the Braidwood Construction Assessment Program (BCAP).
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However, the Comonwealth Edison. Company investigation into the concrete
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technologist's termination found that the Vice President of the Gus K. Newberg Company requested that the Commonwealth Edison Company contact S&L to have the concrete technologist removed from Braidwood. The Commonwealth Edison Company a
investigation found that Newberg management had a negative impression ~of the-i concrete technologist because ci their earlier experience with'him at the Marble Hill project, and that it appeared to the~Newberg Vice-President that the concrete technologist was on a " witch hunt for problems" at Braidwood.'
Based on the information contained in the Comonwealth Edison Company's investigation report, it appeared that the concrete technologist's transfer from the Braidwood Site to the S&L office in Chicago, Illinois, on January 15,1985, may have been in violation of 10 CFR 50.7, " Employee Protection."' As a result,.
NRC Region III requested that the NRC Office'of Investigations (01) conduct an investi ation of the matter._ On April 16, 1990,3 the report of investigation was-issued the synopsis of that report is enclosed).
The 01 investigation concluded that the ultimate termination of.the concrete technologist's employment on_ June 28, 1985, by S&L was not a discriminatory; employment practice.
However, 01 developed information in'dicating that employees of the Gus K. Newberg Company conspired to arrange,for the concrete technologist's removal from the Braidwood_ Project by proposing:to the Commonwealth Edison Company that a personality conflict existed between the concrete technologist and certain Newberg engineers:and'that a nonproductive work environment would exist as long as the concrete technologist continued:to work at Braidwood.
OI also developed information that the concrete technologist identified deficiencies in the concrete work at Braidwood and the-employees of the Gus K. Newberg Company believed that unless the concrete technologist was removed from Braidwood, his actions might lead to-the identification of additional deficiencies.
The 01 investigation also disclosed that the Commonwealth Edison Company's Braidwood Project Manager, acting upon -
misinformation provided by the employees of the Gus K. Newberg' Company,-
contacted S&L to arrarJe for the concrete technologist's' transfer from.the.
Braidwood project.
Although the Commonwealth Edison Company did not' knowingly discriminate against the concrete technologist, the-Commonwealth Edison company should have questioned the motives of the Newberg-Company for requesting' the concrete technologist's removal since he, as an employee of-S&L, was responsible for auditing the activities of the Newberg Company.
After reviewing both the Commonwealth Edison Comparv's investigation and the-01 investigation, the NRC staff has concluded that i violation of.the Commission's regulations in 10 CFR 50.7,s" Employee..'rotection,'.' occurred when -
the concrete technologist was transferred from the Braidwood Site.. This has been categorized as a Severity Level III violation because discrimination against employees for raising safety concerns is a significant regulatory concern, whether directly caused by the licensee or its. contractor.
In-accordance with the " General Statement of Policy and Procedure for NRC
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Comonwealth Edison Company
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. September 14,t1990-Enforcement-Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C (1985), a
- i civil penalty is considered for a Severity Level III violation.
However, af ter consultation with the Director, 0ffice of Enforcement the Deputy Executive.
Director-for Nuclear Reactor Regulation,> Regional Operations, and Research, and the Commission, I have decided that a civil penalty will not'be proposed in this case in view of the time that has passed since this violation occurred.
The NRC also recognizes that no other enforcement actionsDfor discriminatory practices have been taken against the Comonwealth Edison Company since this violation occurred.
You are required-to respond to this letter and shculd follow the instructions #
specified in the enclosed Notice of: Violation (Notice) when preparino your response.
In your response, you should document the specific actions taken-l and any additional actions you plan-to prevent recurrence. After reviewing l
your response-to this Notice, including.your proposed corrective actionsLand-1 the results of future inspections, the NRC will determine whether further:.
NRC enforcement action is necessary to ensure. compWnce with-NRC regulatory _
r requirements, in accordance with'10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public' Document Room.-
The response directed by this-letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management. and Budget as required by-a the Paperwork Reduction Act of 1980,-Pub. L. No.96-511.
Sincerely, e-ignur mc.
w h; ts:; h, Gin -
i A. Bert Davis.
Regional Administrator
Enclosures:
1.
Synopsis of 01 Report No. 3-85-018S See Attached Distribution d
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'JLieberman JSniezek ederson/bt Greenman Paperfello Davis-b09//y90 09/ /'//90 09/ #/90 09/ /90 09/ /90 09/13/90
- Concurrence received 9/12/90 via fax,C.
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Commonwealth' Edison, Company- -
< Septemtier,14.,1990; 1
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Distribution Li
.i cc w/ enclosures:-
M. Wallace Vice President, '
i PWR Operations ~
T. Kovach; Nuclear a
Licensing Manager y
o S.- Hunsader," Nuclear?
' Licensing Administrator.
H i K. Kofron, Station Manager?
D. E.LCooper, Regulatory; r
Assurance Su DCD/DCB(RIDS)pervisor i'
OC/LFDCBE Resident Inspectors. Dyron,-
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' 'Braidwood, Ziont..
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D. :W. Cassel, Jr., Esq.-
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Richard Hubbard
'J. W. McCaffrey. Chief, Public 1
. Utilities Division ~
a H.- S. ' Taylor, Quality Assurance Division E. Chan, 0GC 1
G. Berry, OGC Stepnen P.ESands, NRR-
. Robert Newmann. Office.of Public.
Counsel, State of 1111noisoCenterf 4
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September 14, 1990 Commonwealth Edison Company DISTRIBUTION:
PDR SECY CA JTaylor, EDO HThompson, DEDS JSniezek DEDR JLieberman, OE JGoldberg, 0GC TMurley, NRR JPartlow, NRR.
Enforcement Coordinators R1, Ril, RIII, RIV, RV Fingram, GPA/PA BHayes, 01 EJordan, AE0D-RPedersen, OE Day File EA File State of Illinois RAO: Rill PAO:RIII SLO: Rill RAdams, Rill DEFunk, Rill DCS 4
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