ML20090A944
| ML20090A944 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/05/1984 |
| From: | Richardson K BECHTEL GROUP, INC., THELEN, MARRIN, JOHNSON & BRIDGES |
| To: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20090A947 | List: |
| References | |
| SP, NUDOCS 8407120192 | |
| Download: ML20090A944 (3) | |
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THELEN, MARRIN, t.IOHNSON & BRIDOES ATTottNEYS AT LA%' h(K{[{"r U
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- ELECOPtER tal31623 4742 (7 3seS4-se77 FEDr:RAL EXPRESS July 5, 1984
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Richard C.
DeYoung, Director 0.
Office of Inspection and Enforcement
/
1 United States Nuclear Regulatory Commission
'GMOT )
Washington, D. C.
20555
/
Subject:
Three Mile Island, Unit 2 Office of Investigations Report H-83-002
Dear Mr. DeYoung:
This firm represented Bechtel North American Power Corporation ("BNPC") in the legal proceeding which Richard D.
Parks commenced before the Department of Labor under Section 210 of the Energy Reorganization Act of 1974
(" ERA"), 42 U.S.C. 95851.
We were the attorneys responsible for the handling of this proceeding from its inception until Mr. Parks withdrew his complaint by notice to the Department of Labor, the Nuclear Regulatory Commission and the House of Representatives Interior and Insular Affairs Committee.
We wish to comment upon the Office of Investigations' written report issued May 18, 1984 with respect to Mr. Parks' allegations of discrimination.
The subject Office of Investigations' report states at page 10 that the report pertaining to Mr. Parks is being submitted for N.R.C.
regulatory and enforcement consideration.
1 On behalf *of BNPC, Mr. Parks' employer during the peried which is the subject of the report, we have the following comments and objections to any N.R.C. regulatory or enforcement action with respect to Mr. Park's allegations of discrimination.
1.
On the basis of our comprehensive investigation we concluded that Mr. Parks' claims of i
discrimination were without merit.
8407120192 840705
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PDR ADOCK 05000289 (N
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Office of Inspection and Enforcement July 5, 1984 Pege 2 2.
On August 4, 1983, Mr. Parks notified the Secretary of Labor, the Nuclear Regulatory Commission and the House of Representatives Interior and Insular Affairs Committee that his complaint against BNPC was withdrawn.
See Attachments 1, 2, and 3 hereto.
3.
On August 15, 1983, the Department of Labor dismissed Mr. Parks' complaint as requested by him.
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4.
The Department of Labor complaint was dismissed without any hearing or adjudication being conducted regarding whether or not there was any merit to Mr. Parks' allegations.
t 5.
BNPC demanded an adjudicatory hearing before an Administrative Law Judge so that BNPC could adduce l
witnesses and documentary proof demonstrating that Mr.
Parks' claims were totally without merit.
As a result of I
Mr. Parks' withdrawal of his complaint, BNPC was not afforded an opportunity to present its proof.
6.
The Wage and Hour Division investigation which gave rise to the original notice of non-compliance t
in respect to Mr. Parks' allegations was preliminary, cursory and patently incomplete.
The Wage and Hour
~
Division investigator failed to interview several key witnesses with pertinent knowledge about Mr. Parks' allegations.
The investigator talked with only two BNPC employees and did not consider many relevant documents.
7.
We are not in a position to respond to the Wage and Hour Division report which the Office of Investigations adopted without question because the Wage and Hour Division's analysis cannot be ascertained from the report in the expurgated form made available by the N.R.C.
However, it is important to note that under the Department of Labor's own procedures the Wage and Hour report is not admitted into evidence, considered or even seen by the Administrative Law Judge assigned to hear adjudicatory proceedinga conducted under the ERA.
- Thus, it would be inconsistent and totally inappropriate for the Nuclear Regulatory Commission to take any action whatsoever based upon the Wage and Hour Di~ vision's preliminary investigation report in respect to Mr. Parks' allegations.
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Office of Inspection and Enforcement July 5, 1984 Page 3 u.
k 4
In summary, BNPC concurs with the Office of Investigations' determination not to conduct a further independent investigation of Mr. Parks' withdrawn allegations which have been moot since August, 1983.
Moreover, under the circumstances outlined above, it would be inappropriate, unfair and unjust for the Nuclear Regulatory Commission to take any further action in respect to Mr. Parks' unsubstantiated allegations of discrimination by BNPC.
Very truly
- ours,
.MA K
n dy P. Richardson KPR/ law 7
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Commissioner Nunzio Palladino cc:
Commissioner Thomas Roberts Commissioner James Asselstine Commissioner Frederick Bernthal Commissioner Victor Gilinsky Harold Denton, Director of Nuclear Reactor Regulation
],
GPU Nuclear Corporation
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l GOVERNMENT ACCOUNTABILITY PROJECT institute for Policy Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234 9382 August 4,1983 l
Honorable John Earman Administrative Law Judge U.S. Department of Labor j
Office of Administrative Law Judges Suite 700--1111 20th Street, N.W.
Washington,D.C. 20036
Dear Judge Earman:
This is to notify you that Bechtel North American l
Power Corporation and Richard Parks today announced a l
mutually amicable agreement to return Mr. Parks to full time work for the com.pany.
Mr. Parks has accepted an assignment as a senior start-up engineer at the Cool Water plant, a pioneering coal gasification project in Southern California.
Mr. Parks is withdrawing his complaint now pending before the U.S. Department of Labor alleging harassment by Bechtel, and will notify t'he Nuclear Regulatory Commission and the House Committee on Interior and Insular Affairs.
Very truly yours, I
i Thomas Devine l
Legal Director Counsel for Mr. Parks sd.
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n GOVERNMENT ACCOUNTABILITY PROJECT
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thstitute foiPoligr Studies 1901 Que Street. KW., Washington. D.C. 20009 (202)234-9382
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Aagust 4,1983 i
Honorable Morris K. Udall Chairman 2 ' T5. -
v House Interior and Insular Affairs
.,;7 Committee U.S. House of Representatives ss E
Washington, D.C. 20515
Dear Chairman Udall:
- t-This is to notify you that Bechtel North American Power x -Corporation and Richard Parks today announced a mutually amicable agreement to return Mr. Parks to full time work for the company.
Mr. Parks has accepted an assignment as a senior start-up engineer at the Cool Water plant, a pioneering coal gasification i
project in Southern California-.
Mr. Parks is withdrawing his complaint now pending before the U.S. Department of Labor alleging harassment by r
Bechtel, and will notify the Nuclear Regulatory Commission and the House Committee on Interior and Insular Affairs.
i
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Very truly yours, r
i Thomas Devine Legal Director Counsel for Mr. Parks Lo,
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o GOVERNMENT ACCOUNTABILITY PROJECT Institute for Policy Studies 1901 Que Street. N.T., Washington, D.C. 20009 (20A 234-9382 l
August 4,1983 Chairman Nunzio J. Palladino l
U.S. Nuclear Regulatory Commisrion Washington, D.C. 20555
Dear Chairman Palladino:
This is to notify you that Bechtel North American Power Corporation and Richard Parks today announced a mutually amicable agreement to return Mr. Parks to full time work for the company.
Mr. Parks has accepted an assignment as a senior start-up engir.aer at the Cool Water plant, a pioneering coal gasification project in Southern California.
I Mr. Parks is withdrawing his complaint now pending before i
the U.S. Department of Labor alleging harassment by Bechtel, and will notify the Nuclear Regulatory Commission and the House Interior an,d Insular Affairs Committee.
Very truly yours, Thomas Devine Legal Director i
Counsel for Mr. Parks l
l 1
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