ML20117F179
| ML20117F179 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 08/23/1996 |
| From: | Sylvia B NIAGARA MOHAWK POWER CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| EA-96-116, NMP2L-1656, NUDOCS 9609030352 | |
| Download: ML20117F179 (7) | |
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r hv NIAGARA MOHAWK G E N E R ATIO N 300 ERIE BOULEVARD WEST, SYRACUSE. NEW YORK 13202/ TELEPHONE (315) 4284983 I
BUSINESS GROUP i
B. RALPH SYLVIA l
Executive Vice Presideid i
Generaton Busmess Group Chis4 Nuclear Officer August 23,1996 NMP2L 1656 i
Mr. James Lieberman Director, Office of Enforcement U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 RE:
Nine Mile Point Unit 2 Docket No. 50410 NPF-69
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Subject:
Reply to a Notice of Violation and Proposed Imposition of Civil Penalty EA 96-116 Gentlemen:
i Attached please find Niagara Mohawk's response to the Notice of Violation and Proposed i
Imposition of Civil Penalty dated July 24,19%.
As we apprised you during our meeting of May 10, 1996, Niagara Mohawk believes that the recommended decision in the Department of Labor proceeding (95-ERA-005, dated March 15, 1996) is in error, and intends to appeal the decision at the conclusion of the evidentiary phase of the proceeding. The proceeding is, however, scheduled to be reconvened on October 31,1996 in order to hear additional evidence regarding compensatory damages and reinstatement.
Accordingly, we would expect to receive a recommended decision regarding compensation no earlier than December 1,1996. Niagara Mohawk's appeal will be filed after receipt of this recommended decision.
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Page 2 Based on Niagara Mohawk's plan to appeal the Administrative Law Judges' recommended decision and order in this case, Niagara Mohawk has elected to defer responding to items 1 and 2, regarding admission or denial of, and reasons for the violation, as authorized by the Notice of Violation response instructions. Niagara Mohawk has also elected to defer payment or protest imposition of the proposed civil penalty until the Secretary of Labor has reached a final decision.
Once a final decision has been rendered, Niagara Mohawk will submit its answer in accordance with the instructions.
Very truly yours, Y
v B. Ralph Sylvia, Exec. Vice President
& Chief Nuclear Officer BRS/WDB/ kap Enclosure xc:
NRC Document Control Desk Regional Administrator, Region I Mr. B. S. Norris, Senior Resident Inspector Mr. D. S. Hood, Senior Project Manager, NRR Records Management
- UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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Niagara Mohawk Power Corporation
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Docket No. 50-410
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Nine Mile Point Unit 2
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B. Ralph Sylvia, being duly sworn, states that he is the Chief Nuclear Officer of Niagara Mohawk Power Corporation; that he is authorized on the part of said Corporation to sign and file with the Nuclear Regulatory Commission the documents attached hereto; and that the documents are true and correct to the best of his knowledge, information, and belief, b
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B. Ralph Sylvia, Egx. Vice President
& Chief Nuclear Officer Subscribed and worn before me, a Notary Public in and for the State of New York and the County of
, this,2 3 day of August 1996.
M Notary Public in afd for he County, New York 0
BEV I
My Commission Expires:
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My Commission Exp 98
s Attachment A Niagara Mohawk Power Corporation Nine Mile Point Unit 2 Docket No. 50-410 NPF-69 REPLY TO NOTICE OF VIOLATION AS CONTAINED IN LETTER EA96-116 DATED JULY 24,1996 Based on the Recommended Decision and Order by a U.S. Department of Labor (DOL)
Administrative Law Judge, dated March 15,1996 (DOL case 95-ERA-005), a violation of NRC requirements was identified. In accordance with ine " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission proposes
. to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:
10 CFR 50.7(a), in part, prohibits discrimination by a Commission licensee against an employee for engaging in certain protected activities. Discrimination includes discharge and other actions that relate to the corapensation, terms, conditions, or privileges of employment.
Protected activities are described in Section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act, and include, but are not limited to, an employee providing the Commission or his or her employer information about alleged violations of either the Atomic Energy Act or the Energy Reorganization Act.
Contrary to the above, as determined in the DOL Administrative Law Judge's Recommended Decision and Order in case 95-ERA-005, dated March 15,1996, Niagara Mohawk Power Corporation (NMPC) discriminated against Mr. Robert Norway, a nuclear engineer, for engaging in protected activities. Specifically, NMPC terminated Mr.
Norway's employment in February 1994 for raising safety concerns to his employer beginning in 1991. (01012)
This is a Severity Level II violation (Supplement VII). Civil Penalty - $80,000 i
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Attachment B Niagara Mohawk Power Corporation ~
Nine Mile Point Unit 2 Docket No. 50-410 NPF-69 REPLY TO A NOTICE OF VIOLATION III.
Corrective Stens That Have Been Taken and the Results Achieved i
While Niagara Mohawk does not believe that a violation of 10 CFR 50.7 has occurred, Niagara Mohawk Senior Management nevertheless believes that the ability to raise safety issues free from harassment, intimidation or discrimination is extremely important to the operation ofits nuclear units. Senior Management actively and aggressively promotes every employee's right and responsibility to report safety issues, as well as the value of reporting such issues. The purpose of i
these proactive measures is to avoid a chilling environment for reporting, and we are committed to regular reinforcement of this message.
Niagara Mohawk is convinced that superior performance in nuclear generation is achievable only when issues, concerns, and problems are raised and resolved. It is management's responsibility to ensure that all personnel working at the Nine Mile Point Nuclear Station understand this basic principle and their pivotal roles in reporting such issues. Further, it is management's responsibility to establish and maintain an environment where all personnel are free to raise safety concerns without fear of harassment, intimidation, or discrimination. Formal training sessions and meetings designed in part to specifically review rights and responsibilities, such as General Employee j
Training, staff meetings and standdowns when warranted, are conducted to address these responsibilities. In addition, a variety of programs and less formal opportunities are provided to employees in order to foster a positive and open exchange ofinformation without fear of retaliation.
Niagara Mohawk's Deviation / Event Report (DER) program is the cornerstone of the corrective action system. In place since 1991, the DER program has gained wide acceptance throughout the organization as the vehicle for documenting concems of all types. Three to four thousand DERs are written each year by personnel at all levels, indicating continued support for the DER program.
Employees, including contractors, are regularly encouraged to use their chain of command and the DER program to document any concerns. If for any reason, an employee does not feel comfortable using these mechanisms or believes identified issues have not been properly addressed, Niagara Mohawk offers the Quality First Program (QlP) where concerns can be identified for further investigation in complete confidence, if so desired. As with the DER program, the QlP is procedurally controlled and available for the identification of safety, quality, and non-safety related issues. Issues are fully investigated, with results provided to senior management and the offsite oversight committee. In addition, the individual reporting a concem is provided feedback and given the opportunity to dispute investigation results. Overall responsibility for QlP resides with the Chief Nuclear Officer, who also makes final decisions regarding disputed results.
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I When-ver employees' rights and responsibilities are reemphasized, the presentation includes a discussion of an employee's right to contact the NRC. Employees are told that they will not be harassed, intimidated, or discriminated against for reporting safety issues, and that they should report i
such treatment ifit occurs.
i Establishing and maintaining an environment in which employees feel free to report issues is a high l
priority for Niagara Mohawk management. In addition to formal training and management-l employee meetings utilized to deliver the message discussed above, Niagara Mohawk sponsors a variety ofless structured forums to foster free exchange ofinformation. In both large group forums (e.g., Town Hall meetings) and small group forums (e.g.,4-C's meetings and HRD breakfasts),
employees are invited and encouraged to share any comments or concerns, both positive and negative, with Senior Management. Management responds to issues directly in each of the forums j
or by other action, as appropriate.
i Niagara Mohawk also finnly believes in the value of training as a means to problem identification.
The more employees know about their particular areas of expertise as well as the overall regulatory environment, the greater the probability that safety issues will be surfaced and thereby resolved.
Technical training for all groups is regulerly scheduled to improve general and equipment-specific j
knowledge. In addition, Niagara Mohawk is continuing a new phase of"Back to Basics" training for site organizations to reinforce employees' understanding of the plants' licensing basis and other i
issues in the regulatory environment.
Whenever issues like those presented in this case are raised, Niagara Mohawk takes aggressive action to reiterate and reinforce management's expectation that all employees, including contractors, are free to raise safety concerns without fear of harassment, intimidation, or discriminatien. For this particular case, as noted in the May 10,1996 pre-decisional enforcement conference, Niagara Mohawk committed to restate management's expectations in group meetings by the end of June 1996. In carrying out this commitment, the Senior Management Team was actively involved in the development of the presentation material.
In addition to clearly defining management's expectations, the presentation included a discussion of employee's rights and responsibilities regarding the identification of safety issues, recent industry events, and a review of Niagara Mohawk's legal responsibilities and programs provided to ensure the safe operation of the Nine Mile Point units. The presentation was completed for all site organizations by June 30,1996.
In addition to the group presentations, Senior Management reinforces expectations separately with Branch Managers and line supervision. Senior Management takes further action to coach and counsel supervisors whose actions do not meet the organization's objective of providing an open environment free ofintimidation, harassment, or discrimination. Disciplinary action is also taken when warranted.
Since this case involved a former ISEG employee, Senior Management concluded it was appropriate -
to discuss the issues in more detail with the current ISEG group. We have reinforced with the current ISEG personnel their responsibilities and Niagara Mohawk management's expectations regarding the raising of safety concems. As our May 10th presentation noted, it was and continues to be management's expectation that ISEG members in particular have a specific responsibility to identify, raise, and evaluate safety issues. Persistence and aggressive pursuit ofissues are, in fact, positive attributes for ISEG engineers.
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IV.
Corrective Steps That Will Be Taken To Avoid Further Violations In recent years, Niagara Mohawk Power Corporation has conducted a number of employee surveys to measure the Corporation's progress in creating a more competitive organization that is also responsive to employee concerns. Given the environment in which the nuclear facilities operate, Nuclear Senior Management concluded that the Corporate surveys were not focused enough on the environment for reporting nuclear safety issues. Accordingly, the Nuclear Division has undertaken a more specific assessment of that environment through a nuclear employee survey. The survey data gathering was completed on August 13,1996. The survey responses are currently being tabulated, and once completed, the Senior Management Team will analyze the results. By September 30,1996, an action plan will be formulated to address areas that we believe need improvement. The NRC's Policy Statement," Freedom of Employees in the Nuclear Industry to Raise Safety Concerns Without Fear of Retaliation," published May 14,1996, will be utilized in developing the action plan. Niagara Mohawk will share the results of this effort with the NRC Resident Inspectors.
VI.
Date When Full Compliance Will Be Achieved The facilities are presently in full compliance. Periodic reinforcement of management's expecta-tions regarding all employee's rights to raise safety concerns without fear of harassment, intimidation, or discrimination is routinely accomplished to ensure that compliance is maintained.
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