ML20133A434
| ML20133A434 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 12/11/1996 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20133A424 | List: |
| References | |
| EA-96-177, NUDOCS 9612310092 | |
| Download: ML20133A434 (3) | |
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8 ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Public Service Electric and Gas Company Docket Nos. 50-272;50-311 Salem Generating Station License Nos. DPR-70; DPR-75 EA 96-177 During NRC investigations, conducted on February 18,1994 to April 30,1996 and on November 21,1994 to April 25,1996, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the NRC 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 violations and associated civil penalty are set forth below:
1.
10 CFR 50.7 prohibits, in part, discrimination by a Commission licensee against an employee for engaging in certain protected activities. Discrimination includes discharge or other actions relating to the compensation, terms, conditions, and privileges of employment. The activities which are protected include, but are not limited to, reporting of safety concerns by an employee to his employer.
f A.
Contrary to the above, the licensee, through its former manager of NSR, discriminated in November 1993 and May 1994 against a former Onsite Safety Review Engineer (OSRE) at the Salem Generating Station. Specifically, by virtue of negative comments in his performance appraisals, the OSRE was harassed and retaliated against by the NSR manager due to his involvement in events associated with a December 3,1992 incident, involving two of the OSRE's subordinates who were engaged in protected activity described in the Enforcement Action (EA 94-239) issued on April 11,1995. (01012)
B.
Contrary to the above, the licensee, through its former manager of NSR, i
discriminated against e Safety Review Engineer (SRE) at the Salem Generating Station. Specifically, by virtue of an involuntary transfer to Hope Creek, the SRE was harassed and retaliated against by the NSR manager as a result of rabing a safety issue during the December 3,1902 incident described above.
(01022)
These violations represent a Severity Level ll problem. (Supplement Vil).
Civil Penalty - $80,000.
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OFFICIAL RECORD COPY g:96176RE1.MHS 9612310092 961211 PDR ADOCK 05000272 G
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Enclosure 2
admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as why the license should not be modified, suspended, or revoked or why 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 the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee f ail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee eiect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed, in eddition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S.
Nuclear Regulatory Commission, Region I and a copy to the NRC Resident inspector at the facility that is the subject of this Notice.
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I Enclosure 3
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Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. if personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted l
copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have l
withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an i
acceptable response, please provide the level of protection described in 10 CFR 73.21.
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Dated at King of Prussia, Pennsylvania this 11th day of December 1996 L
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