ML20133A968
| ML20133A968 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 12/19/1996 |
| From: | Sylvia B NIAGARA MOHAWK POWER CORP. |
| To: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| References | |
| EA-96-116, NMP1L-1167, NUDOCS 9701020197 | |
| Download: ML20133A968 (3) | |
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'5 NIAGARA MOHAWK
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"" """ "a m em2 G E N E R ATIO N BUSINESS GROUP December 19,1996 l
B. RALPH SYLVIA NMPIL 1167 J
l Executwo Mce President i
E ectric Generation l
ci.id Muclear Offrer Mr. James Lieberman Director, Oflice ofEnforcement j
U.S. Nuclear Regulatory Commission One White Flint North, Mail Stop O-7 H5 11555 Rockville Pike Rockville, MD 20852-2738 RE:
Nine Mile Point Unit 2 1
Docket No. 50-410 NPF-69
Subject:
Reply to Notice of Violation and Pmposed Imposition of Civil Penalty EA 96-116 Gentlemen:
The case which is the subject of NRC correspondence dated July 24,1996 and Niagara Mohawk correspondence dated August 23,1996 has been settled and the settlement agreement has been approved by the Administrative Review Board of the Department of Labor (DOL). Accordingly, the purpme of this correspondence is to provide Niagara Mohawk's answer in this matter.
For the reasons stated in the May 10,1996, predecisional enforcement conference and the August 23,1996 response, Niagara Mohawk believes that the DOL decision in this case is in error and, therefore, that no violation of 10CFR50.7 has occurred. It is our view, however, apparently shared by the complainant, that further expenditure of time and resources is not in the best interests of the parties. Accordingly, without admitting any culpability in this matter, Niagara Mohawk has settled the case to the satisfaction of the complainant and the DOL.
As noted, this settlement is not an admission of any violation of the Energy Reorganization Act or the regulations of the U.S. Nuclear Regulatory Commission. We maintain our firm conviction that the DOL decision is in error and that the Company did not engage in discriminatory conduct.
To the extent, however, tha.t the facts underlying this case may have caused a contrary perception on the part of any NMPC employee, we believe that the corrective measures identified in our August 23rd response have arJressed that matter.
With regard to the employee survey discussed in the August 23rd response, Niagara Mohawk completed development of an action plan based on the Senior Management Team's analysis of survey results. In part, the plan requires branch management to discuss the results of the survey with their branches to ensure appropriate feedback to employees. During these sessions, emphasis is again placed on management's commitment to ensuring that all employees feel free to raise safety issues without fear of harassment, intimidation, or discrimination.
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J 9701020197 961219 J
PDR ADOCK 05000410t O
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l Our remittance in the amount of $80,000 is enclosed in final settlement of this matter, j
i Very truly yours, I
l B. Ralph Sylvia ChiefNuclear Ollicer l
BRS/WDB/ kap xc:
Mr. H. J. Miller, NRC Regional Administrator I
Mr. S. S. Bajwa, Acting Director, Project Directorate I-1, NRR
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l Mr. B. S. Norris, Senior Resident Inspector j
Mr. D. S. Hood, Senior Project Manager, NRR l
Records Management I
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UNITED STATES NUCLEAR REGULATORY COMMISSION l
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 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 document attached hereto; and that the document is true and correct to the best of his knowledge, information and belief.
'. Ralph'Sylvi[
B Chief Nuclear Officer l~
l Subscribed and sworn before me, in and for the State ofNew York and the County of 4M*d40 this /'7 day of December,#1996 My Commission expires: g2 /[9/
' NOTARY fUBLIC l
BEVERLY W. RIPKA l
actary Public Stateof New York (ual..n Oswego Co. No. 4644879 My.owmssion Cxp. M -,.
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