ML20134B961

Discusses ASLBP 850622 Findings in Partial Initial Decision LBP-84-24 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty

ML20134B961
Person / Time
Site:	Catawba
Issue date:	08/13/1985
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Owen W DUKE POWER CO.
Shared Package
ML20134B965	List: ML20134B961 ML20134C000
References
EA-84-093, EA-84-93, LBP-84-24, NUDOCS 8508160156
Download: ML20134B961 (4)

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2 att DCJ e UNITED STATES 8 1 NUCLEAR REGULATORY CO*4 MISSION

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AUG 13 su i-

! Docket Nos.-50-413

! 50-414 i i License Nos. CPPR-116 l

! SPPR-117 '

, EA 84-93 Duke Power Company ATTN: Mr. Warren H. Owen, Executive Vice President l Engineering, Construction, and (

Production Group i i 422 South Church Street Charlotte, NC 28242 l

I j Gentlemen:

1 i

Subject:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL DENALTY i

i This refers to the findings of the Atomic Safety and Licensing Board (ASLB) on l June 22, 1984 in its Partial Initial Decision in the operating license proceeding 1

5 for the Catawba Nuclear Station, Clover, South Carolina, LBP-84-24, 19 NRC 1418.

The ASLB_ identified incidents involving discrimination against an employee for raising safety concerns. In the staff's view, a violation of NRC requirements

has occurred as described in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This action was also the subject of a request under 10 CFR 2.206 by the Palmetto Alliance and a letter from Ms. Billie

P. Garde to Mr. R. C. DeYoung and Ms. J. A.. Axelrad. These communications were 1

addressed in a Director's Decision under 10 CFR 2.206 (DD 85-9) issued June 4 1985. The Commission has declined to take review of that decision under 10 CFR 2.206(c).

i j The violation in the enclosed Notice concerns discrimination against an employee for engaging in a protected activity. Under 10 CFR 50.7, discrimination by a Connission licensee against an employee for engaging in certain protected i

activities is prohibited. The ASLB concluded that a QC welding inspector foreman, Gary E. " Beau"'Ross, had been poorly rated in his 1981-82, November

} 1982 interim, and 1982-83 performance appraisals, because of his and his

! crew's expression of nuclear safety concerns to management. Although the scope

! of the protection afforded under 10 CFR 50.7 was not a matter before the board t' for its determination, the ASLB expressed in its decision the view that the i discriminatory actions against Mr. Ross violated the spirit of 10 CFR 50.7, i but not its letter because Ross was not engaged in protected activities; i.e.,

i the reporting of' safety concerns to the NRC. For the reasons described in the i aforementioned Director's Decisio'n- the staff believes that the protected activities include reporting of quality assurance discrepancies and nuclear i safety problems by an employee to his employer. The November 1982 interim and i the 1982-83 performance appraisals of Mr. Ross occurred after the promulgation i of 10 CFR 50.7.

i CERTIFIED MAIL - '

i RETURMRTTPT REQUESTED lDR G

ANk !N13 PDR m i

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Duke Power Company 2 To emphasize that acts of discrimination against an employee engaged in a protected activity will not be tolerated, I am issuing the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Sixty-four Thousand Dollars

($64,000) for the violation described in the enclosed Notice. The violation is i serious in that it involved discrimination by personnel in senior supervisory or management positions. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" in effect when this violation occurred (see 10 CFR Part 2, Appendix C, 47 FR 9989, March 9, 1982), the violation described in the enclosed Notice has been categorized at a Severity Level II.

The base value of a civil penalty for a Severity Level II violation under that policy is being proposed. As discussed in the Director's Decision, the escalation or mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Room.

The responses 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 the Paperwork Reduction Act of 1980, P'96-511.

Sincerely, J

J s < f J mes M. Tay1 Director ffice of Ins ection and Enforcement

Enclosure:

Notice of Violation and Proposed Imposition of Civil Penalty See next page for cc's.

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, .s Duke Power Company 3 cc w/ encl:

R. L. Dick, Vice President - Construction J. W. Hampton, Station Manager James L. Kelley, Chairman Atomic Safety and Licensing Board Dr. Paul W. Purdom Administrative Judge Dr. Richard F. Foster Administrative Judge Robert Guild, Esq.

Palmetto Alliance Jesse L. Riley 1

Carolina Environmental Study Group Billie Garde, GAP ASLPB(5 copies) i 4

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. Duke Power Company 3 i bec w/ encl:

PDR LPDR ACRS SECY-CA JMTaylor, IE RVollmer, IE JNGrace RII JAxelrad IE EHoller, IE.

JLieberman, ELD' Enforcement Coordinators RI, RII..RIII, RIV, RV VStello, DED/ROGR FIngram, PA EJordan, IE JPartlow, IE BGrimes. IE HDenton, NRR RStark, NRR BHayes, 0I SConnelly, OIA JCrooks, AE0D IE:ES File IE:EA File DCS NRC Resident Inspector ED0 Rdg File G. Johnson, ELD State of South Carolina

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IE:ES l'; ELD s hy' p g IE:DD I s

4, EHoller 'JLieberman xelrad. RVollmer J gyVbr 8/9/85 8/g /85 8/f/85 g 8/ /85 8 j85 ,