ML20134C000

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $64,000.Violation Noted:Ge Ross Given Low Nov 1982 Interim & 1982-1983 Performance Ratings Due to Efforts to Bring Safety Concerns to Mgt Attention

ML20134C000
Person / Time
Site:	Catawba
Issue date:	08/13/1985
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20134B965	List: ML20134B961 ML20134C000
References
EA-84-093, EA-84-93, NUDOCS 8508160166
Download: ML20134C000 (2)

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j NOTICE OF VIOLATION AND -l i

l PROPOSED IMPOSITI F 0F CIVIL PENALTY Duke Power Company Docket Nos. 50-413 and 50-414 Catawba Units 1 and 2 License Nos. CPPR-116 and CPPR-117 f EA 84-93 1

Based on the findings made by the Atomic Safety and Licensing Board (ASLB) in a i

June 22, 1984 Partial Initial Decision in the operating license proceeding for i the Catawba Nuclear Station, LBP-84-24, 19 NRC 1418, the NRC has identified i

a violation of its requirements. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, in j! effect at the time of the violations (47 FR 9989, March 9, 1982), the Nuclear

Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 t

of the Atomic Energy Act of 1954, as amended. ("Act"), 42 U.S.C. 2282, PL 96-295, I and 10 CFR 2.205. The particular violation and associated civil penalty are set

forth below.

, Violation 4

10 CFR 50.7 prohibits discrimination by a Commission licensee against an employee

for engaging in certain protected activities. Discrimination includes discharge

and other actions that relate to compensation, terms, conditions, and privileges

! of employment. The activities protected include reporting of quality assurance

discrepancies and nuclear safety problems by an employee to his employer, j Contrary to the above, Duke Power Company discriminated against Gary E. " Beau" i

Ross, who was engaging in a protected activity as a licensee quality control  !

i inspector. Mr. Ross had been given low November 1982 interim and'1982-83  !

performance ratings because of his efforts to bring safety concerns to the i j attention of Duke Power Company's management.

i i This is a Severity Level II violation (Supplement VII).

l (Civil Penalty - $64,000) i

! Pursuant to the provisions of 10 CFR 2.201, Duke Power Company is hereby required j to submit to the Director, Office of-Inspection and Enforcement, U.S. Nuclear j Regulatory Connission. Washington, D.C. 20555 with a copy to the Regional

Administrator, U.S. Nuclear Regulatory Connission, Region II, within 30 days of 1 the date of this Notice a written statement or explanation, including for the

alleged violation: (1) admission or denial of-the alleged violation, (2) the i reasons for the violation if admitted, (3) the corrective steps that have been

, taken and the results achieved, (4) the corrective steps which will be taken to 1 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, j the Director, Office of Inspection 'and Enforcement may issue an order to show i

cause 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 j 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 i oath or affirmation.

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! Notice of Violation 2 l i Within the same time as provided for the response required above under 10 CFR l I

2.201, Duke Power Company may pay the civil penalty by letter addressed to the i Director, Office of Inspection and Enforcement, with a check, draft, or money l order payable to the Treasurer of the United States in the cumulative amount

-of Sixty Four.Thousand Dollars ($64,000) or may protest imposition of the civil l  ;

i penalty in whole or in part by a written answer addressed to the Director, Office i i of Inspection and Enforcement. Should Duke Power Company fail to answer within l

] the time specified, the Director, Office of Inspection and Enforcement, will i i issue an order imposing the civil penalty in the amount proposed above. Should '

i Duke Power Company elect to file an answer in accordance with 10 CFR 2.205 i protesting the civil penalty, such answer may: (1) deny the violation listed

in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, i (3) show error in this Notice, or (4) show other reasons why the penalty should

, not be imposed. In addition to protesting the civil penalty, in whole or in j

1 part, such answer may request remission or mitigation of the penalty.

) In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1985) should be addressed. Any "

] written answer in accordance with 10 CFR 2.205 should be set forth separately i from the statement or explanation in reply pursuant to 10 CFR 2.201, but may J incorporate statements or explanations by specific re'erence (e.g., citing page j and paragraph numbers) to avoid repetition. Duke Power Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedures for j imposing a civil penalty.

1 Upon failure to pay any civil penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the civil penalty, unless compromised, j remitted, or mitigated, may.be collected by civil action pursuant to Section 234c i

of the Act, 42 U.S.C. 2282.

FOR THE NUCLEAR REGULATORY COPNISSION J

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i ames M. Tay1 , Director j Office of In pection and Enforcement

$ Dated at Bethesda, Maryland this/#dayofAugust1985 '

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