ML20134D526
| ML20134D526 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/08/1985 |
| From: | Goldberg J HOUSTON LIGHTING & POWER CO. |
| To: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| References | |
| CON-#385-194 OL, NUDOCS 8508190263 | |
| Download: ML20134D526 (10) | |
Text
F The Light NE f flouston 1.igining & 1%cr Im. Ilos 1700 llouston. 'Inas 77001 (71:0 22M211 August 8, 1985 ST-HL-AE-1325 File #D.41 Mr R D Martin, Regional Director Nuclear Regulatory Commission, Region IV 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 p[){'(Qr,
-~~ y Re:
Io HOUSTON LIGHTING & POWER'S (HL&P) j r' l yl #19 I 2 g
- l POSITION REGARDING SECTION 210 OF THE ENERGY REORGANIZATION ACT C
Dear Mr Martin:
~
J Confirming my discussions with you in your offico on July 31, 1985, HL&P wishes to advise you of the following:
HL&P has always insisted upon total compliance with the anti-discrimination requirements set forth in Section 210 of the Energy Roorganization Act, not only by the Company itself, but by its contractora and subcontractors on the South Texas Project.
HL&P has adopted an internal anti-discrimination policy designed to ensure that no HL&P employoo is over discriminated against in terms of job opportunitics, promotions, pay raises, assignments, or any other condition of employment for engaging in
" protected activities" within the meaning of Section 210 (i.e.,
commencing, assisting, or participating in an NRC proceeding or investigation).
HL&P employoon, as well as its contractors, are alno encouraged to communicato concerns regarding the conduct of the project through the Safetoam Program of which you are aware.
Attachmont A 10 a copy of HL&P's policy regarding Safetoam par-ticipation by any employco working at the STP.
Moreover, HL&P has advised its principal contractora on the South Texas Project of the requiromonto of Section 210 on nevoral occasiono and admoninhed thono contractors that nothing chart of total complianco with Section 210 will be acceptable to HL&P.
For examplo, Attachmont B in a lottor which I sent to tho 0500190263 050000 ADocK0000g0 p/77 /
g.;. ') 13, on I
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t flouston Lighting & Power Coinpany Mr Robert D Martin August 8,1985, NRC ST-HL-AE-1325 President of Ebasco Constructors, Inc, on January 7, 1985, advis-ing Ebasco of the requirements of Section 210 and the need for Ebasco and its subcontractors to conduct their affairs regard-ing this issue in a proper manner. In light of their potential l
regulatory significance, HL&P also requested that HL&P be I
apprised of any grievances filed by Ebasco employees under Section 210 and kept informed of any significant developments related thereto.
A cimilar letter was sent to HL&P's other principal contractor (Bechtel).
In accordance with this policy, in early June, 1985, l
HL&P was advised by Ebasco that complaints had been filed with the Department of Labor under Section 210 by three former Ebasco employees who were coatings incpectors at the South Texas Proj-i ect.
Ebasco states that the employees were terminated as the coatings inspection work scheduled to be performed at that point in time was winding down at the project site and the need for inspectors in this area was reduced, not because of their alleged i
involvement in any NRC proceedings.
HL&P's understanding is that l
it is the policy of the Department of Labor to first attempt to l
settle such disputes through conciliation and that, to this end, Ebasco is currently engaged in settlement discussions with thoso employees or their attorneys.
There are obviously a number of factors, economic and otherwise, that influence a decision to engage in such discussions (e.g., the costs of litigation, potential adverse publicity, impact on employco morale and relations, etc).
No conclusive inferences can, or should, be drawn from the fact that Ebasco has elected to follow the Department of Labor's proferred alternative by attempting to settle those complaints amicably.
If Ebanco doon settle those complaints and any payments to those former Ebasco employcos are incorporated into settlement arrangements, those payments will bo Ebasco's solo responsibility.
In any event, after HL&P was apprised of those com-I plaints, J T Westermoier, the HL&P Project Manager for the South Texas Project, immediately directed HL&P's contractors, inclu-ding Ebanco, por Attachment C, to undertake a comprehensive re-review of their personnel policies and practices to ensure that they comply with the requirements of Section 210 by pro-viding for " equity, objectivity, and sufficient documentation of any and all (porsonnol) actions".
HL&P also directed its con-tractors to report the resulto of this review directly to HL&P.
HL&P in currently reviewing its contractors' forco reduction programs to onouro that they have appropriato featuros to protect against any discriminatory action towards their employoon
Ilouston 1.ighting & Power Company Mr Robert D Martin August 8, 1985 NRC ST-HL-AE-1325 engaged in " protected activities' as defined in Section 210.
HL&P intends to conduct periodic audits of its contractors' practices and policies in this area to ensure continued com-pliance with Section 210 on every aspect of the South Texas Project.
In summary, HL&P has been and will remain totally com-mitted to complying with the anti-discrimination requirements of Section 210.
HL&P has instituted a comprehensive program to ensure compliance with Section 210 and will not tolerate harass-ment or retaliation, in any shape or form, by any of its con-tractors or subcontractors against employees who engage in " pro-tected activities" under the Energy Reorganization Act.
Very truly yours, A.
h.
J H Goldberg Group Vice-President, Nuclear JHG/aks Enclosures cc Messrs D D Jordan H R Kelly C
Smith J T Westermeier J E Geiger W J Dircks - NRC H R Denton - HRC J D Taylor - NRC B B Hayes
- NRC i
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August 8, 1985 Houston Lighting & Pbwer Company 1
cc:
Hugh L. Thompson, Jr., Director J. B. Poston/A. vonRosenberg Division of Licensing City Public Service Board Office of Nuclear Reactor Regulation P.O. Box 1771 U.S. Nuclear Regulatory Comission San Antonio, TX 78296 Washington, DC 20555 Brian E. Berwick, Esquire Robert D. Martin Assistant Attorney General for Regional Administrator, Re.gion IV the State of Texas Nuclear Regulatory Comission P. O. Box 12548, Capitol Station 611 Ryan Plaza Drive, Suite 1000 Austin, TX 78711 Arlington, TX 76011 Lanny A. Sinkin N. Prasad Kadambi, Project Manager 3022 Porter Street, N.W. #304 U.S. Nuclear Regulatory Comission Washington, D. C.
20008 7920 Norfolk Avenue Bethesda, MD 20814 Oreste R. Pirfo, Esquire Hearing Attorney Claude E. Johnson Office of the Executive Legal Director Senior Resident Inspector /STP U.S. Nuclear Regulatory Comission c/o U.S. Nuclear Regulatory Comission Washington, DC 20555 P. O. Box 910 Bay City, TX 77414 Charles Bechhoefer, Esquire Chairman, Atomic Safety & Licensing Board M. D. Schwarz, Jr., Esquire U.S. Nuclear Regulatory Comission Baker & Botts Washington, DC 20555 One Shell Plaza Houston, TX 77002 Dr. James C. Lamb, III 313 Woodhaven Road J. R. Newman, Esquire Chapel Hill, NC 27514 Newman & Holtzinger, P.C.
1615 L Street, N.W.
Judge Frederick J. Shon Washington, DC 20036 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Director, Office of Inspection Washington, D. C.
20555 and Enforcement U.S. Nuclear Regulatory Comission Mr. Ray Goldstein Esquire Washington, DC 20555 1001 Vaughn Building 807 Brazos E', R. Brooks /R. L. Range Austin, TX 78701 Central Power & Light Company P. 0. Box 2121 Citizens for Equitable Utilities, Inc.
Corpus Christi TX 78403 c/o Ms. Peggy Buchorn Route 1. Box 1684 H. L. Peterson/G. Pokorny Brazoria, TX 77422 City of Austin P. 0. Box 1088 Docketing & Service Section Austin, TX 78767 Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 W2/NRC1/n Revised 5/22/85
ATTACIIMENT A
NUMBEN REV.NO HOUSTON LIGHTING & POWER COMPANY SOUTH TEXAS PROJECT SAFETEAM PROGR AM MANUAL 1
0
'ITLE SHEET t op i SAFETEAM Policy #1 Q ATE ISSU EO
$USJECTReporting of Nuclear or Quality Concerns to SAFETEAM 5/1/85 Any employee working on the design, construction, quality cssurance or operation of the South Texas Project (STP), is encouraged to bring to the attention of his/her supervisor or other persons in the canagement chain of Houston Lighting & Pouer Company (HL&P); Bechtel Energy Corporation, Ebasco Constructors, Inc., or Subcontractor any nuclear or quality concern he/she may have.
Although SAFETEAM urges that South Texas Project employees communicate directly with their supervisor or other management representatives of their company, they are also free to communicate their nuclear or quality concern (s) directly with the South Texas Pro,Jact SAFETEAM or the regional office of the Nuclear Regulatory Commi.ssion.
No employee of the South Texas Project will be discharged, or otherwise be discriminated against with respect to compensation, terms, condi'. ions or privileges of employment, because the employee expresses concerns to SAFETEAM, so-I
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long as the employee does not use the SAFETEAM program maliciously or frivolously.
SAFETEAM is available at the South Texas Project and may be contacted at 1-800-292-5123 in Texas and.1-800-231-5922, outside of Texas.
Additionally, the mailing address for SAFETEAM is P. O. Box 308, Bay City, Texas 77414.
SAFETEAM will maintain the an'onymity of anyone expressing a concern, SAFETEAM uill investigate concerns and respond in writing.
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J.H.Goldberg)........--..
Group Vice President, Nuclear
l ATTACHMENT B 1
The Light
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.,,,ooi,,,3,228.e2ii January 7, 1985 ST-HL-EB-41 File No. 41.3 Mr J E Ramondo, President Ebasco Constructors, Inc Two World Trade Center New York, New York 10048 Re SOUTH TEXAS PROJECT SECTION 210 OF THE ENERGY REORGANIZATION ACT OF 1974 (ERA)
Dear Mr Ramondo:
On the assumption that you are not familiar with the details of the subject section of the ERA, let me briefly advise you of its contents.
Section 210 of the Energy Reorganization Act of 1974 prohibits any employer from discriminating against any employee who commences, assists, or participatos in a proceeding before the Nuclear Regulatory Commission (NRC).
An employee who feels that he or she has been discriminated against by their employer as a result of their involvement with the NRC, may file a com-plaint with the Secretary of Labor.
If the Secretary of Labor determines that the employee has been subject to such discrimi-nation, the Secretary is required to order relief including re-instatement of the employee with back pay and may grant additional relief including attorney's fees and compensatory damages.
The NRC, in turn, has promulgated regulations under the Atomic Eneroy Act of 1954, as amended, which. adopt the employee protection standards set forth in Section 210 of the ERA and specify that violation of these standards by either a licenseo or one of its contractors or subcontractors may be grounds for enforcement action against the licensoo.
In view of the above, it is essential that your company and that of your subcontractors be conversant with the need to deal with your employcos, who may be involved in bringing forth allegations to the NRC, in such a manner as to avoid discrimina-tion charges under section 210 of the ERA.
You must includo, obviously, in your dealings with your subcontractors identifica-
_ tion of their_nood to conduct their affairs _regarding_this issuo in a prpper mannor as well.
In any event, Houston Lighting &
Power Company must be notified promptly of any instance where an employee, of either your company or that of your subcontractors
e Houston Lighting & Power Company January 7, 1985 Mr J E Ramondo, President ST-HL-EB-41 Ebasco Constructors, Inc File No. 41.3 doing business on the South Texas Project, has filed a grievance with the Department of Labor in accordance with Section 210 of the ERA.
We would also need to be kept informed in a timely manner of any subsequent significant developments related thereto.
HL&P would appreciate your prompt attention to this important matter.
HL&P is currently evaluating the need for any further documentation of the implications of Section 210 of the ERA.
Very truly yours, 4
J H Goldberg, Vi e-President Nuclear Engineering and Construction Department JHG/aks cc Messrs J T Westermeier M R Wisenbura__
R C Rasbury R J Maroni D W Halligan (Bechtel)
J Crnich
ATTACHMENT C The Light comPuy ne.,,ee tis,i., a re.., eo. ee, >200 nee,,ee. rex.,2200i <>>3> 228 92i >
s June 14, 1985 ST-HL-EU-23 File: D40.1.1 Mr. R. W. Zaist Construction Manager EBASCO SERVICES. INC.
P. O. Box 1674 Houston, Texas 77414
SUBJECT:
SECTION 210 0F THE ENERGY REORGANIZATION ACT OF 1974 (ERA)
RE:
(a) LETTER FROM J. H. GOLDBERG TO J. ROMAND0 DATED JANUARY 7, 1985, SAME SUBJECT
Dear Mr. Zaist:
g; In Reference (a), Mr. Goldberg expressed several concerns relating to the potential implications for both Ebasco and Houston Lighting & Power of violations of Section 210.
Further, he asked that several actions be taken to minimize the potential exposure. The concern of HL&P in this matter is very real and springs from the fact that violation of that section by either the licensee or one of its contractors or subcontractors may be grounds for enforcement action against the licensee including a civil penalty.
Recent events at the project, i.e. the Department of Labor investigation into complaints filed by three grevious Ebasco QC inspectors who alleged that they were wrongfully laid off, has led us to conclude that our exposure in this area remains unnecessarily high.
To reduce that exposure to an acceptable level, I am requesting that Ebasco perfonn several specific tasks to assure that their personnel system remains equitable and objective and that it continues to contain adequate provisions for documentation of specific personnel actions.
Please take the necessary action to assure that a comprehensive review of Ebasco personnel policies and practices is conducted with specific attention devoted to the followitg areas:
o Promotions o Demotions o Transfers (both internal and external) o Layoffs o Tenninations o Other changes in job responsibilities / terms of employment W1/8290/d
I Houston Lighting & Pbwer Company Mr. R. W. Zaist ST-HL-EU-23 June 14, 1985 D40.1.1 l
Page Two of Three The purpose of the comprehensive review is to assure that your system provides equity, objectivity, and sufficient documentation of any and all such actions, such that documentation will withstand the scrutiny of outside agen-cies. Following the completion of this comprehensive review, I would like the opportunity to review its results with you and discuss any possible changes that you would like to introduce.
As a method of providing additional safeguards for NL&P's interest HL&P will be, on a periodic basis, conducting an assessment of the Ebasco personnel system with specific attention to the areas listed above. Also, as of now, we would like to be routinely infomed of any potentially troublesome personnel actions that are contemplated by Ebasco.
In addition to a discussion of the points enumerated above I would like to have the opportunity to review with you any actions that Ebasco may have taken in response to some of the implicit questions that were raised in Mr. Goldberg's letter of January 7, 1985. These questions included:
a.
For each of your contractors, what specific actions, if any, did you take to address the particular concerns expressed in Mr. Goldberg's letter?
b.
What changes, if any, did you put in place to safeguard against the situation.which recently arose concerning the camp sint filed with the Department of Labor?
c.
What are your written policies on the South Texas project which govern reductions in force and what written procedures implement those policies?
d.
Do you rank or rate people on productivity, performance, etc. and, if so, are such rankings and ratings documented?
e.
If you rank or rate people as discussed above, are such rankings and ratings confidential, or are they discussed with the employee?
If such discussions are held, are they documented?
I recognize that the contents of this letter are such that it will probably require extensive effort on the part of Ebasco to assure that all the questions raised are adequately and completely addressed.
I suggest that we meet within the next two weeks to thoroughly discuss all these issues and to decide upon a mutually satisfactory schedu e for completion.
Fin' ally, because of the nature of NLAP's exposure and our contractual relationships with both Sechtel and Ebasco, we have chosen to deal directly with each of these two major contractors on this issue. Accordingly, all of the W1/8290/d
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Houston Lighting ic Power Company Mr. R. W. Zaist ST-HL-EU-23 June 14. 1985 D40.1.1 Page Three of Three actions taken by Ebasco regarding the subject of this letter will be reviewed directly by HL&P and will not fall under the purview of Bechtel.
I am sending separate correspondence to Bechtel outlining the same plan of action for them.
If you have any questions or comments, please contact me at (713) 993-1301.
Very truly yours.
.T e --
T. Westermeier Project Manager South Texas Project JTW/JEG:wm cc:
J. H. Goldberg J. E. Geiger S. M. Dew M. R. Wisenburg C. Smith (Baker &Botts)
STPRMS(2)
O W1/B290/d
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