ML20134G681

Responds to in Reply to NOV Issued on 960529 Re DOL Cases Involving Mb Hobby & AL Mosbaugh,Former Employees of Gpc

ML20134G681
Person / Time
Site:	Vogtle
Issue date:	01/13/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Hairston W GEORGIA POWER CO.
References
EA-95-171, NUDOCS 9702100507
Download: ML20134G681 (5)

Text

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. , , January 13, 1997 l

1 EA 95 171 and EA 95 277 j i

Georgia Power Company '

ATTN

Mr. W. George Hairston, III  ;

Executive Vice President Nuclear Operations Post Office Box 1295 Birmingham, Alabama 35201

SUBJECT:

REVIEW 0F REPLY TO NOTICE OF VIOLATION

' (De)artment of Labor Case Nos. 90 ERA 030, 91 ERA 001, and 91 ERA 011)

Dear Mr. Hairston:

4 This is in response to your letter of June 27, 1996, which was in reply to our Notice of Violation (Notice) issued on May 29, 1996, regarding Department of

Labor (DOL) cases involving Mr. Harvin B. Hobby (EA 95171) and

Mr. Allen L. Mosbaugh (EA 95-277), former employees of the Georgia Power

. Company (GPC). In both of these cases, the Secretary of Labor found that GPC discriminated against these former employees for engaging in protected activities. As a result of these findings, NRC issued a Severity Level I violation for each of the violations of 10 CFR 50.7.

In its reply, GPC denied the violations and provided explanations and {

documentation to support its position. In addition, GPC stated that (1) NRC i action in these cases is premature in that the Secretary of Labor decisions '

are not yet final: (2) reinstatement of Hessrs. Hobby and Hosbaugh would be disruptive during the interim period while the final decisions are unknown; and (3) the Notice of Violation should explicitly acknowledge GPC's right to a) peal the Secretary of Labor's decisions and should provide for withdrawal of tie violations in the event the decisions are overturned.

We note that in the case of Mr. Hosbaugh, the DOL Administrative Review Board (ARB) issued a " Final Order Approving Settlement and Dismissing Comalaint" dated August 23, 1996. In that order (ARB Case No. 96 067), the AR3 approved the settlement agreement and dismissed the Hosbaugh comalaints with prejudice.

By Order dated August 29,1996, the D0L Administrative _aw Judge effectuated  ;

the ARB Order and dismissed both DOL cases (91 ERA 1 and 91 ERA 11) related to j Hr. Mosbaugh. Based on the settlement agreement and subsequent order of i dismissal with prejudice, the Hosbaugh case is now moot as it relates to further appellate review or other adjudicatory action.

As to your denial of the violations, NRC evaluated your reply and the supplemental information that was provided and/or referenced. In general, the additional information had been considered by NRC in its deliberations in these cases as it was presented to the NRC during the October 4, 1995, predecisional enforcement conference and in other docketed correspondence related to these cases. As communicated to you previously NRC enforcement 9702100507 970113 PDR P

ADOCK 05000424 PDR

( c GPC 2 actions in discrimination cases such as these are based on the 00L decision.

Absent compelling, new information to refute the Secretary of Labor's conclusions in these cases, the NRC finds no basis at this time to challenge the decision. Therefore, the violations stand as cited in the original Notice.

Further, we recognize your right to appeal the Secretary of Labor's decision and note your intent to do so with regard to the case related to Mr. Hobby.

In the event that case is successfully ap maled at a later date and the Secretary of Labor's Decision reversed, t1e NRC will reconsider the enforcement action at that time.

At this time, no additional response to the Notice of Violation is required.

As addressed above, if a future appeal of the Hobby case is successful. NRC will re evaluate the enforcement action. However, if unsuccessful, GPC shall provide to NRC a supplemental response to the Notice of Violation addressing any additional corrective actions within 30 days of completion of the judicial review and issuance of a decision in the case. In the interim, please keep the NRC informed of the status of any appeals and provide copies of the briefs or other filings in the case to the Director, Office of Enforcement.

If you have any questions, please contact Mr. Bruno Uryc, Director.

Enforcement and Investigations Staff or Ms. Carolyn Evans, Regional Counsel at 404 331-5501.

Sincerely, A \

bn Luis A. Reye Regional A i 'strator Docket Nos. 50 424 and 50 425 License Nos. NPF 68 and NPF 81 cc:

J. D. Woodard Senior Vice President Georgia Power Company P. O. Box 1295 Birmingham, AL 35201 J. B. Beasley General Manager, Plant Vogtle l Georgia Power Company P. O. Box 1600 Waynesboro, GA 30830 CC: (Cont'd on Page 3)

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4 GPC 3 CC (Cont'd):

J. A. Bailey Manager-Licensing Georgia Power Company P. O. Box 1295 Birmingham, AL 35201 Jim Hurt, Director Consumers' Utility Counsel Division Governor's Office of Consumer Affairs 2 M. L. King, Jr. Drive Plaza Level - East: Suite 356 Atlanta, GA 30334 4600 Office of Planning and Budget Room 615B 270 Washington Street, SW Atlanta, GA 30334 Office of the County Commissioner Burke County Commission Waynesboro, GA 30830 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Thomas Hill, Manager Radioactive Materials Program Department of Natural Resources 4244 International Parkway Suite 114 Atlanta, GA 30354 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 Thomas P. Mozingo Manager of Nuclear Operations Oglethor)e Power Corporation 2100 E. Exchange Place Tucker, GA 30085 1349 Charles A. Patrizia. Esq.

Paul Hastings, Janofsky & Walker 10th Floor 1299 Pennsylvania Avenue i Washington, D. C. 20004 9500 l

i

GPC 4 Distribution:

PUBLIC HThompson, EDO EJordan, DED0 LReyes, RII LChandler, 0GC JGoldberg, 0GC EJulian, SECY BKeeling, CA Enforcement Coordinators RI, RIII, RIV JLieberman, OE MSatorious, OE OE:EA File (B. Summers, OE) (2 Letterhead)

LCoblentz, OE EHayden, OPA

. GCaputo, 01 1 EJordan, AE00 ,

HBell, 0IG

- DWheeler, NRR

{ DHood, NRR n' hight, RII- 1 CEvans. RII i BUyrc, RII

< KClark, RII

! RTrojanowski RII PSkinner, RII ABoland, RII NRC Senior Resident Inspector U.S. Nuclear Regulatory Commission 8805 River Road

Waynesboro, GA 30830 4

4 4

SEND TO PUBtIC DOCUMENT R00M1 YES OFFICf Ril'ORP Ril-DRP Ril f!CS Ril ORA RII d ) #11-0E Signature CON NAME PSKINNER JJOHNSON BURYC CEVANS F JLIEBERMAN

• OATE 01/ /97 01/ /97 01/ /97 01/ #97 01/ T /97 01/07/97

C0py? No No No e No m o i

0FFICIAL RECORD COPY DOCUMENT NAME:H:\1950 PEN.ENF\MOS8AUGH.DIR\RESPx3.FNL .

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• SEE PREVIOUS CONClRRENCE PAGE 10014r; 4

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GPC 4 l Distribution:

l PUBLIC HThompson, EDO EJordan, DED0 LReyes, RII LChandler, 0GC JGoldberg, 0GC EJulian, SECY BKeeling, CA Enforcement Coordinators RI, RIII, RIV JLieberman, OE MSatorious, OE 0E:EA File (B. Summers, OE) (2 Lett head)

LCoblentz, OE EHayden, OPA GCaputo. OI EJordan, AE00 HBell , 0IG DWheeler, NRR SN,UYLNRR, 5vaEs[R$i BUyrc, RII KClark, RII RTrojanowski,RII PSkinner, RII ABoland, RII NRC Senior Re dent Inspector U.S. Nuclea Regulatory Commission 8805 River ad Waynesboro GA 30830 SEND TO PUR IC 000hNT ROOMS YES OFFICE RtOR Ril DRP Rif [dCS RJ I D. RI! ORA R,ft 0W-Signature \. j / t CON NAME PSKINNER eW. BlFYC, CEV06 EMERSHC0FF  ;

EBERP%N DAYE 01/ /97 01/ y/97 Old I97 01/ O *3 /97 01/ /97 01/07/97 COPY? NO NO NO NO NO NO OFFICIAL RECORD COPY DOCUMENT NAME H:\1950 PEN.ENF\MOSBAUGH.DIR\RESPx2.FNL i