ML20134G812

Forwards Synopsis of NRC OI Completed Rept Re Alleged Discrimination Against Former Stone & Webster Engineering Corp Employee at Browns Ferry Nuclear Plant.Insufficient Evidence to Substantiate Allegation,Presented

ML20134G812
Person / Time
Site:	Browns Ferry
Issue date:	01/27/1997
From:	Lesser M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Kingsley O TENNESSEE VALLEY AUTHORITY
References
NUDOCS 9702110044
Download: ML20134G812 (5)

Text

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January 27, 1997 i Tennessee Valley Authority  :

ATTN: Mr. Oliver D. Kingsley, Jr.

President, TVA Nuclear and Chief Nuclear Officer

, 6A Lookout Place 1101 Market Street  !

Chattanooga, TN 37402 2801 l SUBJ.CT: BROWNS FERRY NUCLEAR PLANT: ALLEGED DISCRIMINATION AGAINST A

, FORMER STONE & WEBSTER IRON WORKER (0FFICE OF INVESTIGATIONS CASE .

NUMBER 2-96 008) l

Dear Mr. Kingsley:

l Enclosed for your information is the synopsis of the Nuclear Regulatory Commission (NRC) Office of Investigations (0I) completed report regarding alleged discrimination against Stone & Webster Engineering Corporation by an employee at the Browns Ferry Nuclear Plant, who filed a complaint with the ,

U.S. Department of Labor. j 01 determined that there was insufficient evidence to substantiate the allegation of discrimination. We plan no further action with regard to this matter. Should you have any questions concerning this letter, please contact us.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2.

Title 10 Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the Public Document Room. 1 Sincerely, MIEPed %

u.s.Lasser Mark S. Lesser, Chief Reactor Projects Branch 6 Division of Reactor Projects Docket Nos.: 50 259, 50 260, and 50 296 License Nos: DPR-33, DPR 52, and DRP 68

Enclosure:

Investigative Synopsis.

01 Case No. 2-96 008 cc w/ encl: (See page 2) 9702110044 970127 PDR ADOCK 05000259 F PDR t \

MS/

! 2 i cc w/ encl:

Mr. O. J. Zeringue, Senior Vice Pres. Mr. E. Preston, Plant Manager

Nuclear Operations Browns Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place P. O. Box 2000

1101 Market Street Decatur, AL 35609 .

1 Chattanooga, TN 37402-2801  !

General Counsel j Dr. Mark 0. Medford, Vice Pres. Tennessee Valley Authority  ;

Engineering and Technical Services ET 10H 1 Tennessee Valley Authority 400 West Sumit Hill Drive i 6A Lookout Place Knoxville, TN 37902 .

! 1101 Market Street .

Chattanooga, TN 37402 2801 Chairman >

Limestone County Commission Mr. R. R. Baron, General Manager 310 West Washington Street Nuclear Licensing Athens, AL 35611 4J Blue Ridge 1101 Market Street State Health Officer Chattanooga, TN 37402 2801 Alabama Dept. of Public Health 434 Monroe Street Mr. P. Salas Manager Montgomery, AL 36130 1701 Licensing & Industry Affairs 4J Blue Ridge Distribution w/ encl: (See page 3) 1101 Market Street Chattanooga, TN 37402 2801 Mr. R. D. Machon, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P. O. Box 2000 becatur, AL 35602 Mr. T. E. Abney, Manager Licensing anti Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Decatur, AL 35609 m )

3 Distribution w/ encl: )

J. R. Johnson, RII '

l M. S. Lesser, RII F. J. Hebdon, NRR '

J. F. Williams, NRR H. L. Whitener, RII C. F. Smith, RII D. H. Thompson, RII J. H. Moorman, RII E. D. Testa, RII

0. DeMiranda, RII PUBLIC NRC Senior Resident Inspector U.S. Nuclear Regulatory Commission 10833 Shaw Road Athens, AL 35611 i

Orrtrr fir $fott [

$!GNATURE NAME ode rando.vyg DATE 1/ / 97 01 / / 97 01 / / 97 01 / / 97 01 / / 97 01 / / 97 COPY? 'ES ND YES NO YES NO YES NO YES NO YES NO bii1LIAL KLLUKU LOPf DVLUMLhl NAMt: 6:\ALLLuG6-Ou6.Di

G 3

Distribution w/o encl:

J. R. Johnson, RII F. J. Hebdon, NRR J. F. Williams, NRR H. L. Whitener, RII C. F. Smith, RII D. H. Thompson, RII J. H. Moorman, RII E. D. Testa RII PUBLIC NRC Senior Resident Inspector U.S. Nuclear Regulatory Commission 10833 Shaw Road Athens, AL 35611 Distribution w/enl:

M. S. Lesser. RII

0. DeMiranda, RII nrnct nevon SIGNATURE NAME 00eMiranda:vyg DATE OM I* / 97 01 / / 97 01 / / 97 01 / / 97 01 / / 97 01 / / 97 COPY? [YES) NG YES NO YES h0 YES NO VES NO YES NO Ur r KIAL\@Cw.D LUPt UU UMthi NAMt: 6:\ALU.6 66-006.01 i

SYNOPSIS 1

This investigation was initiated'b'y the Nuclear Regulatory Commission (NRC),

Office of Investigations (01), Region ll, on March 18,1996, to determine whether the Stone and Webster Engineering Corporation (SWEC) illegally discriminated ,

l against an ironworker formerly employed by SWEC at the Browns Ferry Nuclear Plant (BFN) operated by the Tennessee Valley Authority (TVA), an NRC licensee.

A complaint to the Department of Labor (DOL) Wage and Hour Division was filed on behalf of the complainant / alleger on February 23,1996. The complaint alleged l that since being laid off by SWEC after raising concerns about fire watch  !

procedures in 1993, he was not rehired by SWEC during several work callbacks at  !

BFN, despite being trained and at least as qualified as the ironworkers who were recalled, it was alleged that the failure to rehire him was an act of retaliation and ongoing discrimination by SWEC.

The complaint was investigated by the DOL Wage and Hour Division which issued an investigative finding that SWEC presented clear and convincing evidence the i l

company did not discriminate against the complainant. The finding in favor of SWEC was appealed by the alleger and the matter was assigned to a DOL Administrative Law Judge for adjudication. Prior to the formal ALJ hearing, both parties submitted a mutual, voluntary stipulation of dismissal of the complaint. :vith l prejudice. The stipulation was accepted by DOL and the complaint was ordered  !

dism:ssed on September 27,1996.

An investigation of the discrimination complaint was also conducted by the TVA Office of the Inspector General (TVA/OlG). The TVA/OlG investigation determined that there was insufficient evidence to conclude that SWEC had not rehired the  ;

alleger at BFN since 1993 in retaliation for his expression of a safety concern.

i Based on the evidence and documentation reviewed by 01, the allegation that SWEC illegally discriminated against the alleger was not substantiated.

Case No. 2-96-008 1 ,.

Enclosure r