ML20137H133

Responds to Request of 951108 for Investigative Assistance in Interviewing R Sawyer & K Zarht Re Alleged Discrimination & Wrongful Termination of Contractor Radiation Protection Technicians at Fort St Vrain,Oi Case A4-95-064

ML20137H133
Person / Time
Site:	Fort Saint Vrain
Issue date:	12/29/1995
From:	Williamson E NRC OFFICE OF INVESTIGATIONS (OI)
To:	Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
Shared Package
ML20137H118	List: ML20137H113 ML20137H133 ML20137H173 ML20137H237 ML20137H247 ML20137H255 ML20137H265 ML20137H295 ML20137H311 ML20137H320 ML20137H353
References
FOIA-96-434 NUDOCS 9704020068
Download: ML20137H133 (6)

Text

, , , _. .

,_. _ m._ - - _ _ -- . - -~ - >------ --

q C t*;p%

UNf7E*J STATES - '

~

NUCLEAR REOULATCRY CUMMISSION Y

[4

• ,[ **' LU'A'#d?"Ssfsu7#' o d '* *

• ARLINGTON, TEXAS 700114064 /n/

r ***** December 29, 1995 i

1 .

j MEMORANDUM FOR: L. J. Callan, Regional Administrator i Region'IV i

FROM: . E.L.Williamson, Director (M Office of Investigations Field Office, Region IV i

SUBJECT:

ASSIST TO INSPECTION CLOSURE OF FORT ST. VRAIN: ALLEGED i DISCRIMINATION AND WRONGFUL TERMINATION OF CONTRACTOR RADIATION PROTECTION TECHNICIANS (0! CASE NO. A4-95-064) j I

In response to your request of November 8,1995, for investigative assistance j

in interviewing Roland SAWYER, former Senior Radiation Protection Technician, and Day Shift Supervisor, and Kenneth ZARHT, former Radiation Protection Operations Supervisor for Scientific Ecology Group (SEG), a subcontractor at i Public Service of Colorado, Fort St. Vrain NJclear Generating Station (FSV),

Investigator Jonathan Armenta, Jr., traveled to Thorton, Colorado, and was j present from November 13 - 14, 1995, to assist Charles CAIN, Nuclear

Regulatory Commission (NRC), Technical Assistant. Division of Nuclear Material Safety, Region IV, in the conduct of interviews. You indicated that SAWYER

and.ZARHT had complained that the NRC had issued a Notice of Violation to them-

without interviewing them about health physics issues at FSV.

1 i Both SAWYER and ZARHT were terminated by SEG after an investigation by Stier, 4

' Anderson, & Malone, Washington D.C., identified them as having falsified '

records relating to vehicle surveys and radiation work permits. A review of j the transcribed interviews disclosed that SAWYER and ZARHT denied having falsified any records relating to the vehicle surveys and radiation work permits described above. The review of the transcribed interviews by your staff also disclosed there was no indication of wrongdoing.

i On December 18, 1995, the RIV Allegation Review Panel convened and discussed subject assist and determined that no additional intervi'sws and/or any other e

1 investigative effort was warranted. The inspection effort has been completed, and it has been determined that the NRC Staff has no further need for l assistance by the OI:RIV.

Should.the need arise for any further assistance with subject assist, please

. do not hesitate to call. This matter will be closed in the files of this office.

cc: J. Lieberman, OE

L. Chandler, OGC 1

)

(1 9704020068 970324

$gG,$34 paa [ / /-- ,/~

/ / ^'

' ~ ' " * *

• 4 j

# CASE CHRONOLOGY

P0 W W fitAt /

1 ,,a on .

j .$/ o / E Y-/P- PC on.o . b,wct6L, .

on .,

l -

l ,

i l 4-27Ji5 C4 -4//U 4 6 <%/wd . .smd kV Anc. A n~Q & 4, s l

l. of u)K chjfr: A?.ud% W iM F.rV' Onr'QL . $ a,b j _

i s-5 I - % be*<l n .! N inun L~ W L / J .,,,an7, w sg &ip f l ,

6- &9 s 4ta w4lol l4rtN f$r de Ab: r/asik aie_.

' thWf l '7G #ls c/A o r W b T:o D nb.rwed unrW aj) Achaf dra# . I

!2-7-4< c/A- AuhIhJ Rol c\rd 4 u)/corre.ekb b b%k run 8-M-95 k Fo?> M Ae.cif%1,.,)oe,a'A W.3br '

l i ,

1 I l l

! l

! i

. l .

i I i

l l i . 1

I 1

l l I i . i I '

l i I  ;

4 i -

l t i

i I- .!

i, l i

! I I i

! l l .l l l l j l l l

j l \

l I i emrre can - . . arm

-, .. rc.n - e== i. - * - = = =

- c N

. . . .. rior.. . . r an u i

-= . - . . . . - - - - . . .-

S .. m -

7 D y( Ib -

j INVESTIGATION STATUS RECORD i

~

case No.: 4-95-015 Facility: FORT ST. VRAIN Allegation No.: RIV-95-A-0054 Case Agent: ARMENTA '

Docket No.: 50-267 Date Opened: 04/18/95 Source of Allegation: Licensee (L) Priority: N (J. CALLAN, RA:RIV)

, Notified by: WISE, SAC:RIV Staff

Contact:

CHARLES L. CAIN Category: WR Case Code: R0 Subject / Allegation: ALLEGED DELIBERATE FAILURE OF CONTRACT EMPLOYEE TO PERFORM DAILY RESPONSE CHECKS ON PORTABLE CONTAMINATION MONITOR Remarks: 10 CFR 50.9 Monthly Status Report:

04/18/95: On April 18, 1995, Public Service Company of Colorado (PSC) at the Fort St. Vrain Nuclear Generating Station (FSV), reported that a Scientific Ecology Group [ contractor on site] employee, an instrument technician, had failed to perform daily response checks on a 6A and IB portable contamination monitors and a beta-gamma counter. The licensee also notified NRC:RIV staff that an internal independent investigation had already been initiated to determine if the SEG instrument technician had falsified any documentatien or intended to deceive his employer. This technician was assigned noncritical instrumentation work at the site such as daily instrument response checks and simple instrument repairs, but not critical instrument calibrations. He was on day shift for about 3 months with no observable negative behavior or work habits. He then transferred to the night shift about 2 months ago.

The licensee related they had identified, during March 1995, that coworkers went to this technicians's supervisor, the SEG instrument coordinator / supervisor, with concerns about the technician's work habits. A list of concerns were presented to the supervisor, including concerns about " paper discrepancies" and sleeping during work hours. The licensee has reported that the instrument technician has resigned and is no longer on site. Status: FWP

[ Field Work in Progress) ECD: 07/95

/

n k

,, 7.c

I i i

g LIMITED DISTRIBUTION -- NOT FOR PUBLIC DISCLOSURE l'

INVESTIGATION STATUS RECORD 1 1  !

Case No.: 4-95-015 Facility: FORT ST. VRA!N I

Allegation No.

RIV-95-A-0054 Case Agent: ARMENTA i

Docket No.: 50-267 Date Opened: 04/18/95

, Source 6f Allegation: Licensee (L) Priority: N (J. CALLAN, RA:RIV) i i Notified by: WISE, SAC:RIV Staff

Contact:

CHARLES L. CAIN Category: WR . Case Code: R0

)

Subject / Allegation: ALLEGED DELIBERATE FAILURE OF CONTRACT EMPLOYEE TO PERFORM DAILY RESPONSE CHECKS ON PORTABLE CONTAMINATION HONITOR

! Remarks: 10 CFR 50.9 I i Monthly Status Report: Page 2  !

04/30/95: Case agent awaiting internal report of investigation from one of the licensee's contractors on site. Licensee reported to have internal investigation completed by early May 1995. Status: FWP ECD: 07/95 05/31/95: Received report of investigation from licensee. Case agent will -

review / evaluate licensee's report. Status: FWP ECD: 07/95 06/30/95: Field work completed. Initial draft ROI has been submitted to F00.

DOJ has rendered an oral declination. Status: RIO ECD: 07/95 07/31/95: ROI in F0D/ Administrative review. The 90-day decision point has been met, and the initial ECD is being established for 10/95.

Status: RIO ECD: 10/95 08/31/95: Case F0D closed on 08/17/95. Investigator received an oral declination on 06/28/95 by D0J.

l l

Closed: - 08/17/95 Closed Action: 5 Staff days to completion (WAR):

Issued: 08/I7/95 Referred:

D0J Action: DEC D0J Action Date: 06/28/95 (verbal)

LIMITED DISTRIBUTION -- NOT FOR PUBLIC DISCLOSURE WITHOUT 01 APPROVAL

/  ! </ s. D ,

=w  % 4 - 4+ _ . _ . - .

. p

r. .

j 's" " %,, UNITED STATtS

• - 't NUCLEAR REGULATORY COMMISSION

. $ REGION IV 611 RYAN PLAZA DRIVE. SUITE 400

• e,,+9+ i. #gy 8 y ARUNGTON. TEXAS 76011 i

DATE/ TIME: Y-M Y PRIORITY:

i Immediately 1 Hour 2-4 Hours MESSAGE TO: d1R

[

CFMSA/C/

/ /

/

I MESSAGE FROM: (tw.6 A F p.A 4. , ,

NUMBER OF PAGES: PLUS TRANSHIITAL SHEET i

TELECOPY NUMBER: [- 3 0 3

• b20. /7 O 7 VERIFICATION NUMBER: 8-[fO '860 ~8M CONTACT: $ h)>ths 4, i O P fj' .

! r SPECIAL INSTRUCTIONS / ATTACHMENTS (S):

6a.t. AhkcLed ;

f"& YY /

fgfA  ;%%w + kb f scA . Y s

... _ _ _ _.._ _(PS _ _. _ _ _ _ _._ _ _I_ _ _ _h_ _a.o_ _e _ _n_o_i_ _ _ _re c_W

.__ ____. 4 a.g._hktd.c..

A__e A______

DISPOSITION:  ;

Transmitted & Verified by: Return to Originator l l

,/. .t. :( Place in Mail l Other

'MA,+DM14 a m'A4 -eaW.a =1 s4 .A s-a Aw 44a&--me,--,smsA64,44+< g 44 A+4A,4- <M.k Ss aix,-+Jkmsmak.,M,a-A 4 A_- asm _ h Aw e .,a .

't' /6 95 A$t, l

l fb f A _

f

, h(

k w.crthcul.

l

~N% < w rss,-Q Y

i hEQ 1

t

. s

~

il$Y $

I b

Y Y N$ f i

l N5 fNYY L Yi & $W hf h

SM U f h

V

&A e wL CM i

! nw4 ,

s aM ,

3 g g' Q 4

(

I 4

Msn as 1 nc<ni (+ -1x dos < &

l SAk krJ~2 r, - . . . .-. .