ML20141B366
| ML20141B366 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Bowsher C, Burton D, Dingell J, Inhofe J, Lieberman J, Raines F, Schaefer D, Thompson F GENERAL ACCOUNTING OFFICE, HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, OFFICE OF MANAGEMENT & BUDGET, SENATE, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, GOVERNMENTAL AFFAIRS |
| Shared Package | |
| ML20141B371 | List: |
| References | |
| NUDOCS 9706230406 | |
| Download: ML20141B366 (14) | |
Text
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D ll f' \ UNITED STATES
? / Si NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20E%-0001 June 11, 1997
%,*****p CHAIRMAN i
i The Honorable Fred Thompson, Chairman Committee on Governmental Affairs United States Senate l Washington, D.C. 20510
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to l recommendations by the General Accounting Office (GAO) within 60 days of I 1
receipt, we hereby submit our responses to the recommendations made by the GA0 I i
in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System ,
l Offers Better Protection, but Important Issues Remain." Specific responses to t
i the GA0 recommendations are presented in the enclosure. l 1
l Sincerely, I
Enclosure:
GA0 Recommendations and NRC Responses 7
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cc: Senator John Glenn
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\ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20661L4001 l
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% . . . . . ,o! June 11, 1997 CHAIRMAN P
The Honorable Dan Burton, Chairman Committee on Government Reform and Oversight United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to l
l recommendations by the General Accounting Office (GA0) within 60 days of l receipt, we hereby submit our responses to the recommendations made by the GA0 in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System l
l Offers Better Protection, but Important Issues Remain." Specific responses to l
l the GA0 recommendations are presented in the enclosure. l Sincerely, Shirley Ann Jackson
Enclosure:
GA0 Recommendations and NRC Responses cc: Representative Henry Waxman I
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 l1
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% ,,,,, # June 11, 1997 CHAIRMAN The Honorable James M. Inhofe, Chairman l
Subcommittee on Clean Air, Wetlands, i Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, D.C. 20510 1
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to l l recommendations by the General Accounting Office (GA0) within 60 days of I receipt, we hereby submit our responses to the recommendations made by the GA0 l in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System )
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Offers Better Protection, but Important Issues Remain." Specific responses to l the GA0 recommendations are presented in the enclosure.
Sincerely, 1
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Enclosure:
GA0 Recommendations and NRC Responses cc: Senator Bob Graham ,
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l The Honorable Dan Schaefer, Chairman l Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to recommendations by the General Accounting Office (GAO) within 60 days of receipt, we hereby submit our responses to the recommendations made by the GA0 i
in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System Offers Better Protection, but Important Issues Remain." Specific responses to l the GA0 recommendations are presented in the enclosure.
Sincerely, i
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Enclosure:
GA0 Recommendations and NRC Responses cc: Representative Ralph Hall i
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% NUCLEAR REGULATORY COMMISSION l S WASHINoTON, D.C. 20555-0001 1 g
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. % . . . . . p' June 11, 1997 CHARMAN '
l l The Honorable John Dingell United States House of Representatives Washington, D.C. 20515
Dear Congressman Dingell:
In accordance with the statutory obligation to respond to l recommendations by the General Accounting Office (GAO) within 60 days of i
receipt, we hereby submit our responses to the recommendations made by the GA0 ,
I' in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS Allegation System Offers Better Protection, but Important Issues Remain." Specific responses to the GA0 recommendations are presented in the enclosure.
Sincerely, b
Enclosure:
GA0 Recommendations and NRC Responses i
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pf* 'g . NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056tW)001 5 [
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CHAIRMAN I
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The Honorable Joseph I. Lieberman l United States Senate Washington, D.C. 20510
Dear Senator Lieberman:
In accordance with the statutory obligation to respond to recommendations by the General Accounting Office (GAO) within 60 days of )
i receipt, we hereby submit our responses to the recommendations made by the GA0 !
in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System Offers Better Protection, but Important Issues Remain." Specific responses to the GA0 recommendations are presented in the enclosure.
Sincerely, b ~
Enclosure:
GA0 Recommendations and NRC Responses l
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556-0001 l
> e June 11, 1997
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CHAIRMAN l
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l The Honorable Charles A. Bowsher !
l Comptroller General of the United States l l General Accounting Office l Washington, D.C. 20548 ;
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Dear Mr. Bowsher:
l In ncordance with the statutory obligation to respond to recommendations by the General Accounting Office (GA0) within 60 days of receipt, we hereby submit our responses to the recommendations made by the GA0 in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System i
Offers Better Protection, but Important Issues Remain." Specific responses to !
the GA0 recommendations are presented in the enclosure. 1 Sincerely,
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Enclosure:
l GA0 Recommendations and NRC Responses i
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l UNITED STATES p 4,g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556-0001 k,..... June 11, 1997 CHAMMAN l
The Honorable Franklin D. Raines i Director Office of Management and Budget Washington, D.C. 20503 l
Dear Mr. Raines:
l In accordance with the statutory obligation to respond to j l
l recommendations by the General Accounting Office (GA0) within 60 days of l
receipt, we hereby submit our responses to the recommendations made by the GA0 in its report entitled " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System Offers Better Protection, but Important Issues Remain." Specific responses to l
l the GA0 recommendations are presented in the enclosure.
Sincerely, Shirley Ann Jackson l l
Enclosure:
GA0 Recommendations and NRC Responses )
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GA0 RECOMMENDATIONS AND NRC RESPONSES The General Accounting Office (GAO), in its report " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System Offers Better Protection, but Important Issues Remain," made specific recommendations for improving the timeliness of the Department of Labor's allegations processing, the NRC's ability to monitor the allegation process, and the NRC's knowledge of the work environment at nuclear power plants. The recommendations and the NRC's responses are provided below.
Recommendation 1:
To improve the timeliness of Labor's processing, we recommend that the Secretary of Labor establish and meet realistic timeliness standards for all three steps in its process for investigating discrimination complaints by employees in the nuclear power industry.
NRC Response:
The NRC agrees with this recommendation. As noted on page 16 of the report, the NRC has drafted legislation that would establish realistic timeliness standards. The draft was provided to D0L on November 11, 1996, for comment and a meeting was held with 00L on March 3, 1997, to discuss the draft. The NRC currently is waiting for comments from D0L. Upon receipt of the comments, NRC will prepare a final proposal for approval by both agencies and subsequently submit the legislation to Congress.
Regommendation 2:
To improve the NRC's ability'to monitor the allegation process, we recommend that the Chairman, NRC, complete the implementation of the NRC review team's recommendation to establish and operate the revised Allegation Management System in all organizational components within the NRC. We also recommend that- the Chairman, NRC, and the Secretary of Labor coordinate information on the status of cases at Labor.
NRC Response:
While the NRC agrees with the intent of this recommendation, we do not believe it was the review team's intent that the Allegation Management Systeni (AC) be established and operated in all organizational components within the NRC. The review team's recommendation concerning the AMS was that:
"The NRC should revise the Allegation Management System to be able to track and monitor an allegation from receipt to the completion of agency action."
The AMS currently has the capability to track and monitor allegations from receipt to completion of agency action, including allegations that involve
, complaints of discrimination filed with DOL. This tracking includes the N1C's
! investigative results and any subsequent enforcement action, as well as each stage of the 00L process.
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2 With regard to who has access to the system, the primary users of the AMS are the four regions and the Offices of Nuclear Reactor Regulation, Nuclear j Materials Safety and Safeguards, and State Programs. These organizations are i responsible for receiving, resolving, and tracking allegations. Other officr.s that use data from the AMS are the Offices of Enforcement, Investigations, and Analysis and Evaluation of Operational Data (AEOD). The primary users currently nave direct access to the AMS and the other offices have access to the data in AMS. Following completion of an upgrade to the software in June 1997, the Offices of Enforcement, Investigations, and AE00 will be provided i direct access to the AMS.
In response to the recommendation that NRC and DOL coordinate information on the status of cases at DOL, NRC and D0L currently are reviewing a revision to the Memorandum of Understanding (M0V) between the two agencies. The revised MOV contains provisions for DOL to provide the NRC with a monthly list of the complaints filed under Section 211 of the Energy Reorganization Act of 1974, and to promptly provide to the NRC copies of all decisions issued by the i Occupational Safety and Health Administration (OSHA) concerning these complaints and all settlement agreements. Since OSHA numbers their cases, the NRC will be able to track complaints filed with D0L as they progress through the DOL process.
Recommendation 3:
To improve NRC's knowledge of the work environment at nuclear power plants, we
, recommend that the Chairman, NRC, ensure the implementation of recommendations
- to provide information on the extent to which the environment in nuclear power plants is favorable for employees to report health or safety hazards without i fear of discrimination. This would include recommendations on tracking and monitoring allegation cases and settlements, routinely providing feedback forms in allegation case close-out correspondence, systematically following up on chilling effect letters, and using a survey or other systematic method of obtaining information from employees.
NRC Response:
We agree that additional information would be useful in assessing whether the environment at nuclear power plants is conducive to employees raising health and safety concerns. The NRC currently is tracking, monitoring, and trending allegations for the purpose of providing insights into the environment at I nuclear power plants. Additionally, within the last month, the AMS was I modified to accommodate tracking, monitoring, and trending of settlements that occur during the DOL process and chilling effect letters issued by the NRC.
With respect to including feedback forms in closure correspondence, as noted on page 24 of the report, in December 1995 the NRC did send feedback forms to a randomly selected sample of 145 allegers and received 44 responses. The NRC l will send feedback forms to another random sample of allegers in the third quarter of 1997. After analyzing the responses and evaluating the resource 1 implications, the NRC will decide whether to include the form in all closure I correspondence routinely.
- l 3
On February 26, 1997, the NRC published in the F'ederal Register a request for public comment on several strategies for evaluating the environment at licensee facilities. The comment period closed on May 27, 1997. The NRC staff currently is evaluating the comments and will develop proposals for the Commission's consideration.
Separate from the request for public comment, the NRC's Office of Research currently is conducting a review of available methodologies for assessing work ;
environments, including survey instruments. The results of this review will '
be considered in the staff's analysis of the public comments and any subsequent proposals to the Commission. '
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j GA0 RECOMMENDATIONS AND NRC RESPONSES
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The General Accounting Office (GAO), in its report " NUCLEAR EMPLOYEE SAFETY CONCERNS - Allegation System Offers Better Protection, but Important Issues Remain," made specific recommendations for improving the timeliness of the )
Department of Labor's allegations processing, the NRC's ability to monitor the l allegation process, and the NRC's knowledge of the work environment at nuclear power plants. The recommendations and the NRC's responses are provided below.
Recommendation 1:
To improve the timeliness of Labor's processing, we recommend that the Secretary of Labor establish and meet realistic timeliness standards for all I three steps in its process for investigating discrimination complaints by l employees in the nuclear power industry. l NRC Response:
The NRC agrees with this recommendation. As noted on page 16 of the report, l the NRC has drafted legislation that would establish realistic timeliness !
standards. The draft was provided to DOL on November 11, 1996, for comment and a meeting was held with DOL on March 3, 1997, to discuss the draft. The NRC currently is waiting for comments from DOL. Upon receipt of the comments, NRC will prepare a final proposal for approval by both agencies and subsequently submit the legislation to Congress.
Recommendation 2: .
l To improve the NRC's ability to monitor the allegation process, we recommend l that the Chairman, NRC, complete the implementation of the NRC review team's recommendation to establish and operate the revised Allegation Management System in all organizational components within the NRC. We also recommend that the Chairman, NRC, and the Secretary of Labor coordinate information on the status of cases at Labor.
NRC Response:
While the NRC agrees with the intent of this recommendation, we do not believe it was the review team's intent that the Allegation Management System (AMS) be established and operated in all organizational components within the NRC. The review team's recommendation concerning the AMS was that:
"The NRC should revise the Allegation Management System to be able to track and monit of agency action. ;or an allegation from receipt to the completion The AMS currently has the capability to track and monitor allegations from receipt to completion of agency action, including allegations that involve complaints of dis; eimination filed with D0L. This tracking includes the NRC's investigative resu hs and any subsequent enforcement action, as well as each stage of the DOL process.
a i,
}
, 2 With regard to who has access to the system, the primary users of the AMS are
- the four regions and the Offices of Nuclear Reactor Regulation, Nuclear
. Materials Safety and Safeguards, and State Programs. These organizations are responsible for receiving, resolving, and tracking allegations. Other offices
! that use data from the AMS are the Offices of Enforcement, Investigations, and l Analysis and Evaluation of Operational Data (AE0D). The primary users
- currently have direct access to the AMS and the other offices hava access to the data in AMS. Following completion of an upgrade to the software in June
~
1997, the Offices of Enforcement, Investigations, and AE00 will be provided
! direct access to the AMS.
! In response to the recommendation that NRC and DOL coordinate information on 1 the status of cases at DOL, NRC and DOL currently are reviewing a revision to the Memorandum of Understanding (MOV) between the two agencies. The revised L MOV contains provisions for D0L to provide the NRC with a monthly list of the j complaints filed under Section 211 of the Energy Reorganization Act of 1974, and to promptly provide to the NRC copies of all decisions issued by the Occupational Safety and Health Administration (OSHA) concerning these complaints and all settlement agreements. Since OSHA numbers their cases, the NRC will be able to track complaints filed with DOL as they progress through the D0L process.
Recommendation 3:
To impr.ove NRC's knowledge of the work environment at nuclear power plants, we recommend that the Chairman, NRC, ensure the implementation of recommendations to provide information on the extent to which the environment in nuclear power plants is favorable for employees to report health or safety hazards without fear of discrimination. This would include recommendations on tracking and monitoring allegation cases and settlements, routinely providing feedback forms in allegation case close-out correspondence, systematically following up cn chilling effect letters, and using a survey or other systematic method of obtaining information from employees.
NRC Response:
We agree that additional information would be useful in assessing whether the environment at nuclear power plants is conducive to employees raising health and safety concerns. The NRC currently is tracking, monitoring, and trending allegations for the purpose of providing insights into the environment at nuclear power plants. Additionally, within the last month, the AMS was modified to accommodate tracking, monitoring, and trending of settlements that occur during the DOL process and chilling effect letters issued by the NRC.
'With respect to including feedback forms in closure correspondence, as noted on page 24 of the report, in December 1995 the NRC did send feedback forms to a randomly selected s' ample of 145 allegers and received 44 responses. The NRC will send feedback forms to another random sample of allegers in the third quarter of 1997. After analyzing the responses and evaluating the resource implications, the NRC will decide whether to include the form in all closure correspondence routinely.
i 3
l On February 26, 1997, the NRC published in the Federal Register a request for )
public comment on several strategies for evaluating the environment at licensee facilities. The comment period closed on May 27, 1997. The NRC staff currently is evaluating the comments and will develop proposals for the Commission's consideration.
Separate from the equest for public comment, the NRC's Office of Research currently is conducting a review of available methodologies for assessing work environments, including survey instruments. The results of this review will be considered in the staff's analysis of the public comments and any subsequent proposals to the Commission.
l 1
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