ML20147B267

Discusses Investigation 1-93-021R Conducted at Plant by Kl Monroe.Violations Noted:Three Former Senior Managers Took Deliberate Action That Involved Discrimination Against Two Srg Engineers Engaged in Protected Activities

ML20147B267
Person / Time
Site:	Salem
Issue date:	01/11/1995
From:	Cooper R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Vondra C AFFILIATION NOT ASSIGNED
Shared Package
ML20147B009	List: ML20147B004 ML20147B028 ML20147B068 ML20147B094 ML20147B102 ML20147B117 ML20147B137 ML20147B149 ML20147B160 ML20147B169 ML20147B187 ML20147B193 ML20147B205 ML20147B219 ML20147B238 ML20147B247 ML20147B256 ML20147B262 ML20147B267 ML20147B274 ML20147B282 ML20147B287 ML20147B340 ML20147B347 ML20147B354
References
FOIA-96-351 EA-94-239, NUDOCS 9701300124
Download: ML20147B267 (3)

Text

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.M UNITED STATES ~

I g NUCLEAR REGULATORY COMMISSION 4

• [

g E REGION I . .

I C g '8 475 ALLENoALE ROAD I l) D E KING OF PRUSSIA. PENNSYLVANIA 19406-1415 January 11, 1995

EA No.94-239 i

l Mr. Calvin Vondra  !

, HOME ADDRESS DELETED UNDER 10 CFR 2.790 ,

SUBJECT:

ENFORCEMENT CONFERENCE RELATIVE TO NRC INVESTIGATION 1-93-021R

Dear Mr. Vondra:

! This lette.r refers to the investigation conducted at the Salem Nuclear '

! Generating Station by Ms. K. L. Monroe of the NRC.0ffice of Investigations l

(01) Field Office, Region I. The purpose of the investigation was to determine whether certain activities authorized by the licensee were conducted in accordance with NRC requirements. A copy of the synopsis of the l investigation is enclosed.

1 Based on the findings of the investigation, apparent violations were i

identified and are being considered for escalated enforcement action in i accordance with the " General Statement of Policy and Procedure for NRC .

i Enforcement Actions" (Enforcement Policy),10 CFR 2, Appendix C (copy i

enclosed) . The apparent violations involve 10 CFR 50.5 (Deliberate 4 misconduct) and 10 CFR 50.7 (Employee protection). 10 CFR 50.5 prohibits i

licensee employees from engaging in deliberate misconduct that causes the licensee to be in violation of any rule or regulation; and 10 CFR 50.7 3 prohibits the licensee from discriminating against any employee for engaging

- in certain protected activities. The investigation indicates that three

! fonner Salem senior managers, including yourself, took deliberate action that involved discrimination against two Safety Review Group (SRG) engineers who were engaged in protected activities on December 3, 1992. As an agent of the

{ licensee, your acts. caused the licensee to be in apparent violation of the j

requirements of 10 CFR 50.7.

Specifically, on December 3,1992, two SRG engineers attempted to process a j

safety issue, in accordance with station procedures, by submitting an incident report (IR) to you, and the Operations Manager (0M). The IR questioned the 4

safety-related qualification of commercial grade air supply pressure setpoint i

regulators, which control service water flow to the containment fan cooling

] units. In conversations with the SRG engineers, you (with various cooperation and advice of the OM) told the individuals to get out of your office ad i

threatened to have them removed from the site, an action that was interpreted l

2 by the SRG engineers as harassing and intimidating. Upon deliberation, you wrote a memorandum to the General Manager-Quality Assurance and Nuclear Safety l Review (GM-QA/NSR), requesting him to have the engineers removed from any j

direct involvement with Salem station. Subsequently, further apparent discriminating action was directed against the individuals when the GM-QA/NSR l deliberated and took action to reprimand and counsel the SRG engineers l l

l relative to their submittal of the IR and handling of the situation. In  !

conclusion, the NRC investigation determined information that appears to  ;

I l

9701300124 970124 FOIA 1# i PDR l O'NEILL96-351 PDR

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.? '

Mr. Calvin Vondra 2 ,

l I support the finding that the SRG engineers were harassed and intimidated by '

j various actions, directed or taken, by these former senior Salem managers,

! including yourself.

In accordance with NRC policy, an opportunity is p'rovided to hold an

! Enforcement Conference with the licensee, and separately with you, to discuss

! these matters. Since our evaluation is continuing, we are not issuing a l

Notice of Violation at this time, in recognition that the characterization of such violations may change, in nature and number, as the result of further NRC j review.

l In accordance with previous discussions between Mr. Stanley LaBruna of Public i Service Electric and Gas Company, and Mr. John White of this office, an .

Enforcement Conference has been scheduled with the licensee to discuss this

matter, on February 8,1994, at 10:00 a.m., at our Region I office in King of Prussia, Pennsylvania. The conference will be closed to public observation and transcribed. Since you are still an employee of the PSE&G organization, we requested the licensee to make arrangements with you to attend the conference with their organization. In addition, we plan to conduct a separate Enforcement Conference between yourself and the NRC to discuss your involvement in these matters, shortly after the conference with PSE&G. Such a l conference will also be closed to public observation, and will be transcribed. r The provision to hold an enforcement conference does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. The purposes of this conference are to discuss the anparent .

violations, their cause(s) and safety significance; to provide you the opportunity to point out any errors in our understanding of 1.he apparent violations; and to provide an opportunity for you to present corrective actions, taken or planned. In addition, this is an opportunity for you to provide any infomation concerning your perspectives on the nature of the apparent violations, aggravating or mitigating circumstances that the NRC should consider, and other information that will help the NRC detemine the appropriate enforcement action. You will be advised by separate correspondence of the result of our deliberations on this matter. No response regarding the apparent violations is required at this time.

As noted, we intend that the Enforcement Conference with the licensee, Public Service Electric and Gas Company, will be held immediately prior to any Enforcement Conference with you or the other involved former Sales senior managers. You are requested to attend the Enforcement conference with the licensee. If you are asked questions in that meeting, we will arrange for you to answer without the licensee's presence, if you desire, in order to preclude any perception of duress. You are also welcome to be accompanied by legal counsel or representation during the Enforcement Conference. If you have any questions on this matter, please contact Mr. John R. White of our office at (610) 337-5114 (collect).

i Hr. Calvin Vondra 3 A copy of this letter will be provided to Public Service Electric and Gas Company. However, this letter will not be made public or provided to the NRC 1

Public Document Room until the NRC staff makes a final enforcement action j determination in this particular matter.

. 1 1

Sincerely, -

4 h)k hkkf2v Richard W. Cooper, Director l Division of Reactor Projects l Docket Nos. 50-272;50-311

Enclosures:

Investigation Synopsis No. 1-93-021R [

NRC Enforcement Policy (10 CFR 2, Appendix C) ,

i cc w/ encl:

j L. Eliason, Chief Nuclear Officer and President, Nuclear Business Unit I

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