ML20148B143

Discusses a Bartlik 880126 Complaint Alleging That Util Refused to Extend or Renew a Bartlik Contract in Retaliation for Identification of Problems W/App R Program.Responses to Listed Subj Requested within Five Days of Ltr Date

ML20148B143
Person / Time
Site:	Sequoyah
Issue date:	03/16/1988
From:	Ebneter S NRC OFFICE OF SPECIAL PROJECTS
To:	White S TENNESSEE VALLEY AUTHORITY
References
NUDOCS 8803210358
Download: ML20148B143 (3)

Text

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!o n, UNITED STATL i s, g NUCLEAR REGULATORY COMMISSION f

j W ASHINGTON D. C. 20555

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MAR 161983 Docket Nos. 50-327/328 Mr. S. A. White Manager of Nuclear Power Tennessee Valley Authority 6N 38A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

LETTER FROM BENNIE L. EDWARDS, AREA DIRECTOR, DEPARTMENT OF LABOR RE ANDREW BARTLIK V. TENNESSEE VALLEY AUTHORITY On January 26, 1988, Mr. Andrew Bartlik filed a complaint with the Secretary of Labor under the Energy Reorganization Act, Public Law 95-601, Section 210, 42 U.S.C. 5851. In his complaint, Mr. Bartlik alleged that TVA refused to extend or renew Mr. Bartlik's contract in retaliation for his identification of problems with TVA's Appendix R program at Sequoyah.

On March 11, 1988, the Area Director of the Wage and Hour Division of the U.S. Department of Labor (DOL) notified you of the results of its investigation in the above-captioned case. The DOL Area Director concluded that Mr. Bartlik was discriminated against by TVA's refusal to extend or renew his contract "because of his identification of problems with TVA's Appendix R program at Sequoyah Nuclear Plant and because of his vigorous approach to the raising of nuclear safety issues."

Although the NRC recognizes that you will likely appeal the Area Director's determination, the NRC is concerned that a violation of the employee protection provision set forth in 10 CFR 50.7 may have occurred and that the actions taken against Mr. Bartlik may have had a chilling effect on other licensee or contractor personnel regardless of whether a violation occurred. These issues are of particular concern to the l

NRC in view of the fact that some of Mr. Bartlik's technical allegations have been substantiated during the NRC's review of the allegations.

Therefore, you are requested to provide this office, within five days of the date of this letter, a response which:

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1. Provides the basis for the employment action regarding Mr. Bartlik; and I

l 2. Describes the actions, if any, taken or planned to assure that this employment action does not have a chilling effect in discouraging other licensee or contractor employees from raising safety concerns, geo3210350gg83M27 PDR ADOCK PDR F

Tennessee Valley Authority After reviewing your response, the NRC will determine whether enforcement action is necessary to ensure compliance with regulatory requirements.

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 will be placed in the NRC Public Document Room.

The response requested by this letter is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely, original signed by Stewart D. Ebneter, Director Office of Special Projects DISTRIBUTION Docket File JPartlow NRC POR ACRS (10)

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Mr. S. A. White Tennessee Valley Authority Sequoyah Nuclear Plant ec:

General Counsel Regional Administrator, Region II Tennessee Valley Authority U.S. Nuclear Regulatory Comission 400 West Sumit Hill Drive 101 Marietta Street, N.W.

Eli B33 Atlanta, Georgia 30323 Knoxville, Tennessee 37902 Resident Inspector /Sequoyah NP Mr. R. L. Gridley c/o U.S. Nuclear Regulatory Comission Tennessee Ve.11ey Authority 2600 Igou Ferry Road SN 157B Lookout Place Soddy Daisy, Tennessee 37379 Chattanooga, Tennessee 37402-2801 Mr. Richard King Mr. H. L. Abercrombie e/o U.S. GA0 Tennessee Valley Authority 1111 North Shore Drive Sequoyah Nuclear Plant Suite 225, Box 194 P.O. Box 2000 Knoxville, Tennessee 37919 Soddy Daisy, Tennessee 37379 Tennessee Department of .

Mr. M. R. Harding Public Health '

Tennessee Valley Authority ATTN: Director, Bureau of Sequoyah Nuclear Plant Environmental Health Services P.O. Box 2000 Cordell Hull Building Soddy Daisy, Tennessee 37379 Nashville, Tennessee 37219 Mr. D. L. Williams Mr. Michael H. Mobley, Director Tennessee Valley Authcrity Division of Radiological Health 4JG West Sumit Hill Drive T.E.R.R.A. Building W10 B85 150 9th Avenue North Knoxville, Tennessee 37902 Nashville, Tennessee 37203 County Judge Dr. Henry Myers, Science Advisor Hamilton County Courthouse Comittee on Interior Chattanooga, Tennessee 37402 and Insular Affairs U.S. House of Representatives

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Ms. Lynne Bernabei Washington, D.C. 20515 Bernabei & Katz 1773 T Street, N.W.

Washington, D.C. 20009 l

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