ML20149J203

Notice of Violation from Insp on 930825.Violation Noted: DA Tritt Discharged from Employment on 871203,for Engaging in Protected Activities (88-ERA-29)

ML20149J203
Person / Time
Site:	Crystal River
Issue date:	02/16/1994
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20149H858	List: 3F1094-04, Ack Receipt of Re 931122 Enforcement Conference Held in Region II & Expresses Disappointment in NRC Apparent Policy Decision Not to Review Matl & Credible New Info Provided at 931122 Enforcement Conference IA-97-223, Notice of Violation & Proposed Imposition of Civil Penalties in Amount of $220,000.Violation Noted:Licensee Failed to Take Action to Address Condition Until 891117,when FWCI Was Inoperable L-96-317, Informs That DOL Adminstrative Review Board Has Issued Order Approving Settlement & Dismissing Complaint in DOL Case 92-ERA-101.Corrective Actions:Senior Mgt Will Continue to Communicate Expectations to Levels of FPL Nuclear Div ML20149H855 ML20149J100 ML20149J179 ML20149J203 ML20149J263 ML20149J278 ML20149J287 ML20149K733 ML20149L679 ML20149L681
References
FOIA-97-223 EA-93-226, NUDOCS 9707280112
Download: ML20149J203 (2)

Text

_ _ _ _ . . _ . . _ - _ __ _ _ _ _ _ _ _ _ _ _ ._ _ __.._ _ _ _,

1

!4 NOTICE OF VIOLATION Florida Power Corporation Docket No. 50-302 i Crystal River Nuclear Plant License No. OPR-72 j Unit 3 EA 93-226

' Based on the results of an investigation and administrative hearings conducted by the U.S. Department of Labor (DOL) related to DOL Case No. 88-ERA-29 that i

i involved employee discrimination, and the resulting Order of the Secretary of Labor dated August 25, 1993, the NRC has determined that a violation of its i regulations occurred. In accordance with the " General Statement of Policy and j

Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violation is listed below:

. Section 210 (now 211) of the Energy Reorganization Act of 1974, as amended, and 10 CFR 50.7 prohibit discrimination by a Commission i licensee, permittee, an applicant for a Cossaission license.or permit, or a contractor or subcontractor of a Commission licensee, permittee, or

) applicant against an employee for engaging in certain protected

activities. Discrimination includes discharge or other actions relating to the compensation, terms, conditions, and privileges of employment.

i The activities which are protected include, but are not limited to, the

reporting of safety concerns by an employee to his employer or to the NRC.

Contrary to the above, as detemined by the Secretary of Labor in a

decision issued on August 25, 1993, Douglas A. Tritt, a fomer employee of the Fluor Constructors International, Inc., a contractor of the Florida Power Corporation, who was employed as an electrician at the Crystal River 3 Nuclear Plant during the 1987 outage, was discharged from his employment on December 3,1987, by the Fluor Constructors International, Inc., for engaging in protected activities (88, ERA-29).

i These protected activities included reporting safety concerns to the union representative and Mr. Tritt's supervisors related to health physics requirements for work being performed in the reactor building j during the outage. (01013)

This is a Severity Level III violation (Supplement VII).

Pursuant to the provisions of 10 CFR 2.201, Florida Power Corporation is hereby required to submit a written statement or explanation to the U.S.

i Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II, and a copy to the NRC Resident Inspector at the Crystal River 3 Nuclear Plant, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation or, if 4

' contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full

' compliance will be achieved.- If an adequate reply is not rer,eived within the time specified in this Notice, an order or a Demand for Infomation may be i issued to show cause why the license should not be modified, suspended, or 1 revoked, or why such other action as may be proper should not be taken. Where I i

9707280112 970723

. PDR FOIA l HAVENST97-223 PDR  !

=m, e- 1

• l s' : .. -

l Notice of Violation 2 I

i good cause is shown, consideration will be given to extending the response time. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.  !

Dated at Atlanta, Georgia this /fQday of February 1994  :

I l

l l

I L

i i

l J