ML20149J287

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Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $100,000.Violation Noted:Pp&L Discriminated Against Senior Security Officer After Concerns to NRC in 1992 Re Administration of Security Requalification Exam
ML20149J287
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 02/09/1996
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20149H858 List:
References
FOIA-97-223 EA-95-250, NUDOCS 9707280148
Download: ML20149J287 (3)
v • d • e


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NOTICC OF VIOLATION AND PROPOSED INPOSITION OF CIVIL PENALTY Pennsylvanta Power and Light Company (PP&L) Docket Nos. 50-387; 50-388

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EA 95-250

, Based on the Decision and Order of Romand by the Secretary of Labor (50L) i dated October 20, 1995 (

Reference:

00L case 94 ERA-032), a violation of MRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions.* NUREG-1600, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CfR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR 50.7(a), in part, prohibits discrimination by a Commission Itcensee against an employee for engaging in certain protected activities. Olscrialnation includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment.

The protected activities are established in Section 211 of the Energy ,

Reorganization Act (ERA) of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the ,

Atomic Energy Act (AEA) or the Energy Reorganization Act. The protected l i activities include but are not limited to providing the Commission information about alleged violations of the ERA or the AEA or possible

( violations of requirements imposed under either of these statutes.

Contrary to the above, as determined in the 50t.'s Order and Resand dated October 20, 1995, Pennsylvanta Power & Light Company (PP&L) )

discriminated against a senior security officer (550) after he raised  ;

concerns to the NRC in 1992 regarding the administration of a security  !

j; requalification exaalnation. Specifically, after the 550 called into

, question the manner in which a PP&L supervisor had proctored an 1 exastnation: (1) the supervisor gave the 550 lower fractional ratings on l his annual appraisals of March 1993 and March 1994 than were given to  !

two other $50s, which led to a lower salary increase, and (2) there was a marked change in the supervisors' attitude towards the 550 and the 550 was subjected to adverse working conditions as a result of his engaging in protected activities. (01013)

This is a Severity Level !!! violation (Supplement Vll).

Civil Penalty - 5100,000.

Pursuant to the provisions of 10 CFA 2.201, Pennsylvania Power & Light Company (Licensee) is hereby required to subett a written statement or explanation to the Olrector, Office of Enforcement, U.S. Nuclear Regulatory Commission,

. within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked as a ' Reply to a Notice of Violation

  • and should include for each alleged violation:

(1) admission or dental of the alleged violation, (2) the reasons for the violation if adattted, and if dented, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps 1

NUREG-0940, PART II A-107

! 97o7200148 970723 PDR FOIA HAVENST97-223 PDR

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. Notice of Violation 2 '

that will be taken to avoid further violations, and (5) the date when full  !

comp 1tarv etli be achtsved. If an adequate reply is not received within the  :

j time spec ried in this Notice, an order or a Demand for Information say be l

issued as to why the Itcense should not be modified, suspended, or revoked or why such other action as say be proper should not be taken. Consideration say

{

be given to extending the response time for good cause shown. Under the j

~ s - authority eO Sect 4ch !!! cf the Act 42 U.S.C. 2232, this response shall be * - - --

subeltted under oath or affirmation.

, Within the same ttee as provided for the response required above under 10 CFR 2.201, the Licensee say pay the civil penalty by letter addressed to the Otrector, Office of Enforcement, U.S. Nuclear Regulatory Commission, with l 4 check, draft, aoney order, or electronic transfer payable to the Treasurer '

of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is l proposed, or may protest leposition of the civil penalty in whole or in part, 1 by a written answer addressed to the Otructor, Office of Enforcement, U.S. i Nuclear Regulatory Commission. Should the Licensee fall to answer within the '

time specirted, an order taposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an '/.nswer to a Notice of Ytolation" and say: (1) deny the violation Itsted in this Notice, in whole or in part, (2) demonstrate extenuating circumstances (3) show error in this Notice, or (4) shev other

reasons why the penalty should not be taposed. In addition to protesting the civil penalty in whole or in part, such answer may request reelssion or ,

j attigation of the penalty, j j In requesting attigation of the proposed penalty, the factors addressed in l Section VI.B.2 of the Enforcement Policy should be addressed. Any written l answer in accordance with 10 CFR 2.205 should be set forth separately from the '

statement or explanation in reply pursuant to 10 CFR 2.201, but say incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,

d citing page and paragraph numbers) to avoid repetition. The attention of the l Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for taposing a civil penalty.

l Upon failure to pay any civil penalty due which subsequently has besn deterstned in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unIsss comproatsed, remitted, or mitigated, say be collected by civil actien pursuant to Section 234c of the Act. 42 U.S.C. 2282c.

4 NUREG-0940, PART II A-108

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l Notice of Violation 3 The response noted above (Reply to Notice cf Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:

James Lieberman, Of rector Office of Enforcement U. S. ,Nu,glear R. egy.la. tory . .

a p3 Coma!*ats Dir khlte Flint Northi ll555' Rocky'111e Pike, Rockville, M) 20852-2134, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I and the NRC Resident inspector at the factitty that is the subject of this Notice.

J

! Secause your response will be placed in the NRC Public Document Room (POR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the POR without redaction. However, if you find it necessary to include such information, you i

should clearly indicate the specif te information that you desire not to be placed in the POR, and provide the legal basis to support your request for withholding the information from the pubite.

Dated at King of Prussia, Pennsylvania this 9th day of February 1996 l

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'1 NUREG-0940, PART !! A-109

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