ML20149M529
| ML20149M529 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 12/05/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mcenany M AFFILIATION NOT ASSIGNED |
| References | |
| IA-96-076, IA-96-76, NUDOCS 9612170273 | |
| Download: ML20149M529 (4) | |
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December 5, 1996 IA 96 076 Mr. Michael McEnany
[HOME ADDRESS DELETED UNDER 10 CFR 2.790]
SUBJECT:
LETTER OF REPRIMAND (Department of Labor Case No. 96 ERA-5)
(NRC Office of Investigations Case No. 2 95-27)
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Dear Mr. McEnany:
This letter refers to a closed transcribed predecisional enforcement conference conducted at our request in the Region II Office on October 22, 1996 and our decisions regarding findings of discrimination in the case of Ms. Tracy James, a former Pritts McEnany Roofing Inc. employee who worked at Florida Power Corporation's (FPC) Crystal River facility. Our October 8, 1996 correspondence to you described the circumstances surrounding this event and the findings of the Department of Labor (DOL) Administrative Law Judge (ALJ) and the Nuclear i
Regulatory Commission (NRC) Office of Investigation (0I) in this case. The predecisional enforcement conference was a joint conference involving your company, McEnany Roofing Inc.: you as the individual responsible for the discriminatory act; and FPC. The report summarizing the conference was sent to you by letter dated November 8,1996.
Based on the ALJ decision, the results of the OI investigation, and the information provided during the conference, the NRC has determined that a violation of NRC requirements occurred.
Specifically, while in the position of President of Pritts McEnany Roofing Inc., you terminated Ms. Tracy James after she reported violations of security requirements by another Pritts McEnany
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Roofing Inc. employee. A Severity Level II violation has been issued separately to your company, now known as McEnany Roofing, Inc., for discrimination by senior contractor management in violation of 10 CFR 50.7.
Under 10 CFR 50.7, discrimination by a contractor of a Commission licensee against an employee for engaging in activities protected by Section 211 of the Energy Reorganization Act (ERA) is prohibited. The activities which are protected include reporting of safety concerns by an employee to his employer.
As a member of senior management of Pritts McEnany Roofing, Inc., you were in a position of significant responsibility that required you to resolve potential safety concerns and ensure that individuals bringing forward concerns were treated professionally and afforded the protection statutorily conferred by Section 211 of the ERA. While discrimination against any person for engaging in protected activities is cause for concern to the NRC, this is considered to be a very significant regulatory concern because it involved discrimination by a senior contractor manager. Thorough knowledge of the regulations governing protection of employees under the ERA and a high level of sensitivity to resolution of concerns brought forward by employees are essential to the properimplementation of your responsibilities under 10 CFR 50.7. Your actions on October 11, 1995 did not meet these standards.
CERTIFIED MAIL N0. P 343 386 359 RETURN RECEIPT REQUESTED
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9612170273 961205 PDR ADOCK 05000302 l
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M. McEnany 2
After serious consideration of this matter, we have decided not to take formal enforcement action at this time against you since (1) this incident appears to have been isolated (2) you have fully cooperated in the investigation of the incident, and (3) you indicated that the case has impressed upon you the need to communicate more effectively with your employees and to be sensitive to their l
concerns and questions. We recognize that upon realizing your error you took i
action to meet with Ms. James, that you offered Ms. James reemployment and you have entered into settlement negotiations with her. You also implemented corrective actions in your company to ensure that workers are informed of their rights under the ERA and that your managers and supervisors are aware of their responsibilities to ensure freedom from discrimination in the workplace.
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should be aware that your actions were unacceptable and if uncorrected, could lead to enforcement sanctions in the future.
At the predecisional enforcement conference, you indicated that you had learned
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an important lesson as a result of this event and understood the need to comply
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with regulations prohibiting discrimination against protected employees.
i However, in light of the ongoing D0L 3roceeding, we request that you provide a written response as to why we should lave confidence that, in the future, you personally will abide by the employee protection requirements in Section 211 of the Energy Reorganization Act and in 10 CFR 50.7. Please provide this response within 30 days to the undersigned at U. S. Nuclear Regulatory Commission, Region II, 101 Marietta St., N.W., Atlanta, Georgia, 30323.
In accordance with Section 2.790 of the NRC's " Rules of Practice, "Part 2, Title 10, Code of Federal Regulations, a copy of the letter, with your home address deleted, together with your response will be placed in the NRC Public Document Room (PDR).
Should you have any questions concerning this letter, please contact Mr. Bruno Uryc at (404) 331 5505 or Mr. Kerry Landis at (404) 331-5509. Collect calls will be accepted. You may also contact us by calling 1 800 577 8510.
Sincerely.
Original Signed by S. D. Ebneter Stewart D. Ebneter Regional Administrator Docket No. 50 302 License No. DPR 72 cc w/HOME ADDRESS DELETED:
Mr. P. M. Beard, Jr. (SA2A)
Sr. VP, Nuclear Operations Florida Power Corporation i
Crystal River Energy Complex 15760 West Power Line Street Crystal River, Florida 34428 6708 j
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M. McEnany 3
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