ML20151J193
| ML20151J193 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 07/14/1988 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Miltenberger S Public Service Enterprise Group |
| Shared Package | |
| ML20151J200 | List: |
| References | |
| EA-88-130, NUDOCS 8808020199 | |
| Download: ML20151J193 (3) | |
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July 14, 1988 Docket No. 50-354 License No. NPF-50 EA 88-130 t
Public Service Electric & Gas Company ATTN: Mr. Steven E. Miltenberger Vice President and l
Chief Nuclear Officer Post Office Box 236 Hancocks Bridge, New Jersey 08038 Gentlemen:
I
Subject:
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(Department of Labor Case No. 86-ERA-8) 1 On April 1,1988, the United States Secretary of Labor (SOL) issued a Final i
Decision and Order with respect to a complaint filed in September 1985 with the Department of Labor's (DOL) Wage and Hour Division by Albert Francis, a former contractor employee at Hope Creek.
The 50L found that Mr. Francis, who was employed at that time by Bogan, Inc. (Bogan), a PSE&G contractor, was dis-criminated against by Bogan in that he was demoted from a supervisory position to a technician in the Instrument and Control Shop for raising safety concerns and holding up deficient test packages for calibration of instruments. An Enforcement Conference was conducted in the NRC Region I office on June 9, 1988 to discuss these findings and provide you with the opportunity to present additional information.
Although during the Enforcement Conference you disagreed with the SOL decision, the NRC adopts the 50L decision that Bogan discriminated against Mr Francis.
Section 50.7 of 10 CFR prohibits discrimination by a Commission licensee or a j
contractor of a Commission licensee for engaging in certain protected activities.
Discrimination, as defined in 10 CFR 50.7(a), includes discharge and other actions that relate to compensation, terms, conditions, and privileges of j
employment.
The activities protected include, but are not limited to, reporting safety concerns to the NRC or to the employee's management, j
The violation is described in the enclosed Notice. Although the discriminatory actions were taken by your contractor, rather than licensee management, this violation demonstrates the importance of (1) notifying all contractors of their obligations, in accordance with 10 CFR 50.7, for assuring that all employees 1
are free to raise perceived safety concerns without fear of reprisal, and 1
(2) exercising adequate control and oversight of all contractor activities so as to preclude recurrence of such discriminatory acts.
I 8808020199 880714 i
PDR ADOCK 05000354 I \\
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PDC i
0FFICIAL' REC 0A0 COPY:
CP PKG HOPE CREEK - 0001.0.0
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Public Service Electric 2
and Gas Company In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation described in the enclosed Notice has been categorized at Severity Level III. Although a civil penalty is considered for Severity Level III violations, the civil penalty is mitigated by 100*.' in this case in light of (1) your prior good performance in this area, in particular, your effective program for identifying and resolving safety concerns, and (2) your actions taken or planned to better l
monitor and control contractor performance with respect to the requirements set forth in 10 CFR 50.7.
However, any similar violations in the future may result in additional enforcement action.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence.
In particular, you should describe your plans, as discussed at the Enforcement Conference, for strengthening contractual requirements with your contractors to assure that they adhere to the requirements on 10 CFR 50.7, and they notify you whenever they are informed by DOL of a complaint from one of their employees. After reviewing your response to this Notice, including your proposed corrective actions the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC's "Rules of Practice," Part 2, i
Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject l
to the clearance procedures of the Office of Management and Budget as required b/ the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
Sincerely, ORIGINAL SIGNED By-l MESf!./
Or William T. q l
s Russell j
Regional Administrator
Enclosure:
Notice of Violation cc w/ encl:
S. LaBruna, General Manager, Hope Creek Operations Scott B. Ungerer, Manager, Joint Generation Projects Department, Atlantic Electric Company L. A. Reiter, General Manager - Licensing and Reliability Rebecca A. Green, Bureau of Radiation Protection Public Document Room (POR)
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Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector State of New Jersey 0FFICIAL RECORD COPY CPf,KGHOPECREEK- 0002.0.0 07/14/88
Public Service Electric 3
and Gas Company bec w/ encl:
Region I Docket Room (with concurrences)
Management Assistant, DRMA (w/o encl)
DRP Section Chief Robert J. Bores, DRSS SECY J. Taylor, DEDRO J. Lieberman, OE J. Allan, RI D. Holody, RI J. Goldberg, OGC Enforcement Directors, RII-III Enforcement Officers, RIV-V T. Murley, NRR F. Ingram, PA J. Bradburne, CA E. Jordan, AE00 B. Hayes, 01 S. Connelly, OIA P. Robinson, OE R. Curningham, NMSS D. Nussbaumer, OGP/SP OE File (3 copies = ltrhd)
E00 Rdg File OCS '
G. Rivenbark, NRR B. Claytnn, ED0 W. Borchardt, Salem SRI RI:ES R
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