ML20151J261

From kanterella
Jump to navigation Jump to search
Notice of Violation & Proposed Imposition of Civil Penalty. Noncompliance Noted:A Francis Demoted from Supervisory Position to Technician Position for Engaging in Protected Activities
ML20151J261
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 07/14/1988
From: Russell W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20151J200 List:
References
EA-88-130, NUDOCS 8808020208
Download: ML20151J261 (2)


Text

_.

i B

1 i

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY I

Public Service Electric Docket No. 50-354 j

and Gas Company License No. NPF-50 j

Hope Creek Generating Station EA 88-130 t

i On April 1,1988, the U.S. Secretary of Labor issued a Final Decision and Order which held that a former contractor employee working at the Hope Creek Generating Station was discriminated against by the contractor for raising t

safety concerns and holding up deficient test packages.

This action consti-i tutes a violation of NRC requirements.

In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, j

Appendix C (1988), the particular violation is set forth below:

10 CFR 50.7 prohibits discrimination by a Commission licensee, or a contractor or subcontractor of a licensee, against an employee for engag-ing in certain protected activities.

Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and i

J privileges of employment.

The protected activities are established in Section 210 of the Energy Reorganization Act, and in general, are related 1

to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.

I Contrary to the above, in August 1985, Albert Francis, an employee of Bogan, Inc., a contractor of Public Service Electric and Gas Company at the Hope Creek Generating Station, was demoted from a supervisory position to a technician position in the Instrument and Control Shop for i,

engaging in protected activities.

The protected activities involved i

raising safety concerns as more fully set forth in the Final Decision and Order of the Secretary of Labor, dated April 1, 1988. (86-ERA-8)

\\

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

Pursuant to the provisions of 10 CFR 2.201, Public Service Electric and Gas Company (Licensee) is hereby required to submit a written statement or expla-i nation to the U.S. Nuclear Regulatory Commission ATTN: Document Control Desk, j

Washington, DC 20555 with a copy to the Regional Administrator, Region I, and i

a copy to the NRC Resident Inspector, within 30 days of the date of the letter transmitting this Notice. This reply should be clearly marked as a "Reply to j

a Notice of Violation" and should include for each violation:

(1) admission or dental of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results j

achieved, (4) the corrective steps that will be taken to avoid further 2

violations, and (5) the date when full compliance was will be achieved.

If an adequate reply is not received within the time specified in the Notice, an j

order may be issued to show cause why the license sholud not be modified, j

suspended, or revoked or why such other action as may be proper should not 1

8808020208 880714 PDR ADOCK 05000354 Q

PDC 1. -

o 9

Notice of Violation 2

be taken. Consideration may be given to extending the response time for good cause shown.

FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY:

JA!/:ES M. I1LAN

[3rWilliamT. Russell T Regional Administrator Dated at King of Prussia, Pennsylvania this ///- day of July 1988 3

1 e

1 I

a

_