ML20151L213

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Corrected Notice of Violation Re Dept of Labor 880401 Final Decision & Order Holding That Former Contractor Employee Working at Plant Discriminated Against by Contractor for Raising Safety Concerns & Holding Up Test Packages
ML20151L213
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 07/27/1988
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20151L211 List:
References
EA-88-130, NUDOCS 8808030380
Download: ML20151L213 (1)


Text

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NOTICE OF VIOLATION l

Public Service Electric Docket No. 50-354 and Gas Company License No. NPF-50 Hope Creek Generating Station EA 88-130 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 safety concerns and holding up deficient test packages.

This action consti-tutes a violation of NRC requirements.

In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the particular violation is set forth below:

10 CFR 50.7 prohibits discrimination by a Commission 11censee, or a contrcctor 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 privileges of employment. The protected activities are established in Section 210 of the Energy Reorganization Act, and in general, are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.

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 engaging in protected activities. The protected activities involved 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-nation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region I, and 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 a Notice of Violation" and should include for each violation:

(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further 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 order may be issued to show cause why the license sholud not be modified, suspended, or revoked or why such other action as may be proper should not 8s08030380 880727 PDR ADOCK 05000354 o

PDC OFFICIAL RECORD COPY HOPE CREEK CORRECTION LTR -

0003.0.0 07/26/88 m

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