ML20154B717

Discusses Allegation Review Board 850802 Meeting Re Ofc of Investigations Case Q5-83-025,concerning Discrimination for Documenting Deficiencies on Pipe Supports & Pipe Stress Design & Case Q5-84-037,concerning Termination of Inspector

ML20154B717
Person / Time
Site:	Diablo Canyon
Issue date:	02/26/1986
From:	Dodds R, Andrea Johnson, Kirsch D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
References
NUDOCS 8603040378
Download: ML20154B717 (2)

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%,'h'"g g 1450 MARIA LANF, SUITE 210 WALNUT CREEK, CALIFORNI A 94596 FEB 2 61986 MEMORANDUM FOR: Diablo Canyon Allegation File FROM: Allegation Review Board

SUBJECT:

DIABLO CANYON ALLEGATION REVIEW BOARD MEETING

Reference:

ARB Meeting Minutes, August 2, 1985 An Allegation Review Board, comprised of the individuals listed below, was convened on February 26, 1986, to examine and disposition the items listed below as follows:

The ABM on August 2, 1985, referred the following two OI cases to Johnson /

Shollenberger for evaluation, in conjunction with OELD, pending completion of the DOL action being taken on these cases. The DOL action has been completed. The Region V Enforcement Officer reviewed and discussed these cases with the IE Enforcement Specialist on February 25, 1986.

OI Case No. QS-83-025 (ATS Nos. RV84A052, RV84A064 and RV84All5; Allegation Nos. 81, 82, 254, 1016, 1017, 1051, 1614, and 1619.

Discrimination for documenting deficiencies on pipe supports and pipe stress design.

Inquiry and associated allegatiots are CLOSED. The Wage and Hour Compliance Division of the Department of Labor initially found that discrimination was a factor in the alleger's termination during a redection in force by the employer. However, following an appeal by PG&E, an Administrative Law Judge (ALJ) dismissed the alleger's complaint without ruling on the discrimination issue because the matter was not originally filed within the allotted 30 days. The OI review of the case provided no evidence of an appeal against the ALJ decision by the alleger. The technical issues raised by the alleger in association with this allegation have been addressed and documented in ABM 7/24/84, ABM 7/26/84, and SSER(s) 26 and 2d. After a review and discussion of the information available from DOL and from the discussion between the Region V Enforcement Officer and the IE Enforcement Specialist, the Board deems it unwarranted to pursue the matter further and, therefore, recommends the inquiry and associated allegations be CLOSED.

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FEB 2 31936 OI Case No. QS-84-037 (ATS No. RV84Al22; Allegation No. 1649) QC Inspector terminated by PROMATEC for raising safety concerns on radiation lead seals.

Inquiry and associated allegation is CLOSED. The Wage and Hour Compliance Division of the Department of Labor initially found that discrimination was a factor in the termination of the alleger and a settlement was affected between the alleger and his former employer. The safety significance related to the integrity of the penetration seals was addressed in Inspection Report 85-03 in response to Allegations 1649 and 1654. After a review and discussion of the information available from DOL and from the discussion between the Region V Enforcement Officer and the IE Enforcement Specialist, the Board deems it unwarranted to pursue the matter further and, therefore, recommends the inquiry and associated allegations be CLOSED.

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A. D. Joh so , Allegat on Coordinator A. E. Chafdee

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. . kir'sch ' '" ~W R. A. Meeks, 01 Consultant to the Board

R. T. Dodds W. O. Wade, Contractor Consultant to the Board cc: DCAF ATS Nos. RV84A037, 052, 064, 115 D. Kirsc h DCS 1

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