ML20196F808

Partially Deleted Ltr Referring to Investigation Case 3-1998-007 Re Determination Whether Recipient Discriminated Against Radiation Protection Supervisor at Perry for Providing Testimony as Witness in DOL Hearing

ML20196F808
Person / Time
Site:	Perry
Issue date:	05/12/1999
From:	Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	AFFILIATION NOT ASSIGNED
References
IA-99-023, IA-99-23, NUDOCS 9906290309
Download: ML20196F808 (1)

Text

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SUBJECT:

NRC Office of Investigations Case No. 3-1998-007 Dear Mr. Sears.

This letter refers to an investigation conducted by the Nuclear Regulatory Commission's (NRC)

Office of Investigations (01). The purpose of the investigation was to determine whether you discriminatet, agalnst a radiation protection supervisor at the Perry Nuclear Power Plant for providing test mony as a witness in a U.S. Department of Labor (DOL) hearing. The l investigation wpports a finding that you were involved in adverse employment action against the supervisor for engaging in protected activities by giving the supervisor a verbal counseling concerning the deposition he was to provide in the DOL proceeding on July 17,1997, and by placing a memorandum documenting the verbal counseling in the supervisor's section personnel file on July 22,1997. As a result, the NRC has taken enforcement action against FirstEnergy Nuclear Operating Company for a violation of 10 CFR 50.7, " Employee Protection."

The NRC has carefully assessed your invo' *ement in this matter and concluded that enforcement action against you is not warranted because of your unfamilianty with the requirements of 10 CFR 50.7 and the lack of training provided to you in this area by your employer. Enclosed is a copy of the enforcement action with a summary of the findings in Case 3-1998-007 for your information. Discriminatory personnel actions are very serious matters and will not be tolerated by the NRC. Should you be involved in a similar violation in the future, significant action could be taken against you.

You are not expected or required to respond to this letter. However, if you elect to provide a response, please provide it to me within 30 days of the date of this letter.

Sincerely, g

. E. Dyer

}D Regional Administrator Enclosures. 1. Notice of Violation and Proposed.

Imposition of Civil Penalty issued FENOC /

2. 01 Synopsis 9906290309 990512 PDR ADOCK 05000440 G PDR L .IO*d 6I:80 66-IZ-EEW