ML20197H820

Release & Settlement Agreement by & Between Rd Parks,North American Power Corp,Bechtel Power Corp,Bechtel North American & Bechtel Power.Complaints Withdrawn.Rd Parks Temporarily Reassigned to Project.Related Info Encl

ML20197H820
Person / Time
Site:	Three Mile Island
Issue date:	07/26/1983
From:	Parks R, Placier P, Sandford BECHTEL GROUP, INC.
To:
Shared Package
ML20197G961	List: ML20197G956 ML20197H809 ML20197H820 ML20197H870
References
FOIA-85-700 NUDOCS 8605190298
Download: ML20197H820 (13)

Text

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, RELEASE AND SETTLEMENT AGREEMENT I

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This Agreement of Release and Settlement is made by and between Richard D. Parks (hereinafter " Parks") and Bechtel North American Power Corporation (hereinafter "Bechtel North American") and Bechtel Power Corporation (hereinafter "Bechtel Power"; Bechtel North American and Bechtel. Power jointly hereinafter "Bechtel").

W I T N E S S E T H:

WHEREAS, on about March 23, 1983, Parks filed a l 1

complaint and affidavit before the United States Department of Labor under the Energy Reorganization Act of 1979, being case number 83-ERA-8 in the files of said agency, against Bechtel North American in which Parks sought damages, reinstatement, and other relief from Bechtel North American by reason of Bechtel North American's alleged retaliation against Parks for Parks' allegedly having raised concerns within the jurisdiction of the United States Nuclear Regulatory Commission; WHEREAS, on about April 22, 1983, Parks filed with the United States Department of Labor an amendment to the aforesaid original complaint (the complaint as amended hereinafter " ERA Complaint"); and i 8605190298 e60501 "

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1 WHEREAS, the parties hereto desire to avoid a

additional expense, delay and uncertainty which would result from the continuance of this litigation and the disputes relating thereto and have agreed to settle such litigation and disputes and all of the underlying claims between them amicably; NOW, THEREFORE, it is agreed as follows:

1. Parks releases and forever' discharges Bechtel, its affiliated companies and the officers, agents and employees of Bechtel, and its affiliated companies i a

from any and all claims, demands, actions or causes of action arising out of or in any way connected with any of the events, incidents or occurrences set forth in the ERA complaint, or arising out of or in any way connected with any injury or damage to Parks during his employment by Bechtel North American before the execution of this Agreement.

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2. Bechtel, its affiliated companies and the 1

officers, agents and employees of Bechtel, and its j

! affiliated companies release and forever discharge Parks from any and all claims, demands, actions or causes of action  :

arising out of or in any way connected with any of the events, incidents or occurrences during Parks' employment by i Bechtel North American before the execution of this Agreement, l

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3. Concurrently with the , execution of 'this ,

Agreement, Parks will eitecute the form of mutual release, attached hereto as Exhibit C, with GPU Nuclear Corporation.

4. Parks agrees to withdraw his ERA complaint with prejudice within one day after. the execution of this Agreemer'. Parks, or the Government Accountability Projec. on behalf of Parks, shall notify the United States Department of Labor, the United States Nuclear Regulatory comiss' ion, and the United States House of Representatives Interior Subcommittee on Energy and the Environment of the withdrawal of his ERA complaint by letters in the form of l l

Exhibit "B" hereto.

5. Bechtel Power agrees to reassign Parks as a l,

senior start-up engineer at the Cool Water Coal J

Gasification Project at Daggett, California (hereinafter

" Project"). Except as otherwise expressly provided in this Agreement, the reassignment t'o~ the Project and the future employment relationship of Parks will be governed by Bechtel's standard personnel policies. Park's

, assignment at the Project will be a temporary assignment.

Temporary assignment allowances will be paid as provided 4 to other start-up engineers at the Project. Such allowances at present include per diam expenses up to a maximum of $450 per month for lodging and up to a maximum of $23 per day for meals and incidentals, and. also l  :

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< v includes reimbursement for relocation costs for moving from Harrisburg, Pennsylvania to Daggett, California.

Parks shall be reimbursed for costs for shipment of household effects from Harrisburg, Pennsylvania to Daggett, California not to exceed 4,500 lbs., rather than the 1,500 lbs, maximum provided for in Bechtel Personnel Policy Schedule 909. Parks will commence work at the Project on'about August 22, 1983.

6. Effective August 22, 1983, Parks' monthly '

salary will be increased to $3,225 per month from $3,100 per month.

7. For as long as Parks is employed by Bechtel, he shall hereafter desist, except as otherwise provided in paragraph 8 below, from communicating with representatives of the news media or voluntarily engaging in activity to publicize his ERA complaint or any aspect of Bechtel's activities at the Three Mile Island Nuclear Plant. It is understood that this Agreement does not restrict Parks from cooperating fully with all government and GPU Nuclear Corporation investigations of allegations concerning activities at Three Mile Island. By signing this Agreement, Parks' attorney, Thomas Devine, Government Accountability Project, Institute for Policy Studies, commits himself and

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all representatives of the Government Accountability Project to hereafter desist, except as provided in paragraph 8 below, from comunicating with representatives of the news media or voluntarily engaging in activity to publicize Parks' ERA complaint. It is understood that this restriction does not apply to communications or activities undertaken in the course of further legal representation for Parks or other clients. By signing this Agreement, Bechtel commits itself, and its agents to the same restrictions as those agreed to by Parks and Devine. '

8. Bechtel and Parks, through his attorney ,

Thomas Devine, shall issue a joint press statement, in the I form of Exhibit A attached hereto.

9. Bechtel shall remove any adverse references to Parks' past activities in respect to the Three Mile Island Nuclear Plant which references may be contained in Parks' personnel file and Bechtel shall refrain from I

including any such adverse references in said personnel l file.

10. Bechtel agrees not to take any adverse employment action against Parks as a consequence of Parks' past activities with respect to the Three Mile Island

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Nuclear Power Plant.

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11. Parks and Bechtel will bear their own attorneys' fees and expenses incurred in connection with the aforementioned litigation.

12 '. ThiseAgreement is freely and voluntarily

( entered into by Parks on the advice of his attorney, Thorcas Devine, and Parks hereby authorizes his attorneys to withdraw his ERA complaint in accordance with paragraph 4 above.

13. This Agreement is-the result of a compromise '

settlement of disputed claims. The undertakings set further herein shall not be deemed or construed as an admission of any liability on the part of Parks or Bechtel.

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14. This Agreement shall be governed by the law '

of the State of Pennsylvania.

15. This Agreement is intended by Parks and Bechtel as _ the final expression of their agreement with respect to the settlement of the -aforementioned litigation and therefore supercedes any and all prior written or oral

! agreements or representations. It is agreed that this l Agreement may not be amended, altered, modified or l

otherwise changed except by a writing executed by all the k

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e parties hereto which expressly states that it is an amendment to this Agreement. i Dated: July d , 1983

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RICHARD D. P '

Dated: July 2[g, 1983 BECHTEL NORTH AMERICAN POWER CORPORATION By I ld. D '

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Dated: " July /d,1983 BECHTEL POWER CORPORATION By z:r: 6>. E />M '

V Approved:

Dated: July 2_(, 19 83 THELEN & BRIDGES MARRIN,JOHNSDT By Phi b .

p'R. Placier i(f.

_ NODI Attorneys r Bechtel North American P er Corporation and ,

Bechtel Poder Corporation '

Approved Dated: uly g 1983 GOVERNMENT ACCOUNTABILITY PROJECT By u Thonias Devine Attorney for Richard D. parks l

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Joint Press Statement - Richard Parks Settlement Bechtel North American Power Corporation and Richard Parks today announced a mutually amicable agreement to return Mr. Parks to full time work for the company Mr. Parks has accepted an assignment as a tenior start-up engineer at the Cool Water plant, a pioneering coal gasification project in Southern California.

t Mr. Parks is withdrawing his complaint now pending before the U.S. Department of Labor alleging harassment by Bechtel, and will notify the Nuclear Regulatory Commission and the House Committee on Interior and Insular Affairs.

EXHIBIT A

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Letter - Richard Parks Settlement Gentlemen:

This is to notify you that Bechtel North American Power Corporation and Richard Parks today announced a mutually amicable agreement to return Mr. Parks to full time work for the company. -

Mr. Parks has accepted an assignment as a senior start-up engineer at the Cool Water plant, a pioneering coal gasification project in Southern California.

Mr. Parks is withdrawing his complaint now pending before the U.S. Department of Labor alleging harassment by Bechtel, and will notify the Nuclear Regulatory Commission and the House Committee on Interior and Insular Affairs.

Very truly yours, EXHIBIT B ~

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o MUTUAL RELEASE

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I KNOW ALL MEN BY THESE PRESENTS, in consideration of l

these presents and intending to be legally bound hereby, 1

Richard D. Parks hereby releases and forever discharges GPU Nuclear Corporation,-its affiliated companies from any and all claims, demands, actions, or causes of action arising out of or in any way connected with Richard D.

Parks' employment at or in connection with GPU Nuclear Corporation's Three Mile Island Nuclear Station before the execution of this Release, and GPU Nuclear Corporation ,

hereby releases and forever discharges Richard D. Parks from any and all claims, demands, actions, or causes of action arising out of or in any way connected with Richard D. Parks' employment at or in connection with said Three Mile Island Nuclear Station prior to the execution of this Release.

Exhibit C ,

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l IN WITNESS WHEREOF, the p,arties hereto have executed this Mutual Release this O day of c/!f , i

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1983. )

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4Attesth GPU Nuclear Corporation GPU Nuclear Corporation (Attest) i By -By- .

V. P. Allministration Asst. Corp. Secy., Title - )

I (Witness) j na / I Richard D. rks Exhibit C .

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l TMI-2 REPORT l ,

l l MANAGEMENT AND  !

l SAFETY ALLEGATIONS '  ;

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GPU NUCLEAR CORP. . 4 lt it L:,

' IEd BY EDWIN H. STIER i M .

! / ;I PRINCIPAL STAFF: f ) 'li sj GERARD K. FRECH MARTIN J. MILITA ,

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NOVEMBER 16. 1983 l

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i APPENDIX C WITNESS STATEMENTS:

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RD PARKS E. H. STIER'S INTERVIEW OF RICHA MAY 10., 1983 .

we have that on E. Stier: le in the room so

" Let me just identify all the peophis Attorney, Phil Placier, Attorneyl d myself. It's now Rick Parks is here, Tom Devine,  ;

th2 tspe.

Lanese, an Engineer with GPU, an waiting to make  !

who represents Bechtel, Lou 2:15 and we have been I.:

e for the '

3:07. We arrived here at approximatelyd discussing other ground rule arrangements for a tape recorder an in being here is to further an I want to advise you that my purpose I'm an attorney 1 d by GPU Nuclear to conduct.

interview. attorney. "

ij investigation I' have been retaine d by GPU in the capacity of an l Mr. Parks 'I from New Jersey but I am not employeinvestigate the allegations which I'm employed as an investigator toby Mr. King, Gischel and Joyce Wenger.

has made and which also have been madeises or inducements which of any kin ,

i You are here voluntarily with no promd the groundwhich rules for this interv we have aware of, and you havehestablishe conversation under thell.conditions includes my ability to record t e tape recorder present as we I

set up here. I have a tape recorder, you have ad the only person I cannot have a court reporter here an Two other members of my is Louis Lanese.

am permitted to have in the room staff accompanied me here.  !

and

/ T. Devine: A few clarifications on the terms Second,11though That's substantially correct. nditions.

'interview conditions. I thought you may have changed the ht cof leg we're not here under any type o been informed by Bechtel attorneys t a I into because on several occasions we havesafety concerns would not Mr. Parks refusal to express his