ML20198J381
| ML20198J381 | |
| Person / Time | |
|---|---|
| Issue date: | 01/05/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Dingell J, Lieberman J HOUSE OF REP., SENATE |
| Shared Package | |
| ML20198J384 | List: |
| References | |
| NUDOCS 9801140116 | |
| Download: ML20198J381 (5) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION wAsmNOToN, D.C. M40001 w g January 5,1998 )
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The Honorable Joseph I. Lieberman i United States Senate 4
, Washingtori, D.C. 20510 l
Dear Senator Lieberman:
I am responding to your letter of October 29,1997, that requested a status on the -
Implementation of recommendations that appeared in the General Accounting Office report, Nuclear Employee Safety Concems: Alleaation System Offers Better Protection but imDortant issues Remain.' The NRC has implemented the recommendations conceming tracking and trending information relative to allegations and complaints filed with the Department of Labor.
The staff continues to cornplete actions on the recommendations conceming assessing the work environment, surveying specific licensees, and providing feedback forms with each closure letter. The current status of implementation for each of the recominendations is provided in the enclosure.
Sincerely, 19%
Attachment:
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GAO Recommendations and l}
NRC Responses g l Q
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January 5, 1998
- CHAIRMAN i
' The Honorable John Dingell' United States House of Representatives Washington, D.C. 20515
Dear Congressman Dingell:
I am responding to your letter of October 29,1997, that requested a status on the ,
Implementation of recommendations that appeared in the General Accounting Office report, Nuclear Employee Safety Concems: Alleoation System Offers Better Protection. but Imoortant jgggp Rernain. The NRC has implemented the recommendations conceming tracking and trending information relative to allegations and complaints filed with the Department of Labor,
' The staff continues to complete actions on the recommendations conceming assessing the work environmeie, surveying specific licensees, and providing feedback forms with each closure letter, The current status of implementation for each of the recommendations is provided in the enclosure,-
S!ncerely, Shirley Ann Jackson
Attachment:
GAO Recommendations and
- NRC Responses -
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GAO RECOMMENDATIONS AND NRC RESPONSES The Gonoral Accounting Offico (GAO),in its report ' NUCLEAR EMPLOYEE SAFETY CONCERNS Allegation System Offors Botter Protection, but important issues Romain," made specific recommendations for improving the timeliness of the Dopartmont of Labor's allopations processing, the NRC's ability to monitor fho allegation procoss, and thn NRC's knowlodge of the work onvironmont at nuclear power plants. The rocommendations ano .50 NRC's responses are provided below.
Recommendation 1:
To improvo the timolinoss of Labor's processing, we roc 7mmond that the Socrotary of Labor establish and moot realistic timoliness standards for all three stops in its process for investigating discrimination complaints by employoos in the nuclear power industry.
NRC Rosponso:
The NRC agroos with this recommendation. As noted un page 16 of the report, the NRC has draf ted log'slation that would establish realistic timoliness standards. The draft was provided to DOL on Noverrbor 11,1996 for comment, and mootings were hold with DOL In March and September 199i to discuss the draft. The NRC is currently waiting for comments frorn DOL.
Upon rocolpt of the comments, NRC will preparo a final proposal for approval by both agenclos and subsequently submit the proposed logislation to Congross.
Recommendation 2:
To improvo the NRC's ability to monitor the allogation process, we recommend that the Chaltman, NRC, complete the implomontation of the NRC review team's recommendation to establish and cporato the revised Allegation Management System in all organizativnal components within the NRC. Wo also recommend that the Chairman, NRC, and tho Socrotary of Labor coordinato information on the status of cr.aos at Labor.
NRC Rosponso:
As noted in the original responso, the NRC agrees with the intont of this recommendation.
However, wo do not bellovo it was the review toam's intent that the Allogation Management System (AMS) be establishod and operated in all organizational components within the NRC (1.0., thoto doos not appear to be a nood for the administrativo organizations to have access to AMS.) The reviow team's rocommendation corwrning the AMS was that:
"The NRC should reviso the Allegation Managament System to be able to track and monitor an allegation from recolpt to the complNion of agency action.'
Tho AMS currently has the capability to track and monitor allegations from recolpt to completion of agency action, including allegations that ir,volvo complaints of discrimination filed with DOL, This tracking includes the NRC's investigativo results and any subsequent enforcement acton, i as well as each stage of the DOL process. We bollove the AMS currently performs the functions recommended tsy GAO. However, the information systems used by the Officos of Enforcement and Investigations are being updated to improvo the offluency of sharing data.
With regard to whom has access to the system, the primary users of the AMS are the four regions and the Offices of Nuclear Roactor Regulation, Nuclear Materials Safety and n
2 Safoguards, and State Programs. Those organizations are responsible for receiving, resolving, and tracking allegations. Other officos that uso data from the AMS are the OfficoP jf Enforcement (OE), Investigetion (01), and Analysis and Evaluation of Operationa' Data (AEOD).
The primary users,01. OE, und AEOD currently have direct access to the AMS and the other officos have access to tho data in AMS.
In responso to the recommendation that NRC and DOL coordinato information on the status of complaints at DOL, the Occupational Health and Safety Adrninistration (OSHA)is providing a list of complaints filod, along with current status, on a quarterly basis. NRC usos the list tu verify that wo are aware of the complaints filed and curront status, and that the complaints are being tracked in the AMS. DOL continues to provido the NRC with copies of all decisions issued by the Administrativo Law Judges t.nd the Administrative Review Board. Since OSHA numbers their casos, the NRC is ablo to track complaints filed with DOL as they progress through the DOL process.
Rocommendation 3:
To improvo NRC's knowledge of the work environment at nuclear power plants, we recommend that the Chairman, NRC, ensure the implomontation of recommendations to provido information on the extent to which the environmont in nuclear power plants is favorablo for employoos to report health or safety hazards without fear of discrimination. This would include forc r,mondations on tracking and monitoring allegation cass; and settlements, routinoly providing foodback forms in allegation caso close out correspondonco, systomatically following up on chilling offect lotters, and using a survey or other systomatic method of obtaining information from omployoos.
NRO Rosponso:
The NRC is currently tracking, monitoring, and trending allegations for the purpose of providing insights into the environment at nuclear power plants. Additionally, the AMS was modiflod to accommodato tracking, inonitonng, and trending of sottlements that occur during the DOL process and chilling offect lotters issued by the NRC.
With respect to including foodback forms in closure correspor. nco, the schedule for mailing foodback forms to another random samplo of allogors slipped one quarter and is now schoduled for December 31,1997. Afte analyzing the responses and ovaluating the resource implications, the NRC will decide whether to routinoly include the form in all futuro closure correspondonco.
9 3
On February 26,1997, the NRC published in the Foderal Rogistora request for public comment on several strategios for evaluating the environmont at licenseo facilities. The comment period closed May 27.1997 anc 31 commor ' woro rocsived. Generally stated, the majority of the commenters, including the Nuclear Energy institute (NEl) and the Unlun of Concerned Scientists (UCS), while supporting the importance of establishing and maintaining a safety-conscious work environmont at nuclear f acilities, opposed procooding with ostablishing a standardized approach for licensoos who had failed to establish and maintain a safety-conscious work environment.
Almost all commenters agrood that existing requirements and regulatory options available to the Commission are sufficient to meet expectations in this area and that now requirements and policios woro not noodod. The staff has submitted a paper to the Commission to resolve the cornments and address the issuo of the safety conscious work environment.
Separato from rosponding to the request for public romment, the NRC's Offico of Roscarch is continu!ng its review of methodologios for assessing work environments.