ML20198N748
| ML20198N748 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 12/14/1998 |
| From: | Boland A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Scalice J TENNESSEE VALLEY AUTHORITY |
| References | |
| NUDOCS 9901060202 | |
| Download: ML20198N748 (4) | |
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December 14,1998 Tennessee Valley Authority ATTN: Mr. J. A. Scalice Chief Nuclear Officer und Executive Vice President 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801
SUBJECT:
DEPARTMENT OF LABOR (DOL) CASE NO. 98 ERA-34 (DONALD C. SMITH v. TENNESSEE VALLEY AUTHORITY)
Dear Mr. Scalice:
On April 8,1998, the NRC's Office of Investigation (01) initiated an investigation to determine if Donald C. Smith was subjected to illegal discrimination by management at Tennessee Valley Authority's (TVA) Browns Ferry Nuclear Plant for engaging in an activity protected under Section 211 of the Energy Reorganization Act of 1974, as amended. The Of ;nvestiga on, n
documented in 01 Report No. 2-1998-011, was completed on October 30,1998. Ol concluded that the evidence developed in the investigation did not substantiate the allegation that Mr. Smith was discriminated against for engaging in a protected activity.
On October 30,1997, the U.S. Department of Labor's (DOL) OSHA Division in Britningham, Alabama, received a complaint filed by Mr. John R. Benn on behalf of Mr. Smith, a former employee of TVA's Browns Ferry Nuclear Plant. On June 10,1998, the Assistant Area Director issued a decision in this case and concluded that discrimination was not a factor in the actions comprising Mr. Smith's complaint. Mr. Smith subsequently appealed the decision and act:on is pending before s DOL Administrative Law Judge (ALJ). The NRC staff will hold its judgement on whether or not enforcement action is warranted in this matter until after an adjudicatory decision by a DOL ALJ.
We are providing the parties involved in the DOL hearing the results of the 01 investigation. A copy.of the synopsis of the 01 report is enclosed. You shou'd note that final NRC documents, including the final 01 report, may be made available to the public under the Freedom of information Act (FOIA) subject to redaction of information provided under FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records.
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.o 9901060202 981214 PDR ADOCK 05000259 G
(4 61 TVA 2
Should you have any questions regarding this letter, please feel free to contact me at 404-562-4421.
Sincerel,
l Anne T and Director En orcement and investigations Coordination Staff
Enclosure:
Synopsis of 01 Report No. 2-1998-011 cc w/ encl:
Donald C. Smith
[ address withheld per 10 CFR 2.790)
John R. Ben 104 West Third Street Sheffield, AL 35660
SYN 0PSIS The U.S. Nuclear Regulatory Commission, Office of Investigations. Region II.
initiated this investigation on April 8, 1998, based on a discrimination
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complaint filed with the Department of Labor by a former chemistry employee who claimed he was not offered a management position for which he applied. He claims his nonselection was based on previous safety issues he raised regarding radwaste procedures.
The evidence developed in this investigation did not substantiate the allegation of discrimination i
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Approved for release on 12/11/98 NOT ion PUBLIG-O!SOLOSURE W!THOUT APPROVAL OF IlCLO OIIlOE O!nECTOR dII!OE OF INVEST l OAT lONS, CEO!ON ll
- Case No. 2-1998-011 1
Enclosure
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Distribution w/o encl:
J. Lieberman, OE J. Goldberg, OGC C. Evans, Ril B. Summers, OE O. DeMiranda, Ril H6d6 Distribution w/ encl:
. Rll DOL File
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Signature
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AND DATE W t/t /98
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< NO 1 NO NO NO OFFICIAVRECORD COPY DOCUMENT NAME: H:\\DOLCASE.DIR\\ SMITH.DIR\\LTRTOLIC.WPD 0
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