ML20199K888
| ML20199K888 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/05/1998 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Myers L CENTERIOR ENERGY |
| References | |
| EA-96-253, NUDOCS 9802090047 | |
| Download: ML20199K888 (2) | |
Text
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February 5, 1998 EA 96 253 LewW. Myers Vice President Perry Nuclear Power Plant 10 Center Road P.O. Box 97 Perry, Ohio 44081 Mr. Myers:
This will acknowledge receipt of your letter dated January 15,1998 and your electronic funds transfer of $160,000 in payment for the civil penalty proposed by NRC in a letter dated October 9,1996. In your response, you contend that although the violation is accepted as written in light of the Department of Labor's (DOL) Decision and Remand Order and Final Order Approving Settlement and Dismissing Complaint, you had a good faith belief that the Price-Anderson civil action filed by the complainants did not constitute conduct protected either by 10 CFR 50.7 or the Energy Reorganization Act (ERA), Section 211, You contend that these provisions were intended to protect employees who bring safety concerns to their employers or the NRC, not individuals who engage in civillitigation for private gain. However, as you also noted, the DOL's Administrative Review Board decision found a violation of ERA Section 211 and ruled that a Price Anderson Act civil action is an action under the Atomic Energy Act for purposes of Section 211, Consequently, the NRC violation is valid, You also noted your corrective action which includes various programs that provide a number of formal and informal mechanisms for Perry employees to communicate their concerns to their supervision, management, and the NRC. Maintenance of a safety conscious environment in which employees fe61 free to raise safety concerns without fear of retaliation is not a one time effort. The maintenance of such an environment requires a continuous effort.
Your corrective actions will be examined during future inspections.
Sincerely, p
James Lieberman, Director Office of Enforcement g {: l q Docket No. 50-440 License No NPF 58 cc:
A. Bill Beach, Rlll 4pD.L U
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