ML20203G782
| ML20203G782 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/16/1999 |
| From: | Goldstein J, Rosenthal B AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#199-20004 LT, NUDOCS 9902220059 | |
| Download: ML20203G782 (11) | |
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5000f DOCMIED UNITED STATES OF AMERICA g u m r, NUCLEAR REGULATORY COMMISSION ,
X '39 FEB 19 A9 :32 i
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BOSTON EDISON COMPANY PILGRIM NUCLEAR POWER STATION
- d' Docket No. 50-293-L 7 Consideration of Approval of Transfer of Facility Operating License and Materials License and i
lasuance of Conforming Amendment - - - --
X PETITION OF LOCAL 369 AND LOCAL 387, UTILITY WORKERS UNION OF AMERICA, AFL-CIO FOR LEAVE TO INTERVENE AND REQUEST A HEARING Pursuant to 10 CFR Part 2, specMcally Section 2.1306, Locals 369 and 387, Utility Workers Union of America, AFL-CIO (" Local Unions" collectively or
' Local 369" and ' Local 387') hereby petition for leave to intervene and request a hearing on the Commission's consideration of the issuance of an order under- -- -
10CFR 50.80 approving the transfer of the Facility Operating Liceese No. DPR-35 for the Pilgrim Nuclear Power Station (" Pilgrim Station") from Boston Edison
, Company (" Boston Edison") to Entergy Nuclear Generating Company
("Entergy").
In support of this petition, the Local Unions state:
, 1. Local 369 is the collective bargaining agent for approximately 1250
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production and maintenance employees of Boston Edison. Approximately 200 of l
- 1 these employees, including licensed operators, work at Pilgrim Station. Local l
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369 has an office and place of business at 120 Bay State Drive, Braintree, MA 02184, telephone number (781) 848-3740. Local 369 and Boston Edison are parties to a collective bargaining agreement effective from May 16,1994 through r
j May 15, 2000.
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- 2. Local 387 is the collective bargaining agent for approximately 850 1
clerical, professional and technical employees of Botiton Edison. Approximately
] 175 of these employees work at Pilgrim Station. Loca! 387 has an office and
- place of business at 110 West Squantum Street, Suite 28, Quincy, MA 02171, telephone number (617) 770-1900. Local 387 and Bonton Edison are parties to a ,
collective bargaining agreement effective from May 16,1994 through May 15, 2000. !
- 3. The employees represented by the Local Unicas are directly and ,
immediately impacted by the proposed transfer of the Facility License in that the
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conditions of employment thereunder, including the wages,' pensions, and
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benefits, are critical to their continued employment at Pilgrim Station / ~~ ~ ~
- 4. Many members of the Local Unions live in the communities surrounding Pilgrim Station and are therefore impacted as citizens and taxpayers as well.
- 5. The collective bargaining agreements between Boston Edison and the Local Unions contain all of the terms and conditions of employment for employees at Pilgrim Station, including their wages, pensions, benefits, seniority, no lay off guarantees and other such provisions. These terms and conditions of employment, which are secured through May 15, 2000, have 2
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provided stability to the work force at Pilgrim Station that is greater than the industry norm. In contrast to the common practice in the nuclear industry, that employees often work in many different nuclear plants during the course of their careers, the Pilgrim Station employees have largely remained at the station for many years. In fact, the average length of service is approximately 16 years. The licensed operator complement has remained at Pilgrim Station for an average of approximately 14 years.
- 6. When the Local Unions were advised by Boston Edison that it was contemplating a sale of Pilgrim Station, they requested that Boston Edison obligate the bidders to agree to assume tim parties' collective bargaining agreements, similar to what it had done with the bidders for its divested fossil '
generation stations. Boston Edison declined to do so. !
- 7. After it was announced that Entergy was the accepted bidder, the Local Unions renewed their request to Boston Edison and made a request of Entergy that Entergy assume the collective bargaining agreements. Neither Boston Edison nor Entergy agreed that Entergy would assume the collective bargaining agreements,
- s. Thereafter, the Local Unions and Entergy commenced negotiations for successor collective bargaining agreements. As of the date of submission of this petition, negotiations are ongoing but the Local Unions have concerns that the parties will not readily reach agreement.
- 9. There are a number of outstanding issues on which the parties are far apart. They include employee cost and benefits under the health care policies, 3
l the ability of employees to chose lump sum pensions, continuation of the no lay off protection and requests by the Entergy for material changes in job j specifications and work practices.
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- 10. Local 369 has been advised by a number of its members assigned to Pilgrim Station, primarily the licensed operators, and Local 387 has been advised by a number of professional and technical staff, that they can not i
) commit to becoming employees of Entergy while the contractualissues remain ~ ~ ~' -
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unresolved. The areas of dispute, outlined in paragraph 9, create major and materials changes in employee work lives and retirement options. The j operators and other staff have voiced their reluctance to transfer their i
j employment under these circumstances.
- i j 11. The licensed operators and other staff intend to exercise their 1
j contradual rights to retain employment with Boston Edison at one of its other
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! facilities rather than work at Pilgrim Station for Entergy, unless and until the
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1 contractual differences are resolved and collective bargaining agreements- - - --
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j between Locals 369 and 387 and Entergy are executed. (Attached foreto as 1
Exhibit A is tha petition signed by licensed operators indicating their intention to
' remain with Boston Edison absent a satisfactory collective bargaining j
) agreement. The Local Unions have been advised that similar petitions from other employees are forthcoming.)
- 12. Under the collective bargaining agreement, the employees have the right to remain in other jobs at Boston Edison and retain their rate of pay as licensed operators or the classification they now hold. While most operators 4
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would prefer to remain as licensed operators (and other staff would prefer to stay at Pilgrim Station), they will not chose to do so when the choice means a reduction in health care and related benefits, no continuing guarantee against i lay off and the loss of the right to take one's pension as a lump sum amount.' :
- 13. If the licensed operators exercise their rights to bump back to other l 1
positions at Boston Edison, Entergy will have an insufficient number of qualified, experienced operators to operate the Pilgrim Station.
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- 14. Although there are a number of senior (management) licensed i
operators at Pilgrim Station, they have extremely limited actual operating l 1
experience. Most of them have rarely been "at the controls" at Pilgrim. The large majority of the management staff has never performed any manipulations of the controls, other than the minimum required when first obtaming their initial license i
- 15. These senior licensed operators have never performed field operations. The reliance on these operators to staff the control room and run -
1 the station will present an unsafe and unacceptable operation of Pilgrim Station.
It is likely to place an intolerable strain on the operation department and lead to excessive work hours which increases the risk of operational errors.
' ' IAcal 369 has Sled snevances (197 in total) on behalf of each employee, alleging his/her contractual right to "tnunp back" and remam with Ramaan Edison rather than remam as an employee at Pilgrim Station for Entergy. I4 cal 369 is confident that thcee grievanas have merit, is prepared to take all of them to arbitration, if ====ry, and is con 6 dent that it will prevail in arbitration. nie 1Acal recognues that Boson Edison may take a contrary position, forcing IAcal 369 and Boston FAenn to proceed to artutration. Should that occur, the pmcess may take months, or even years, which will keep uncertain the p;&y= status of employees for an extended period of titre, well beyond the proposed license transfer date.
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- 16. If other staff elect to exercise their rights to remain with Boston Edison, i
it will cause staff shriteges and other problems that will significantly impact the ,
operations at Pilgrim Station. !
- 17. The lack of experienced, qualified operators and the reduction in other staff will cause serious and potentially risky conditions at Pilgrim Station, ;
t making it extremely difficult for Entergy to run the plant in a safe, economical and efficient manner,
- 18. Approval of the license transfer to Entergy prior to the execution of the collective bargaining agreements and assurances that sufficient numbers of licensed operators intend to continue their employment at Pilgrim Station will jeopardize the continued reasonable assurance of public health and safety as well as the health and safety of the other individuals employed at Pilgrim Station.
- 19. The Local Unions assert that the issue of maintaining qualified, exponenced licensed operators and other staff at Pilgrim Station is squarely within the scope of the proceeding on the license transfer application and relevant to the findings the Commission must make to grant the application for license transfer.
- 20. The anticipated significant losses of critical personnel that appear likely at this time must be factored into the license transfer decision. Without the assurance in advance of the license transfer that Entergy will retain critical plant personnel, the Commission should, at a minimum, delay the license transfer.
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- 21. The Local Unions request that the Commission hold a hearing on the proposed license transfer so that they can present evidence and argument demonstrating that the proposed license transfer, without assurances of sufficient qualified, experienced licensed operators and other staff, presents an unacceptable safety and health risk to the public, the surrounding communities and to employees.
- 22. The Local Unions assert that the proposed license transfer, as outlined in the application, is inconsistent with applicable provisions of I
law, regulations, and orders issued by the Commission. j Therefore Local 369 and Local 387 respectfully request that they be given leave to intervene and that a hearing be scheduled on the Commission's consideration to approve the transfer of the Facility Operating License for the Pilgrim Nuclear Power Station.
Respectfully submitted, !
Local 369 and Local 387, Utility Workers Union of America, AFL-CIO By their attorneys,
[hal,/ V a Yoanne F. Goldstein, Esq.
30 Mill Street Newton Centre, MA 02459 (617) 969-2555 (617) 332-4776 (Fax)
Goldmii@AOL.com (e-mail) 7 w
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Burton E. Rosenthal, Esq.
Segal, Roitman & Coleman 11 Beacon Street, Suite 500 Boston, MA 02108 (617) 742-0208 (617) 742-2187 (Fax) mail @segal-roitman.com (e-mail)
February 16,1999
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- Certificate of Service !
I hereby certify that a copy of the foregoing Petition of Local 369 and Local 387, Utility Workers of America, AFL-CIO, for Leave to Intervene and Request a Hearing was !
served by facsimile and first class mail, postage prepaid, this 16th day of February,1999 l to the following: l i
i Secretary ;
' U.S. Nuclear' Regulatory Commission !
Washington, DC 20555-0001' l ATrN: Rulemakings and Adjudications Staff l (fax: 301-415-1101) . [
General Counsel l . U.S. Nuclear Regulatory Commission '
I Washington, DC 20555-0001 (fax: 301-415-3725) 1 John M. Fulton, Esq.
Asst. General Counsel Boston Edison Co.-
800 Boylston Street l Boston, MA 02199-8003
.(fax: 617-424-2733) -
' Jay E. Silberg, Esq.
(counsel for Boston Edison) !
Shaw, Pitman, Potts & Trowbridge -
2300 N, Street, NW - '
Washington, DC 20037-1128 (fax: 202-663-8007)
Douglas Levanway, Esq.
(counsel for Entergy) l Wise, Carter, Childs and Caraway l- PO Box 651 l- Jackson, Mississippi 39205-0651 j (fax: 601-968-5519)
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Efizabeth A. Slo ~ane, Esq.
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- Segal, Roitman & Coleman
[ l1 Beacon Street, Suite 500 l
- Boston, MA 02108 l l
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Patrick Camey, Presider.:
Local 369 120 Bay State Drive Braintree,MA 02184 Dear President Carney.
The undersigned, all licensed operators at Pilgrim Station, would like to advise the Local that we intend to exercice our rights :o remain with Boston Edison when the plant is sold to Entergy because of Entergy's wwillingness to accept our contract and provide the same terms and conditions of the emp;oymem ss we had with Boston Edison.
We are especially upset over the refusal of Ertergy to continue the lump sutn pensions. A lot of ernployees at Pilgrim are beginning to approach retirement age and want to haw the lump '
sum option available to them. Also, the proposed elimination of the mo lay off clause, Entergy's -
request for sweeping changes in job specs and work assignments, especially during overhauls ,
and the increases in health care costs, all suggests that we are better off as Edison employees.
We recognise that our decision to stay with Boston Edison may affect the continued operation of Pilgnm since the senior operators do not have the expetience or skills so operate tbc control room. However, since many of us had made the decision to stay at Pilgrim and not go to other nuclear plant earlier in our careers, we have settled in this area. We need to protect our farnities and our futures and do not believe we can do so unless there is a contract with Entergy.
We request that the Local continue to make all efforts to reach agreement with Entergy and apprecials all of the union's work on our behalf. We also request that the 1 mal intervene at the NRC preamaag on the license transfer so these issues can be brought to the NRC's attention when it considers the license transfer.
Thank you for your continued support of the employees at Pilgrim.
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MSG XA 369 DA3E 03 b-2of 3 Patrick Carney, President -
Local 369 120 Bay State Drive Braintree,MA 02184
Dear President Camey:
_ The undersigned, all licensed operators at Pilgrim Station, would like to advise the Local that we intend to exercise our rights to remain with Boston Edison when the plant is sold to Entergy because of Entergy's unwi'lingness to accept our contract and provide the sanw terms and conditions of the employment as we had with Boston Edisons.
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We are especially upset over the refusal of Entergy to continue the lump sum pensions. A
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lot of employees at Pilgrim are begincing to approach retirement age and isant' to have the liimp sum option available to them. Also, the proposed elimination of the no lay off c'ause, Entergy's request for sweeping changes in job specs and work assignments, especially during ove: hauls ,
and the increases in health care costs, all suggests that we are better off as Edison employees.
We recognize that our decision to stay with Boston Edison may affect the continued operation of Pilgrim since the senior operators do not have the experience or skills to operate the control roorn. However, since many of us had made the decision to. stay at Pilgrim and not go to other nuclear plant earlier in our careen, we have settled in this area. We need to protect our families and our futures and do not believe we can do so unless there is a contract with Entergy, We request that the Local continue to make all efforts to reach agreement with Entergy ,
and appreciate all of the union's work on our behalf. We also request that the Local intervene at ;
the NRC proceeding on the license transfer so these issues can be brought to the NRC's attention when it considers the license transfer.
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l Thank you for your continued support of the employees at Pilgrim.
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