ML20204D362

Requests Listed Info Re DOL Complaints Recently Settled, Involving Alleged Discrimination.Nrc Concerned That Violation of Employee Protection Provisions of 10CFR50.7 May Have Occurred.Info Requested within 30 Days of Ltr Date

ML20204D362
Person / Time
Site:	Vogtle
Issue date:	03/03/1987
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	James O'Reilly GEORGIA POWER CO.
References
NUDOCS 8703250476
Download: ML20204D362 (4)

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MAR 0 3 M7 Docket Nos. 50-424, 50-425 License Nos. NPF-61, CPPR-109 Geprgia Power Company

/fTTN: Mr. James P. O'Reilly Senior Vice President-Nuclear Operations P. O. Box 4545 Atlanta, GA 30302 Gentlemen:

SUBdECT: REQUEST FOR INFORMATION REGARDING SETTLEMENT OF DEPART COMPLAINTS UNDER.SECTION 210 0F THE ENERGY REORGANIZATION ACT OF Over the past nine months there. have been at least four Department of Labor

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(DOL) complaints settled which invol.ved alleged discrimination of individuals employed at the Vogtle Electric Generating Plant. These individuals formally complained to the DOL that they were discriminated against for engaging in activity protected under the p'r to the issuance of DOL findings in the Act of 1974, as amended. Prio settlements were reached by.the parties involved. These four, cases are sumarized as follows:

R. Williams vs. Williams Contracting Company, a subcontractor of a.

Georgia Power Company. Mr. Williams filed a complaint with DOL on September-16, 1985, alleging that as a Quality Assurance Program Administrator, he was discriminated against as a result of reporting

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safety complaints to a senior manager of the subcontractor. The complainant stated that the alleged harassment, intimidation, and *

~ discrimination continued until his resignation on August 16, 1985.

The parties involved settled the complaint.

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W. Pybu: vs. Williams Contracting Corrpany, a subcontractor of Georgia Power Company. Mr. Pybus filed a complaint with DOL on October 7, 1985, alleging that as a Quality Control Inspector for i

the subcontractor, he was retaliated against for engaging in protected activity b Reduction in Force. y being discharged under the pretext of a The complainant alleged his protected activity

. involved his refusal to violate 10 CFR 50, Appendix B, requirements by performing inaccurate or incomplete inspections, or by refusing

• to respond to management pressure to meet production deadlines instead 9

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y Georgia Power Company MAR 0 31987 of properly conducting inspections. On March 15, 1986, the complainant and the subcontractor reached a settlement in this matter and the case was.. subsequently dismissed. 00L Case No. 86-ERA-7.

G. Morrison vs. Pullman Power Products, a subcontractor of Georgia c.

Power Company.. Mr. Morrison who was a pipefitter with the subcontractor, filed a complaint with the DOL on October 1,1986, alleging that he was terminated from his employment on September 9,1986, as a result of providing inft/cmation to' the Georgia Power Company's Quality Concerns Program (QCP) in June 1986, in connection with an investigation being conducted by the QCP.

Apparently, a settlement was subsequently reached in this case.

d.Haddenvs.PullmanKenith-FortsonCompany,asubcontractorofGeorgia d.

Poyer Company. Mr. Hadden filed a complaint with DOL on May 5,1986, alleging that he was terminated from his employment as a result of refusing to perfom work on safety-related equipment without proper documentation being available.

On May 21, 1986, the Pullman Kenith-Fortson Project Manager forwarded a' copy of a settlement agreement between the complainant and the subcontractor to the DOL office in Augusta, GA.

After Mr. Hadden returned to' work, he was again terminated on June 3, 1986.

O Notwithstanding these settlements, the NRC is concerned that violations of the employee protection NRC requires assuran' provisions set forth in 10 CFR 50.7 may have. occurred and the ce that the actions taken against these former employees, whether or not in violation of 10 CFR 50.7, have not had any chilling effects on Georgia Power Company employees 'or contractor employees at the Vogtle Electric Generating Plant.

Therefore, I am requesting that you provide me, within 30 ' days of the date of this letter, a written statement, which:

a 1.

provides the basis for terminating the employment of the former employees identified above and includes any investigative reports you have regarding the circumstances of the terminations, and 2.

describes the actions taken or planned to assure that these tenninations do not have a chilling effect in discouraging other employees from raising perceived safety concerns.

After reviewing your response, the NRC will determine whether enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2 Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room.

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MAR 0 3 dl Georgia Power Company 3-

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The response requested by this letter is not subject to the clearance procedures of the Office of Management and Budget'as required by the Paperwork R, eduction Act of 1980, Public Law No.96-511.

Sincerely.-

1. [

el Grace Regional Administrator cR[E.Conway,SeniorVicePresident.

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& Project Director ft Whitney, General Manager Project

(,V. Support D. Rice, Vice President, Project

' Jngineering LR. H. Pinson, Vice President, Project i

Jonstruction LC. W. Hayes, Vogtle Quality.

Assurance Manager LG( B. Bockhold, General Manager, Nuclear Operations LL< Gucwa, Manager, Nuclear Safety and Licensing

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tM A. Bailey, Project Ljcensing Manaaer cBf W. Churchill, Esq., Shaw, fittman,PottsandTrowbridge cJ. E. Joiner, Troutman, Sanders.

Lockerman and Ashmore J( G. Ledbetter, Comissioner, Department of Human Resources

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gCf H. Badger, Office of Planning and Budget ~

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tD. Kirkland, III, Counsel, Office of the Cons'umer's Utility Council cDIFeig,'GeorgiansAgainst Nuclear Energy (MI B. Margulies, Esq., Chaiman, 4

Atomic Safety and Licensing Board I

, Panel lor. O. H. Paris, Administrative Judge Atomic Safety and Licensing Board Panel

((. A. Linenberg.er, Jr., Administrative Judge Atomic Safety and Licensing Board Panel A

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MAR 0 31987

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