ML20204F386
| ML20204F386 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 07/29/1986 |
| From: | Reed C COMMONWEALTH EDISON CO. |
| To: | Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| References | |
| 1898K, NUDOCS 8608040173 | |
| Download: ML20204F386 (20) | |
Text
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3co One First Nanonal Plaza. ChicaDo, Illinois Address Reply 12 Post Omco Box 767 Chicago, Hlinois 60690 - 0767 July 29, 1986 Mr. James Taylor Director, Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission Washington, DC.
20555
SUBJECT:
Byron Station Units 1 & 2 Docket Nos. 50-454, 50-455 Violation of 10CFR 50.7 REFERENCE (a):
June 25, 1986 letter from James G.
Keppler l
to James J. O'Connor i
Dear Mr. Keppler:
Reference (a) provided the results of an investigation and hearing conducted by the Department of Labor (" DOL") case No.
85-ERA-7.
After reviewing the record before the DOL, you found that a violation of the Commission's regulations had occurred.
Accordingly, you imposed a civil penalty but reduced it by 50% from the base amount for prior good performance, the isolated nature of the incident and the corrective actions.
For the reasons discussed below, Edison believes that the civil penalty should have been mitigated completely.
In addition, Attachment A to this letter contains Commonwealth Edison Company's
(" Edison") response to the Notice of Violation enclosed with reference (a).
Attachment B sets forth Edison's detailed request for mitigation.
Edison is disappointed that its extensive corrective actions did not result in complete mitigation of the penalty.
Those actions were not limited to the particular persons or entities involved or to the Byron facility.
Rather, they included a commitment for an expanded review of certain personnel actions by contractors at all of Edison's stations to ensure compliance with worker protection requirements.
The broad scope of these corrective actions reflects Edison's commitment to worker protection and our determination to implement that commitment by regarding this incident as a learning experience.
8608040173 860729 DR ADOCK05000g4
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This emphasis on corrective action was clear from Edison's presentation at the enforcement conference.
There Edison described 1
the significant initiatives it would undertake to improve its program of worker protection and did not divert any resources to disputing the accuracy of the details of the incident.
Edison j
believes that its positive approach was of the same high caliber as i
Georgia Power Company's response to EA-85-ll7 and, thus, warrants l
the same full mitigation of the proposed civil penalty.
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Despite Edison's efforts to concentrate its energies on
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responding positively to the incident, the Notice of Violation
("NOV") imposed a substantial civil penalty to " emphasize that acts i
of discrimination against employees engaged in protected activities i
will not be tolerated".
Edison believes that its response to the j
incident shows that no penalty was required.
Edison's exclusive attention to corrective actions unequivocally supports Vice-President Maiman's statement at the enforcement conference that l
i Edison will not tolerate discrimination against employees engaged in protected activities.
Accordingly, Edison requests that you further j
review the positive, extensive nature of Edison's response to this incident and reconsider whether the civil penalty should be 4
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mitigated completely.
l In the alternative, Edison requests that you reconsider the classification of this incident at Severity Level III.
- Recently, with regard to EA-84-93, you re-evaluated a Severity Level II i
violation at the Catawba Nuclear Station and exercised your I
discretion to reduce that violation to Severity Level III based on the isolated nature of that incident and the licensee's generally I
good management of the quality assurance and control program.
Those circumstances pertain here too.
See Attachment B.
Accordingly, i
Edison requests that you consider reclassifying this incident to i
]
Please direct any questions regarding this matter to this office.
An extension of one week in responding to reference (a) was j
obtained from Mr.
E. Greenman of Region III.
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Very truly yours,
?
1 Cordell Reed j
Vice President j
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Attachment i
cc:
Byron Resident Inspector i
1898K
" ATTACHMENT A" Based on the results of an investigation and hearing conducted by the Department of Labor (DOL Case 85-ERA-7) and the resulting Order Approving Settlement by the Secretary of Labor, dated August 8, 1985, in the case of complainant Jeffrey Johnson, the NRC has determined that a violation of its regulations has occurred.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement actions," 10 CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposed to impose a civil penalty pursuant to Section 234 of the Atomic Energy act of 1954, as amended ("Act"), 42 U.S.C.
2282, PL 96-295 and 10 CFR 2.205.
The violation and associated civil penalty is listed below:
10 CFR 50.7 prohibits discrimination by a Commission licensee, or a contractor or subcontractor of a licensee, against an employee for engaging in certain protected activities.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment.
The activities protected include but are not limited to providing the NRC information about possible violations of NRC requirements and requests to the NRC to take action against an employer for enforcement of NRC requirements.
Contrary to the above, Jeffrey Johnson, an employee of Transco Products, Inc., a subcontractor of Commonwealth Edison Company and a quality control inspector at the Byron Nuclear Power Station, was discharged on November 2, 1984 by Transco for engaging in protected activities which involved reporting to the NRC on October 16, 1984 the employer's inadequate inspection procedures and installation of non-radiation-proof seals.
Initial Corrective Actions Taken and Results Achieved.
Commonwealth Edison senior management met with senior Transco management to reinforce the Company's commitment to worker protection.
Commonwealth Edison met with senior management of all contractor organizations at Byron Site on April 17, 1986 to discuss their obligations to comply with all applicable laws, rules, regulations, restrictions and requirements of all governmental authorities.
Specifically, the operative sections of 49CFR Part 24, 10CFR 50.7 and NRC Form 3 were reviewed so that the significance and consequences of these requirements were clearly understood.
E
" ATTACHMENT B" Request for Mitigation 1.
Prompt Identification and Reporting This factor is not considered when, as here, the licensee has not identified the violation.
2.
Corrective Action to Prevent Recurrence Unusually prompt and extensive corrective actions may result in reducing the proposed civil penalty by as much as 50%
of the base value.
The full 50% reduction is warranted here.
As soon as Edison learned of the incident it began formulating the extensive corrective actions described in Attachment A.
Those actions broadly address the entire general area of worker /
protection and demonstrate Edison's commitment to prevent a recurrence of similar events.
3.
Past Performance Edison's past performance has been excellent.
The effectiveness of Edison's commitment to worker protection is demonstrated by the extremely low number of DOL complaints at the LaSalle County, Byron and Braidwood Stations--stations which together involved approximately 30,000 construction-related jobs.
Byron alone, in the twelve years of its construction, has involved more than 10,000 individuals but only this one incident.
This is due to Edison's vigorous implementation of the worker protection policy, including management counseling in specific instances.
Moreover, NRC personnel have testified that construction workers at Byron are free to raise safety concerns.
Under these circumstances, the full 100% reduction in the base civil penalty was warranted here.
4.
Prior Notice of Similar Events There has been no instance where Edison has had notice of worker discrimination and failed to take effective prevent steps.
5.
Multiple occurrences No other examples of this particular violation have been identified during this inspection period.
1898K
. On April 24, 1986 a notice explaining this event was posted in the Transco Byron Site office and other customary locations for notices to Transco employees.
This notice clearly stated Edison's commitment to comply with NRC worker protection regulations.
A corporate directive was sent to all station managers who oversee contractors to reaffirm Edison's commitment to worker protection and to ensure that each contractor is implementing that commitment.
On April 24, 1986 Commonwealth Edison Quality Assurance personnel conducted confidential interviews of thirteen (13) individuals currently employed as Transco quality control personnel.
These interviews revealed that the personnel interviewed had neither been harassed nor threatened with the loss of their jobs after finding and/or reporting defects.
Corrective Steps Taken to Avoid Further Violation.
On April 25, 1986 all station managers were requested to take several actions to ensure compliance with Edison's commitment to worker protection (see Attachment C).
Those actions included an early warning system to help Edison determine if a discharge is lawful.
When any contractor is considering actions which may involve worker protection, a form letter is to be completed by a contractor and forwarded to Project Construction Management.
This notification system went into effect April 18, 1986 at Byron and will continue there until 90 days after completion or termination of the contract (see Attachment D).
So far, this notification system has resulted in three (3) notifications at Byron regarding employee discharges which potentially raise worker protection issues.
Evaluation of each potential discharge revealed no reason for intervening in the discharge of the contractor's employee.
A corporate directive instituting this early warning system at all sites will be implemented shortly.
Edison Quality Assurance will verify that these commitments have been implemented (see Attachment E).
Edison also has requested its contractors at Byron to provide a planned reduction in force list for its QA/QC personnel as another measure useful for determining whether discharge is improperly motivated.
Project managers will meet annually with senior site contractor managers to reinforce Edison's commitment to compliance with worker protection requirements.
Date When Full Compliance Will be Achieved.
l April 24, 1986.
1898K i
ATTACHMENT C April 25, 1986 Messrs.
D. J. Scott R. H. Werder R. L. Bax L. A. Petrie G. J. Plimi L. M. Simon G. J. Diederich F. W. Baker R. E. Querio E. E. Fitzpatrick As part of Edison's policy and commitment to ensure compliance with all applicable NRC regulatory requirements, we request that you do the following-1.
Meet with Senior Management of all contractor organizations at your station who are under direct contract to CECO and whose contract includes CECO's Exhibit C.
The purpose of this meeting is to discuss their obligation to comply with all applicable laws, rules, regulations, restrictions, and requirements of all Governmental Authorities.
2.
Provide a current copy of NRC form 3 and a copy of 10 CFR 50.7 for their use.
3.
Specifically remind each contractor of both Ceco's and their obligations under these specific NRC documents.
4.
Request thht each contractor notify your office in advance of any firing that has potential 10 CFR 50.7 applicability involving
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concerns identified to the contractor, CECO or the NRC.
5.
Request that each contractor document their justification for firing any employee. CECO is to periodically review these records for possible 10 CFR 50.7 concerns and to assure compliance with item 4 above.
6.
Request that each contractor notify your office immediately whenever they suspect or know of a U.S. Department of Labor action involving any of their site employees related to a 10 CFR 50.7 matter.
i e It should be noted that Les Bird of the Station Construction Department has already complied with items 1, 2, 3 and 6 for a great number of the contractors at the operating nuclear stations. Further, the Project Management Organization has similarly covered the project sites of Byron and Braidwood. You need not repeat the meetings which covered items 1, 2, 3 and 6 if already done. However, you need to ensure that all contractors have been contacted; therefore, please coordinate this effort at your site with eithar the Station Construction Department or Project Construction Department.
6 d w\\ trN4 h D. P. Galle Assistant Vice President and General Manager f
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&:$0bh U A. W. Kleinrath Manager of Station Construction Im cc:
E.
Eenigenburg N.
Kalivivnakis K.
Graesser L.
Bird l
i 1627K l
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ATTACHMENT D i
April 16, 1986 LTR: PM-86-40 To: Hunter Corp Hatfield Electric Blount Bros.
Powers Azco Pope Midway Transco API Westinghouse PGSD Reliable Sheet Metal l
4 PTL A & M Insulation RSM/ Johnson Controls NISCO RSM/Magnaflux Ebasco l
SUBJECT:
Energy Reorganization Act Secton 210
?
REFERENCE:
10 C.F.R Part 24 Sections 24.1-24.9 10 C.F.R. 50 Section 50.7 4
NRC Form 3 As a result of recent events associated with a Department of Labor l
j action from which the Nuclear Regulatory Commission is contemplating enforcement actions on our license, we find it necessary to re-enforce your knowledge and awareness of the above subject Act. Attached for your review are the various operative sections of the above subject and reference documents. We request that you review these documents and if you do not understand the significance and consequences of these statutes, please contact R. Tuotken.
As a consequence of these recent events, we find it necessary that we be provided a more positive notification of certain employee discharges or reassignment activities carried out as a part of your conducting business.
Find attached a form letter that we request that you fill out and forward to the addressee when you are considering actions which may fall under the subject statute. We request that you commence this notification effective 1
April 18. 1986 and carry it out until a period 90 days after completion or j
termination of your contract.
4 hM V.
. Schlosser Project Manager Byron Station l
l VIS/RPT/tls/0380k l
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CC:
T.J. Maiman (1/1) l gK. Ainger (1/1)
D. Farrar (1/1) l Attachments: ERA (1974 Section 210) 29 C.F.R. Part 24 10 C.F.R Section 50.7 NRC Form 3 I
Employee Discharge Form l
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-Employee Protect. ion Prov..ision This is a reprini or only those p.
U.S Department of Labor or the Enerar neorganiution A Employment Standards Administration arrect the enrercernent esponsit Wage and Hour Division or the Wege and Hour Division.
'i"**' *' ' " '" d d' * *"d" *d WH Publication 1444 Revised January 1980 PUBLIC LAW 95-601-NOV. 6,1978 92' STAT. 2947 Public Law 95-601 95th Con 5ress An Act N0IU8 To nothertse ap'propriadoes to the Nuclear Regulater7 Cossataalos for $ scal i5. 2584) year 3979, and for other purposes.
'UnitedStates ofAmericainCongressassembled, presentatives of Be it snacted by the Senais and House of Re Sec.10. Title II of the Energy Reorganization Act of 1974, as amended,llows:is amended by adding at the end thereof a new section to read as fo "aMF14 tea PaoTECrloN
!s "Sec. 210. (a) No employer including a Commission licensee, an 42 usc sasi.
applicant for a Commission hea,nse, or a contractor or a subcontractor of a Commission licensee or applicant,may discharge any employee or otherwise discriminate against any employee with respect to his com-pensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employ"es)-
(1) commenced, caused to be commenced or is about to com-mence or cause to be commenced a proceeding under this Act or a proceeding 42 USc 2011 or the Atomic Energy Act of 1954, as amended,irementimposed s.<a-for the administration nr enforcement of any requ under this Act or the Atomic Enerzy Act of 1954, as amended;
"(2) testined or is about to testify in any such proceeding or; 1
" 3) assisted or participated or is about to assist or participate in a(ny manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of thin Act or the Atomic Energy Act of 1954, as amended.
been discharged Cornpleist, filing or otherwise discrimm,loyee who believes that he hasated against by any p
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"(b)(1) Any emp section (a) may, within thirty days after such violation occurs, file (or have any person nie on his behalf) a complaint with the Secretary of Labor (hereinaf ter in this subsection seferred to as the ' Secretary')
alleging such discharge or discrimination. Upon receipt of such a com-plaint, the Secretary shall notify the person named in the complaint of the Alineof the complaintand the Commission.
the Se)cretary shall conduct an investigation of the violation allege in the complaint Within thirty days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the s
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person elleged is have committed such violation of the results of the inv;stig:ti:n conducted pursu:nt to this subp3ragraph. Within nincly d ys cf tha receipt cf such compl: int tha Secr;tary shall, unless the proceeding on the complaint is terminated by the Secntary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either ' pro-vidmg the relief prescribed by subparagraph (B) or denying the com-Notics and plaint. An order of the Secretary shall be made on the record after
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notice and opportunity for public hearing, The Secretary may.not enter into a nettlement term,nating a proceeding on a complaint with-5:nlement.
i out the participation and consent of'the complainant.
v Ret;.r.
"(B) If in response to a complaint filed under para raph (1), the Secre:ary d, etermmes that a vioTation of subsection (a has occurred, the Secretary shall order the person who committed s h violation to (i) take affirmative action to abate the violation, and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employ-ment,damaand the Secretary may order such person to provide compensa-paragraph,ges to the complainant. If an order is issued under this tory the Secretary, at the request of the complainant shall man against the person seeinst whom the order is issued a sum equal to the including attorneys' and expert witness fees) reasonably incurred, ion with,the brin as tary, by the complamant for, der was issued.
orin connect com laint u n which the or (1) der subsection (b) may obtain review of the order in they person adverse Review.
issue un United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuana of the Secretary's order. Review shall conform to chaptar 7 of title 5 5 (JSC 701 es ug. of the United States Code. He commencernent of proceedings under l
this subparagraph shall not unless ordered by.the court, operate as a i,
stay of the Secretary's order,.
have(2) An order of the Secretary with respect to which review couldbeen o l
review in any criminal or other cml proceedm.
I "d Whenever a y with an order issued und(er) subsection (b) person has failed to com(2), the Secretary may Ie a civil Jud,dicuom.
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United States distnet court for the district in which the violation was found to occur to enforce such order. In actions brought under this j
subsection, the district courts shall have jurisdiction to brant all appro-I priate relief including, but not limited to, injunctive re ief, compensa.
tor 7(,e)nd exemplary damages.
a paragrapa (2)y person on whose behalf an order was issued under (Ip An of subsection b may commence a civil action against the person to whom such orde(r )was issued to require compliance with l
l such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizen.
ship of the parties, to enforce such order.
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"(2) The court,in issuin i
award costs of litigation.g any fma order under this subsection, may udgniv. ce, (including reasonable attorney and expert witness fees) to any pa rty whenever the court determines such am ani is appropriata.
- f Any nondiscretionary duty imposed by this section shall be enfo(rc)eable in a rnandamus proceeding brought under section 1361 of title 28 of the United States Code.
er's agent)g without direction from his or her employer (o
(
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actin y-Actor of the Atomic Energy Act of 1954,as amendedgunement of
, delibeantely causes a violation of any re us 42 USC 2011 e
e e
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RP 146')
Title 29 I
pART 24-PROCEDURES FOR THE (2) testified or is about to testify in HANDLING OF DISCRIMINATION any such proceeding: or COMFLAttu 5 UNDER FEDERAL.
(3) assisted or participated. or is about EIAPLOYEE PROTECTION STATUTES to assist or participate in any manner in such a proceeding or in any other action 8**-
to carry out the purposes of such 34.1 Purpou and scope.
Federal statute
- 24 2 Oblications and prohibited acts.
24.3 Complaint.
12dJ Compasint.
$ N,
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(a) Who mayfile. An employee who 24.s Decisions and orders.
believes that he or she has been 24.7 Judscial review.
discriminated agalnst by an employer in 34 s Erdorcement proceedings.
violation of any of the statutes usted in 24 s Encepuen.
l 24.1(a) may file, or have another Autbodty:42 U s c scoFaill:as USC person file on his or her behalf, a 13st;15 U.S C 2a22 42 U.S C sert; 42 UAC complaint alleging such discriminadon.
rs22.42 U S C sast.
(b) Time offilins. Any complaint shall l 24.1 Purpose and scope.
be filed within 30 days after the (a)This part implements the several occurrence of the alleged violation.For Federal employee protection the purpose of determining umeliness of for which the Secretary of Labrovisions filing, a complaint filed by mau shall be has bun given neponsibility pursuant to the deemed filed as of the date of malling.
follow ng ststutes: Safe Drinking Water (c)Torm ofcomplaint No particular Act. 42 U.S.C. 300j-#(1): Water Pollution form of complaint is nquired, except Control Act.33 U.S.C.1367; Toxic that a complaint must be in writing and Substances Control Act.15 U.S C. 2622; should include a full etatement of the
' Solid Wesie Disposal Act.42 U.S.C.
acts and omissions. with pertinent e971: Clean Air Act.42 USC.7822; dates, which are believed to consutute Energy Reorganizadon Act of1974.42 the violatlon.
U.S C.5451.
(d) P/oce offiling. A complaint may be (b) Procedures are estab!!shed by this filed in person or by mail with the Omca part purguant to the federal statutory of the Administrator of the Wege and provisions listed above, for the Hour Division. Employment Standards expeditious handling of complaints by Administradon, U.S. Department of D
employees, or persons acting on their Labor.The address of the behalf, of discriminatory acuon by Administrator's office la Room S3502 employers.
200 Conautution Avenue NW.,
Washington, D.C. 20210. A comp!alat i 24.2 06ngettone and proNt9ted acta, may also be filed at any local offica of (a) De several statutory employee the Wegd and Hour Division. The protection provisions listed in i 24.1.
address of such local offices may be above, provide that no employer subject found in local telephone directories.
to the provisions of the Federal statute of which these protective provisions are I 88 8 8""'N"***
a part may discharge any employee or (a) Upon receipt of a complaint under otherwise discriminate against any thl8 Part, the Admirdstrator shall notify employee with tespect to the employee's the person named in the complaint, ard compensation terms condluona or the appropriate of!!ce of the Federal l
privileges of employment because the agency charged with the administradon employee. or any person acting pursuant of the affected program ofits filing.
to the employee's request. engaged in (b)The Administrator shall,on a any of the activities specified in priority basis invesugate and gather subsection (b) below.
data concerning such case, and se part (b) Any person is deemed to have of the investigation may enter and violated the particular federallaw and inspect such places and records (and these regulations if such person make copies thereof). may quesuon intimida tes, thre s tens, restrains, persons being proceeded against and coerces, blacidists, discharges, or in any other employees of the charged other manner discriminates assinet any employer, and may require the employee who has production of any documentary or other
[1] commenced, or caused to be evidence dumed necessary to commenced. or is about to commence or determine whether a violeuon of the law cause to be commenced a proceeding tavolved has been committed.
under one of the Federal statutes listed.. (c)lavestigadons under this part shall in l 24.1 or a procesding for the be conducted in a manner which administration or enforcement of any protects the confidenuality of any h
requirement impond under such person other than the complalaant who Federal statute; provides informadon on a confidendal RP 1460 Rev 3/30/84 1
accordance with Part 70 of thahesnng However.because of the tame b) t!.e e d."
cta e lew l-* end constraints impised up:n the Secret:ry sh:11 be due within the time pres:nbed
- 3) Within 30 days of the receipt of by the above statutes. no requests for by the admitustradve law jgdee.
eomplaint the Administrator shall postponement shaU be granted except (4) Dismissolfor Cause. (i) ne
,,,nplete the investigation. determine for compeUing reasons.
administretive law judge may, at the whother the alleged violation has (b) Consohdoted#eorings. When two request of any party, or on his or her occurred. and give notice of the or more hearings are to be held, and the own modon. dismiss a claim determination which shall contain a same or substantially simuar evidence is (A) Upon the failure of the statement of nasons for the findings nlevant and material to the matters at complainant or his or her npresentative and conclusions therein. Nouce of the tasue at each such hearing. the Chief to attend a hearing without good cause; determinsuon shsU be given by certified Administrative Law Judge may.upon (B) Upon the failure of the mail to the complainant, the respondent, modon by any party or on his own or complainant to comply with a lawful and to their representauves. At the same her own motign, order that a order of the admirdstrouve law judge.
time the Administrator shall fue with consolidated hearing be conducted.
(11)In any case where e dismissal of a the Chief Administradve 1.aw judge.
Where consolidated hearings are held, a claims, defense, or pa lasought, b U.S. Department of Labor, the crismal single record of the procesdings shau be adininistradvs law ju shaU issue an complaint and a copy of the nouce of made and b evidence introduced la order to show cause w y the dismissal determinadon.
one case may be considered as should not be granted and afford au (2)(1)If on the basis of the introduced in b obre, and a separate parties a reasonable time to respond to investissuon the Admirdstrator or joint decision shall be made, as such order. After the time for nsponse determines that the complaint is without appropriate.
has expired. the edministrative law merit, the notice of determinadon shau (c) Place of# coring. ne hearing judge shaU take such action as la indude, or be accompanied by nouce to shall, where possible, be held at a place appropriate to rule on the dismissal, the complainant that the nouce of within 75 miles of the complainant's which may include an order dismissing determinsUon shau become the final residence.
the claim, defense or party.
order of the Secretary denying the (d) Right to Counsel. !a a0 complaint unless within five calendar proceedings under this part, the parties l au Doctelone and own, days ofits receipt the complainant files sha!! have the right to be npresented by (a)RecommendedDecision.no with the Chief Administrative Law Judge counsel.
administrative law judge shaU lasue a a request'by telegram for a hearing on (e) Procedures, evidence and reconf.
neommended dedsfon within 20 days the complaint.The notice shall give the (1) Evidence. Formal rules of evidence after the terminaUon of the proceeding address of the Chief Administradve Law shall not apply, but rules or principles at which evidence was submitted.ne judge.
designed to assure producuan of the neommended decision shall contain u) Copies of any request for a hearing most probative evidence avauable shaB appropriate findings, conclusions and a sh(au be sent by the complainant to the be applied.ne administrative law recommended order and be forwarded, napondent (employer) and to the judge may exclude evidence which is togehr with the ncord, to the Administrator.
Immateria!.trrelevant orunduly Secretary of Labor for a final order.%e O
(3)(i)11on the beats of the
- npeUUous, recommended decision sha!! be served 2)Recordo/Heoring. AD hearings upon all parties to b proceedag.
determines that the alleged violation has sh(all be open to the public and shau be (b)TinalOrder. (1) Within 90 days investigation the Admirdstrator occurred. the notice of determination mechanically or stenographicaUy after receipt of a complaint the shallinclude an oppropriate order to nported. All evidence upon which the Secretary of Labor shaU laeue a final abate the violation. and notice to the administrative 1sw judge nlles for order. based on the ncord and b respondent that the order shaU become decision shaU be contained in the recommended decision of the the final order of the Secretary unless trans ript of testimony,ethr directly or administrative law ludge, which shall be within five calendar days ofits receipt by appropriate reference. All exhibita served upon all of the parties.
the respondent fdes with the Chief and other pertinent documents or
.(2)If the Secretary concludes bt the Administrouve Law judge a request by records, either in whole or la material party charged has violated the law, b l
telegram for a hearing. An order issued part. Introduced as evidence, shau be final order shaU order the party charged pursuant to this subsection shaU be la marked for identification and to take appropnets afRrmative action to l
accordance with the relevant provisions locorporated into the record, abate the violation, including of the statute violated.ne not!ce shall (3) Ornf oryument; briefs. Any party, ninetstement of the complainant to that give the addnas of b Chlef 8Pon nquest. may be aUowed a person's former or substantieUy Administrauve Law Judge.
nesonable time for presentation of oral equivalent position. If desired, together (ii) Copies of any request for a hearing argument and to file a prehearing brief with the compensation (locluding back shall be sent by the respondent or other written statement of fact or law, pay), terms conditions, and privileges of (employer) to the complainant and to the A copy of any such prehearing brief or that employment.no Secretary may.
Administrator.
other written statement shaU be fued where deemed appropriate, order the with the Chlef Administrative Law judge party charged to provide compensatory
$24.g Hearings.
or the admirdstrauve law judge assigned damages to the complainant.
(e) Notice of #coririg. We to b case befon or during b (3) Costs. If such a final order is administrsuve law judge to whom the proceeding at which evidence la lesued the Secretary, at the request of case is assigned shall within seven submitted to the administrative law h complainant, shall assess eastnat the calendar days following receipt of the judge and shallbe served upon each respondent a sum equal to b aggregate request for hearing, notify the parties by other party. Post hearing briefs wiu not amount of allcosts and expenses certified mall. directed to the last known be permitted except at the request of the (including attorney and expert witness addreas of the parties.of a day, time and administrative law ludge. When fees) reaeonably incurred by the place for branng. All parues shall be permitted. any such bnef shnu be complalnant, as determined by the given at leset five days notice of such h'm!ted to the lasue or issues specified Secntary, for. or in connection with, the O
RP 1460 Rev 3/30/84.2
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i bringing of the complaint uponwhich to occur to enforce such order. In actions the final order was issued.
brought under this section, the district courts shall have jurisdiction to grant to (4)Dismissols.lf the Seustary determines that the party charged has all appropriste reliefincluding. but not not violated the law, an order shall be limited to. injunctive relief.
lasued denying the complaint.
compensetory and exemplary damages.
(b)(1) Any person on whose behalf a I 84 7 M*3 "***
final order was issued by the Secretary (a)Within 60 days after the issuance of labor under i 24.8. above, may of a final order under 124 6. above. any commence a civil action against the person adversely affected or esgrieved person to whom such order waa lasued by such order may file a petition for to require compliance with such order.
review of the order in the United States ne appropriate United States district court of appeals for the circuit in which court shellhave jurisdiction without the violation with respect to which the regard to the amount in controversy or order was Issued allegedly occurred.
the citizenship of the parties, to enforce ne commencement of proceedings such order.
under this subsection shall not, unless (2)ne court. la lasufng any final ordered by the court, operate as a stay order under this section may award r
of the Secetary's order.
costs of litigation (Including reasonable (b) An order of the Secetary with attorney and expert witness fees) to any respect to which review could have party whenever the court determines been obtstned under subsection (a) eball such award is appropriate.
not be subject to Judicial review in any
{c) Any nondiscretionary duty criminal or other civil proceedini-imposed by this sectico shaII be (c) Certificotion of RecordforJudicial enforceable in a mandamus proceeding Review.ne record of a case. including brought under sectico 1361 of Title 23 of the record of proceedings before the the United States Code.
administrative law ludge. sha!! be
' ~
transmitted by the Secretary to the appropriate court pursuant to the rules I
g, of such court.
%!s part shallhave no application to i 24.8 Enforcement proceedings.
any employee alleging activity (a) Whenever a pers'on has falled to prohibited by this part who, acting without direction from kla or het coroply with a final order issued by the employer (or the employer's agent),
Secretary of Labor under i 24.4. above.
deliberately causes a violadon of any the Secretary may file a civil action in requirement of a Federal statuta listed in the United States district court for the district in which the violation was found
$ 24.1.above.
/
O RP 1460 Rev 3/30/84.3
..e.......
I Chapter i M:: Ed:ri Commission 9 50.7 i
N IW9Y
)
owned utilities, including generation (c)(1) The Commission has delegated true system. or compo.
or distribution subsidiaries. public util-to the Regional Administrator of meet. s functional goals.
t ity districts, municipalities, rural elec-Region IV authority and responsibility I
cter coolant pressure 50und.
tric cooperatives, and state and federal for implementing selected parts of its I
- La all those pressure.contain-i agencies, in !uding associations of any nuclear reactor licensing program for nInts of boiling and pressur.
of the foregoing, are included within the Fort St. Vrain Nuclear Generating I
cooled nuclear power reac-the meaning of " electric utility."
Station.
(2) Any application filed under the (sec. tel. as amended. Pab. 1.83-703. SS d alves, which are" 4
Stat. 948 (42 UJB.C. 2200; sec. 201, as regulations in this part and any in-t of the reactor coolant amended. Pub. 1.93-438, as stat. 1243 (42 quiry communication information. or l
U.S.C. 5s41n report relating to the Fort St. Vrain sected to the reactor :oolant (21 FR 355. Jan.19.1954. as amended at 28 Nuclear Generating Station must be
.s to and including any and FR 1072. Feb. 6.1940; 26 FR 4990. June S.
submitted to the Regional Administra-ollo' ring" 1961; 28 FR 3196 Apr. 3.1943; 31 FR 15145, tor Region IV. U.S. Nuclear Regula.
suttrmost containment isola-p Dec. 2,19es; 33 FR 18611. Dec.17,1984; 34 tory Commission. 611 Ryan Plaza in system piping enich pen-FR 11424. June 12.1971: 39 FR 4871. Feb. 8.
Drive. Suite 1000. Arlington. Texas mary reactor contafament, f
1974: to FR 8788. Mar. 3.1975; 43 FR 6924.
76011. Upon receipt, the Regional Ad-Feb.17.197s; 45 FR 14200. Mar. 5.1980; 45 ministrator of Region IV or his desig.
second of two velves normal.
24,1980; 47 FR 13754. Mar.
Juring rormal resctor oper.
IMS, Mar.
nee will transmit to the Director of isum piping whth does not Nuclear Reactor Regulation any primary reactor contain*
I $4.3 Interpretations.
matter which is not within the scope i
of the Restonal Administrator's dele-ga ed Ucensing authority.
th Co m ami writt n
ter rel ef v es*
)
pretation of the meaning of the regu. (47 FR 552o4. Dec. 8.1982) ar power reactors of the lations in this part by any officer or e boiling water type, the re-employee of the Commission other 8 54.7 Employee protection.
ant system extends to and than a written interpretation by the (a) Discrimination by a Commission he outermost contairunent General Counsel will be recognized to licensee. permittee, an applicant for a alve in the main steam and be binding upon the Comminaion.
Commission license or permit, or a piping.
contractor or subcontractor of a Com-nrtment" and "Departtnenc 5 50.4 Communications, mission licensee. permittee, or appli.
- mtans the Department of (a) Except where otherwise specified cant against an employee for engaging Iblished by the Department or except sa provided under a regional in certain protected activities is pro-Orgeization Act (Pub. L l
licensing program identified in para-hibited. Discrimination includes dis-
. St:t
. 42 U.S.C. 7101 el graph (c) of this section. any commu-charge and other actions that relate to he e at that the Depart-nication or report concerning the res-compensation, terms, conditions, and its duly authorized repre' ulations in this part and any applica-privileges of employment.The protect-
. exercises functions former*
tion filed under these regulations may ed activities are established in section in the Atomic Er:ergy Cors-be submitted to the Commission as fol. 210 of the Energy Reorganization Act us Chairman. members, off1*
tows:
of 1974, as amended. and in general
- omponents and transferred (1) By mail addressed to-Director of are related to the administration or
(
- 5. Entrgy Research and De-Nuclear Reactor Regulation. U.S. Nu.
enforcement of a requirement imposed Administration and to the clear Regulatory Commission. Wash. under the Atomic Energy Act or the stor thereof pursuant to sec.
Inston. D.C. 20555.
Energy Reorganization Act.
(c) and (d) of the Energy (2) By delivery in person to the Com-(1) The protected activities include ion Act of 1974 (Pub. L i
mission offices at:
but are not limited to:
- at.1233 at !237,42 U.S.C.
(1) 1717 H 8treet. NW., Washington.
(1) Providing the Commission infor-stransferrtd to the Se:re-D.C.: or mation about possible violations of re-tray pursuant to section (11) 7920 Norfolk Avenue. Bethesda, quirements imposed under either of te Department of Energy I
Idaryland.
the above statutes:
J (b) Before maktris any submittal in (11) Requesting the Commission to 1 Act (Pub. L 95-91. 91
. 577-578. 42 U.S.C. 7151).
microform, the appilcant or licensee institute action against his or her em-l ectric utility
- means any I
shall contact the Division of Technical ployer for the administration or en-at gtnerates or distributes i
Information and Document Control, forcement of these requirements; or l
U.S. Nuclear Regulatory Comminalon.
( 111 ) Testifying in any Commission and which recovers the tis electricity, elther directly Washington. D.C. 20555. Telephone proceeding.
etly, through rates estab-(301) 492-8585, to obtain specifications (2) These activities are protected and copy requirements.
even if no formal proceeding is actual.
the entity itself or by a sepa-l ilatory authenty. Investor-393 11 k
L
.m
l l
Title 10-Eneegy Cheptoe l-j 50.3 authorized cient to permit employees protected ly initiated as a result of the employee by this section to observe a copy on (b) No pt Commisstor assistance or participation.
the way to or from their place of work.
struction of (3) This section has no application to Premises must be posted not ! ster any employee alleging discrimination than 30 days after an application is fac111ty on a prohibited by this section who, acting docketed and remain posted while the is to be ope without direction from his or her em-application is pending before the Com.
permit has !
ployer f or the employer's agent), delib-mission, during the term of the 11 paragraph.
erstely causes a violation of any re-cense. and for 30 days following 11 shall be dee quirement of the Energy Reorganiza.
foundation tion Act of 1974, as arnended. or the cense termination.
any portion Atomic Energy Act of 1954, as amend-NoTu Cootes of Form NRC-3 ruy be ob-on the site
- ed, tained by writins to the Restonsi M:ntnts-(1) Site e (b) Any employee who believes that trator of the appropriate U.S. Nuclear Res.
preparatior he or she has been discharged or oth-ulatory Commisston Restonal Of fice Itsted tion of the erwise discriminated against by any in Appendix D. Part 20 of this chapter or ing of piles j person for engaging in the protected the Director. Office of tnspection and En.
?
activities specified in paragraph (ax1) forcement. U.S. Nuclear Regulatory Com-ways. Fallrt of this section may seek a remedy for misaton. Washtr9 ton. D C. 2o555.
lines; (2) Proet the disct'arge or discrimination (41 FK 30454. July 14.19421 component Conf through an administrative proceeding (3) in the Department of Labor. The ad-I 50.9 Reporting, recordkeeping, and sp.
ministrative proceeding must be initi' pliention rwquirements: OMB approval.
facilities (s i.
turoine b sted within 30 days after an alleged (a) The Nuclear Regulatory Commis-buildings (
violation occurs by filing a complaint sion has submitted the information ment stora i
l alleging the violation with the Depart. collection requirements contained in tion with ment of Labor. Employment Stand. this part to the Office of Management cility; and ards Administration. Wage and Hour and Budget (OMB) for approval as re-W With Division. The Department of Labor quired by the Paperwork Reduction utilization may order reinstatement, back pay, Act (Pub. L 96-511). OMB approved facilities, r,;
l and compensatory damages.
(c) A viointion of paragraph (a) of the information collection require, suant to se ments on October 30,1981.
the Act. tl this section by a Commission licensee, (1) The OMB approval number is which will permittee, an applicant for a Commis-3150-0011.
than opers ston license or permit, or a contractor (2) OMB approval expires April 30.
may also I or subcontractor of a Commission 11-censee. permittee, or applicant may be
- 1982, Wor uan (b) The approved information collec-COII'8' ISD grounds for:
j (1) Dental. revocation, or suspension tion requirements include the app!!ca.
for instam tion, recordkeeping, and reporting re, "0I 'II'C' of the license.
(2) Imposition of a civil penalty on quirements contained in ll 50.30.
Paragraph I
the licensee or applicant.
50.33. 50.33a. 50.34 (b). (ch (d). (fl.
tion or ut (3) Other enforcement action.
50.34a. 50.35(b). 50.36, 50.36a. 50.48.
paragraph (d) Actions taken by an employer. or 50.54 (!). ( p). ( q ). (r). (s). (t). (u).
(c) Nots others, which adversely aflect an em-50.55(e). 50.55a. 50.59 (bb (c). 50.71 (a),
.of paragn ployee may be predicated upon nondis-(b). (c). (d). (e). 50.72 (a). (b). 50.80.
subject to criminatory grounds. The prohibition 50.82.50.90, and Appendices A. B. C. E.
this sectic applies when the adverse action occurs O. H. J. K. and R.
comtnence productiot because the employee has engaged in It6 FR 63033. Dec. 30,196tl Ject to th protected activities. An employee's en.
gagement in protected activities does RzeptarurxT or L2ctnst. Exctritous this chapt not automatically render him or her cility is t immune from discharge or discipline 5 50.10 Licem required, struction used in th for legitimate reasons or from adverse (a) Except as provided in i 50.11. no mencemer action dictated by nonprohibt'.ed con. person within the United States sha!!
any clear f
(e) Each licensee, permittee and transfer or receive in interstate com.
Other sut ;
siderations.
each applicant shall post Form NRC-merce, manufacture, produce. 'rans.
adversely ;
fer. acquire, possess, or use an, pro-site. but d '
- 3. " Notice to Employees." on its prem-duction or utilization f acility except as ises. Posting must be at locations suffi-394
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4 Date:
Vern Schlosser Project Manager Byron Nuclear Station P. O. Box B Byron, Illinois 61010
SUBJECT:
Employee Discharge Potentially Subject to Complaint Filing Under ERA (1974) Section 210 We are considering discharge or reassignment of the following employee:
Employee Name:
Social Security Number:
It has come to our attention that this employee might have provided information to or otherwise assisted in NRC regulatory activity.
We will hold action on discharge or reassignment of this employee for five (5) working days unless directed otherwise.
Company:
Signed:
Position:
4 (0379k) l l
?
g 1
ATTACHMENT E May 2,1986 To:
D. A. Brown E. L. Martin W. V. Burkamper T. E. Quaka D. A. Gibson R. W. Stobert R. M. Jeisy W. Stone R. D. Kyrouac
Subject:
.i As a result of NRC enforcement actions proposed against Commonwealth Edison for a violation of 10CFR50.7, certain specific corrective actions were committed to as defined in the attached April 25 memo from D. P. Galle and A. W. Kleinrath. Quality Assurance should verify that the committed actions have been taken with special emphasis upon contractors working for Q.A. (i.e. independent testing agencies). Quality Assurance must also continue verification of posting requirements, including NRC Form 3.
If you have any questions regarding this iss&e, please contact me.
i 1
l Sl0lQ K. J. Hansong Director of Quality Assurance Engineering / Construction KJH/nai/0217R W. J. Shewski)K. J. Hansing J. G. Marshall cc:
J. S. Bitel H. P. Studtmann B. E. Harl K. A. Ainger G. F. Marcus 1
3-
.m.,
,_,.,__,,..,n,
O\\i
_(
April 25, 1986 Messrs.
D. J. Scott R. H. Werder R. L. Bax L. A. Petrie G. J. Plimi L. M. Simon G. J. Diederich F. W. Baker R. E. Querio E. E. Fitzpatrick As part of Edison's policy and commitment to ensure compliance with all applicable NRC regulatory requirements, we request that you do the
~
following-1.* Meet with Senior Management of all contractor organi'zations at your station who are under direct contract to Ceco and whose contract includes CECO's Exhibit C.
The purpose of this meeting is to discuss their obligation to comply with all applicable laws, rules, regulations, restrictions, and requirements of all Governmental Authorities.
2.
Provide a current copy of NRC form 3 and a copy of 10 CFR 50.7 for their use.
3.
Specifically remind each contractor of both CECO's and their obligations under these specific NRC, documents.
4.
Request that each contractor notify your office in advance of any firing that has potential 10 CFR 50.7 applicability involving concerns identified to the contractor, CECO or the NRC.
/
5.
Request that each contractor document their justification for firing any employee.
CECO is to periodically review these records for possible 10 CFR 50.7 concerns and to assure compliance with item 4 above.
6.
Request that each contractor notify your office Lamediately whenever they suspect or know of a U.S. Department of Labor action involving any of their site employees related to a 10 CFR 50.7 matter.
i l
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It should be noted that Les Bird of the Station Construction
,[ pepartment has already complied with items 1, 2, 3 and 6 for a great number "r
of the contractors at the operating nuclear stations. Further, the Project
- J Management organization has similarly covered-the project sites of Byron and
'l Braidwood. You need not repeat the meetings which covered items 1, 2, 3 and 6 if already done. However, you need to ensure that all contractors have been contacted; therefore, please coordinata this effort at your site with either the Station Construction Department or Project Construction Department.
b
+
c s vv%
D. P. Galle Assistant Vice President and General Manager 1
/l-bcl'Cbdb L. '
A. W. Kleinrath Manager of Station Construction im cc:
E. Eenigenburg N.
Kalivivnakis K. Graesser L.
Bird i
162'lK l
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--_--