ML20205C605

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Responds to Re Secretary of Labor 951213 Order Denying Application for Stay,Issued to Stone & Webster Engineering Group in Case 93-ERA-044
ML20205C605
Person / Time
Site: Browns Ferry  
Issue date: 01/04/1996
From: Medford M
TENNESSEE VALLEY AUTHORITY
To: Merschoff E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20205B966 List:
References
FOIA-99-76 NUDOCS 9904010276
Download: ML20205C605 (5)


Text

A tennessee valwy Ast*cnty.110' Vaset $tteet. Chatarooga Tennessee 3M00 280i Mark 0, Medford Vce Prescent. Engineenng & Tece<ai Sesces i

January 4, 1996 Mr. Ellis W. Merschoff, Director Division of Reactor Projects U.S. Nuclear Regulatory Commission Region II 101 Marietta Street, NW, Suite 2900 Atlanta, GA 30323-0189

Dear Mr. Marschoff:

In the Matter of

) Docket Nos. 50-259 Tennessee Valley Authority

)

50-260

)

50-296 CONSIDERATION OF NRC ENFORCEMENT ACTION REGARDING DEPARTMENT OF LABOR (DOL) CASE NO. 93-ERA-044 This responds to your letter of December 27, 1995, regarding the Secretary of Labor's December 13, 1995 Order Denying Application for Stay i

which was issued to Stone & Webster Engineering Group in the above proceeding. As you know, both TVA's and Stone & Webster's positions on Douglas Harrison's DOL complaint were addressed in a predecisional i

enforcement conference held in the NRC Region II offices in Atlanta on I

October 30, 1995. At that conference, both parties also discussed the corrective actions undertaken both before and after the Secretary's i

Decision and Order of August 22, 1995, and our positions on enforcement action presently being considered by the NRC.

As part of its i

presentation, Stone & Webster addressed that it had earlier filed an Application for Stay with the Secretary with regard to the award of backpay and costs and expenses, including attorney fees, reasonably incurred by Mr. Harrison in bringing his complaint.

We understand that in response to a December 27, 1995, letter similar to the one sent to TVA, Stone & Webster has provided a full explanation of its actions with regard to the original Application for Stay and the r

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P U.S. Nuclear Regulatory Commission Page 2 January 4, 1996 circumstances which led to their filing of additional information with the Secretary on December 5, 1995, as well as a Motion for Reconsideration on December 22, 1995. We have spoken with representatives of Stone & Webster, and we understand that in the absence of a stay, they will fully and promptly comply with the Secretary's decision on their Motion for Reconsideration. We further understand that notwithstanding their pending motion for reconsideration, Stone & Webster is in the process of compensating Mr. Harrison for the wage differential determined by the Secretary in his Decision and Order. The petition for remaining costs and attorney's fees has yet to be addressed by the Secretary, and this must be resolved before there.is any reimbursement of these costs.

In view of the above, we believe that there is no question about Stone &

webster's plans to fully comply with any decision and order of the Secretary. Also, please be assured that TVA will continue to oversee the actions of our contractors in such matters. Accordingly, we do not believe that

't is necessary for TVA to institute any corrective actions to address the Secretary's recent Order beyond those which have already been undertaken with regard to this case.

Any questions may be directed to me at (423) 751-4776.

Sincerely, Mark O. Medford Subscrib d and swor to before me this @

day of (jAu; 1996 N /. h N_otary Public My Commission Expires cc: See pag 6 3

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U.S. Nuclear Regulatory Commission Page 3 January 4, 1996 l

j cc:

U.S. Nuclear' Regulatory Commission Document control Desk Washington, DC 20555 U.S. Nuclear Regulatory Commission Region II 101 Marietta Street, NW, Suite 2900 Atlanta, Georgia 30323 Mr. M. C. Thadani, Project Manager U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852 V Mr. J.

F. Williams, Project Manager U.

S.

Nuclear Regulatory Commission One White Flint, North 11555 Rockville Pike Rockville, Maryland 20852 NRC Resident Inspector

~ Browns Ferry, Nuclear Plant 10833 Shaw Road-Athens, Alabama 35611 1

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