ML20205C664

Discusses 951030 Closed Predecisional Enforcment Conference with Ehele Re Alleged Discrimination Against Former Ironworker General Foreman,D Harrison at Tva,Browns Ferry Nuclear Plant

ML20205C664
Person / Time
Site:	Browns Ferry
Issue date:	02/14/1996
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Ehele S AFFILIATION NOT ASSIGNED
Shared Package
ML20205B966	List: ML20205B960 ML20205C246 ML20205C251 ML20205C257 ML20205C267 ML20205C284 ML20205C290 ML20205C299 ML20205C338 ML20205C474 ML20205C491 ML20205C503 ML20205C537 ML20205C546 ML20205C563 ML20205C576 ML20205C599 ML20205C605 ML20205C613 ML20205C627 ML20205C642 ML20205C649 ML20205C658 ML20205C664 ML20205C704 ML20205C710 ML20205C719 ML20205C730 ML20205C740 ML20205D959 ML20205D965 ML20205D976 ML20205D987 ML20205E279 ML20205E291 ML20205E321 ML20205E326 ML20205E336 ML20205E359 ML20205K789
References
FOIA-99-76 IA-96-005, IA-96-5, NUDOCS 9904010304
Download: ML20205C664 (3)

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NUCLEAR REGULATORY COMMISSION REGloN 11 -

<. 101 MARIETTA STREET. N.W., SUITE 2300 To ATLANTA, GaORGIA 3GED4195

f. , y . February 14, 1996 IA 96-005 Mr. Steve Ehele

[HOME ADDRESS DELETED UNDER 10 CFR 2.790) .

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SUBJECT:

Department of Labor Case No. 93-ERA-044  !

Dear Mr. Ehele:

On October 30, 1995, the NRC conducted a closed transcribed predecisional

- eWforcement conference with you in the Region !! office to discuss alleged

. discrimination against a former ironworker general foreman, Mr. Douglas Harrison, at Tennessee Valley Authority's (TVA)' Browns Ferry Nuclear Plant.

The conference was based on the rulings of the Secretary of Labor in a Decision and Order in Department of Labor (DOL) Case 93-ERA-044 which found

.that Stone & Webster Engineering Corporation (SWEC) discriminated against Mr. Harrison-in demoting him and removing him to an outside work crew when he raised and discussed concerns related to firewatch requirements. The predecisional enforcement conference was a joint conference with you, TVA and SWEC. .The report summarizing the conference was sent to you by letter dated November 8, 1995.

The Secretary of Labor's Decision and Order indicates that you were involved in the discriminatory acts in this case. During the predecisional enforcement conference, you denied that you engaged in discrimination. After review of the'information provided during the conference, we disagree with your argument that Mr. Harrison did not engage in protected activity when he communicated

'the fire protection concerns of his crews to you cfter discussing the issue with the TVA fire protection manager. Therefore, the NRC adopts the final Secretary of Labor Decision and Order in this case and finds that the actions taken against Mr Harrison were in retaliation for his having raised safety j

concerns. '

Based on the Secretary of Labor's findings, we have issued a Notice of

' Violation and Proposed Imposition of Civil Penalty to TVA and a Notice of ,

Violation to SWEC for a violation of 10 CFR 50.7, which prohibits i discrimination by a Commission-licensee or by a contractor or subcontractor of i

>a Commission licensee against an employee for engaging in protected  ;

activities. Copies' of these actions are enclosed for your information.  !

Consideration was given to issuing a Notice of Violation to you for your involvement ~in this violation. As a member of management above first line

(. supervision, you were in a position of responsibility that required you to  ;

[ resolve potential safety concerns and ensure that individuals who raise l' concerns were treated professionally and afforded the protection statutorill conferred by Section 211 of the Energy Reorganization Act. However. On balance, the NRC has decided act to issue an enforcement action to you, t

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g S. Ehele Nevertheless, you should be advised that discrimination against individuals who raise safety concerns will not be tolerated and such conduct or your part in the future could result in significant enforcement action.

You are not required to respond to this letter although you may respond if you so desire. Any response you choose to make should be provided to me within 30 days of the date o' ' letter.

In accordance et . . 790 of the NRC's " Rules of Practice," a copy of this letter, it* -

m 5, and your response, if any, with your home address deleted will bc ;he NRC Public Document Room (PDR). If you ds-respond, to the ,ssible, your response should not include any personal privacy, propriet .,, or safeguards information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support

. your request for withholding that information from the public.

Should you have any questions concerning this matter, please contact Mr. Bruno Uryc at (404) 331-5505 or Mr. Mark Lesser at (404) 331-0342. Collect calls will.be accepted. You may also contact us by calling 1-800-577-8510.

Sincerely, i

p. tewart D. Ebnete Regional Admini rator Docket Nos. 50-259, -260, and -296 License Nos. DPR-33, -52, and -68

Enclosures:

As stated I cc w/o encls:

Stone & Webster Engineering Corporation ATTN: Mr. R. E. Kelly President 245 Summer Street Boston, Massachusetts 02240

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i FACSIMILE TRANSMITTAL f U. S. NUCLEAR REGULATORY COMMISSION REGION II ATLANTA, GEORGIA ENFORCEMENT AND INVESTIGATIQN COORDINATION STAFF  !

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