ML20205C740
| ML20205C740 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 01/22/1997 |
| From: | Demiranda O NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Lesser M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20205B966 | List:
|
| References | |
| FOIA-99-76 NUDOCS 9904010350 | |
| Download: ML20205C740 (4) | |
Text
s
)
{%
/p* 88 coq $
UNITED STATES NUCLEAR REGULATORY COMMISSION 3"-
4 REGION I!
- T T.G dlA 199 January 22, 1997 MEMORANDUM TO:
Mark Lesser. Chief Reactor Projects Branch 6 Division of Reactor Projects FROM:
Oscar ":Miranda pct < MQ Senior Allegation Coordinator Enforcement and Investigation Coordination Staff
SUBJECT:
BROWNS FERRY NUCLEAR PLANT: ALLEGED DISCRIMINATION AGAINST A FORMER STONE & WEBSTER IRON WORKER (CASE NO. 2-96-008/RII-96-A-0038)
The enclosed OI report is provided for your review. 01 closed this case and did not have a finding of discrimination.
By memorandum dated December 24. 1996, the Office of Enforcement (OE) informed the Regional Administratcr that a review of the case indicated that enforcement action was not appropriate.
In addition, on September 27. 1996, the DOL Administrative Review Board issued his " Order of Dismissal." This completes the DOL actions in this case.
It is my view that this case should be closed without further action.
You will need to send a copy of the 01 Synopsis to TVA.
EICS will send the alleger a copy in the closure letter.
If you do not have a different view regarding closure, we will close the case.
i
Attachment:
01 Report 2-96-008
~\\O
.\\
9904010350 990324 PDR FOIA hi, CUNTER99-76 PDR
~
~
SYNOPSIS This investigation was initiated b'y the Nuclear Regulatory Commission (NRC),
Office of Investigations (01), Region 11, on March 18,1996, to determine whether the Stone and Webster Engineering Corporation (SWEC) illegally discriminated against an ironworker formerly employed by SWEC at the Browns Ferry Nuclear Plant (BFN) operated by the Tenne;see Valley Authority (TVA), an NRC licensee.
A complaint to the Department of Labor (DOL) Wage and Hour Division was filed on behalf of the complainant / alleger on February 23,1996. The complaint alleged that since being laid off by SWEC after raising concerns about fire watch procedures in 1993, he was not rehired by SWEC during several work callbacks at BFN, despite being trained and at least as qualified as the ironworkers who were l
i recalled. it was alleged that the failure to rehire him was an act of retaliation and ongoi,9 discrimination by SWEC.
The complaint was investigated by the DOL Wage and Hour Division which issued an investigative finding that SWEC presented clear and convincing evidence the company did not discriminate against the complainant. The finding in favor of SWEC was appealed by the alleger and the rnatter was assigned to a DOL Administrative Law Judge for udjudication. Prior to the formal ALJ hearing, both parties submitted a mutual, voluntary stipulation of dismissal of the complaint, with prejudice. The stipulation was accepted by DOL and the complaint was ordered dismissed on September 27,1996.
An investigation of the discrimination complaint was also conducted by the TVA Office of the inspector General (TVA/OlG). The TVA/OlG investigation determined that there was insufficient evidence to conclude that SWEC had not rehired the alleger at BFN since 1993 in retaliation for his expression of a safety concern.
Based on the evidence and documentation reviewed by 01, the allegation that SWEC illegally discriminated against the allger was not substantiated.
l l
l l
1 Case No. 2-96-008 1
i
.m January 22, 1997 INDEX OF CONCERNS BROWNS FERRY RII-96-A-0038 NO.
DESCRIPTION LOCATION 1/
DOL COMPLAINT. CONTINUED RETALIATION BY STONE &
DOL Ltr WEBSTER IN THAT THE COMPLAINANT WAS NOT RE-HIRED DURING CALL BACKS AT BROWNS FERRY FOLLOWING HIS Date: 2/23/96 j
LAY-OFF IN 1993.
Pages: 1&2 Para: 2,3,4 ACTION: 3/07/96 ARB - OI OPEN INVESTIGATION & EICS SEND SAFETY INQUIRY LETTER TO ALGR.
CLOSURE:The complaint was investigated by the DOL Wage and Hour Division which issued an investigative finding that SWEC presented clear and convincing evidence the company did not discriminate against the complainant. The finding in favor of SWEC was appealed by the alleger and the matter was assigned to a DOL ALJ Iva adjudication. Prior to the formal ALJ hearing, both parties submitted a mutual, voluntary stipulation of dismissal of the complaint, with prejudice. The stipulation was accepted by DOL and the complaint was ordered dismissed on September 27,1996. An investigation of the discrimination complaint was also conducted by the TVA OIG who ptermined that there was insufficient evidence to conclude that SWEC had not hired the alleger since rM in retadIcion for his expression of a safety concern.
Based on the evidence and documentation reviewed by 01, the allegation that SWEC illegally discriminated against the alleger was not substantiated.
2/
Alleg Rpt Date:
Page:
Para:
Item:
ACTION:
CLOSURE:
S
,a i
I l
L l
CHRON 22-Jan-97 Allegatig.tLi -
Date Alleaation Received Concem #
Action # Asilon Date Asslaned Comoletion Date Action Descriotion Ril-1996-A-0038 3/5/96 1
7 Closure Letter 12/24/96 1/22/97 CLOSURE LETTER TO ALGR 1
6 Other 12/24/96 1/22/97 12/24/96 01 MEMO - NO ENFORCEMENT ACTION. SAC CLOSE CASE IN 30 DAYS.
1 5
Review submittal 11/20/96 12/24/96 11/20/96 01 REPORT OF INVESTIGATIONS. AWAITING OE MEMO.
1 4
Acknowledgement Letter 3/27/96 3/27/96 1
3 ARB Meeting 3/5/96 3/7/96 Ol OPEN CASE. EICS SEND SAFETY INQUIRY LETTER TO ALLEGER 1
2 Status Letter 10/2/96 10/2/96 01 OPEN CASE. EICS SEND SAFETY INQUIRY LETTER TO ALLEGER l
l l
O 1
<1 o u
}
)
~
h C-
/pn nac,%
(
o UNITED STATES NUCLEAR REGULATORY COMMISSION p"
1 f.
REGION 11
,\\ Q,j '
E 101 MARIETTA STREET. N.W., SUITE 2900
'j L
E*
j ATLANTA. GEORGIA 30323-0199
'h
(
,/
February 11. 1997 MEMORANDUM FOR:
Johns P. Jaudon. Director Division of Reactor Safet (DRS FROM:
Bruno Uryc. Director 7
Enforcement and Invec igat' s
i Coordination Staf (EIC
SUBJECT:
OFFICE OF INVESTIG TIONS REPORT NO. 2-96-009 -
SEQUOYAH NUCLEAR PLANT Attached is a copy of Office of Investigations (01) Report No. 2-96-009 issued on January 24. 1997. regarding the alleged falsificaticn of firewatch journals at the Sequoyah Nuclear Plant.
Based on the evidence gathered during the investigation. 01 concluded that both firewatch personnel failed to patrol all their assigned areas and falsified their firewatch journals by claiming that j
these areas were inspected. However. OI concluded that their actions were not intentional or willful.
Please review the OI report and associated exhibits to determine the appropriate enforcement action, if any.
This review should also include a determination as to whether any new allegations were provided during the investigation process.
You are reouested to complete your review and be orecared to Dresent Your conclusions at an enforcement Danel Which has been scheduled for February 19.
1997.
In preparation for this panel, an Enforcement Action Worksheet should be prepared to address the appropriate course of action against the utility as well as the individuals involved in the record falsification.
If new allegations are identified, these issues should be documented and forwarded to A. Ignatonis or 0. DeMiranda of my staff to be scheduled for review at an Allegation Review Panel.
DRS Soecial Ir'soection Branch has the lead for this review.
Please treat this document as " Official Use Only" and appropriately destroy the documents when your work with them is completed.
Your cooperation and assistance in achieving a timely review of the report is greatly appreciated.
Exhibits to the 01 Report are available from any member of my staff.
Attachment:
OI Report No. 2-96-009 cc w/ attachment:
cc w/o attachment-J. Johnson. DRP W. McNulty. 01 C. Evans. ORA M. Lesser. DRP O. DeMiranda. EICS D. Collins. DRS I
A. Boland. EICS P. Fredrickson. DRS ll7 ih 0 Tf3 b
//h