ML20205E279
| ML20205E279 | |
| Person / Time | |
|---|---|
| Issue date: | 08/01/1997 |
| From: | Evans C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Gray J, Lieberman J, Uryc B NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20205B966 | List:
|
| References | |
| FOIA-99-76 NUDOCS 9904050122 | |
| Download: ML20205E279 (3) | |
Text
c From: Carolyn Evakry' To: WND2.WNP6.JXL, WND1.WNP2.JRG1, BXU Date: 08/01/97 13:29
Subject:
telecon with Ed Vigluicci of TVA Good aftemoon, Ed Vigluicci of WA's OGC called this morning to advise of recent developments in the Douglas Harrison case. As you may recall, this was a 50.7 case with TVA and Stone & Webster. Payment of the civil penalty assessed in this case was stayed pending a final decision of the 11th Circuit. Ed advises that on July 2,1997, the 11th Circuit decided this case in Mr. Harrison's favor. The court gave the parties 45 days from the date of the decision to file any requests for reconsideration. According to Ed, Stone & Webster is closely reviewing this case. The Couit concluded that the '
employer had the burden of proving by clear and convincing evidence that it terminated Mr. Harrison for a legitimate non-discriminatory reason. Mr. Vigluicci advises that this was error and that the court has articulated a new standard which is a cause for concern. In any event, he asks for the full 45 days provided by the 11th Circuit to see if Stone & Webster will pursue this matter further. Apparently our NOV directed TVA to pay the cp within 30 days of a final order. He realizes the 30 days is almost up and is really seeking to have the benefit of the unexpired portion of the 45 days since expiration of that time will really make the Order final. If you require this request to be made in writing, he stands ready to send something in. He advises that they will pay tbt C.P. within a day of Stone & Webster reaching a decision not to pursue this further.
In my view, if the 11th Circuit decision does not become final until expiration of the 45 days and no requests for re onsideration filed , then the 30 days provided for in the NOV does not begin to run until that time. I wait to here your further directions, questions, etc.
Please...
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qr CHECKLIST . - ROI 0917. Rev.7 EVALUATION OF LICENSEE CORRECTIVE ACTIONS FOR VIOLATIONS Inspection Report No.~ 96 -Wf Facility Name M Quoh M Violation No, % s@ s/
Date Response Received MtW7 ASSESSMENT BY RII MANAGER (S) 0F LICENSEE'S CORRECTIVE ACTION:
Was the root cause for the violation adequately addressed? If not, explain:
Did the licensee take adequate steps to correct the violation and prevent future similar violationr?
at were the results achieved? /he -// / 2 '* /w /
/.- ~ne 3.re e/ g y,y ,m k w kahd.
Are there additional corrective steps / actions that will be taken?
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Date of full compliance indicated by licensee: 0"" M M W //(Inspector)/72Wa Jn eHo(Date)
Recommended Actions: ddau V h /* b 4 "
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Telephone call to licensee
, . Letter tc licensee requesting supplemental information l Approved by: ~
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()(BranchChief) cc: Division Director Director. EICS Original to Docket File
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l . 6 dss lt < & c i- W,97-134 ACTION ITEM NO. .
DUE DATE 7 I#
V'#I*N' CsM <b Je ac f * /w/
FROM: REGIONAL ADMINISTRATOR ACTION COPY INFORMATION COPY H. 3. MILLER W. L. AXELSON /
C.W.hEHL M ,
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A.R.BTOUGH ,
J. T. MGGINS Y .
l J. H. JOYNER f D. P. SCRENCI /
J. B. FEWELL ,
D. J. HOLODY / d2-6K ACTION REQUESTED: .
- 1. If corrective actions are acceptable and no special NRC response is needed, inform the Enforcement Officer who in turn will notify the Director, OE. (OE will acknowledge receipt of the check, and inform the licensee that implementation of the corrective actions will be revic sed during a subsequent inspection.)
l 2. If corrective actions are unacceptable, or a special NRC response is needed because of i
such things as a denied violation, or other licensee disagreement, such as with the )
application of escalation / mitigation factors, prepare response for concurrence of EO, RC, l DRA, and RA, and for the signature of the Director, OE. ;
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DATE ACTION COMPLETED:
I ESTIMATED STAFF HOURS:
(Return this form to Regional Administrator's secretary after action is completed.) /
Region I Form 190 ,g\ j L '
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