ML20205G309

Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs

ML20205G309
Person / Time
Site:	Seabrook
Issue date:	03/31/1999
From:	Lochbaum D CITIZENS AWARENESS NETWORK, CITIZENS WITHIN THE TEN MILE RADIUS, UNION OF CONCERNED SCIENTISTS
To:	Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
2.206, DD-99-10, NUDOCS 9904070210
Download: ML20205G309 (4)

Text

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i ammmmmmmmmmmmmmms UNION OF CONCERNED SCIENTISTS March 31,1999 Dr. William Travers Executive Director for Operations .

United States Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

PETTTION PURSUANT TO 10 CFR 2.206: ILLEGAL ACTIVITIESAT SEABROOK

Dear Dr. Travers:

On behalf of the Citizens Awareness Network (CAN), the Citizens Within the Ten Mile Radius Research and Education Foundation, the New England Coalition on Nuclear Pollution (NECNP), the Nuclear Information and Resource Service (NIRS), and the Seacoast Anti Pollution League (SAPL), the Union of Concemed Scientists (UCS) submits this petition pursuant to the 'other actions' provision of 10 CFR 2.206. Specifically, we request thr.t the individuals responth a for discrimination against a contract electrician at the Seabrook Nuclear Oenerating Station as identified in NRC Office ofInvestigations (01)

Report No.1-98-005 be banned by the NRC from participation in licensed activities at and for any nuclear power piant for a period of at least five (S) years. In addition, we request that the individuals responsible for creating a false record to cover up the concein raised by the contract electrician as identified in the cited 01 report also be banned by the NRC from participadon in licensed activities at and for any nuclear power plant for a period of at least five (5) years. Finally, we request that we be permitted to attend the upcoming pre-decisional enforcement conference on this serious safety matter.

We need to attend this meeting because it deals with issues directly relevant to our petition. We would be willing to sign a non-disclosure agreement to guarantee the privacy of the contract electrician.

Background \p l

By letter dated March 16,1999, the NRC notified the owner of the Seabrook plant that the investigation l documented in 01 Report No.1-98-005 concludcJ the termination of the contract electrician nine (9) days after this individual raised a safety concern was "an apparent deliberate act in retaliation for the employee raising this concern." As noted in this NRC letter, retaliation is a violation of 10 CFR 50.7.

The NRC has banned individuals in the recent past for five (5) years for retaliation.' Seabrook is owned and operated by the Northeast Nuclear Energy Company (NNECo), which was, until very recently, under l

' Nuclear Regulatory Commission, Press Release No.11-97 08,"NRC Staff Proposes $100,000 Fine Against O Tennesuc Valley Authority- NRC Staff Also Prohibits TVA Executive from involvement in NRC-Licensed 9904070210 990331 #

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March 31,1999 Page 2 an NRC Order conceming safety culture issues at its Millstone Staths. During the 1990s, managers and supervisors at NNECo have been repeatedly found by NRC to have re.hiinted against workers raising safety concems - the most recent example being the proposed imposition of a $88,000 civil penalty related to 01 Report No. 1 97-039*

Dis NRC letter also indicated that the O! investigation concluded that plant workers apparently created a false record to cover up problems with wiring for the control building air conditioning system. As noted in this NRC letter, falsification of records is a violation of the plant's procedures.

De NRC has recently taken enforcement action against individuals for providing false information.)

Basis for Requested Action The Petitioners are established, longstanding non-profit, public-interest organizations concemed about safety at nuclear power plants in New England.

The Petitioners are concemed about the clear and repeated indications that NNECo has not provided an environment conducive to employees freely raising safety issues without fear of retaliation. The NRC has proposed a string of civil penalties against NNECo without apparent effcet in preventing retaliat ion and discrimination. The requested actions would hold individuals 97 7ve violated 10 CFR 50.7 accountable for their illegal acts. Given all the attention that employec ights to freely raise safety concems has received at NNECo, it is inconceivable that managers and 9 yrvisors at Seabrook would be unaware of their responsibilities with respect to 10 CFR 50.7. By banning these individuals from licensed activities for a period of five (5) years, they will not be in a position to repeat these illegal acts during that time, in addition, the requested actions would send a clear message that other persons violating 10 CFR 50.7 in the future may also be held personally accountrble. The Petitioners believe that sanctions against the responsible individuals are necer,sary because sanctions against NNECo, the employer of these individuals, have not curtailed - or seemingly even reduced - the illegal retaliatory practices.

Under 10 CFR Part 25, the NRC can ban individuals fcom working at nuclear power plants if they violate the fitness for duty requirements. The NRC has imposed such sanctions even when the fitness for duty offense.s have not been linked to actual or potential safety degradations. 'n order for the NRC to conclude that the electrical contractor at Seabrook was retaliated against, the agency had to determine that the individual's work was a protected activity under 10 CFR 50.7 and that the retaliatory actions were in direct response to the individual having raised a sincere safety concem. Dus, retaliatory actions involve a closer nexus between offending act and adequate protection of public health and safety. Hence, comparable sanctions against the offending individuals are clearly warranted.

The Petitioners are concemed about the falsification of safety records at the Seabrook station. Le requested actions would hold the individuals responsible for these acts accountable' for their Plegal Activities," January 14,1997.

• Hubert J. Miller, Regional Administrator. Nuclear Regulatory Comminion, to R. P. Necci, Vice President -

Nuclear Oversight and Regulatory Affairs, Northeast Nuclear Energy Company," Notice of Violation and Proposed imposition of Civil Penalties - $88,000 (Office ofInvestigations Report 1 97-039)," March 9,1999.

3 E!!is W. Merschoff, Regional Administrator, Nuclear Regulatory Commission, to Randall K. Edington, Vice President - Operations, River Bend Station, " Notice of Violation and Proposed Imposition of Civil Penalty -

555.000 (NRC Investigation Report 4-97-059)," January 5.1999. .

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March 31,1999 Page 3 activities. In addition, the requested actions would send a clear message that other persons fabricating false records in the future may also be held personally accountable.

These requested actions are based on the implicit, good faith assumption that the firdings in the cited Office ofInvestigations report are valid. If the NRC staff confir.ns these findings, then the Petitioners desire that these requested actions be taken. If the NRC naff determines that these 01 findings lack merit, then the Petitioners will withdraw the petition. This petition is submitted prior to the predecisional enforcement conference because the Petitioners seek to anend this meeting, which will not be open to the public.

Requested Actions The Petitioners request that the NRC ban the individuals implicated in the apparent retaliatory tennination of the contract electrician and the individuals implicated in the records falsification from working on licensed activities at any nuclett power plant in the Unito States for at least five (5) years.

In addition, the Petitioners reque;t that they be permitted to attend the pre keisional enforcement conference that will be held regarding this matter.

Sincerely, 0 '

David A. Loch aum Nuclear Safety Engineer Union of Concerned Scientists On behalf of:

Deborah Katz Citizens Awareness Network PO Box 83 Shelbume Falls, MA 01370 (413)339-5781 Sandy Gavutis Citizens Within the Ten Mile Radius Research and Education Foundation 44 Merrimac Street Newburyport, MA 01950 (508)465-6646 Jim Perkins New England Coalition on Nuclear Pcitution P. O. Box 545 Brattleboro, VT 05302-0545 (802) 275-0336 e

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..+0012023320905 UCS DC 252 P05 MAR 31 '99 12:42 March 31,1999 Page 4 PaulGunter Director, Reactor Watchdog Project Nuclear Infonnation and Resource Service 142416th Street NW Suite 404 Washington, DC 20036 (202)328-0002 Steven Haberman Field Director Seacoast Anti-Pollution League

. P.O. Box 1136, Portsmouth, NH 03802 I (603) 431 5089 1

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