ML20205G616

EN-99-010:on 990309,notice of Proposed Imposition of Civil Penalty in Amount of $88,000 Issued to Licensee.Action Based Upon Severity Level II Problem Involving Discrimination Against Two Contractor Employees at Millstone MOV Dept

ML20205G616
Person / Time
Site:	Millstone
Issue date:	03/09/1999
From:	Borchardt R, Rothstein S NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-461, EN-99-010, EN-99-10, NUDOCS 9904070312
Download: ML20205G616 (2)

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March 9,1999 EN 99-010 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Northeast Nuclear Energy Company (EA 97-461)

Waterford, Connecticut Docket Nos. 50-245; 50-336; 50-423 Subiect PROPOSED IMPOSITION OF civil PENALTY - $88,000 This is to inform the Commission that a Notice of Violation and Proposed imposition of Civil Penalties in the amount of $88,000 will be issued on or about March 9,1999, to Northeast Nuclear Energy Company in connection with a violation of the NRC's employee protection regulation (10 CFR 50.7) which occurred at the Millstone Station in August 1997. The action is based upon a Severity Level ll problem involving discrimination against two contractor employees at Millstone's Motor Operated Valve Department (MOV). The employees were terminated from employment after raising concerns about the MOV program manual and the process by which the manual had been reviewed by the MOV engineers. The terminations were recommended by the then MOV Supervisor, and supported by the then MOV Manager, both of whom were also contractor employees. Further, the evidence establishes that the termination recommendations were neither questioned nor objected to by the then Recovery Officer, nor were they questioned by other Departments at Millstone which reviewed the proposed action.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $88,000 is considered for a Severity Level 11 problem. Because this issue involves a Severity Level 11 problem, the NRC considered whether credit was warranted for /dentification and Corrective Action it was determined that credit is warranted for Identification since the violation was initially identified by the licensee's Employee Concerns Program. Credit is also warranted for Corrective Actions, which were determined to be comprehensive, including: (i) rescinding of the terminations; (ii) offering reinstatement to the two individuals term 8..:ated; (iii) conducting surveys and self assessments to ensure no lingering chilling effects exirted and to preclude repetition of the conduct; and (iv) creation of a board to review all proposed d;ecipline more severe than a verbal warning. Notwithstanding the credit given to the licensee, the NRC determined that a base civil per:alty was appropriate in this matter, because: (i) this us a Severity Level ll problem; (ii) management failed to question and prevent the terminations, despite opportunities to do so; (iii) management failed to provide training to new onsite supervisors, despite the Commission's Order dated October 24,1996, dealing with Millstone's safety conscious work ,

environment; and (iv) Millstone Station has had a history of discrimination violations. As a result, i a base civil penalty of $88,000 for the Severity Level ll problem is being proposed. While each termination constitutes a separate instance of discrimination, the staff has combined the terminations into one violation.

The staff has chosen to refrain from issuing individual enforcement actions against the then MOV Supervisor and Manager who recommended the terminations, because of their inexperience in employee protection matters, lack of training provided by Millstone management in this area, their resignations following this incident, and their acknowledgment of mistakes regarding their actions.

It should be noted that the licensee has not been specifically informed of the enforcement action.

The schedule of issuance and notification is:

Mailing of Notice Telephone Notificatinn nf I ira-a March 9,1999 /h March 9,1999 h Ol\

9904070312 990309 Il PDR ISE EN-99-010 PDR

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,. The Stits of Conn:cticut will be notified.

l M:rch 9,1999 EN 99-010 The licensee has thirty days from the date of the Notice in which to respond. Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or imposed by Order.

Contacts: S. Rothstein, OE,415-3055 R. W. Borchardt, OE,415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI __ RIV _

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Comm. McGaffigan OE NMSS Comm. Merrifield OGC IRM MAIL OCA NRR OlG NUDOCS PA 01 RES PDR IP SP SECY CIO PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil VERIFICATION THAT LICENSEE HAS RECEIVED ACTION