ML20205M175

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Responds to NRC 960214 NOV Re Regulations Applicable to Employee Protection in Wrongful Demotion & Transfer of D Harrison at TVA Browns Ferry Nuclear Plant.C/A: Tool Box Meetings Held to Review Employee Concerns Program
ML20205M175
Person / Time
Site: Browns Ferry  Tennessee Valley Authority icon.png
Issue date: 03/14/1996
From: Kelly R
STONE & WEBSTER ENGINEERING CORP.
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20205M044 List:
References
FOIA-99-76 EA-95-190, NUDOCS 9904150168
Download: ML20205M175 (4)


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March 14,1996 s

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CERTIFIED MAIL RETURN _ RECEIPT REOUESTED P 133 880 788 United States Nuclear Regulatory Commisdon

. Washington, D.C. 20555 Attention:

Do ument Control Desk Re:

Reply to a Notice of Violation Docket No. 9999 EA 95-190 i

By letter dated February 14,1996, the Regional Administrator of Region II issued a Notice of Viointion to Stobe & Webster Engineering Corporation (the Company) based on a -

conclusion that the Company had violated regulations applicable to employee protection in the wrongful demotion and transfer of Mr. Douglas Harrison at the Tennessee Valley Authority's Browns Ferry Nuclear Plant. Tbc NRC referred to the Decision and Order of the Secretary of Labor, dated August 22,1995, wherein the Secretary reversed a decision by the Administrative Law Judge in favor of the Company and found that the Company had Griminated against Mr. Harrison, a former ironworker general foreman.

The Company believes there was in fact no discrimination, and on October 13, 1995,.

petitioned the United States Court of Appeals for the Eleventh Circuit for review of the Secretary's Decision and Order. The basis of the petition is that there is no substantial evidence that Company supervisors were aware that Mr. Harrison had engaged in" protected j

activities", that Mr. Harrison's discussion of a safety issue with fellow employees is not

" protected activity" under Section 211, and that the Secretary's findings of discrimination are not supported by substantial evidence.

The Company has been, and remains, committed to fostering a work environment in which employees are encouraged to report concerns without fear of intimidation or barassment.

At the Browns Ferry Nuclear Plant, in particular, the Company has taken several affirmative Stone & Webster Engineering Corporation

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i United States Nuclear Regulatory Commission March 14,1996 Page 3 i

The Company has a significant presence at the following licensees, in addition to TVA:

Northeast Utilities - The Company provides engineering and contract maintenance services and is subject to the licensee's employee concerns program. Elements of the program are included as a part of plant access training and the program is integral to the exiting process.

On February 26, 1996, the Companfs Project Manager issued a memorandum to all employees stating the Company's support of the Northeast Nuclear Safety Concerns Program and encouraging employees to utilize it. (Copy attached).

Entergy - The Company provides engineering and contract maintenance services and is subject to the licensee's program. Elements of the program are included as a part of plant access training and the program is integral to the exiting process. This is a new contract and

'all Company employees / supervisors working under it have undergone training within the last four months.

Public Services Electric & Gas - She Company provides engineering services and is subje:t to the licensee's program. In mid December 1995, meetings were held with supervisory personnel and staff to review and reemphasize the program. The employees have full access to a PSE&G computer based action / request system and regularly use it to clarify safety and quality issues.

Finally, in an initiative to assure that managers and supervisor.: continue to be adequately trained in their responsibilities under the Energy Reorganization Act, the Company is planning to issue before the end of March a new policy statement on the subject of employee concerns. It will address individuals' obligations and access paths and also focus on the role of supervisors. In addition, management meetings at both project and staff l

levels will be held to refresh managers in their responsibilities, In conclusion, I would like to assure you that Stone & Webster understands and takes very seriously its obligatVs under the Energy Reorganization Act to maintain a work environrent which '

wrages employees to raise any perceived safety issues without fear of intimidation or harassment.

I declare t= der penalty of perjury that the foregoing is true and correct to the be',t of my knowledge and beliet Executed on March 14,1996.

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R. B. Kelly President FToNE & WEBSTER.

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United States Nuclear Regulatory Commission March 14,19%

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Mr. Len Wert Senior Resident Inspector Nuclear Regulatory Commission Browns Ferry Nuclear P1-rt PMCIA-BFN P.O. Box 2000 Decatur. AL 35609-2000 l

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