ML20205M710
| ML20205M710 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/06/1999 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Debarba E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20205M713 | List: |
| References | |
| IA-99-012, IA-99-12, NUDOCS 9904160022 | |
| Download: ML20205M710 (3) | |
Text
7 UNITED s's ATEs 8
NUCLEAR REGULATORY COMMISSICN h
REGloN I e
475 ALLENDALE ROAD KING oF PRusslA. PENNSYLVANIA iM06141s April 6,1999 lA 99-012 Mr. Eric DeBarba
[HOME ADDRESS DELETED UNDER 2.790)
SUBJECT:
NOTICE OF VIOLATION (NRC OfRce of Investigation (01) Case No 1-96-002) l
Dear Mr. DeBarba:
~
This letter is in reference to an investige. tion conducted by the NRC's Office of Investigatio;:3 (01) in O' Case No.1-96-002 and to the conclusions of the Millstone Independent Review Team which was recently appoin'ed by the Commission to review the 01 investigative record and advise the Commission on the conclusions that are supported by that record. The purpose of the investigation and independent review was to determine whether you and other managers deliberately demoted and removed from supervisory responsibilitics the Supervisor in the Performance Engineering group and the Supervisor in the Engineering Mechanics group at Northeast Nuclear Energy Compar;y's (NNECo's) Millstone Station because those supervisors engaged in various prc@cted activities at Millstone. The investigation and subsequent independent review support a finding that your actions, at least in part, were in response to their protected activities. Therefore, we concluded you did discriminate against the two supervisors in your action in the course of a reorganization of NNECo's nuclear engineering functions at the 4
Millstone facility in November 1993. At the time of the discrimination you were the Vice President for Nuclear Engineering Services.
4 Based on a review of the evidence in this matter, the NRC has concluded that your conduct in demoting the two supervisors contributed to violations of NRC regulatery requirements. As a result, the NRC has taken enforcement action against NNECo for a violation of 10 CFR 50.7 i
(employee protection). A copy of that enforcement action with a summary of the conclusions from the investigative record of OI Case No.1-96-002 is enclosed for your information.
I)l After a careful assessment of your involvement in this matter, the NRC has confirmed that your
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actions with regard to the two supervisors violated 10 CFR 50.5. Given the significance of your actions, we are issuing the enclosed Notice of Violation for your violation of Section 50.5. This violation is considered to be of very significant regulatory uncem. Retaliatory personnel actions, especially involving senior level management, art very serious matters and will not be tolerated by the NRC. Accordingly, the violation has been categorized in accordance with the
" General Statement of Policy and Procedures for NRC Enforcement Actions,
- NUREG-1600, Rev.1 (Enforcement Policy), at Severi;y Level 11.
You are not required to respond to this letter or the enclosed Notice although you may file a response if you wish. If you decide to provide a response, we request that you do so within M days of the date of this letter and we ask that you follow the instrudions specified in the enclosed Notice when submitting your response.
9904160022 990406 PDR ADOCK 05000245 G
=e
2 In accordance with 10 CFR 2.790, enforcement actbns are placed in the NRC's Public Document Room (PDR). A copy of this letter and the enclosed Notice of Violation with your address removed will be placed in the PDR. If you choose to file a response, your response will also be placed in the PDR.
Sincerely,
/$
ubeit J.
er Regional ministrator
Enclosures:
Notice of Violation to lytr. DeBarba Notice of Violation to NNECo with Attachments cc:
Northeast Nuclear Energy Co.
l
73 CS' P b Q, 3
DISTRIBUTION
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LP R NUDOCS SECY CA PA WTravers, EDO MKnapp, DEDE FMiraglia, DEDR HMiller, RI JLieberman, OE SBurns, OGC DDambly, OGC SCollins, NRR WDean, NRR JZwolinski, NRR GCaputo, Ol HBell, OlG DHolody, RI Enforcement Coordinators Rll, Rlli, RIV PLohaus, SP IA File DScrenci, RI NSheehan,RI NRC Resident inspector, - Millstone OE RI OGC JLieberman at HMiller JGray the direction of the Commission 4/ 1 /99 4/1 /99 4/1 /99
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