ML20205M720

Notice of Violation from NRC OI Case 1-96-002 & Conclusions of Millstone Independent Review Team.Violation Noted. E Debarba,Deliberately Discriminated Against Supervisor in Performance Engineering Group at Millstone Station

ML20205M720
Person / Time
Site:	Millstone
Issue date:	04/06/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20205M713	List: ML20205M710 ML20205M720 ML20205M727 ML20205M735 ML20205M744
References
IA-99-012, IA-99-12, NUDOCS 9904160024
Download: ML20205M720 (2)

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NOTICE OF VIOI.ATION Mr. Eric DeBarba IA gg-012 re: Northeast Nuclear Energy Company Millstone Units 1,2,3 During NRC investigations conducted by the NRC Office of investigations (01) in 01 Caos No.1 g6-002, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, Rev.1, the violations are listed below:

10 CFR'50.5 provides, in part, that any employee of a licensee may not engage in :

deliberate misconduct that causes a licenses to be in violation of any regulation.

10 CFR 50.7 prohiblts, in part, discrimination by.a Commission licensee against an.

employee for engaging in certain protected activities. Discrimination indudes discharge, demotion or other actions relating to the compensation, terms, conditions and privileges of employment. Protected acti' ! ties are described in Section 211 of the Energy Reorganization Ad of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energ'y Reorganization Act. Protected activities include, but are not limited to, reporting of safety concems by an employee to his employer.

3 Contrary to the above, Eric DeBarba, as the Vice President for Nuclear Engineering Services at the Northeast Nuclear Energy Company's (NNEco's) Millstone Station, i

deliberately discriminated against a Supervisor in the Performance Engineering group and a Supervisorin the Engineering Mechanics group at the Millstone station due to their

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involvement in protected activitics. Specifically, in November 1933, Mr. DeBarba

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removed from supervisory activities and demoted the Supervisor in the Performance Engineering group and the Supervisor in the Engineering Mechanics group, at least in part, because these supervisors engaged in protected activities at Millstone Station. Mr.

DeBarba's actions caused NNEco to be in violation of 10 CFR 50.7.

This is a Severity Level 11 Violation (Supplement V:1).

You are not required to respond to this Notice of Violation. However, if you choose to respond, your response should be submitted in writing to the U.S. Nudear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region l, a copy to the NRC Resident inspector at the facility that is the subject of this Notice, and a copy to the Director, Office of Enforcement, U.S. Nudear Regulatory

- Commission, Washington, DC 205550001, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). Any response you choose to submit may reference or indude previous docketed correspondence.

Because any response you choose to submit will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not indude any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If you find it 9904160024 990406 PDR ADOCK 05000245 0

PDR i

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n: cess ry to includs personal privscy or proprietary inform tion, pl;ase provida s bracket d copy of your response that identifies the information that should be protected and a redacted l

l copy of your response that deletes such information. If you request withholding of such l

material, you musj specifically identify the portions of your response that you seek to have u

withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure ofinformation will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated this 6th day of April,1999.

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