ML20206F701
| ML20206F701 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/03/1986 |
| From: | Carpenter T GOVERNMENT ACCOUNTABILITY PROJECT |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20206F590 | List: |
| References | |
| FOIA-86-157, FOIA-86-A-44 NUDOCS 8606240558 | |
| Download: ML20206F701 (3) | |
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0 GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecncut Awnue, N.W., Suite 202 (202)232-8550 Washington, D.C. 20036 P
February 3, 1986 Mr. Victor Stello j
Acting Director
/
Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Stello:
The Government Accountability Project (GAP) represents Mr.
Joe Macktal, a former foreman electrician at the Comanche Peak i
site.
We have been retained by Mr. Macktal to file a Department of Labor complaint against his former employer, Brown and Root, Inc., and Texas Utilities for his wrongful termination in violation of 42 U.S.C. 5851.
We are doing so today and have enclosed a courtesy copy of the complaint.
Additionally, Mr. Macktal has asked us to assist him in bringing his safety concerns, and that of his harassment and intimidation at Comanche Peak, to the attention of the appropriate officials of the NRC.
We had set up a meeting between Mr. Vince Noonan of the Comanche Peak Technical Review Team (TRT), Mr. Tom Westerman of
~
Region IV, and Mr. Mark Emerson, the Region IV allegation coordinator, for Tuesday, February 4.at 3:00 p.m.
On Friday morning, at approximately 10:15, we were informed by Mr. Emerson that the primary responsibility for investigating Mr. Macktal's j
allegations would lie-with Region IV, not the TRT.
Under those circumstances we cancelled the Tuesday meeting and informed Mr. Emerson that the meeting could be rescheduled in the future after the issues of accountability and responsibility of the investigation were resolved.
Notwithstanding our clear instructions to Mr. Emerson, he placed two phone calls to our client, one at 10:30 and another at 1:30.
Each time Mr.' Emerson attempted to ascertain from Mr.
Macktal either information protected by our attorney-client privilege or the address of Mr. Macktal.
(You should be aware that Region IV officials received Mr. Macktal's unlisted phone j
number from Comanche Peak personnel in the first place so it would not have-been necessary to call Mr. Macktal for his address 1
unless it was to imply some type of intimidating circumstances for cancelling the Tuesday meeting.)
8606240558 860609 PDR FOIA GARDE 86-A-44 PDR
+
e Mr. Victor Stello February 3, 1986 Page Two i
Be advised that we take our responsibilities for the protection of our clients very seriously and will not tolerate the type'of mistreatment that has been the trademark of Region IV for a decade.
We are anxious for Mr. Macktal to share his Comanche Peak experience with the NRC.
We believe his testimony will shed much light on the ongoing activities at the plant.
However, we do not plan to prepare or provide the NRC an affidavit of his concerns.
As you know, it is GAP's position that until the Office of Inspector and Auditor (OIA) report into Region IV's handling of the T-shirt incident is released and appropriate corrective action is implemented, we cannot and will not advise our clients e
to risk their careers and credibility by making disclosures to Region IV.
I have enclosed our January 29, 1985 letter to the Commissioners on this subject for your information.
In conclusion, we request that you take immediate action to arrange for primary responsibility for Mr. Macktal's interview and subsequent investigation to be handled by the TRT.
We look forward to your immediate response.
Yours truly,
[.
Thomas E. Carpenter Citizens Clinic Director TEC:43402 Enclosures cc: Service List
BEFORE THE ADMINISTRATOR WAGE AND HOUR DIVISION DEPARTMENT OF LABOR UNITED STATES OF AMERICA
)
JOE MACKTAL,
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Complainant,
)
)
v.
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COMPLAINT
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BROWN AND ROOT, INC.
and
)
TEXAS UTILITIES, INC.
)
)
COMPLAINT Pursuant to 42 U.S.C.
5851 of the Energy Reorganization Act of 1974 ("the Act"), and 29 C.F.R. Part 24, Mr. Joe Macktal files this complaint.
Mr. Macktal was an employee at the Comanche Peak nuclear power plant from January 31, 1985 to January 3, 1986.
As an employee on this project ha is entitled to protection under the Act.
Brown and Root, Inc. and Texas Utilities are both employers under the Act.
Mr. Macktal engaged in protected activity as defined by the Act and as clarified by Brown & Root v. Donovan, 747 F.2d. 1029 (5th Cir., 1984), under 42 U.S.C. 5851(a) (1) and (a) (3) when he notifi,ed his' supervisors that he intended to commence an NRC investigation of his concerns over the instruction by his super-e visor to violate NRC regulations and site implementing procedures in the conduct of his duties.
He also engaged in protected activity under 42 U.S.C. 5851 (a) (1) and (a) (3) when he commenced an investigation of his concerns with the site SAFETEAM.
(The SAFETEAM is to function as an extension of the government by providing an independent entity to which employees, like Mr. Macktal, can anonymously take concerns about harassment and safety issues.
Mr. Macktal suffered reprisals for his engagement in these protected activities.
(He also suffered reprisals for his internal whistleblowing prior to taking his concerns to the SAFETEAM.
He first raised his concerns to his suipervisors during the first three weeks of September 1985.
Immediately
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