ML20207B129

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $110,000.Violation Noted:Centerior Energy Corp Through Actions of RPM Discriminated Againt Rps,On 970716,as Result of RPS Engaging in Protected Activities

ML20207B129
Person / Time
Site:	Perry
Issue date:	05/20/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20207B128	List: ML20207B125 ML20207B129
References
EA-99-012, EA-99-12, NUDOCS 9905280128
Download: ML20207B129 (3)

Text

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I NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY

; FirstEnergy Nuclear Operating Company Docket No. 50-440 Perry Nuclear Power Plant l License No. NPF-58 j EA 99-012 I I

During an NRC investigation completed on December 10,1998, a violation of NRC requirements was identified. In accordance with NUREG-1600, " General Statement of Policy and Procedure for NRC Enforcement Actions," the NRC proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The violation and associated civil penalty is set forth below:

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, 10 CFR 50.7(a), " Employee Protection," in part, prohibits discrimination by a l Commission licensee against an employee for engaging in certain protected activities.

i Discrimination includes discharge and other actions that relate to the compensation,

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l conditions, terms, or privileges of employment. The protected activities are established l l in Section 211 of the Energy Reorganization Act of 1974, as amended, and in general )

I are related to the administration or enforcement of a requirement imposed under the 1 l Atomic Energy Act or Energy Reorganization Act. Protected activities, include but are not limited to, an employee testifying in any Commission proceeding, before Congress, g or at any Federal or State proceeding regarding any provision (or proposed provision) of l

either the Atomic Energy Act or the Energy Reorganization Act of 1974.

Contrary to the above, Centerior Energy Corporation (currently FirstEnergy Nuclear Operating Company) a Commission licensee, through the actions of the Radiation Protection Manager, discriminated against a Radiation Protection Supervisor (RPS), on I' July 16,1997, as a result of the RPS engaging in protected activities. The RPS's protected activities consisted of participation in a U.S. Department of Labor (DOL) proceeding. Specifically, the Radiation Protection Manager gave the RPS verbal counseling concerning the deposition he was to provide in the DOL proceeding on July 17,1997, and placed a memorandum documenting the verbal counseling in the RPS's section personnel file on July 22,1997. (01012)

This is a Severity Level Il violation (Supplement Vil).

Civil Penalty - $110,000 Pursuant to the provisions of 10 CFR 2.201, FirstEnergy Nuclear Operating Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office  !

of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Propeccd !mpcsition of Civil Penalty (Notice). This reply should be clearly marked as a " Rep!y to a Notice of Violation" and should include for each violation:

(1) admission or denial of the violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date 2

when full compliance will be achieved if an adequate reply is not received within the time specified in this Notice, an order or a Demand for information may be issued as to why the 1

l 9905280128 PDR 990520 7 0 ADOCK 05000440 PDR ,

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Notice of Violation and -2 Proposed Imposition of Civil Penalty license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown.

Within the same time as provided for the response required above under 10 CFR 2.201 the Licensee may pay the ci.il penalty proposed above in accordance with NUREG/BR-0254 and by submitting to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, a statement indicating when and by what method payment was made, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commisslon. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file'an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in

part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:

(1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show errors in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the pensity.

In requesting mitigation of the proposed penalty, the factors adoressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with

.10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the precedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c. l The response noted above (Reply to Notice of Violation, statement as to payment of civil I penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738; with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region lil; and a copy to the NRC Resident inspector at the Perry facility.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, Foprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you mytt i

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Notice of Violation and Proposed imposition of Civil Penalty specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information 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.

- In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 20* day of May 1999 a-..