ML20207E739
| ML20207E739 | |
| Person / Time | |
|---|---|
| Issue date: | 02/25/1999 |
| From: | Boland A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Scalice J TENNESSEE VALLEY AUTHORITY |
| References | |
| NUDOCS 9903110064 | |
| Download: ML20207E739 (3) | |
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February 25,1999 Tennessee Valley Authority
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Attn:
Mr. J. A. Scalice President, TVA Nuclear and Chief Nuclear Officer i
6A Lookout Place
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1101 Market Street i
j Chattanooga, Tennessee 37402 2801
SUBJECT:
DEPARTMENT OF LABOR (DOL) CASES NC 17-ERA-24 AND 97-ERA-62 (DEWEY RAY SMITH VS. TENNESSEE VAL iY AUTHORITY) AND OFFICE OF INVESTIGATION REPORT NO. 2-96-007 4
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Dear Mr. Scalice:
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On March 18,1996, the NRC's Office of Investigation (01) initiated an investigation to l
determine if Dewey Ray Smith was subject to adverse action for reporting safety concerns to i
Tennessee Valley Authority (TVA) management and the NRC. The 01 investigation, was l
completed on June 17,1996 and concluded that there was not sufficient evidence developed during the investigation to substantiate the allegation. We are providing the parties involved in the DOL hearing the results of the 01 investigation associated with Mr. Smith's 4
February 12,1996 discrimination complaint. A copy of the synopsis of the 01 report is j-enclosed.
I On February 13,1996, U.S. Department of Labor's (DOL) Wage and Hour Divisioriin Knoxville, j-Tennessee, received a complaint from Dewey Ray Smith. On January 15,1997, the Assistant District Director issued a decision in this case and concluded that Mr. Smith's allegations could not be substantiated. On February 19,1997, the U.S. DOL's Wage and Hour Division in Knoxville received a subsequent complaint from Mr. Smith. On September 19,1997, the Assistant District Director concluded that Mr. Smith allegations resulting from his February 19,1997-complaint also could not be substantlated.
,9 On January 22,1999, a DOL Administrative Law Judge (ALJ) issued a Recommended Decision and Order (Order). The ALJ recommended approval of the settlement agreement and approval of the joint motion for dismissal to dismiss both claims. Given that neither party petitioned review by the DOL Administrative Review Board, the ALJ Order has become the final decision of the Secretary of Labor. Based on the ALJ Order and that the settlement met the requirements of 10 CFR 50.7, NRC's monitoring of DOL's cctivities has been completed.
You should note that final NRC documents, including the final Ol report, may be made available to the public under the Freedom of Information Act (FOlA). Request under the FOIA should be made in accordance with 10 CFR 9.23, Request for Records.
.n 9903110064 990225 PDR ORG EUSDOL PDR S.
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4 TVA 2
This concludes the staff's action in this case. Should you have any questions regarding this case, you may contact me at 404-562-4421.
O g
p ri e N b f AnneJ< Boland, Director Enforcement and Investigations
' Coordination Staff
Enclosure:
Synopsis of Ol Report No. 2-96-007
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