ML20207M113

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $88,000.Violation Noted:Employment of Two Contractor Employees Terminated in Aug 1997,in Part Because Individuals Raised Concerns Re MOV Program Manual

ML20207M113
Person / Time
Site:	Millstone
Issue date:	03/09/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20207M105	List: ML20207M101 ML20207M113
References
EA-97-461, NUDOCS 9903180385
Download: ML20207M113 (2)

Text

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ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Company Docket Nos. 50-245; 50-336; 50-423

. Millstone Units 1,2,3 License Nos. DPR-21; DPR-65; NPF-49 EA 97-461 During an NRC investigation conducted by the NRC Office of Investigations (01), a violation of NRC requiremer'ts was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1800, 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 particular violation and associated civil penalty are set forth below:

10. CFR 50.7 prohibits, in part, discrimination by a Commission licensee against an employee or contractor for engaging in certain protected activities. Discrimination includes discharge or other actions relating to the compensation, terms, conditions, and privileges of employment. The activities which are protected include, but are not limited to, reporting of safety concems by an employee to his employer.

Contrary to the above, between July and August 1997, the licensee discriminated against two contractor employees within the Motor Operated Valve (MOV) Department due to their involvement in protected activities. Specifically, the employment of the contractor employees was terminated in August 1997, at least in part because the individuals had raised concems about the MOV program manual and the process by tyhich it was being reviewed. Each of the two terminations constitutes a separate instance of d!scrimination which is being combined as one violation. (01012)

This is a Severity Level 11 violation. (Supplement Vil).

Civil Penalty - $88,000.

. Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Company (NNECo or l Licensee) is hereby required to submit a written statement or explanation to the Director, Office of l

Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of i' Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include far each alleged violation: (1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted, and if denied, the reasons why; (3) the corrective steps ti sat have been taken and the results achieved; (4) the corrective steps that will be taken to avoid further violations; and (5) the date when full compliance will be achieved. ,

However, the NRC has concluded that information regarding the reason for the violation, and the l

' corrective actions taken and planned to correct the violation and prevent recurrence, is already l adequately addressed on the cocket in NNECo's September 30,1038 letter. Therefore, NNECo  !

is not required to respond pursuant to 10 CFR 2.201 unless trie description therein does not accurately reflect NNECo's corrective actions or its position. Consideration may be given to

, extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C.' 2232, this response shall be submitted under oath or affirmation.

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Enclosure 2 Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest j imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, j Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee I 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 violations listed in this Notice, in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not i be imposed. In addition to protesting the civil penalty in whole or in part, such answer may requect remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed 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 explanatic, in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citin; page and '

paragraph numbers) to avoid repetition. The attention of the Licensee is directed i the ether provisions of 10 CFR 2.205, regarding the procedure 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 Attomey 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.

The response noted above (Reply to Notice of Violation, letter wW payment of civil penalty, and Answer to a Notice of Violation) should be addre., sed to: Mr. James Lieberman, 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 i and a copy to the NRC Resident inspector at the facility that is the subject of this Notice. Because your response will be placed in the NRC Public Document Room (PDR),

to the extent possible, it should not include any personal privacy, proprietary, 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 iniormation, if you request withholding of such material, you must 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 ccmmercial or financial information). If safegua~ls information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at King of Prussia, Pennsylvania this 9th day of March 1999