ML20209B889
| ML20209B889 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 05/17/1999 |
| From: | Borchardt R, Clayton C NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| References | |
| EA-99-012, EA-99-12, EN-99-019, EN-99-19, NUDOCS 9907080244 | |
| Download: ML20209B889 (2) | |
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May 17,1999 EN 99-019 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACT!ON Licensee:
First Energy Nuclear Operating Company (EA 99-012)
Perry Nuclear Power Plant 4
Docket No. 50-440 l
Subiect:
PROPOSED IMPOSITION OF CIVIL PENALTY - $110,000 This is to inform the Commission that a Notice of Violation and Proposed imposition of Civil Penalties in the amount of $110,000 will be issued on or about May 20,1999, to First Energy Nuclear Operating Company (FENOC) in connection with a violation of the NRC's employee protection regulation (10 CFR 50.7) which occurred at the Perry Plant in July 1997. The action is based upon a Severity Level ll violation involving the Perry Radiation Protection Manager (RPM) who discriminated against a Radiation Protection Supervisor (RPS) for engaging in protected activities. The RPS's protected activities pertained to a July 17,1997, deposition that the RPS was to give in a Department of Labor (DOL) heanng concerning alleged employment discrimination against another individual at the Perry Nuclear Plant. The RPS had indicated to FENOC representatives that his testimony would i
not be favorable to FENOC. As a result, the RPM verbally counseled tile RPS on the day prior to the RPS's scheduled deposition and placed a memorandum documenting the verbal counseling in the RPS's personnel file.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $88,000 is considered for a Severity Level 11 violation. Because this issue involves a Severity Level 11 violation, the NRC considered whether credit was warranted for /dentification and Corrective Action it was determined that credit is not warranted for /dentification because the violation was identified by the NRC. Corrective Action credit was not warranted because FENOC has not implemented corrective actions to address the root causes of the violation. Since
/dentification and Conective Action credit were not warranted, the civil penalty assessment for the violation was twice the base ($176,000). However, section VI.B.2 of the Enforcement Policy limits the civil penalty to $110,000 per day for any one violation. As a result, a civil penalty in the amount of $110,000 is being proposed.
The staff has chosen to refrain from issuing individual enforcement action against the RPM who verbally counseled the RPS on the day prior to the RPS's scheduled deposition and placed a memorandum documenting the verbal counseling in the RPS's personnel file because of the RPM's inexperience in employee protection matters and the lack of training j
provided by the licensee to the RPM in this area.
4 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil VERIFICATION THAT LICENSEE HAS RECEIVED ACTION
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EN 99-019 May 17,1999 it should be noted that the licensee has not been specifically informed of the staff's enforcement decision.' The schedule ofissuance of the enforcement action to the licensee and notification is:
Mailing of the Enforcement Action May 20,1999 Tolephone Notification of Licensee May 20,1999 The State of Ohio will be notified.
Contacts: B. Clayton, Rlli (630) 8104373 R. W. Borchardt, OE, (301) 415-2741 Distribution -
OWFN OWFN TWFN Regional Offices Chairman Jackson - EDO
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IP CIO SECY PRELitulNARY INFOP.MATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION