ML20210E188
| ML20210E188 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1999 |
| From: | Scott Sparks NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Scalice J TENNESSEE VALLEY AUTHORITY |
| References | |
| NUDOCS 9907280150 | |
| Download: ML20210E188 (2) | |
Text
I pa rerug UNITED STATES fo NUCLEAR REGULATORY COMMISSION
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y SAM NUNN ATLANTA FEDERAL CENTER "o
61 FoRSYTH STREET. sW. SUITE 23T85 ATLANTA. GEORGIA 30303-8931 July 16,1999
.. Tennessee Valley Authority ATTN: Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801
SUBJECT:
DEPARTMENT OF LABOR (DOL) CASE NO. 98-ERA-034
)
(DONALD C. SMITH VS. TENNESSEE VALLEY AUTHORITY)
Dear Mr. Scalice:
On October 30,1997, the U.S. Department of Labor's (DOL) OSHA Division in Birmingham, Alabama initiated an investigation of a complaint alleging discrimination that was filed by Mr. John R. Benn on behalf of Mr. Donald C. Smith. On December 14,1998, you were also advised that the NRC's Office of Investigations (01) had completed an investigation of the complaint. You were provided a copy of the 01 synopsis which described that the evidence developed in the investigation did not substantiate the allegation that Mr. Smith was discriminated against for engaging in a protected activity. However, you were informed that NRC would hold its judgement on whether or not enforcement action was warranted in this matter until after an adjudicatory decision by a DOL Administrative Law Judge (ALJ).
On June 4,1999, the DOL ALJ issued a Recommended Order of Dismissal (RDO) in the case approving a settlement agreement between Tennessee Valley Authority and Mr. Smith. Based on the RDO and the NRC's determination that the settlement met the requirements of 10 CFR 50.7, the NRC staff's activities associated with DOL have been completed.
Based on the NRC investigation and the results of the DOL activities, NRC plans no further action regarding this matter. If you have any questions regarding this case, you may contact me at 404 562-4422.
Sincerely, E E&
Scott E. Sparks, Acting Enforcement Officer Enforcement and Investigations Coordination Staff l
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