ML20210G805

Discusses DOL Case DC Smith Vs TVA Investigation.Oi Concluded That There Was Not Sufficient Evidence Developed During Investigation to Substantiate Discrimination.Nrc Providing Results of OI Investigation to Parties

ML20210G805
Person / Time
Site:	Browns Ferry
Issue date:	07/22/1999
From:	Scott Sparks NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Scalice J TENNESSEE VALLEY AUTHORITY
References
NUDOCS 9908030208
Download: ML20210G805 (3)

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[i.narg UNITED STATES 4g NUCLE,AR REGULATORY COMMISSION L

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y SAM NUNN ATLANTA FEDERAL CENTER e

61 FoRsYTH STREET. sW. SUITE 23T85 i

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ATLANTA. GEORGIA 30303 8931 l

July 22, 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 (DONALD C. SMITH VS. TENNESSEE VALLEY AUTHORITY)

Dear Mr. Scalice:

On February 5,1999, the NRC's Office of Investigations (01) initiated an investigation to determine whether Mr. Donald C. Smith was subject to discrimination for previously reporting safety concems at Tennessee Valley Authority's (TVA) Browns Ferry Nuclear Plant. The 01 investigation, documented in 01 report No. 2-1999-005, was completed on May 25,1999. Of concluded that there was not sufficient evidence developed during the investigation to substantiate discrimination.

The U.S. Department of Labor's (DOL) OSHA Division in Birmingham, Alabama, received a complaint dated April 15,1999, on a similar matter filed by Mr. Smith. The OSHA Regional Supervisory investigator has not yet issued a decision in this case. Accordingly, the statf will hold its judgement on whether or not enforcement action is warranted and will continue to monitor DOL activities in this rnatter until after a final decision by DOL.

We are providing the parties involved in the DOL complaint the results of the 01 investigation. A copy of the synopsis of the 01 report is enclosed. You should note that final NRC documents, including the final Ol report, may be made available to the public under the Freedom of l

Information Act (FOIA) subject to redaction of information pursuant to the FOIA. Requests I

under the FOIA should be made in accordance with 10 CFR 9.23, Request for Records.

Should you have any questions regarding this case, you may contact me at 404-562-4422.

1 Sincerely,-

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Scott E. Sparks, Acting Enforcement Officer Enforcement and investigations

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Coordination Staff

Enclosure:

Synopsis of 01 Report No. 2-99-005

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SYNOPSIS The U.S. Nuclear Regulatory Commission (NRC), Region II, Office ofInvestigations initiated

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this investigation on February 5,1999. The investigation was based on information provided by a shift technical advisor at the Tennessee Valley Authority (TVA) Browns Ferry Nuclear Plant alleging that his evaluation report for a Hot License Training examination was altered to reflect a failing performance. According to the alleger, the altered report was a result of an earlier report he made to TVA's Office of the Inspector General and NRC over safety concerns at Browns Ferry.

The evidence developed did not substantiate the allegation that employee discrimination occurred on a TVA Hot License Training examination.

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