ML20210N572

Discusses Investigations Rept 1-98-005 Conducted by OI at Naesco,Seabrook Station & Forwards NOV & Proposed Imposition of Civil Penalty - $55,000.Violation Re Failure to Promptly Correct Incorrectly Terminated Cables of Control Bldg Air

ML20210N572
Person / Time
Site:	Seabrook
Issue date:	08/03/1999
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Feigenbaum T PUBLIC SERVICE CO. OF NEW HAMPSHIRE
Shared Package
ML20210N576	List: ML20210N572 ML20210N578
References
EA-98-165, NUDOCS 9908110154
Download: ML20210N572 (5)

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[ g NUCLEAR REGULATORY COMMISSION C j REGloN i g 4 475 ALLENDAlf ROAD g KING oF PRusslA, PENNSYLVANIA 19406-1415 August 3, 1999 EA 98165 Mr T. C. Feigenbaum Executive Vice President and Chief Nuclear Officer Seabrook Station North Atlantic Energy Service Corporation I clo Mr. Jamec oeschel Post Office Box 300 Seabrook, New Hampshire 03874

SUBJECT:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY - $55,000 (Office of Investigations Report 1-98-005)

Dear Mr. Feigenbaum:

This refers to the subject investigation condued by the NRC Office of Investigations (01) at North Atlantic Energy Service Corporation's (NAESCo) Seabrook Station. Based on the findings of the investigation, apparent violations were identified involving: (1) discrimination by Williams Power Corporation (WPC), a contractor of NAESCO, against an electrician for ,

raising safety issues regarding electrical wiring in the control panel for the control building air l conditioning (CBA) system; (2) creation of an inaccurate record by WPC regarding work completed on the CBA system; and (3) the failure to promptly correct the incorrectly terminated cables of the CBA system. The synopsis of the subject 01 report was forwarded to you with our letter, dated March 16,1999. Our subsequent letter, dated April 8,1999, provided a summary of the facts that led the NRC to conclude that violations may have occurred. On June 2,1999, a predecisional enforcement conference (conference) was held with you, members of your staff, and representatives of WPC to discuss the apparent violations, their causes, and your corrective actions.

After review of the information developed during the investigation, the information provided during the conference, and other information provided subsequent t_o the conference, including the additional information provided in your letter dated June 15, 1999, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation and Proposed imposition of Civil Penalty (Notice). The violation involved discrimination against the WPC electrician who raised a concern regarding a wiring discrepancy in the control panel of the CBA system. Specifically, the WPC electrician ,

identified that two electrical conductors in the CBA control panel were terminated in a l I

configuration opposite that shown in the applicable design documents. The electrician first raised this concern to his foreman, and later brought the discrepancy to the attention of a NAESCo quality control (OC) inspector on January 7,1998. Subsequently, on January 16, 1998, the WPC foreman selected this specific electrician for a layoff.

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e North Atlantic Energy Service 2 Corporation At the conference, you contended that the electrician's raising of the safety concern was not a factor in his selection for layoff, noting that there were legitimate reasons for this action.

While legitimate reasons supporting the layoff may exist, the NRC has concluded, based on the evidence developed during the 01 investigation and the information provided at the enforcement conference, that the layoff was motivated, at least in part, by the individual's engagement in protected activity. Specifically, the NRC has concluded that the foreman selected the electrician for the layoff at least in part in retaliation for the manner in which he raised the wiring discrepancy; i.e. by bringing it to the attention of the QC inspector. As such, the NRC has concluded that the electrician was discriminated against for raising a safety concern which constitutes a violation of 10 CFR Part 50.7.

The NRC recognizes that these actions were taken by one of your contractors. Nonetheless, J the NRC holds the facility licensee responsible for the acts of all personnel employed at its )

facilities, including contractors. The NRC also recognizes that you took prompt action to review the circumstances of the electrician's layoff, and that you promptly had the electrician reinstated after recognizing the potential chilling effect that could result. Nonetheless, the actions of *.he WPC fcreman resulted in a significant violation of the employee protection j standards set forth in 10 CFR 50.7. Given that the violation was caused by an individual who was acting as a first line supervisor, the violation is categorized at Severity Level 111 in accordance with the NRC Enforcement Policy, " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600 (Enforcement Policy).

In accordance with the Enforcement Policy, a base civil penalty in the amount of $55,000 is considered for a Severity Level lll violation or problem. Since this violation was willful, the NRC considered whether credit was warranted for identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. In this case, the NRC recognizes that you investigated the layoff of the electrician; however, you did not recognize that discrimination occurred. Accordingly, credit is not warranted for identification of the violation. With respect to corrective actions, although you did not conclude that the layoff was motivated by retaliatory reasons, you recognized the potential chilling effect that the layoff could have on other contractor or NAESCo employees.

As a result, you recommended that WPC: (1) reinstate the electrician; (2) inform its supervisory and craft employees about the event; (3) improve the quality of documentation supporting personnel actions; and (4) reinforce its commitment to a safety conscious work environment to its entire workforce at the Seabrook station. Additionally, you designated a NAESCo manager to provide additional management oversight of all initiatives devoted to maintaining a safety conscious work environment (SCWE). Further, you conducted an assessment which concluded that a healthy SCWE exists at the Seabrook Station. Therefore, credit for corrective action is warranted.

Therefors, to emphasize the importance of continuously assuring a work environment that is free of any harassment, intimidation, or discrimination against those who raise safety concerns, and to encourage prompt identification of violations, I have been authorized, after consultation with the Director, Office of Enforcement, to propose a base civil penalty in the amount of $55,000 for the violation set forth in the Notice.

r .

North Atlantic Er:crgy Service 3 Corporation l

Based on the information provided at the conference and on further evaluation of the results I of the 01 investigation, the NRC has concluded that no violations of 10 CFR 50.9, l " Completeness and Accuracy of Information," or 10 CFR 50, Appendix B, Criterion XVI, l " Corrective Action," occurred. Specifically, the NRC concluded that, because the wiring discrepancy was noted in the work document, the documentation of the CBA control panel i work activities was accurate. Additionally, because the wiring discrepancy was corrected before the CBA system was returned to service, the NRC concluded that your corrective actions for the discrepant condition were not untimely. However, the failure to terminate the conductors in accordance with the applicable design document, and the failure to generate an Adverse Condition Report (ACR) for the wiring discrepancy by the end of the day on which it was discovered, constituted violations of requirements contained in Seabrook site procedures.

These violations were of minor significance and are not subject to formal enforcement action.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to

! determine whether further enforcement action is necessary to ensure compliance with

! regulatory requirements.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, and your response will be placed in the NRC Public Document Room (PDR).

l Sincerely, l

H ert J. Miller Regional Administrator  ;

1 Docket No. 50-443 Licenso No. NPF-56

Enclosure:

Notice of Violation and Proposed imposition of Civil Penalty

North Atlantic Energy Service 4 Corporation cc w/ encl:

B. Kenyon, President - Nuclear Group J. Streeter, Recovery Officer - Nuclear Oversight ,

W. DiProfio, Station Director - Seabrook Station j R. Hickok, Nuclear Training Manager - Seabrook Station j D. Carriere, Director, Production Services i L. Cuoco, Esquire, Senior Nuclear Counsel l W. Fogg, Director, New Hampshire Office of Emergency Management R. Backus, Esquire, Backus, Meyer and Solomon, New Hampshire l D. Brown-Couture, Director, Nuclear Safety, Massachusetts Emergency I Management Agency )

F. Getman, Jr., Vice President and General Counsel - Great Bay Power Corporation R. Hallisey, Director, Dept. of Public Health, Commonwealth of Massachusetts Seacoast Anti-Pollution League ,

D. Tefft, Administrator, Bureau of Radiological Health, State of New Hampshire S. Comley, Executive Director, We the People of the United States W. Meinert, Nuclear Engineer i a

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