ML20210Q499

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Discusses DOL Case 97-ERA-051 Re Alleged Discrimination, Filed by L Bernabei of Bernabei & Katz on Behalf of SB Mcanena.Determined That Settlements Met Requirements of 10CFR50.7 & Activities Associated with DOL Case,Completed
ML20210Q499
Person / Time
Issue date: 08/04/1999
From: Scott Sparks
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Scalice J
TENNESSEE VALLEY AUTHORITY
References
NUDOCS 9908160047
Download: ML20210Q499 (2)


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SAM NUNN ATLANTA FEDERAL CENTER 61 FoRsYTH STREET. sW. sulTE 23T85 ATLANTA. GEORGIA 30303-8931 August 4,1999 Tennessee Valley Authority ATTN: Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

DEPARTMENT OF LABOR (DOL) CASE NO. 97-ERA-051 (SUZANNE B. McANENA VS. TENNESSEE VALLEY AUTHORITY)

Dear Mr. Scalice:

On March 6,1997, the U.S. Department of Labor's (DOL) OSHA Division in Atlanta, Georgia initiated an investigatinn of a complaint alleging discriminaticr. that was filed by Ms. Lynne Bernabei of Bemabei & Katz on behalf of Ms. McAnena. On May 4,1998, 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 there was insufficient evidence developed during the investigation to substantiate discrimination.

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 March 10,1999, the DOL ALJ issued a Recommended Order of Dismissal (RDO) in the case approving a settlement agreement between Tennessee Valley Authority and Ms. McAnena. Based on the RDO and the NRC's determination that the settlement met the i

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 404-562-4421.

Sincerely, Wh Scott E. Spa ks, Acting Enforcement Officer Enforcement and investigations Coordination Staff o

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