ML20210S626

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Violation Noted:Termination of Ga Field Due to Concerns Raised Re Receiving Radiation Exposure in Excess of Regulatory Limit

ML20210S626
Person / Time
Site:	Peach Bottom
Issue date:	02/09/1987
From:	Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20210S567	List: ML20210S561 ML20210S626
References
EA-87-005, EA-87-5, NUDOCS 8702170666
Download: ML20210S626 (2)

Text

__ -_ _-

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Philadc1phia Electric Company Docket No. 50-278 Peach Bottom, Unit 3 License No. DPR-56 EA 87-05 As a result of an investigation conducted by the NRC Office of Investigations (OI), the NRC has determined that the employment of a contractor health physics technician was terminated for engaging in a protected activity. This termina-tion constitutes a violation of NRC requirements. In accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (Enforcement Policy) (1986), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to section 234 of the Atomic Energy Act of 1984, as amended (Act), 42 U.S.C. 2282 and 10 CFR 2.205.

The particular violation and the associated civil penalty are set forth below.

10 CFR 50.7 prohibits discrimination by a licensee or licensee contractor against an employee for engaging in certain protected activities, includ-

) ing raising safety concerns to his management and providing the Commission with information about possible violations of requirements imposed under either the Atomic Energy Act or the Energy Reorganization Act of 1974.

Discrimination includes discharge and other actions that relate to compen-sation, terms, conditions and privileges of employment.

Contrary to the above, on October 4, 1985, George A. Field, an employee of Bartlett Nuclear, Inc., a contractor performing health physics oversight functions at the Peach Bottom Atomic Power Station, was discriminated against by Philadelphia Electric Company (PECO) for engaging in a protected acti-vity as a Health Physics Technician. Specifically, the employment of Mr. Field at the Peach Bottom Atomic Power Station was terminated by Bartlett Nuclear, Inc., at the direction of the PECO Field HP Supervisor, because he persisted in raising concerns regarding whether he might have received a radiation exposure in excess of the regulatory limit while he was working in the Unit 3 offgas tunnel in March 1985 and because of a belief by certain PECO supervisors that Mr. Field had informed the Commission of his concerns.

This is a Severity Level III Violation (Supplement VII).

Civil Penalty - $50,000.

Pursuant to the provision of 10 CFR 2.201, Philadelphia Electric Company is hereby required to submit a written statement of explanation to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 with a copy to the Regional Administrator, USNRC Region I, 631 Park Avenue, King of Prussia, Pennsylvania 19406, within 30 days of the date of this Notice. This reply should include: (1) admission or denial of the alleged violation, (2) the reasons for the violation, if 0FFICIAL RECORD COPY CP PB REV 1 - 0006.0.0 05/15/86 8702170666 DR 870209 ADOCK 05000278 PDR

2 admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further viola-tions, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, the Director, Office of Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, Philadelphia Electric Company may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the amount of Fifty Thousand Dollars ($50,000) or may protest imposition of the civil penalty in whole or in part by a written answer. Should Philadelphia Electric Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an Order imposing the civil penalty in the amount proposed above. Should Philadelphia Electric Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may: (1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors contained in Section V.B of 10 CFR Part 2, Appendix C, should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of Philadelphia Electric Company is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due, which has been subsequently determined in accordance with the applic;Fle provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

FOR THE NUCLEAR REGULATORY COMMISSION I

Orician1 Signed By:

, Thomas E. Murley ~

Regional Administrator Dated at King of Prussia, Pennsylvania this q!)L day of February 1987 0FFICIAL RECORD COPY CP PB REV 1 - 0006.1.0 05/15/86

. . - . _-__- -- .-__ -. _. .. - - - - .- . - . . - - ----- -