ML20211A735

EN-99-029:on 990803,notice of Proposed Imposition of Civil Penalty in Amount of $55,000 Issued to Licensee.Based on Severity Level III Violation Involving Licensee Contractor That Discriminated Against Contractor Electrician

ML20211A735
Person / Time
Site:	Seabrook
Issue date:	07/29/1999
From:	Borchardt R, Canady J NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-98-165, EA-98-338, EN-99-029, IA-99-003, NUDOCS 9908240121
Download: ML20211A735 (2)

Text

July 29,1999 EN 99-029 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: North Atlantic Energy Service Corporation (EA 98-165)

Seabrook Station Docket No. 50-443 Subiect: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY

$55,000 This is to inform the Comr-ission that a Notice of Violation and Proposed imposition of Civil Penalty in the amount of $55,000 will be issued on or about August 3,1999 to North Atlantic Energy Service Corporation. The action is based on a Severity Level 111 violation involving a licensee contractor that discriminated against a contractor electrician due to the electrician's involvement in protected activity. Specifically, the contractor electrician was selected for a layoff on January 16,1998, due, at least in part, to the fact that he had raised a concern to the licensee's Quality Control Inspector on January 7,1998, regarding a wiring discrepancy in the control panel of the control building air conditioning (CBA) system, a safety-related system.

Given that the violation was caused by an individual who was acting as a first line supervisor, it is categorized at Severity Level lil in accordance with the NRC Enforcement Policy. The action of the acting first line supervisor resulted in a significant violation of the electrician's protection standards set forth in 10 CFR 50.7. A base civil penalty in the amount of $55,000 is proposed for this Severity 111 violation.

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 since the violation was willful. The NRC staff determined that the licensee did not warrant credit for identiikation. The licensee took prompt action to review the circumstances of the electrician's layoff, and promptly had the electrician reinstated after  !

! recognizing the potential chilling effect that could result. However, the licensee's l l investigation of the layoff did not recognize that discrimination had occurred. The staff l determined from a review of the corrective actions taken by the licensee that credit for the corrective actions was warranted. l l

l Notices of Violation without civil penalty are also being issued to William Power Corporation, the licensee's contractor (EA 98-338), and the individual (IA 99-003). l It should be noted that the licensee, the contractor and the individual have not been specifically informed of the enforcement action. The schedule of. issuance and notification is:

Mailing of Notices August 3,1999 Telephone Notification of Licensee August 3,1999 Due to earlier interest in this matter, Representative Edward J. Markey will be notified.

3 The State of New Hampshire will be notified. 0

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9908240121 990729 PDR I&E EN-99-029 PDR

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References:

01 Rrport # 1-1998-005 Contacts: J. Canady, OE, 415-2747 R. W. Borchardt, OE, 415-2741 EN 99-029 July 29.1999 Distribution OWFN OWFN TWFN Regional Offices Chairman Dicus EDO OC RI RIV ,_

Comm. Diaz DEDE ACRS Rll Comm. McGaffigan OE OP CTR Rlli Conim. Merrifield OGC NMSS OCA NRR IRM MAIL PA 01 OlG NUDOCS  ;

IP SP RES PUBLIC SECY CIO PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION I

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