ML20211K680
| ML20211K680 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 09/29/1997 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Kingsley O TENNESSEE VALLEY AUTHORITY |
| References | |
| EA-97-456, NUDOCS 9710090333 | |
| Download: ML20211K680 (5) | |
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September 29, 1997 EA 97 456 Tennessee Valley Authority AlTN:
Mr. Oliver D. Kingsley, Jr.
President, TVA Nuclear and Chief Nuclear Officer 6A Lookout Place 1101 Harket Street Chattanooga, Tennessee 37402 2801
SUBJECT:
COMPLAINT OF ALLEGED DISCRIMINATION
Dear Mr. Kingsley:
On June 26, 1996, the U. S. Department of Labor's Wage and Hour Division in
-l Knoxville, Tennessee, received a com)1aint from an employee of Tennessee Valley Authority (TVA), Mr. Gary L. riser.
Mr. Fiser alleged that he was subjected to an adverse personnel action at TVA's Corporate Office on June 13, 1996, when his Pressurized Water Reactor (PWR) chemistry position was posted, because he had revealed deficiencies in TVA activities and management decisions with respect to compliance with NRC regulations, particularly 10 CFR 50, Appendix 1.
In response to that complaint, the Wage and Hour Division conducted an investigation, and in a letter dated September 2,1997. the Assistant District Director of the Wage and Hour Division issued a decision in the case. The Assistant Area Director found that Mr. Fiser was discriminated against when TVA failed to select him for the PWR chemsitry position posted in June 1996 and that the adverse action was directly linked to Mr. Fiser's protected activities, in particular his previous 1993 00L complaint.
Based on this information, the NRC is concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred and that the actions taken against Mr. Fiser may have had a chilling effect on other licensee or contractor personnel.
Accordingly, pursuant to Sections 161c, 1610, 182, and 186 of the Atomic Energy het of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended, or revoked, or. other enforcement action taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes:
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Your position regarding whether the actions affecting this individual violated 10 CFR 50.7 and the basis for your position, including the results of any investigations you may have conducted to determine whether a violation occcrred: and N,Ifl(l%
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Action you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliar.ce concerns within your organization and, as discussed in NRC Form 3, to the NRC.
We recognize that you may not believe that unlawful discrimination has occurred in this case. We also note that you have and/or will provide information relative to chilling effect in response to our letters to TVA dated,)uly 2 and September 8,1997, regarding recent DOL decisions associated with the Watts Bar and Secuoyah Plants, respectively.
Regardless of your answer to Item 1 above anc the information which may have been previously provided, we request that you consider W need to address the possible chilling effeet that this case may hae 69 AMr employees, j
Your response should not, to the extent posele, include any personal privacy, proprietary, or safeguards information so that it can be released to the public and placed in the NRC Public Document Room (PDR).
If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the personal privacy related information and a redacted copy of our response that deletes the personal privacy related information.
Identif the particular portions of the response in question which, if disclosed, woul create an unwarranted invasion of personal privacy, identify the individual whose privacy would be -
invaded in each instance, describe the nature of the privacy invasion, and indicate why, considerin privacy is unwarranted. g the public interest in the matter, the invasion of If you request withholding on any other grounds, you muit specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).
If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
After reviewing your res>onse, the NRC will determine whether enforcement action is necessary at t11s time 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 PDR.
Sincerely, Original Signed by L. A. Reyes Luis A. Reyes Regional Administrator Docket Nos. 50 327, 50 328 License Nos. DPR 77, DPR 79 cc: See Page 3
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.TVA 3
cc:
Assistant Administrator Mark J. Burzynski, Manager Employment Standards Administration Nuclear Licensing Wage and Hour Division Tennessee _ Valley Authority U. S. Department of Labor 4J Blue Ridge Room S 3502 1101 Harket Street 200 Constitution Avenue. N.W.
Chattanooga. TN 37402 2801 Washington. D.C.
20210 Pedro Salas. Manager Carol Merchant, Assistant District Licensing and Industry Affairs Director Sequoyah Nuclear Plant Wage and Hour Division P. O. Box 2000 Em)loyment Standards Administration Soddy Daisy. TN 37379 Join Duncan Federal Building 710 Locust St. Room 101
-J. T. Herron Plant Manager Knoxville. TN 37902 Sequoyah Nuclear Plant Tennessee Valley Authority
__0. J. Zeringue. Senior Vice P. O. Box 2000 President Soddy Daisy. TN 37379 Nuclear Operations Tennessee Valley Authority Michael H. Hobley. Director 6A Lookout Place Division of Radiological 1101 Market Street Health
_ Chattanooga, TN 37402 2801 3rd Floor. L and C Annex 401 Church Street-Jack A. Bailey. Vice President Nashville. TN 37243 1532 Engineering & Technical Services
. Tennessee Valley Authority County Executive 6A Lookout Place Hamilton County Courthouse 1101 Market Street Chattanooga, TN 37402 Chattanooga. TN 37402 2801 Gary L. Fiser MasoudBajestani 3030 Laurel Cove Lane Site Vice President Signal Mountain. TN 37377 Sequoyah Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Soddy Daisy. TN 37379 General-Counsel Tennessee Valley Authority ET 10H
-400 West Summit Hill Drive Knoxville TN 37902 Raul R.- Baron. - General Manager Nuclear Assurance Tennessee Valley Authority 4J Blue Ridge 1101 Harket Street Chattanooga. TN 37402 2801
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