ML20211Q411
| ML20211Q411 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 12/17/1986 |
| From: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Gerstner W ILLINOIS POWER CO. |
| References | |
| EA-86-143, NUDOCS 8612190257 | |
| Download: ML20211Q411 (4) | |
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TE/'l-December 17, 1986 Docket No. 50-461 License No. CPPR-137 EA 86-143 Illinois Power Company ATTN: Mr. W. C. Gerstner Executive Vice President 500 South 27th Street Decatur, IL 62525 Gentlemen:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY This refers to the results of an investigation and hearing conducted by the Department of Labor (DOL) pertaining to a complaint filed with DOL on May 22, 1984 by Mr. Jack D. Priest, an employee of Baldwin Associates and an electrical foreman at the Clinton Power Station (DOL Case No. 84-ERA-30).
In his complaint, Mr. Priest alleged that he was discharged from his job after reporting an office break-in and missing safety-related documentation.
In a Final Decision and Order dated June 11, 1986, the Secretary of Labor found that a violation of Section 210 of the Energy Reorganization Act of 1974, as amended, (employee protection provision) had occurred. After reviewing the DOL record, the Nuclear Regulatory Commission (NRC) has found that a violation of the Commission's regulations has occurred. This matter was discussed with you during an Enforcement Conference conducted in the Region III offices on August 15, 1986.
The enclosed Notice of Violation describes an incident of discrimination in violation of 10 CFR 50.7.
Specifically, under 10 CFR 50.7, discrimination by a Commission licensee, or its contractor, against an employee for engaging in protected activities is prohibited.
Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment. The activities which are protected include reporting of quality discrepancies and safety problems by an employee to his employer or the NRC.
To emphasize that acts of discrimination against employees engaged in protected activities will not be tolerated, I have been authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Fifty Thousand Dollars ($50,000) for the violation described in the enclosed Notice.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986) s CERTIFIED MAIL RETURN RECEIPT REQUESTED
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Illinois Power Company 2
December 17, 1986 (Enforcement Policy), the violation described in the enclosed Notice has been characterized as a Severity Level III violation. The base value of a civil penalty for a Severity Level III violation is $50,000. The escalation and mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate.
The NRC is aware that Illinois Power Company (IPC) has had an ongoing program to prevent harassment and discrimination of workers engaged in protected activities since 1982. Many of these corrective actions were initiated after the alleged discrimination and prior to the Secretary of Labor's decision in this case.
Continuing efforts on the part of IPC strengthened these corrective actions after the Secretary's decision. Corrective actions included:
(1) adoption of a policy on intimidation and subsequent reinforcement of that policy to all site personnel, including IPC and contractor personnel, (2) implementation of General Employee Training program for Clinton Power station site IPC personnel which included the policy on intimidation, (3) corporate involvement in Baldwin Associates Quality personnel actions, and (4) disciplinary action in cases where intimidation was evident. The scope of the IPC corrective actions appears to focus on the prevention of intimidation and discrimination regarding Quality Assurance / Quality Control personnel (QA/QC).
This scope should be broadened to include the prevention of discrimination against all personnel who may engage in protected activities and not just QA/QC personnel.
At least one other incident of possible discrimination involving Mr. Steve Bonneau was identified by the DOL but is not included in the enclosed Notice of Violation.
Mr. Bonneau, an employee of IPC, alleged that he was discharged in retaliation for expressing safety concerns to the NRC. This incident is not cited, however, because the corrective actions initiated by you, if increased in scope to cover all personnel who may engaged in protected activities, will address this incident as well.
Even though this incident is not cited as a violation, the underlying problems that may have led to the incident deserve your attention.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. You may also include in your response any relevant information regarding Baldwin Associates' appeal of the June 11, 1986 Order of the Secretary of Labor in the United States Court of Appeals for the Seventh Circuit. After reviewing :/our response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
Illinois Power Company 3
December 17, 1986 The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.
Sincerely, 0?Dicai $)thf;d by
'.;r. 1 G. K.y.*ier James G. Keppler Regional Administrator
Enclosure:
Notice of Violation and Propo ed Imposition of Civil Penalty c3 w/ enclosure:
W CS/RSB (RIDS)
Licensing Fee Management Branch Resident Inspector, RIII Richard Hubbard Gary N. Wright, Manager Nuclear Facility Safety Mark Jason, Assistant Attorney General, Environmental Control Division H. S. Taylor, Quality Assurance Division David Rosenblatt, Governor's Office of Consumer Services RIIIg i
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Illinois Power Company-4 December 17, 1986 Distribution PDR LPDR SECY CA ACRS JTaylor, IE RStarostecki, IE JKeppler, RIII ABEach, IE EHoller, IE JLieberman, OGC Enforcement Coordinators RI, RII,~,RIII, RIV, RV FIngram, PA BHayes, 01 SConnelly, OIA JCrooks, AE0D HDenton, NRR EA File ES File Resident Inspector 1
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