ML20216H357

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Informs That Apparent Violation of NRC Requirements,Per 10CFR50.7, Employee Protection, Prohibiting Discrimination Against Employees Who Engage in Protected Activities,Being Considered for Escalated Enforcement Action
ML20216H357
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 05/14/1997
From: Beach A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Stols R
AFFILIATION NOT ASSIGNED
References
EA-97-212, NUDOCS 9709160208
Download: ML20216H357 (3)


Text

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'u 801 WARMWittE ROAD USLE, stiMols eur&4351 May 14. 1997 EA 97 212 Ms. Rita Stols (Home Address Deleted Under 10 CFR 2.790)

SUBJECT:

APPARENT VIOLATION OF EMPLOYEE PROTECTION REQUIREMENTS (NRC 1

OFFICE OF INVESTIGATIONS REPORTS NO. 3 94445 AND 3 94-045S)

Dear Ms. Stols:

g This is in refstence to en apparent violation of NRC requirements portaining to 10 CFR 50.7, " Employee Protection,' prohibiting discrimination against employees who engage in protected activities. The apparent violation involves discrimination by you against two contract Burns Security Services (BSS) supervisors at the Braldwood Station because they raised security concerns to NRC security inspectors during an inspection of Braldwood in June 1994, NRC holds Commonwealth Edison Company (Comed) and its employees responsible for ensuring full compliance with NRC requirements including contractors working at its facilities. The NRC Office of Investigations (01) conducted investigations of this matter. -

In reports dated August 30,1996 and March 14,1997,01 concluded that Comed, BSS and you discriminated against two security supervisors when their employment was terminated for engaging in protected activities. A copy of the Synopsis and Details of investigation for each of those reports are enclosed.

Region lli and the NRC's Office of Enforcement have reviewed the 01 findings and have determined that the actions taken by you to threaten permanent revocation of site access of the two BSS supervisors and their subsequent resignations in August 1994 may constitute a violation of 10 CFR 50.7. Therefore, this apparent violation is being considered for escalated enforcement action in accordance with the

{ Q The NRC is not issuing a Notice of Viola!!on at this time. You will be notified by separate correspondence of the results of our deliberations on this matter.

No written response regarding the apparent violation is required at this time.

A transcribed predecisional enforcement conference with you, and any representative you wish, to discuss the apparent violation has been scheduled for May 28,1997 at 1:00 p.m.

In the Region 111 Office,801 Warrenville Road, Lisle, IL. This conference will be closed to the public. You are requested to attend this predecisional enforcement conference to

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9709160208 9705t4 POR ADOCK 05000456 o

PDR o

Rita Stols 2

Hay 14. 1997 present any infortnation that you feells relevant to this case. You shc;id be prepared to discuss your involvement in the termination of site access and subsequently the employment of the two security supervisors in August 1994.

The decision to hold a predecisional enforcement conference does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken.

This conference is being held to obtain information to enable the NRC to make an enforcement decision. Consequently, you should be prepared to discuss your understanding of the facts, root causes, and significance of the issues and the need for corrective action.

In addition to this enforcement conference, the NRC will conduct a separate, public, predecisional, and transcribed enforcement conference with Comed Management at 10:00 a.m. on May 29,1997.

In accordance with 10 CFR 2.790 of the NRC's

  • Rules of Practice," a copy of this letter, with your home address removed, and Enclosure 1 will be placed in the NRC Public Document Room. However, the NRC will delay placing a copy of this letter and Enclosure 1 in the NRC Pubtle Document Room (PDR) until an enforcement decision has been made.

At that time, in accardance with 10 CFR 2.790 of the NRC's

  • Rules of Practice," a copy of this letter, with your home address removed, and Enclosure 1 will be placed in the PDR.

Sincerely, Jiis.

f jg i Bil Beach ogional Administrator Docket Nos. 50 456:50 457 Licenses No. NPF 72; NPF 77

Enclosures:

NRC 01 Report No. 3 94-045 and 3 94-045S See Attached Distribution l

2

Rita Stols 3-May 14, 1997 cc whiome address removed:

H. G. Stanley, Comed

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lear Operations Division D. A.

ger, Vice President, Go non Support H.W.K r, CNef Nucle Operating ficer T. Tulon, Stat Ma ger T. Simpken, Reg ory Assurance Supervisor

1. Johnson, A eng N ar Regulat ervices M ger Docume Control Desk -

ensing Richer ubbard Nat n ScNoss, Economist, fice of the Attorney General tate Usison Officer

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In accordance with letter dated July 22, 1997, copies of this letter distributed to the f ollowing only.

cc[HOMEADDRESSDELETEDUNDER10CFR2.790):

H. Stanley, Site VP, Braidwood Nuclear Power Station J. Guiterrez, counseler, Morgan, Lewis & Bokius

,