ML20217B634

Discusses NRC OI Rept 1-96-031 & DOL Case 97-ERA-52 on 971001.Contract Security Officer Employed by Wackenhut at Salem/Hope Creek Discrimiated Against for Raising Safety Concerns

ML20217B634
Person / Time
Site:	Salem, Hope Creek
Issue date:	03/20/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Eliason L Public Service Enterprise Group
References
EA-97-420, NUDOCS 9803260126
Download: ML20217B634 (3)

Text

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p ct y  % UNITED STATES j

g NUCLEAR REGULATORY C;OMMISSION

1. WASHINGTON, D.C. 20566-0001

\...../ March 20, 1998 EA 97-420 Mr. Leon R. Eliason Chief Nuclear Officer & President Nuclear Business Unit Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038

SUBJECT:

NRC OFFICE OF INVESTIGATIONS REPORT NO. 1-96-031 AND DEPARTMENT OF LABOR CASE 97-ERA-52 1

Dear Mr. Eliason:

l This letter refers to the NRC investigation conducted by the NRC Office of Investigations (01),

the results of which were sent to you on October 1,1997. 01 investigation No. 1-96-031, ,

a redacted version of which was also sent to you on October 1,1997, found that a contract  !

security officer employed by Wackenhut at Salem / Hope Creek was discriminated against for raising safety concerns. A Department of Labor (DOL) District Director determined on June 3,1997 that discrimination, as defined and prohibited by the Energy Reorganization Act, was a factor in the actions which comprised tha complaint. A Predecisional Enforcement Conference on the issue of discriminationwas conducted with Mr. L. Storz and other members of your staff on December 9,1997, to discuss the violation, its causes, and your corrective actions. On January 22, 1998, a DOL Administrative Law Judge (ALJ) issued a Recommended Decision and Order which upheld the District Director's decision and remedy, and recommends ordering the Respondent to reimburse the Complainant for her litigation costs.

Based on the information developed during the investigation, the information provided during the December 9,1997, conference, and after reviewing the DOL ALJ's recommended decision, the NRC has decided, with respect to the discrimination issue, to not make a final enforcement determination on this matter until the Secretary of Labor's Administrative Review Board (ARB) issues a final decision.

Although the NRC has decided, with respect to the discrimination matter, to await issuance of the DOL ARB final decision in this case, you should ensure that all of your management and supervisors understand the need for, and encourage, staff to bring forth concerns when they  !

exist, and also understand the importance of not taking any retaliatory action against l Individuals for bringing forth safety concerns.

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In accordance with'10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, and

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your response will be placed in the NRC Public Document Room (PDR).

Sincerely, Lr lx_-

mes Lieberman, Director 1

Office of Er.forcement Docket Nos. 50-272; 50-311; 50-354

, License Nos. DPR-70; DPR-75; NPF-57 cc:

L. Storz, Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering j E. Salowitz, Director - Nuclear Business Support

- A. Kirby,111, External Operations - Nuclear, Delmarva Power & Light Co.

C. Bakken, General Manager - Salem Operations 'J M. Bezilla, General Manager - Hope Creek Operations J. McMahon, Director - QA/ Nuclear Training / Emergency Preparedness D. Powell, Manager, Licensing and Regulation R. Kankus, Joint Owner Affairs

. A. Tapert, Program Administrator ,

J. Keenan, Esquire J

, . J. Isabella, Manager, Joint Generation Atlantic Electric Consumer Advocate, Office of Consumer Advocate i W. Conklin, Public Safety Consultant, Lower Alloways Creek Township .

Public Service Commission of Maryland State of New Jersey

- State of Delaware -

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bbrch 20, 1998 DISTRIBUTION:

' PUBLIC SECY CA LCallan, EDO AThadani, DEDE JLieberman, OE

. IIMiller, RI .

FDavis, OGC SCollins, NRR RZimmerman, NRR Enforcement Coordinators RI, RII, RIII, RIV BBeecher, GPA/PA GCaputo,01 DBangart, OSP HBell, OIG TMartin, AEOD OE:Chron OE:EA o DCS NUDOCS DScrenci, PAO-RI NSheehan, PAO-RI Nuclear Safety Information Center (NSIC)

NRC Resident Inspector- Salem NRC Resident Inspector - Hope Creek LTremper, OC f., f. l@)

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MStein Jhdberman

.3/20/98 3/2 o /98 3/1!:0/98 File: g:\oecaseska97420.mhs