ML20217D525

Notation Vote,Disapproving with Comment,On SECY-99-223 Re Millstone Independent Review Team 990312 Rept on Allegations of Discrimination in NRC OI Cases NDA,1-96-002,1-96-007 & 1-97-007 & Associated Lessons Learned,Recommendation 6

ML20217D525
Person / Time
Site:	Millstone
Issue date:	09/23/1999
From:	Diaz N NRC COMMISSION (OCM)
To:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20217D392	List: ML20217D387 ML20217D519 ML20217D525 ML20217D529 ML20217D536
References
SECY-99-223-C, NUDOCS 9910150192
Download: ML20217D525 (2)

Text

' NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER DIAZ

SUBJECT:

. SECY-99-223 - MILLSTONE INDEPENDENT REVIEW TEAM '

MARCH 12,1999, REPORT ON ALLEGATIONS OF DISCRIMINATION IN NRC OFFICE OF INVESTIGATION CASES NDA: 1-96-002,1-96-007, AND 1-97-007, AND ASSOCIATED LESSONS LEARNED- RECOMMENDATION NO. 6 i

W/ Comments Approved .

Disapproved x bstain Not Participating COMMENTS:

See attached comments.

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gotsogg9ygota DATE CORRESPONDENCE PDR l Entered on "AS" Yes No

COMMISSIONER DIAZ' COMMENTS ON SECY-99-223 1 do not find a sufficient basis in the staff's analysis that would warrant Commission action on the issue of licensees' recordkesping regarding downsizing or reorganization. It appears that the staff has been able to conduct sound investigations under the present system. Although the issue is not deeply examined in the staff's presentation, it seems that licensees should already have substantial reason to generate and maintain records relating to a rational and proper basis for individual personnel decisions in the case of large layoffs or reorganizations. While the staff's recommendation (option 4) that the Commission simply encourage licensees to document and retain all records relevant to any large scale reorganization or downsizing effort has some appeal, the actual benefit or value of a generic encouragement, without much specificity or clarity, is not obvious.

I believe that the Commission remains strongly committed to deterririg licensees and regulated parties from discrimination against individuals who raise safety concerns. It devotes substantial resources to assuring effective and efficient investigations of potential discrimination, and will assuredly continue to do so. The staff indicates that the Office of Investigations would consider the need to promptly issue a subpoena to capture the relevant records upon receipt of an allegation of discrimination, and the staff certainly should pursue ali available tools for sanctioning any deliberate destruction of records as part of a scheme to discriminate.

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