ML20217E744

Discusses Investigation Completed by NRC OI on 970625,which Consisted of Review of Tva/Oig Rept OIG-53 Investigating DOL Discrimination Case at Sequoyah.Nrc Concerned That TVA Managers Statements Could Have Chilling Effect on Employees

ML20217E744
Person / Time
Site:	Sequoyah
Issue date:	09/08/1997
From:	Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Kingsley O TENNESSEE VALLEY AUTHORITY
References
EA-97-396, NUDOCS 9710070170
Download: ML20217E744 (6)

Text

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4 September 8, 1997 EA 97 396 Tennessee Valley Authority ATTN: Mr. Oliver D. Kingsley, Jr.

President, TVA Nuclear and Chief Nuclear Officer 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402 2801

SUBJECT:

SAFETY CONSCIC'JS WORK ENVIRONMENT AT SEQUOYAH (NRC 0FFICE OF INVESTIGATIONS REPORT N0. 2 97 001)

Dear iir,

Kingsley:

'This letter refers to the investigation com)leted by the Nuclear Regulatory Commission (NRC) Office of Investigations (01) on June 25, 1997. The 01 investigation consisted of a revtaw of a Tennessee Valley Authority Office of Inspector General (TVA/0IG) Report 0IG 53 (File No.20160) documenting an investigation of a Department of Labor discrimination case at your Seguoyah site. The investigation by OI concluded that, during an April 26, 1995, meeting to discuss the individual's complaints, a TVA manager made statements which created a chilling effect on at least two of four persons present at the l

i meeting. A copy of the synopsis to the OI investigation report is enclosed.

l The NRC is concerned that the statements made by the TVA manager could have a chilling effect on other licensee or contractor personnel in that it might deter them from identifying to management or the NRC any nuclear safety concerns they may have. The NRC places significant importance on licensees maintaining a viable safety conscious work environment where both licensee and contractor personnel believe they are free to raise concerns. Any potential chilling effect on employees is cause for concern for the integrity of your safety conscious work environment. Therefore, you are required to provide this office, within 30 days of the date of this letter, a res)onse in writing and under oath or affirmation that describes the actions you lave already taken or plan to take to assure that this matter does nat have a chilling effect on the willingness of other amployees to raise safety and compliance concerns within your organization, as discussed in NRC Form 3, to the NRC.

In addition, the TVA/0IG report states in Footnote 1 that the manager involved ir.

this case is under investigation for othcr inappropriate comments.

If this i

investigation involves issues of alleged discrimination or other actions that

/

could create a chilling effect on licensee or contractor personnel, your response should describe these issues and your corrective actions.

The NRC appreciates TVA's need to make legitimate ncn discriminatory employment decisions.

Persons who have engaged in protected activities are not immune from legitimate disciplinary action. However, in light of the TVA/0IG findings, the NRC expects that TVA will take steps to ensure that TVA managers are sensitive to their responsibility to promote a safety conscious work environment where all employees feel free to raise safety concerns.

9710070170 970908 B"

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TVA 2

Your response should not, to the extent possible, include any personal privacy,ic and placed in the NRC Public Document Room. proprietary, or safeguards informat the publ If information is necessary to provide an acce) table response, personal privacy then please provide a bracketed copy of your response tlat identifies the personal privacy related information and a redacted copy of your response that deletes the perse1al privacy related information.

Identify the particular portions of the response in question which, if disclosed, would 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, considering the public interest in the matter, the invasion of privacy is unwarranted.

If you request withholding on any other grounds, you must 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.,

a provide the information required by 10 CFR 2.790(b) to support a request for withholdii.g confidential commercial or financial information).

After reviewing your response, the NRC will determine whether further action is necessary at this time to ensure compliance with regulatory requirements.

l l

Sincerely, l

Original signed by l

Luis A.

Reyes l

I t

Luis A. Reyes Regional Administrator

Enclosure:

Synopsis to 0I Report No. 2 97 001 cc w/ encl:

0. J. Zeringue, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402 2801 Jack A. Bailey, Vice President Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402 2801 cc w/enci cont'd: (See page 3)

TVA 3

cc w/ encl cont'd:-

MasoudBajestani Pedro Salas, Manager Site Vice President Licensing and Industry Affairs Sequoyah Nuclear Plant Sequoyah Nuclear Plant Tennessee Valley Authority P. O. Box 2000-P. O. Box 2000 Soddy Daisy. TN 37379 Soddy Daisy TN 37379' J.-T. Herron, Plant Manager General Counsel Sequoyah Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority ET 10H P. 0. Box 2000 400 West Summit Hill Drive Soddy Daisy TN 37379 Knoxville, TN 37902 Director Raul R. Baron, General Manager Division of Radiological Health Nuclear Assurance 3rd Floor, L and C Annex Tennessee Valley Authority 401 Church Street t

4J Blue Ridge Nashville, TN 37243 1532 1101 Market Street Chattanooga, TN 37402 2801 County Executive Hamilton County Courthouse Mark'J. Burzynski, Manager Chattanooga, TN 37402 Nuclear Licensine Tennessee Valley' Authority Assistant District Director 4J Blue Ridge U.S.-Department of Labor 1101 Market Street Employment Standards Administration Chattanooga, TN 37402 2801 Wage and Hour Division John Duncan Federal Building 710 Locust Street. Room 101 Knoxville, TN 37902

TVA 4

DJstribution w/ encl:

R..Zimmerman, NRR J. Goldberg, OGC I

A. Hodgdon -OGC B. Keeling, GPA/CA-R. Hartin, NRR J. Lieberman. OE OE:EA File (B, Summers OE) (2 Letterhead)

H. Stein, OE J. Johnson, RII-H. Lesser, RII

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S. Sparks, RII R. Hernan, NRR F. Hebdon, NRR B. Uryc, RII C. Evans, RII L. Watson, RII H. Whitener. RII C. Smith, RII E. Testa, RII D. Thompson, RII J. Moorman, RII PUBLIC

.NRC Residert Inspector, Watts Bar U. S. Nuclear Regulatory Commission 7260 Nuclear Plant Road Spring City TN-37381 NRC Resident Inspector, Sequoyah Nuclear Plant U. S. Nuclear Regulatory Commission 2600 Igou Ferry Road Soddy Daisy, TN 37379 6

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Distribution w/ encl:

R. Zimmerman, NRR J. Goldberg, OGC A. Hodgdon, OGC l

B. Keeling, GPA/CA R. Martin, NRR J. Lieberman, OE OE:EA File (B. Summers, OE) (2 Letterhead)

M. Stein, OE J. Johnson, RII M. Lesser, RII S. Sparks, RII R. Hernan, NRR F. Hebdon, NRR B. Uryc, RII C.-Evans, RII L. Watson, RII H. Whitener, RII C. Smith, RII E. Testa, RII D. Thompson, RII J. Moorman, RII PUBLIC NRC Resident Inspector, Watts Bar U. S. Nuclear Regulatory Commission

.1260 Nuclear Plant Road Spring City, TN 37381 NRC Resident Inspector, Sequoyah Nuclear Plant U.: S. Nuclear Regulatory Commission 2600 Igou Ferry Road

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4 SYNOPSIS l

This investigation was initiated by the U.S. Nuclear Regulatory Commission (NRC),

_ Office of Investigations, Region 11, on January 9,1997, after being informed by the Tennessee Valley Authority, Office of the Inspector General (OlG), that during the course of an investigation of alleged discriminatory acts against a former erivironmental engineer at the Sequoyah Nuclear Plant for reporting safety concerns, it was determined through interviews and documentary. evidence, that a chemistry manager made remarks which created a " chilling effect" for at least two of those present at a n

meeting convened to discuss the alleger's status. Specifically, the manager said words I-to the effect that the engineer had burned his bridges, went to the OlG and NRC, and he did not want him back, The investigation did not substantiate the allegetion of discrimination, as it was a fitness

- for duty problem outside the control of the manager who made the burning bridges remark. The investigation did substaatiate that the manager made the burning bridges remark, thereby creating a "chiiiing effect" on at least two of the four persons present at the meeting.

4 NOT IOR PUCLIC ClCOLOCURE '/"TllOUT APPROVAL CI I!ELO OIIlCE O!GCCTOR, OIIlCE OI !NVECTiGATIONC, REGION 11 (Approval granted 08/20/9'/)

Case No. 2-97-001 1_

Enclosure

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