ML20236N918

Settlement Agreement.* Settlement Will Constitute Bar to Any Future NRC Proceeding or Action Involving Same Claims & Allegations Raised in NRC 850812 Notice of Violation

ML20236N918
Person / Time
Site:	Three Mile Island
Issue date:	11/05/1987
From:	Jim Hickey, Johnson G GENERAL PUBLIC UTILITIES CORP., NRC OFFICE OF THE GENERAL COUNSEL (OGC), SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Shared Package
ML20236N890	List: ML20236N888 ML20236N908 ML20236N918
References
CIV-PEN, EA-84-137, NUDOCS 8711170059
Download: ML20236N918 (4)

Text

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' UhlTED ' STATES' OF AMERICA * '

' NUCLEAR REGULATORY. COMMISSION i

BEFORE THE ADMINISTRATIVE LAW JUDGE J l

In.the Matter of ~)

) Docket No. 50-320.

GPU NUCLEAR' CORPORATION' )- (Civil Penalty)- i

& _ ) License ~ No. DPR-73 S'+ .(Three Mile Island Nuclear Station ) EA 84-137 -

' Unit No. 2) )

SETTLEMENT AGREEMENT The staff of the U.S. Nuclear ~ Regulatory Commission: (NRC staff),

and - GP'U ' _ Nuclear Corporation (GPUN)- enter into this agreement-compromising- and settling NRC Enforcement- Action 84-137. Enforcement-Action- 84-137 involves a Notice of Violation (NOV) issued by the NRC staff charging GPUN . with a violation of 10 C.F.R._ f 50.7 - and imposed a

'$64,000 civil penalty as a consequence. The NOV was based on charges-l that Richard D. Parks, a' former'. Bechtel North American Power Corpora-tion employee who was assigned 'to Three'Mlle Island Unit 2, was discrimi- j i

nated against early in 1983 because he raised safety concerns. The NRC  !

staff and GPUN hereby agree as follows:

1. GPUN recognizes and views as of the utmost importance its I

obilgation to . insure that employees may ' freely raise safety concerns without fear of reprisal. The NRC staff acknowledges that GPUN has emphasized established procedures aimed at preventing horassment or intimidation of its employees who raise safety concerns. Further, the Commissioners and the NRC staff have previously found that the allegations .of. this enforcement proceeding involve at most an isolated l

instance.

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.2., CPUNL and , Lits ~ contractor, , Bechtel North A'merican Power: a Corporation ^ continue to deny that harassment r or - lreta11ation against : 'i

~ 'Mr. ' Parks.otcurred, . while the staff- continues 'to, assert. its. belief that the -

Enforcement Action was. appropriate as. brought. This : settlement does 'not ,

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L. resolve the < existence-' of discrimination or the extent, . if . any,: ofc l i s

.' management ; involvement in the alleged violations. ' Nevertheless , both

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sides ' agree that, in 'the present circumstances, ' compromise and settlement .;

. of-the matter are in the interest of both sides and the public. , ']

3. The NRC staff will reduce the severity level of: the violation-

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, asserted in- its August 12, 1985. Notice of Violation and in its March 4, j l l I 1986 Order imposing Civil Monetary Penalty (EA 84-137) from Level' 11 to 1 Level 111. Under the NRC's General Statement of Policy and Procedure .j l"~

for Enforcement Actions (10 C.F.R. Part 2, App C), a Level 11. violation

(! normally >is appropriate when the violation alleged involves action against l 1 an employee in violation of 10 C.F.R. 9 50.7 by L plant management above first level supervision, while a Level ill violation normally is appropriate when the alleged violation involves action against an employee !n .j violation of 10 C.F.R. 9 50.7 hv first line supervision.

'l GPUN will pay a civil monetary penalty of.$40,000, which is the 4.

-1 appropriate civil penalty for a Severity Level 111 violation if one occurred J

at the time of the events alleged (1983). CPUN will make this payment l within thirty days of the approval of this settlement agreement by the Presiding Officer in the above-captioned proceeding.

5. This settlement agreement is not intended and shall not be  !

construed in any manner as an admission of fault or wrongdoing by GPUN )

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- 3L-or its officers, employees ' or contractors, . including ' Bechtel North ~

' American Power Corporation. ,

6. GPUN and the . NRC Staff also agree to use the ' Joint press release attached as Exhibit A hereto to announce .this settlement.

7. GPUN and the NRC Staff will jointly move. the Presiding Officer to, approve , this settlement agreement and terminate the proceeding thirty.

days thereafter.- This settlement will constitute a bar. to any~ future NRC proceeding or action involving the same claims and allegations raised in

--the NRC Staff's August 12, 1985 Notice of Violation.

FOR THE NUCL. EAR REGl>t.ATORY COMMISSION STAFF

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GeYge E. (Johnsoff a-r-PT

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Counsel. for NRC Staff l

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FOR GPU NUCLEAR CORPORATION

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J. . atrick Hickpy, P.C.

S W, PITTMAN, POTTS 'R WreRIDGE l Counsel for GPUN l I

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, EXHlBIT.' A .

> ,1 JOINT PRESS RELEASE ' ]

.NRC STAFF, GPU NUCLEAR CORPORATION .

AGREE TO SETTLEMENT. IN ENFORCEMENT CASE- l 9

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Administrative Law Judge Ivan Smith' today approved a settlement of  !

the proceeding L between GPU Nuclear Corporation (CPUN) andJthe NRC staff involving alleged discrimination of a contract worker at Three . Mile

, Island Unit 2 (TMI-2) :in 1983. The - NRC staff had ; issued' a Notice. of.

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Violation .. and imposed a. $64,000 civil penalty iagainst 'GPUN based ' on ]

charges that Richard Parks, a former Bechtel North American Power L j

' Corporation employee ' who was assigned to . TMI-2, was discriminated . 4 against early in 1983 because he~ raised concerns about the repair of'the l TMi-2 polar crane. GPUN contested the Notice of Violation and, in May 1 1986, was _ granted a hearing. - )

As part of the _ settlement agreement, the NRC staff agreed to reduce the severity level of the . charged ~ violation from Level' il to Level' Ill.

Under' the NRC's General : Statement of Policy 'and Procedure for  ;

Enforcement Actions (Title 10, Code : of. Federal Regulations, Part 2,- '

Appendix. C), a Level ill violation is normally appropriate for action taken

.against a worker by a , first-line supervisor, whereas a Level-'ll violation normally. describes a violation by management above first-line supervision.

This~ settlement does not resolve the existence of discrimination or the '

extent, if any, of . management ' involvement in the alleged violation's.

GPUN and its contractor, Bechtel North ' American Power Corporation '

continue to deny .that harassment or retaliation against . Mr. Parks occurred. The NRC staff continues .to believe that the ' violation in the Notice of Vio!ation was appropriate 'as brought, but has acknowledged its

. previous ' finding ~.that the alleged violations involved at most an . Isolated instance. The staff also acknowledged that GPUN has emphasized -

established procedures aimed at preventing harassment and intimidation of ) t its employees who raise safety concerns. I GPUN in turn agreed to pay a $40,000 civil monetary penalty, which corresponds to a Severity Level lli violation in 1983. The settlement j agreement provides, however, that the agreement is not intended and J shall not be construed as an admission of wrongdoing or fault by GPUN l or Bechtel. GPUN and the NRC staff agreed that in the present i circumstances, compromise and settlement of the matter ere in the. interest ]

of both sides and the public.

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