ML20236P846

Memorandum & Order (Approving Settlement Agreement & Terminating Proceeding).* Proceeding Terminated,Per Approval of Encl 871105 Agreement Between NRC & Gpu,Settling Enforcement Action EA-84-137.Served on 871116

ML20236P846
Person / Time
Site:	Three Mile Island
Issue date:	11/12/1987
From:	Smith I Atomic Safety and Licensing Board Panel
To:	GENERAL PUBLIC UTILITIES CORP., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#487-4857 86-534-01-OL, 86-534-1-OL, ALJ-87-6, CIV-PEN, EA-84-137, NUDOCS 8711190029
Download: ML20236P846 (4)

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USNRC l ALJ-87-6 UNITED STATES OF AMERICA 87 NOV 13 P4:05 NUCLEAR REGULATORY COMMISSION OFFICE Of 3Eu?ETAHV DOCKETING A SEHviCL ADMINISTRATIVE LAW JUDGE BRANCH Ivan W. Smith SERVED NOV 161987 In the Matter of

) Docket No. 50-320 General Public Utilities Nuclear ) License No. DPR-73 J Corporation ) EA 84-137

) [ASLBPNo. 86-534-01-OL]

(Three Mile Island, Unit No. 2) (Civil Penalty) s November 12, 1987 MEMORANDUM AND ORDER (Approving Settlement Agreement and Terminating Proceeding)

The NRC Staff and GPU Nuclear have submitted for approval a settlement agreement pursuant to the provisions of 10 C.F.R. 9 2.203.

The settlement is patently in the public interest. The parties have acted responsibly in agreeing to settle this matter as set out in the agreement.

ORDER: The settlement agreement is approved and is attached hereto as part of this Order. This proceeding is terminated.

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Iva~n W. Smit 1 ADMINISTRATIVE LAW JUDGE Bethesda, Maryland November 12, 1987 ATTACHMENT: Settlement Agreement, 11/5/87 8711190029 871112 PDR y

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION <

BEFORE THE ADMINISTRATIVE LAW JUDGE in the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil Penalty)

) License No. DPR-73 (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 CPU 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 to C.F.R. 6 50.7 and imposed a

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

nated against early in 1983 because he raised safety concerns. The NRC staff and GPUN hereby agree as follows:

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

obligation 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 harassment 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 instance.

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2. .CPUN and its contractor, Bechtel North American Power

- Corporation , continue .to . . deny ~t hat: harassment or. retaliation against

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Mr. Parks' occurred, whlie the ' staff continues to' assert its belief that the Enforcement Action was' appropriate as brought. This settlement does not '

resolve' the existence

• of discrimination or'-. the extent, if any, of management involvement in the alleged violations'.' Nevertheless, both 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 viciation asserted in its: August 12,.1985- Notice of Violation and in its March 4, l 1986 Order imposing Civil Monetary Penalty (EA 84-137) from level il to Level Ill. Under the NRC's General Statement of Policy and Procedure for Enforcement Actions (10 C.F.R. Part 2, App. C), a Level il violation normally is appropriate when the violation alleged involves action against

- an employee in violation of to C.F.R. 9 50.7 by plant management above first level supervision, while a Level til violation normally is appropriate when ' the alleged violation involves action against an employee in ,

violation of 10 C.F.R. 6 50.7 hv first line supervision.

4 GPUN will pay a civil monetary penalty of $40,000, which is the appropriate civil penalty for a Severity Level til violation if one occurred at the time of the events alleged (1983). GPUN will make this payment 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 i

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or its officers, employees or contractors , including Bechtel North American Power Corporation. l GPUN and the NRC Staff also agree to use the joint press

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release attached as Exhibit A hereto to announce this setthement.

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

i 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 ' NUCLEAR REGULATORY COMMISSION STAFF h

GeYge E. MohnsoK a- r- Pr Counsel for NRC Staff FOR GPU NUCLEAR CORPORATION

\Rica 0 J.fifatrick Hickpy, P.C.  ;

S_feW, t PITTMAN, POTTS TROWBRIDGE j Counsel for GPUN j l

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