ML20246L444

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $20,000.Violation Noted:Ge Employee Discriminated Against for Engaging in Protected Activities in Reporting Safety Problems to Mgt

ML20246L444
Person / Time
Site:	07001113
Issue date:	03/13/1989
From:	Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20246L433	List: ML20246L430 ML20246L444
References
EA-88-302, NUDOCS 8903240180
Download: ML20246L444 (3)

Text

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. NOTICE OF VIOLATION AND i PROPOSED IMPOSITION OF CIVIL PENALTY i l 4 General Electric Company Docket No. 70-1113-Wilmington,. North Carolina License No. SNM-1097 EA 88-302-Based on a Decision and Order issued by an Administrative Law Judge of the Department of Labor (DOL) dated August 1, 1985 (DOL case 85-ERA-002)..the NRC has determined that a violation of its. regulations has occurred. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1984), which was the Enforcement Policy in effect-at-the time of the violation,- the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy. Act of 1954, as amended ("Act"f, 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205. The'particular violation and the associated civil penalty are set forth below:

10 CFR 70.7 prohibits discrimination by a Commission licensee against an employee for engaging in certain protected activities. Discrimination. )

includes discharge and other actions that relate to the compensation,: terms, conditions, and privileges of employment. The activities protected include but are not limited to providing the NRC or the employee's management-information about possible violations of NRC requirements and requests to '

the NRC to take action against an employer for enforcement of NRC l requirements.

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l Contrary to the above, Vera M. English, a General. Electric employee, was- )

' discriminated against for engaging in protected activities in reporting-  ;

safety problems to her management and requesting assistance. from the 'NRC.

Beginning in 1982 and continuing into 1984, Ms. English reported safety .

concerns to GE management and the NRC. On a number of occasions she raised-with her management concerns relating to contamination in the Chemet Lab.

L On March 16, 1984, Ms. English did not clean up contamination and instead. 'i reported it to her supervisor. As a result.of raising the concerns with'  ;

her management and the NRC, Ms. English was removed from her job in the i Chemet Lab and barred from further work in controlled' areas and subsequently terminatea on July 30, 1984. l l This is a Severity Level II violation (Supplement VII). j Civil Penalty - $20,000 Pursuant to.the provisions of 10 CFR.2.201, General Electric Company is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nutlear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include: (1) admission or denial of the violation, (2) the reasons for the violation if admitted, (3) the corrective steps that -

have been taken and the results achieved, (4 the corrective steps which will-be taken to avoid further violations, and (5 the date when full compliance will be achieved. If an adequate reply is not received within the time I specified in this Notice, an order may be issued to show cause why the license l should not be modified, suspended, or revoked or wny such other action as may l

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< l Notice of Violation be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the )

Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.  ;

I Within the same time as provided for the response required above under i 10 CFR 2.201, the licensee may pay the civil penalty by letter addressed to the  !

Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, or money order payable to the Treasurer of the United States in i the amount of the civil penalty proposed above, or may protest imposition of l the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the licensee fail to answer within the time specified, an order imposing the l civil penalty will be issued. Should the licensee elect to file an answer in l accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, '

such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice in whole or in part, (2) demonstrate extenuating circumst :ces, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to i protesting the civil penalty, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, .the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C, should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay the penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless_ compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II.

FOR THE NUCLEAR REGUL ORY COMMISSION Htt L. Thomp .

Deputy Executive rector for Nuclear Materials Safety, Safeguards, l and Operations Support Dated at Rockville, Maryland this fy/h day of March 1989 -

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m General Electric Company DISTRIBUTION:

Licensing Branch, Division of Safeguards-and Transportation, OWFN 4E-4 Chief, Fuel Cycle Safety Branch, lliNS, liMSS .

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.LChar dler, OGC MLErr.st, Rll Enforcement Coordinators R1, Rll, kill, RIV, RV l 'Fingram, PA

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