ML20247D889

Discusses Withdrawal of Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000

ML20247D889
Person / Time
Site:	Cook
Issue date:	05/12/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Fitzpatrick E AMERICAN ELECTRIC POWER CO., INC.
References
EA-93-059, EA-93-59, NUDOCS 9805180133
Download: ML20247D889 (3)

Text

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j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30806-0001

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EA 93-059 Mr. E. E. Fitzpatrick Executive Vice President Nuclear Generation Group American Electric Power Company 500 Circle Drive Buchanan, MI 49107-1335

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SUBJECT:

WITHDRAWAL OF NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY - $25,000 (U.S. DEPARTMENT OF LABOR CASE NO. 92-ERA-37) ,

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Dear Mr. Fitzpatrick:

This letter is in response to a letter from the American Electric Power Company's (AEP) Indiana ,

Michigan Power Company, dated February 12,1998, and subsequent correspondence, '

requesting the NRC withdraw a Notice of Violation (NOV) and Proposed Civil Penalty - $25,000 l (Notice) issued to Indiana Michigan Power Company on August 5,1993. AEP's request for

, withdrawing the Notice was based upon a decision by the Court of Appeals for the Sixth Circuit I reversing a holding by the Secretary of Labor that discrimination had occurred in the above referenced case. The NOV was based on a Recommended Decision and Order issued on September 15,1992, by a DOL Administrative Law Judge (ALJ) who found that- American i Nuclear Resources, Inc. (ANR), a contractor at the Donald C. Cook Nuclear Power Plant, had discriminated against Gregory Sprague, a tool accountability technician, for engaging in protected activity.

On December 1,1994, the Secretary of Labor (SOL) issued a Decision and Order adopting the ALJ's Recommended Decision and Order. ANR subsequently appealed the SOL's Decision and Order to the Sixth Circuit of the U.S. Court of Appeals. By Order dated January 29,1998, the U.S. Court of Appeals reversed the Decision and Order by the SOL. On March 12,1998, DOL petitioned for a rehearing, #ch was denied by the court on April 3,1998.

In light of the court's decision, the NRC has withdrawn the Notice of Violation and Proposed Civil l Penalty, and closed this enforcement action without further action. However, we read the court's holding as confined narrowly to the particular circumstances of this case, and emphasize that the NRC will examine each situation on a case-by- case basis in order to determine whether discrimination occurred regardless of whether the alleged protected activity consisted of a single l act or a continuing course of conduct. A single incident of raising a safety concem can constitute protected activity under Section 211 of the Energy Reorganization Act and Employee Protection regulations.

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E.E. Fitzpatrick 2 In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and any response will be placed in the NRC Public Document Room (PDR).

I' Sincerely, I

L Lu James Lieberman, Director Office of Enforcement Docket Nos. 50-315;50-316 License Nos. DPR-58; DPR-74 cc: John Sampson, Site Vice President A. A. Blind, Vice President Nuclear Engineering Douglas Cooper, Plant Manager Richard Whale, Michigan Public Service Commission Michigan Department of Environmental Quality Emergency Management Division, Mi Department l

of State Police Gregory A. Sprague I

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a DISTRIBUTION:

PUBLIC IND SECY CA LCallan, EDO AThadani, DEDE LChandler, OGC JGoldberg, OGC SCollins, NRR BBoger, NRR Enforcement Coordinators RI, Ril and RIV Resident inspector, D. C. Cook JGilliland, OPA HBell, OlG GCaputo, Of TMartin, AEOD OE:ES OE:EA (2)

RAO: Rill S SLO: Rill PAO:Rlli ElCS:Rlll DRS: Rill DRP:Rlli OC/LFDCB Docket File N. s 5/c /98 5/ ( /98 S

/k /98 MStein Region lli J .ieberman b e * * I t s Tc a<:I g:\93-059.mhs g 57