ML20247M301
| ML20247M301 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Vogtle, 05000000 |
| Issue date: | 07/25/1989 |
| From: | Hairston W ALABAMA POWER CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 8908020044 | |
| Download: ML20247M301 (7) | |
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L HL-651 0223V' July 27, 1989
'U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Hashington, D.C.
20555 PLANT HATCH - UNITS 1, 2 PLANT V0GTLE - UNITS 1, 2 NRC DOCKETS 50-321, 50-366 L
. NRC DOCKETS 50-424, 50-425 OPERATING LICENSES DPR-57, NPF-5 OPERATING LICENSES NPF-68, NPF-81 RESPONSE TO LETTER OF APRIL 27, 1989:
NOTIFICATION OF THE NRC 0F EMPLOYEES' POTENTIAL SAFETY ISSUES.
Gentlemen:
.. This letter is submitted by Georgia Power Company in response to your letter of' April 27, 1989, to Mr. Robert H. Scherer.
Your letter provided notification' that it is not acceptable to the Nuclear Regulatory Commission for licensees to include in settlement agreements for discrimination matters arising under Section 210 of the Energy Reorganization Act, or in any agreement, any restrictions on employees or former employees providing information to any members of the Nuclear Regulatory Commission or its staff.
l He have' reviewed our policies in this regard, as well as our practice 1
in concluding matters under the Energy Reorganization Act.
Georgia Power Company ' has always had a policy and practice of cooperation and full disclosure with the Nuclear Regulatory Commission.
This policy has been made clear to all employees and contractor employees by the use of written policies and' repeated reminders.
He have posted and provided names and - telephone numbers for Nuclear Regulatory Commission contact, and the ability and obligation of employees and former employees to address concerns has never decreased nor diminished merely because of participation in Department of Labor Proceedings.
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U.S. Nuclear Regulatory Commission July 27,.1989 Page Two.
Each settlement of actions that has been brought under the Energy Reorganization Act against Georgia Power Company, or one of its contractors, has been reviewed in light-of your letter of April 27, 1989.
There~ are no provisions in any of these agreements that have the I
purpose or effect. of preventing full and candid disclosure and communication with the Nuclear Regulatory Commission, including-appearance as a witness.
To the contrary, the agreements in the aggregate' evidence Georgia Power Company's policy of ensuring that employees are aware of and exercise their rights to air concerns in appropriate forums and regulatory agencies.
There are five cases that were settled during the course of Energy Reorganization Act proceedings under the auspices of the Department of Labor.
In all of these cases, the United States Nuclear Regulatory Commission representatives have been briefed on all facts and claims and have been provided or had access to all relevant documents, including the written settlement agreements.
I trust that this letter is responsive to your needs.
If there is any further information or documentation that you need in this regard, please do~not hesitate to contact me.
Sincerely,
- w. L IL 1 <
W. G. Hairston, III SJB/eb c: Georoia Power Comoany Mr. C. K. McCoy, Vice President - Vogtle Project Mr. G. Bockhold, General Manager - Nuclear Plant Mr. H. C. Nix, General Manager - Nuclear Plant Mr. J. P. Kane, Manager Engineering and Licensing - Vogtle Mr. J. D. Heidt, Manager Engineering and Licensing - Hatch GO-NORMS U.S. Nuclear Reaulatorv Commission. Washington. D.C.
Mr. L. P. Crocker, Licensing Project Manager - Hatch Mr. J. B. Hopkins, Licensing Project Manager - Vogtle U.S. Nuclear Regulatory Commission. Reaion II Mr. S. D. Ebneter, Regional Administrator Mr. J. E. Menning, Senior Resident Inspector - Hatch Mr. J. F. Rogge, Senior Resident Inspector - Vogtle l
0223V j
ATTACHMENT "A" There are five cases that were settled during the course of Energy Reorganization-Act proceedings under the auspices of the Department of Labor.. These cases are addressed below -in chronological order.
In all ofL these cases - the United States Nuclear Regulatory Commission representatives have been briefed on all facts and claims and have been provided or.~ nad access to all relevant documents, including the written settlement agreements.
1.
Rick Hillia.m_s v. Williams Contracting. Inc. and Georcia Power Company The agreement was executed October 24, 1985.
The agreement has a sentence prohibiting disclosure to non-parties, but prior to the execution of the agreement, counsel for Hilliams Contracting and Georgia Power Company specifically told counsel for Petitioners, Billie Garde and Laurie Fowler, that the confidentiality provisions of this agreement were not intended to prohibit communications to the Nuclear Regulatory Commission.
Sie Affidavit of Charles H.
Whitney attached hereto and incorporated herein.
Additionally, the agreement specifically provided that Mr. Hilliams would continue to participate in the Company's Quality Concerns.. investigation and would be afforded all of the
- rights, privileges and' obligations of en employee who commenced a Quality Concern.
By. written policy, the rights, pri"ileges and obligations of an employee who commenced a Quality. Concern expressly include the ability to provide information to the Nuclear Regulatory Commission.
Out of an abundance of caution, we have written to Mr. Hillaims to advise him that 4
the agreement of October 24, 1985, has never been interpreted by Georgia Power Company to restrict his rights to speak freely to the Nuclear i
Regulatory Commission of members of its staff.
A copy of that letter is 1
attached.
2.
Donald Hadden v. Pullman Kenith/Fortson I
This agreement was entered into on May 15, 1986.
It specifically advised Mr. Hadden of his obligations to immediately report any and all concerns about safety and/or claims of retaliation to the Vogtle Quality Concern Program.
In conjunction with a charge that advised Mr. Hadden how to use his supervisor to raise concerns, it specifically advised "You also have the option of going directly to the Georgia Power Company Quality Concern Program or to the Nuclear Regulatory Commission."
0223V HL-651 A-1
ATTACHMENT "A" (Continued)
L 3.
William Pvbus'v. Hilliams Contracting. Inc.. and Georaia Power Comoar,v-This agreement, executed March - -15, 1986, prohibits disclosure of' facts or allegations pertaining to petitioner's claims, "except as may be required in. response to any investigation conducted by a legitimate governmental ~ agency or in response to a judicial subpoena."
Thus, as a
" governmental agency", the. Nuclear Regulatory Commission is expressly excepted from this agreement's non-disclosure provisions.
Additionally, the agreement specifically provided that Mr. Pybus would continue to participate in the Company's Quality Concerns investigation and would be afforded all of the rights, privileges and obligations of an employee who
- commenced a Quality Concern.
By written policy, the rights, privileges and obligations of an employee who commenced a Quality Concern expressly in'clude the ability to provide information to the Nuclear Regulatory Commission.
4.
Shirlev Ford v. Pullman Power Products This Settlement Agreement and Release was signed on June 29, 1988, and states "The terms of this Agreerient and Release shall under no circumstances be disclosed by Shirley B. Ford or any representative of her at any time or to any other person without the prior written consent of Pullman."
There is no restriction on Ms. Ford's ability or right to communicate with the Nuclear Regulatory Commission regarding the facts of
'any underlying c1 aim.
5.
John M. Fuchko v. Georaia Power Comoany and Gary A. Yunker v.
Georaia Power Comoany Both Fuchko and Yunker entered into a Release and Settlement Agreement dated January 31, 1989.
The agreement contains confidentiality provisions, but explicitly says "The confidentiality provisions of Paragraph 3 are not intended to prevent any party from discussing any or all of the underlying facts of petitioners' claims with the Nuclear l
Regulatory Commission (NRC) or its employees."
Thus, the agreement 1
specifically contemplates and provides for petitioners' contact with the
(
Commission.
j No other written settlement agreements pertaining to the Energy Reorganization Act have been entered into by Georgia Power Company or by its (.ontractors.
Guy B. Morrison was rehired by Pullman Power Products following his Complaint to the Department of Labor, but no written
)
agreement was entered into, and to the best of our knowledge, there were i
no oral restrictions on his ability or obligation to report to the NRC.
Indeed, when he was rehired, he was placed under the same reporting obligation as all other employees at the Vogtle site.
)
i 0223V l
HL-651 A-2
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Georgia Power Company 333 Pi dmont Avenue.
.- Atlante. G:orgia 30308
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T&liphone 404 526 6025
' Malhng Address.
Post Office Box 4545 Atlanta, Georgia 30302 h
Georgia Pov/er
- Charles W. Whitney the Southem Wectro system Executive Department July 26, 1989 Mr. Rick Williams 132 Hickory Drive
' Martinez, Georgia 30907
Dear Mr. Williams:
You executed a Settlement Agreement on October 24, 1985, with Williams. Contracting, Inc. and Georgia Power Company.
While that-Agreement contains certain non-disclosure provisions, the Agreement has never been interpreted by Georgia Power Company to restrict your rights to speak freely to the Nuclear Regulatory Commission or members of its staff.
This letter is simply a clarification of the
. meaning of that. Agreement and is not intended to waive any provisions.
Sincerely yours, I
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Charles W. Whitne
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STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT OF CEARLES W. WHITNEY The undersigned after being duly sworn deposes and says:
l.
My name is Charles W. Whitney, and I am of legal age.
I give this Affidavit of my own free will based upon my own
. personal knowledge for use by my employer in response to inquiry from the Nuclear Regulatory Commission.
2.
I am presently employed as Executive Assistant to the Chief Executive Officer of Georgia Power Company.
3.
In 1985, I was a partner in the Atlanta, Georgia law firm of Troutman, Sanders, Lockerman & Ashmore.
In that capacity, I represented Williams Contracting, Inc. and Georgia Power Company 1
in defense of claims that had been brought by Rick Williams against those two (2) companies, pursuant to Section 5851 of the Energy Reorganization Act.
As counsel for the Respondents in that action, I negotiated the Settlement Agreement that was eventually executed on October 24, 1985.
During negotiation of the Agreement, I discussed with counsel for Petitioners, Billie Garde and Laurio Fowler, whether the sentence prohibiting disclosure to non-parties was intended to prohibit communications i
to.the Nuclear Regulatory Commission by either Mr. Williams or
1 i-l l
his counsel.
It was specifically agreed between'and among counsel for all parties to the litigation that the non-disclosure provisions would not have the intent or the effect of prohibiting disclosures or communications to the Nuclear Regulatory Commission.
Furthermore, the Agreement specifically provided that Mr. Williams would continue to participate in the Company's
)
Quality Concerns Investigation and would be afforded all of the j
rights, privileges and obligations of an employee who commenced a Quality Concern.
As the counsel to Georgia Power Company, I was a
responsible for the drafting and implementation of the Quality Concern Program, and I am personally aware of the fact that the i
rights, privileges and obligations of an employee who commenced a Quality Concern expressly include the ability to provide information to the Nuclear Regulatory Commission.
FURTHER AFFIANT SAYETH NOT.
'M CHARLES W. WHITNEY Sworn to and subscribed before me this /W4 day of Gu l L/
, 1989.
I l
' Notary Public
~
Y1r My Commission Expires Notary Pub! c, DeKnib Ccenty. Geor;;:a My Commission Expires Sept. 30,1989
[ NOTARIAL SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _