ML20247N281

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Ack Receipt of Allegation Concerning Activities at Plant. Details of Allegation Provided for Review & Followup. Portions of Allegation Re Security Background Screening Forwarded to Util on 880707.W/o Stated Encls
ML20247N281
Person / Time
Site: Zion  File:ZionSolutions icon.png
Issue date: 05/31/1989
From: Greenman E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Reed C
COMMONWEALTH EDISON CO.
References
NUDOCS 8906050303
Download: ML20247N281 (2)


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MAY 3 1 1989 Docket No. 50-295 Docket No. 50-304 Commonwealth Edison Company ATTN: Mr. Cordell Reed Senior Vice President Post Office Box 767 Chicago, IL 60690 Gentlemen:

The U.S. Nuclear Regulatory Commission recently received an allegation concerningactivitiesatZionNuclearPowerStation(RIII-88-A-0060).

Details of this allegation are provided for your review and followup.

On July 7,1988, in our letter from Norelius to Reed, portions of this allegation relating to Security Background Screening were forwarded to you.

Your investigations into these matters were forwarded to us in your letters of August 25 and November 29, 1988.

In the Norelius to Reed letter of March 25, 1989, we found your investigations to be sufficient to support your conclusions related to the Security Background Screening issues and we had no further questions nor was any additional response required. On October 7, 1988, the alleger contacted the Senior Resident Inspector at the Zion Station.

The alleger stated that the Hunter Corporation had denied employment to his wife at Zion. The Senior Resident Inspector informed the alleger that employment discrimination issues were investigated by the U.S. Department of Labor and the Senior Resident Inspector provided the mailing address of the Labor Department's Chicago area office to the alleger. On October 30, 1988, the alleger subsequently filed the complaint with the Labor Department.

On November 8, 1988, Daniel P. New, Area Director, U.S. Department of Labor Wage and Division received the alleger's complaint and advised that the alleger's letter would be evaluated by a Compliance Officer to determine if a violation exists. Enclosed for your staff's information are copies of the U.S. Department of Labor's letters acknowledging the complaint (Enclosure 1).

Enclosed ~or your staff's information are copies of the U.S. Department of Labor's letter indicating the employment discrimination allegation was not substantiated and the alleger's request to the Labor Department for an appeal hearing (Enclosure 2).

The U.S. Department of Labor indicated the employment discrimination allegation was not substantiated because "there was never an employment relationship (with) Hunter Corporation."

(Note:

This is a somewhat complex employment discrimination allegation since the husband made the allegations I

about employees of the Hunter Corporation.

While the husband never alleged l

discrimination against himself, his wife had applied for employment with l

Hunter Corporation at Zion.

Hunter Corporation declined to employ the wife.

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Commonwealth Edison Company 2 gay 31 1989 Hunter Corporation's decision not to hire the wife became the basis of the employment discrimination allegation. However, the alleger's wife did receive an employment offer from another contractor at the Zion Station, and she accepted the position with the second firm.)

The alleger and his wife appealed the decision of the Labor Department's Wage and Hour Division to the Labor Department.'s Administrative Law Judge. An appeal' hearing was scheduled and subsequently cancelled (Enclosure 3) when the alleger and his wife filed a request to dismiss the complaint (Enclosure 4).

It was concluded, based on the information from the Labor Department that the alleger's wife was'not an employee for the purposes of 10 CFR 50.7.

However, the circumstances might be considered to be a form of industrial retaliation which was beyond the scope of the regulation. Consequently the information is being brought to the attention of the Commonwealth Edison Company to assure a " chilling effect" has not taken place. A response to the letter will not be required since a violation of 10 CFR 50.7 has not occurred.

Your cooperation with us is appreciated. We will gladly discuss any questions you may have concerning this information.

Sincerely, Original signed by E. G. Greenman l

Edward G. Greenman, Director Division of Reactor Projects

Enclosure:

Employment Discrimination Allegation Details cc w/o enclosure:

T. J. Maiman, Vice Preside.1t, PWR Operations T. Kovach, Nuclear Licensing Manager T. Joyce, Station Manager Chandu Patel, Project Manager, NRR DCD/DCB (RIDS)

Licensing Fee Management Branch Resident Inspector, RIII Richard Hubbard l

J. W. McCaffrey, Chief, Public Utilities Division Mayor, City of Zion RIII RIII T' II R

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