ML20247P818

Discusses Notification to NRC of Potential Safety Issues Re Employees.Settlement Agreements W/Restrictive Clauses Described

ML20247P818
Person / Time
Site:	Framatome ANP Richland
Issue date:	04/27/1989
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Stephenson R SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
Shared Package
ML20247P794	List: ML20247P790 ML20247P818
References
NUDOCS 8906060256
Download: ML20247P818 (2)

Text

(_.-

i i >.-g ' #R# *p aog% , UNITED STATES -

8 g NUCLEAR REGULATORY COMMISSION O j WASHINGTON, D. C. 20555

\,,,,/ April 27, 1989 Docket No. 70-1257 Mr. R. B. Stephenson President and Chief Executive Officer

, Advanced Nuclear Fuels Corporation 600 108th Avenue, N.E.

. . , Belleview, Washington 9P009

SUBJECT:

NOTIFICATION OF THE NRC OF EMPLdYEES' POTENTIAL SAFETY ISSUES The purpose of this letter is to reemphasize to licensees their responsibilities to assure that they, and their contractors and subcontractors permit their employees to contact, withcut restrictions, the NRC with concerns about potential safety issues. In particular, this letter notifies licensees that it is not acceptable to include in settlement agreements for discrimination matters arising under Section 210 of the Energy Reorganization Act of 1974, as amended, or in any labor agreements or other agreement affecting compensation terms, conditions and privileges of employment, any restrictions on employees or former employees providing infomation to any members of the NRC including the staff, inspectors, investigators Administrative Law Judges, Boards, or the Commission.

Infomation Notice 84-08 (February 14,1984) reminded licensees that the public health and safety requires that employees be free to raise safety issues to licensee management and to the NRC. Failure to pemit employees to do so violates 10 CFR 30.7,10 CFR 40.7,10 CFR 50.7,10 CFR 70.7 and 10 CFR 72.10 regarding " Employee Protection" and may subject licensees to i significant enforcement action by the NRC.

In addition to NRC action, employees who have been dis--iminated against for raising safety issues have the right to file complaint: with the Department of Labor pursuant to Section 210 of the Energy Reorganization Act of 1974, as amended, for the purpose of remedying the harm caused by the discrimination.

Following the filing of a complaint, the Departscent of Labor perfoms an investigation. If either the employee or the employer is not satisfied with the outcome of the investigation a hearing can be held before an Administrative Law Judge with review by the Secretary of Labor.

In many cases the employee and the employer reach settlement of the issues raised in the DOL proceeding before completion of the formal process and a finding by the Secretary of Labor. NRC sucports settlements as they provide l remedies to employees without the need for litigation. Settlement agreements in Section 210 proceedings are matters within the jurisdiction of the Department of Labor. Licer. sees and their contractors must not include clauses in these settlements which in any way restrict the ability of employees to provide v

W BBM BE@g7 C i

• __________I___ -- "

L , < s. ;

,v. . *,

i

~

Mr. R. B. Stephenson April 27, 1989 information about potential safety issues to NRC. Examples of restrictive clauses include but are not limited to prohibiting or in any way limiting an employee, or an attorney for such employee, from coming to ano providing safety information to an NRC staff member.

Licensees should examine their current and previous agreements to assure that-restrictive clauses are not present. If restrictive clauses are found, licensees should promptly inform the employee or former employee that the restriction should be disregarded, that he or she may freely come to NRC at any time without fear of any form of retribution, and that such a restriction will not be enforced.

Please r.otify us no later than July 31, 1989 if any such restrictive clauses have been identified. Your response should be provided to your licensing contact in headquarters.

This request for information was approved by the Office of Management and Budget under clearance number 3150-0011 which expires December 31,' 1989.

Comments on burden and duplication may be directed to the Office of Management and Budget, Reports Management Room 3208, flew Executive Office Building, Washington, D.C. 20503.

Questions concerning this leur should be directed to the Director of the Office of Enforcement.

Sincerely,

, 9 J M

Victor St o, J .

Executive Director for Operations '

1 i

)

)

i i

L i j