ML20247R561

Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Rules Do Not Seem to Limit Subcontractor Tier at Which Licensee Responsibilities End

ML20247R561
Person / Time
Site:	Comanche Peak
Issue date:	09/18/1989
From:	William Cahill TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FRN-54FR30049, RULE-PR-150, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-70, RULE-PR-72 54FR30049-00035, 54FR30049-35, AD21-2-40, TXX-89696, NUDOCS 8909290284
Download: ML20247R561 (3)

Text

---

Tbf neb N-k k70,7h/O 5

9- u- n YFRMW .s.-- .- --

Log # TXX-89696 l 6Mio Tdf% SCN " .

~'

Fi1e # 10186 Th.4 W r~ a pofued r A w se,# - - .

~ ~

% uc by ald* kc , Please decket ud e awd wy ' TUELECTRIC

• • k$ yl 34WO Meger, ADh): DFirs . og y 229tf September 18, 1989 W. J. Cahm E Esecuttve Mce Presudent

• U. S. Nuclear Regulatory Commission jj 'b y Regulatory Publications Branch Doc z w Division of Freedom of Information 2 y and Publication Services 01- ${p g5 79gg._F4s -

Office of Administration Washington, D. C. 20555

~~

d E g

U

I M 6 v

SUBJECT:

COMANCHE PEAK STEAM STATION (CPSES)

DOCKETT N05. 50-445 AND 50-446 PROPOSED RULE, PRESERVING THE FREE TLOW 0F INFORMATION TO THE COMMISSION Gentlemen :

The Nuclear Regulatory Commission, has on July 18, 1989 issued for public comment a proposed rule entitled " Preserving the Free Flow of Information to the Commission". The following comments are made regarding the proposed rule.

The proposed rule seeks to ensure the free flow of information to the NRC by excluding any language or conditions, which might be construed as restricting the employee from bringing forth any possible safety violations to the NRC.

The rule targets settlement agreements affecting the employee's compensation, terms of, conditions of, and privileges of employment including those filed under section 210 of the energy reorganization act.

The rule would make the licensee or applicant primarily responsible for j insuring their contractors or subcontractors do not impede the free flow of l information to the NRC. The rule would require licensees to establish procedures in order to inform its contractors and subcontractors of the requirements of the rule, assure it is informed by its contractors and subcontractors of each complaint related to work performed and filed by an employee of the contractors pursuant to section 210, and provide for prior review by the licensee of any settlement agreements negotiated by the contractor or subcontractor and resulting from a section 210 complaint.

The rule does not seem to limit the subcontractor tier at which the licensee's responsibilities end. Conceivably the licensee would be held responsible at ,

all tiers down to the most basic supplier.

89092902B4 890918 PDR PR 30 54FR3OO49 PDR ,

400 Nonh Olwe Street LB 81 Dallas Texas 75201 l

1 l5 , , -

l a

TXX-89696 September 18, 1989 )

Page 2 of 3 1 Paragraph (f)(l') states "... including an agreement to settle a complaint filed by.an emp1nyee with the Department of Labor pursuant to section 210 of the..."

L this implits that the section 210 settlement agreements are a subset of the L agreements to which this rule applies. The rule then is not limited to the 1 section 210 agreements. l i

fhe extensive and far-react' qg oversight responsibility for labor agreements that the licensee is being asked to undertake and the lack of definition of ]

the type of agreement that this rule applies to make the rule impracticable and unworkable.

The supplementary information accompanying the rule states "...following the filing of a complaint, the Department of Labor performs an investigation. If either the employee or the employer are not satisfied with the outcome..." The rule then requires the licensee to review, approve, and report on labor dispute settlement agreements between a contractor and its employees after a section 210 complaint has been filed, investigated and the DOL has made available its findings. More appropriate and efficient would be holding the individual contractors responsible for reporting on the settlement agreements into which they enter with their employees.

In precedent, 10CFR21 imposes reporting requirements on "...Any individual director or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or activity licensed or regulated pursuant to the Atomic Energy Act of 1954." Amending 10CFR21 to encompass services as well as components would place responsibility for labor settlement agreements at the employer-employee level.

The supplementary information accompanying the rule requests comments on a specific question. The supplementary information solicits comments on whether the rule should prohibit all restrictions on providing information to the commission or should limitations on an individual appearing before an adjudicatory board be permissible as long as other avenues for providing information to the Commission are available.

The purpose or objective of the rule is to safeguard the free flow of information to the commission. The rule seeks to uncover those labor dispute settlement agreements brought under section 210 of the Energy reorganization act which are settled out of court and outside of the review of an administrative law judge. Those agreements may affect an employee's

, compensation, terms of, conditions of, and privileges of employment and may imperil the free flow of information to the commission, and thus are a threat to the health and safety of the public. ,

i g 8 I

! TXX-89696 September 18. 1989 Page 3 of 3 In response, to the question then, as long as other avenues of providing information to the commission are available and protected then limited restrictions on providing information to the commission should be permissible.

TU Electric supports full and timely disclosure to the NRC of any safety concerns. TU Electric supports the NUMARC comments to the proposed rule as contained on pages 6-13 of the NUMARC. letter dated September 18, 1989.

Sincerely, William J. Cahill, Jr JDR/jdr c - Mr. R. D. Martin, Region IV.

Resident Inspectors, CPSES (3) e

_.._._._________ _____ _ ____ _ ______ _ _ _