ML20248C042

Responds to Util in Response to NRC Re Potential Violation of 10CFR50.7.Review of Record Indicates That Violation May Have Occurred.No Further Action Warranted as Case Settled Prior to Investigation

ML20248C042
Person / Time
Site:	Peach Bottom
Issue date:	07/28/1989
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Danni Smith PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
NUDOCS 8908090422
Download: ML20248C042 (4)

Text

28 JlUL 1989 l

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Docket Nos. 50-277 '

50-278 Philadelphia Electric Company ATTN: Mr. D. M. Smith Vice President Correspondence Control Desk P. O. Box 7520 i Philadelphia, Pennsylvania 19101 Gentlemen:

l This is in response to your letter of June 2,1989 responding to the NRC letter dated May 5, 1989 concerning a potential violation of 10 CFR 50.7 involving a discrimination complaint from Ms. B. E. Howard, against her former employer, Burns International Security Services. The complaint was filed with the Department of Labor and later settled before a decision was reached by the DOL.

The complaint alleges that she was dismissed by Burns in retaliation for her identification of safety problems related to its security service at Peach Bottom. Burns position is that Ms. Howard had made false statements concerning the possible inattentiveness of a security force member while on post. In your letter you described the actions taken in this matter. These actions included  !

a prompt inquiry into the facts, a decision by you that the evidence was not sufficient to conclude that Ms. Howard had made false statements, the return of her security access code to a favorable one, and the hiring of Ms. Howard by PT1, the company which replaced Burns after the latter's contract was terminated.

A review of the record indicates that a violation of 10 CFR 50.7 may have occurred. However, we note that (1) a record on this case was not developed by the DOL because it was settled prior to the investigation, (2) you'were informed of the discharge by Burns and then promptly performed an investigation  ;

prier to Ms. Howard's complaint being filed with DOL, (3) you reached the I conclus Ln that there was rot sufficient evidence that she intentionally made false stat. ments and, thereafter (4) Ms. Howard was hired by the contractor 1 which replaced Burns and she is currently employed at the Peach Bottom site.

We note also ' hat the case occurred in March 1988 and that the discrimination, if any occurred. w,; committed by a contractor who is nc longer on site.

Therefore, after consideration of the circumstances of this case, including your actions, we have concluded that further regulatory action to determine whether Burns caused a violation of 10 CFR 50.7 is not warranted. However, we emphasize that discrimination against employees by licensees or their contractors is unacceptable, and where proven, may result in escalated enforcement action.

OFFICIAL RECORD COPY MEMO TO PECO/HOWARD - 0001.0.0 8908090422 890728 06/28/89 PDR ADOCh 05000277 i\

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Philadelphia Electric Company 2 ll8 JUL 1989 In your June 2 letter, you requested that Enclosures I and 2 of that letter be treated by the NRC as confidential information and be witheid from public disclosure in accordance with 10 CFR 2.790. At this time, only the June 2 letter and the remaining enclosures will be placed in the Public Document Room.

No response to this letter is necessary.

Sincerely, Origira1 Signed By EILLILX T. RUSSELL William T. Russell Regional Administrator cc:

Burns International Security Services Mr. C. A. McNeill, Executive Vice President-Nuclear John S. Kemper, Sr., Senior Vice Presidett-Nuclear J. W. Gallagher, Vice President, Nuclear Services E. C. Kistner, Chairman, Nuclear Review Board Dickinson M. Smith, Vice President, Peach Bottom Atomic Power Station Jack Urban, General Manager, Fuels Department, Delmarva Power & Light Co.

Jonn F. Franz, Plant Manager, Peach Bottom Atomic Power Station Troy B. Conner, Jr. , Esquire W. H. Hirst, Director, Joint Generation Projects Department, Atlantic Electric Bryan W. Gorman, Manager, External Affairs Eugene J. Bradley, Esquire, Assistant General Counsel (Without Report)

Raymond L. Hovis, Esquire Thomas Magette, Power Plant Siting, Nuclear Evaluations G. A. Hunger, Director, Licensing Section Doris Poulsen, Secretary of Herford County Council Public Document Room (FDR)

Local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC) j NRC Resident Inspector  ;

Commonwealth of Pennsylvania l

0FFICIAL RECDRD COPY MEM0 TO PEC0/HDWARD - 0001.1.0 j 06/28/89

_____-_______A

1 Philadelphia Electric Company 3 bec:

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o encl)

Section Chief, DRP PA0 (23) SALP and (2) Inspection Reports R. Martin, NRR j M. Johnson, ED0 i J. Dyer, EDO I i

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RI:DRP RI:DRP RI:DRP RI:RC RI:E0 RI:DRA

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• Kenny /rbl

• Linville *Kane "Gutierrez

• Holody Martin Russell 6/ /89 6/ /89 6/ /89 6/ /89 6/ /89 6/ /89 f/ 3/89

• See previous concurrences '

OFFICIAL RECORD COPY MEMO TO PEC0/HOWARD - 0002.0.0 07/25/89 j

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Philadelphia Electric Company 2 No response to this letter is necessary.

William T. Russell Regional Administrator cc:

Burns International Security Services Mr. C. A. McNeill, Executive Vice President-Nuclear John S. Kemper, Sr., Senior Vice President-Nuclear J. W. Gallagher, Vice President, Nuclear Services E. C. Kistner, Chairman, Nuclear Review Board Dickinson M. Smith, Vice Pre.sident, Peach Bottom Atomic Power Station Jack Urban, General Manager, Fuels Department, Delmarva Power & Light Co.

John F. Franz, Plant Manager, Peach Bottom Atomic Power Station Troy B. Conner, Jr. , Esquire W. H. Hirst, Director, Joint Generation Projects Department, Atlantic Electric Bryan W. Gorman, Manager, External Affairs Eugene J. Brad ~.ey, Esquire, Assistant General Counsel (Without Report)

Raymond L. Hovis, Esquire Thomas Magette, Power Plant Siting, Nuclear Evaluations G. A. Hunger, Director, Licensing Section Doris Poulsen, Secretary of Harford County Council Public Document Room (PDR)

Local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC)

NRC Resident Inspector Commonwealth of Pennsylvania bcc:

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o enc 1)

Section Chief, DRP PA0 (23) SALP and (2) Inspection Reports R. Martin, NRR M. Johnson, EDO J. Dyer, EDO g M g/J,/n i 4 / gC+ \

R1:DRP R :DP,? 9 :RC 87 4,.RI:E0 pp/ RI:DRA RI:DRA Kenny /rbl Linville ye G rrez cc Holody j Martin Russell )

6/8/89 6, 89 /6 /89 / / 3/ /8b6/ /89 6/ /89 p l c&

0FFICIAL RECORD COPY l" brV MEMO TO PEC0/HOWARD - 0001.1.0 6/30/89

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