ML20248J136
| ML20248J136 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/26/1998 |
| From: | Vito D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Reardon G AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20248J131 | List: |
| References | |
| NUDOCS 9806080411 | |
| Download: ML20248J136 (2) | |
Text
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May 26, 1998 RI-98-A Ot 05 Mr. Gerald Reardon 56 Welles Drive North l
Newingtor, CT 06111
SUBJECT:
Concerns You Raised to the NRC Regarding Millstone
Dear Mr. Reardon:
1 This refers to your conversation with Mr. T. Eastick, the NRC Senior Resident inspector at -
Millstone Unit 1, on May 5,1998,in whi::h you expressed concerns related to Millstone.
Specifically, you indicated that Northeast Utilities' (NU) Employee Concems Program (ECP) is dehoerately withholding significc..;information concerning a potential 10 CFR 50.7 violstion from the NRC You indicated that the ECP had reviewed a concern that you raised and identifier a potential 10 CFR 50.7 violation related to the treatment of personnel in the Nuclear Safety Engineering (NSE) group. In inquiring about the final ECP assessment, yo'.: learned that the issues would not be "tumed over" to the NRC until May
-30,1998. You have asserted that this is a deliberate attempt by ECP to withhold information from the NRC, so that it does not negatively affect restart.
Regarding your ECP concern, we note that an NRC reviewer located at the Millstone site, and Little Harbor Consultants (LHC) both reviewed the related ECP file. Both the NRC reviewer and LHC noted that ECP's conclusion that it could not be specifically determined whether a 10 CFR 50.7 violation occurred, was accurate. We could not substantiate your assertion that ECP was delaying its final assessment of this issue so that it would not negatively affect restart.
For your information, we note that there is no specific requirement for a licensee to report a self identified violation, including a 10 CFR 50.7 violation, to the NRC. While there are certain reporting requirements with which a licensee must comply (e.g.,10 CFR 50.72),
4 and some of these reportable iter.1s may involve *.iolations of NRC requirements, there is.so specific regulation requiring that every self-identified violation be reported to the NRC. The NRC' expects that all regulatory violations will be remedied through established corrective action processes. In this instance, NU has chos'en to keep the NRC and LHC informed of issues with 10 CFR 50.7 implications.
The NRC notes that in resolving technical issues, the NRC is also protecting the identity of allegers and intends to take all reasonable efforts not to disclose your identity to any
. organization, individual outside the NRC, or the public unless you clearly indicate no objection to being identified. However, you should be aware that your identity could be disclosed if clisclosure is necessary to ensure public health and safety, if disclosure is CERTIFIED MAIL RETURN RECElPT REQUESTED 9eo60eo411 990529 PDR ADOCK 05000423 e
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2 RI A-0105 Mr. G. Reardon necessary to inform Congress or State or Federal agencies in furtherance of NRC responsibilities under law or public trust, and disclosure is necessary to support a hearing on an NRC enforcement matter or if you have taken actions that are inconsistent with and override the purpose of protecting an alleger's identity.
We note that the Department of Labor (doi.) has the authority to order backpay, reinstatement or compensatory damages if an adverse personnel action has been taken against an individual for raising safety issues. In order to protect one's rights, one must file a written complaint with DOL within 180 days of the occurrence of the discrimination.
A copy of Title 29 CFR Part 24, DOL's " Procedures for Handling of Discrimination Complaints Under Federal Employee Protection Statutes" is enclosed for your information.
Any such complaint can be filed with DOL Regional Offices for the Occupational Safety and Health Administration (OSHA). A complaint must describe the safety issues raised and the resulting adverse personnel action taken. If you choose to file a complaint,it shouid be filed with:
U.S. Department of Labor Occupational Safety and Health Administration - Region 1 JFK Federal Building Room E-340 Boston, MA 02203 (617)565-9860 if a request is filed under the Freedom of Information Act (FOIA) related to your area of i
concern, the information provided will, to the extent consistent with that act, be purged of names and other potentialidentifiers. Further, you should be aware you are not considered a confidential source unless confidentiality has been formally granted in' writing.
Attached is a brochure entitied " Reporting Safety Concerns to the NRC," which provides a description of the NRC process in these matters.
I Thank you for bringing your concern to the NRC. We fuel that we have been responsive to your concern. Should you have a.iy additional questions, or if the NRC can be of further assistance in this matter, please call me via the NRC Safety Hotline at 1-800-695-7403.
Sincerely, David J.
ito Senior Allegation Coordinator
Enclosures:
As stated i
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