ML20248L604
| ML20248L604 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 02/10/1998 |
| From: | Travers W NRC (Affiliation Not Assigned) |
| To: | Kenyon B NORTHEAST NUCLEAR ENERGY CO. |
| Shared Package | |
| ML20248L598 | List: |
| References | |
| EA-98-055, EA-98-55, NUDOCS 9803230263 | |
| Download: ML20248L604 (2) | |
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UNITED STATES g
NUCLEAR REGUL.ATORY COMMISSION "g
wasmaoron, o.c. asses.ean February 10, 1998 EA 98-055 Mr. Bruce D. Kenyon, President and Chief Executive Officer - Nuclear Group Northeast Utilities Service Company P.O. Box 128 l
Waterford, CT 06385
SUBJECT:
POTENTIAL DISCRIMINATION
Dear Mr. Kenyon:
On January 29,1998, the U.S. Nuclear Regulatory Commission (NRC) became aware of a memorandum developed by your Nuclear Oversight managers dated January 11,1998, that stated, " inability to ' isolate' cynics from group culture." The language was not consistent with encouraging a questioning attitude necessary for fostering a safety-conscious work environment (SCWE). Further, the language used in the memorandum involved a potential violation of the employee protection provisions set forth in 10 CFR 50.7(f) as it may be perceived as establishing a condition of employment that would discourage employees from being engaged in protected activity. This could have a chilling effect on licensee or contractor personnel, in that these statements might deter them from identifying any nuclear safety-related concems. We recognize that you have initiated an independent investigation into this matter to understand what occurred.
Accordingly, pursuant to Sections 161c,161o,182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50. 54(f) in order for the Commission to determine whether regulatory enforcement actions are appropriate, you.
are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes:
1.
Your position regarding whether the actions described above violated 10 CFR 50.7 and the basis for your position, including a copy of any investigation that supports your position as well as any other investigations that addresses why this memorandum was written, distribution and release of the memorandum, and its impact on your employees, and contractor employees; 2.
Your assessment of how this incident occurred in light of your efforts to improve your SCWE and actions you have already taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concems within your organization and, as discussed in NRC Form 3, to the NRC; and 9803230263 980311 PDR ADOCK 05000245 I
H PDR Ehclosure 1
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l B. D. Kenyon 3.
Your assessment of the need to take rernedial action to prevent a recurrence of this event and if you conclude action is needed, describe such acten and your schedul6 for achieving it.
i We recognize that you may not believe that either unlawful discrimination or inappropriate I
conduct has occurred. Regardless of ycur answer to item 1 above, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
1 Your response should not, to the extent possible, include any personal princy, proprietary, or safeguards information, so that it can be releas6d to the public and placed in the NRC Public Document Room. If personal privacy information is necessaiy to provide an acceptable response, then please provide a bracketed copy of your resparse that identifies the personal privacy-related information and a rsdacted copy of your response that deletes the personal privacy-reisted information, identify the particular portions of the response in question which, if i
disclosed, would create an ' unwarranted invasion of personal privacys identify the individual whose privacy would be invaded in each instance, describe the nature of the privacy invasion, and indicate why, considering the public interest in the matter, the invasion of privacy is unwarranted. If you request withholding on any other grounds, you must specifically identify the portions of your response that you seek to hsve withheld and provide it detail the basis foryour I
claim of withholding (e.g., provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).
After reviewing your response, the NRC will determine whether enforcement action is necessary at this time to ensure compliance with regulatory requirements. In accordance with 10 CFR 2.790 o'the NRC's " Rules of Practica," a copy of this letter and your response will be placed in the NRC Public Document Room.
The responses directed by this letter are not subject to the clearance procedures of ths Office of Management and Budget as required by the Paperwork Redection Act of 1980, Pub. L.
No.96-511.
Sincerely, W
l William D. T
, Director J
Special Projects office Office of Nucle,ar Reactor Regulation 4
Doci et Nos. 50-245, 50-336, and 50-423 License Nos. DPR-21, DPR-65, and NPF 49 i
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l cc: See next page i
7590-01-P U.S. NUCLEAR REGULATORY COMMISSION CCCKET NOS. 50-245, 50-336,50-423 NORTHEAST UTILITIES l
MILLSTONE NUCLEAR POWER STATION. UNITS 1,2, AND 3 RECElPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 i
Notice is nereby giv4n that on Febmary 2,1998, Ms. Deborah Katz, Ms. Rosemary Bassilakis, and Mr. Paul Gu'nter (Petitioners) filed a Petition, pursuant to 10 CFR 2.2%, on behalf of the Citizens Awareness Network and the Nuc! ear information and Resources Service. The Petition requests immediate action to:
1.
Revoke Northepst Uti!ities' (NU's, the licensee's) license to operate Millstone Units 1,2, and 3 as the result of ongoing intimidation and harassment of its workforce by NU managsment.
2.
Revoke NU'is license to operata Millstone Units 1,2, and 3 as the result of persistent licensee defisnce to adherence of NRC regulations and directives to create a
" questioning attitude" for its workers to chailes;ge management on nuclear safety itsues without fear of harassment, intimidation, or reprisals by NU.
3.
Refer the Nu:. lear Oversight Focus 98 List and the reported NU management attempt to destroy the list to the Department of Justice for investigation of a potential coverup.
As a basis for the Petitioners' request to revoke the Millstone licenses, the Petition states that an NU document (Nuclear Oversight's Focus 98 List dated January 11,1998) directs the group to address areas needing improvement by focusing on the "innbility to ' isolate' cynics from the group culture" and " pockets of negativism." The Petition farther states that the list l
demonstrates the sustained and unrelenting policy of NU's senior management to underrnine a safety-consdous workplace at f.lillstone and that derpite 2 years of increased regulatory scrutiny l
lbclosure 2
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j 2-of the managerial mistreatment of its workers and the corporation's mismanagement of its I
employees' safety concems program, a " chilled atmosphere" remains intact and entrenched.
I As a basis for the Petitioners' request for a Department of Justice investigation, the Petition makes the following statement: "Since it has been reported that NU management employees attempted to destroy the list, NRC has a duty to refer this apparent deliberate attempt to evade the otherwise lawful exercise of authority by NRC to the Department of Justice for I
complete investigation. This alleged attempt to cover up wrong doing by NRC's licensee is a l
potential obstruction of justice that should be fully and fairly investigated."
The NRC staff is also concerned about the issues the Petitioners raised in their Petition.
As a result, the staff issued a letter dated February 10,1998, to the licensee requesting more information on this issue. The NRC staff will consider the licensee's response to the staff's J
request for additional information before the Commission allows restart of any Millstone unit. To this extent, the Petitioners' request for immediate actior. is partially granted. The Petitioners' specific requests to immediately revoke the operating licenses and refer the incident to the l
I Depaitment of Justice are denied because immediate action is not required to protect public health and safety while additional information is obtained from the licensee.
l The issues in the Petition are being treated pursuant to 10 CFR 2.206 of the l
Commission's regulations and have been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action with regard to these issues will be taken in a reasonable time.
J l
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.o A copy of the Petition is available for inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the Leaming Resources Center, Three Rivers Community-Technical College, 574 New London Tumpike, Norwich, Connecticut, and at the temporary local public document room located at the Waterford Library, ATTN: Vince Juliano,49 Rope Ferry Road, Waterford, Connecticut.
Dated at Rockville, Maryland, this 11th day of March 1998.
FOR THE NUCLEAR REGULATORY COMMISSION f
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r Office of Nuclear Reactor Regulation
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ACTION
'EDO Principal Correspondence Control FROM -
DUE: 03/05/98 EDO CONTROL: G980070 DOC DT: 02/02/98 FINAL REPLY:
D2borch Katz Citizrns Awareness Network Paul Cunter Nuclear Information & Resource Service Rosamary Bassilakis Citizens Awareness Network
-TO:
Callan, EDO FOR SIGNATURE OF :
- GRN CRC NO:
Collins, NRR DESC:
ROUTING:
2.206 - PETITION FOR ENFORCEMENT TO REVOKE Callan NORTHEAST UTILITIES' OPERATING LICENSES FOR ITS
, Thadani CONNECTICUT NUCLEAR POWER STATIONS DUE TO CHRONIC Thompson SYSTEMIC MISMANAGEMENT RESULTING IN A POLICY OF Norry
. INTIMIDATION AND HARRASSMENT BY MANAGEMENT Blaha Burns DATE: 02/04/98 Lieberman, OE Miller, RI
- ASSIGNED TO:
CONTACT:
_ Collins BGleaves, NRR SPECIAL INSTRUCTIONS OR REMARKS:
7 NRR ACTION: SP0: Travers NRR RECEIVED: February 5,1998 NRR ROUTING: Collins /Miraglia
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