PNO-II-93-054, on 931001,media Reported That Whistleblower Won One Million Dollars in Damages as Result of Civil Action Initiated by Whistleblower Against Three Westinghouse Engineers Who Allegedly Conspired to Fire Whistleblower
| ML20057E716 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/06/1993 |
| From: | Uryc B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| References | |
| PNO-II-93-054, PNO-II-93-54, NUDOCS 9310130079 | |
| Download: ML20057E716 (2) | |
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e-October 6,
1993 5
PRELIMINARY N'TIFICATION OF EVENT OR UNUSUAL OCCURRENCE FNO-II-93-054 O
This preliminary notification constitutes EARLY notice of events of POSSIBLE safety or public interest significance. The information in as initially l roccived without verification or evaluation, and is basically all that is known by the Region II staff on this date.
Facility Licensee Emergency Classification l
! Gsorgia Power Co.
Notification of Unusual Event
, Vogtle 1 2 Alert
! Waynssboro, Georgia Site Area Emergency Dockets: 50-424,50-425 General Emergency l
X Not Applicable l
Subject:
MEDIA INTEREST IN CIVIL COURT ACTION REGARDING "WHISTLEBLOWER" l
CASE l On October 1, 1993, local radio stations and press reported that a l whistleblower won one million dollars in damages as a result of a civil action initiated by the whistleblower against three Westinghouse cngineers who allegedly conspired to fire the whistleblower.
The press reported that a nuclear engineer fired by Westinghouse Electric Corporation after he reported safety problems related to the Vogtle i
l Electric Generating Plant (VEGP) in 1986, was awarded a $1 million judgnment by a Pennsylvania Common Pleas jury at the end of an eight-day i
civil trial.
The Common Pleas jury ruled that the Westinghouse engineers made up a story to get the engineer fired and then tried to keep him from
. gstting another job in the nuclear industry.
According to press reports, l
the engineer, alleged that Westinghouse fired him in 1986 after he tried to report a malfunction within a system that monitors reactor water levels at VEGP.
The jury found that the three Westinghouse engineers who had worked with the engineer for Westinghouse at VEGP had conspired to fire him and ordered the three engineers to pay the engineer $650,000 for loss of wages and emotional suffering and $350,000 in punitive damages.
Tho judge hearing the case had earlier dropped Westinghouse and another engineer as defendants in the trial.
The press reported that the attorney for Westinghouse and the engineers would appeal.
R:gion II reviewed available NRC files regarding a Department of Labor (DOL) complaint filed by the engineer.
That review indicated that the cngineer filed a written complaint dated August 4, 1986, with DOL alleging that he was terminated because he had raised concerns with Ws tinghouse management about the Reactor Vessel Level Instrument System (RVLIS) being installed at VEGP by Westinghouse.
On September 2,
- 1986, ths DOL District Director issued the initial determination in the case finding that the engineer was a protected employee engaging in protected cctivity and that discrimination was a factor in the actions taken cgainst him by Westinghouse.
On September 4, 1986, Westinghouse filed an appeal.
The Administrative Law Judge (ALJ) who reviewed the case on appsal issued his Recommended Decision and Order on November 2,
- 1987, dicmissing the complaint on the basis that the engineer was not engaged in protected activity.
On October 30, 1991, the Secretary of Labor iscucd a Final Decision and Order dismissing the complaint.
The engineer had reported his concerns to the VEGP Employee Concerns 9310130079 931006 n
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4 Program ir. 1986.
Region II also performed an inspection at that time to i
cddress the technical concerns.
No technical concerns were identified.
Regicn II was not aware of the civil action being pursued in the l
Pannsylvania courts and is continuing to review this m&tter in conjunction with the Office of Enforcement.
The State of Georgia has been informed.
i i
NRC has been responding to media. interest.
This information is current as of B:00 a.m.,
October 7.
The licensee (Georgia Power' Company) does not intend to issue a-press 7
rolcase.
I
Contact:
B. URYC (404)331-4192 i
l 4
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