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Confirmatory Order EA-09-009, -203 was issConfirmatory Order EA-09-009, -203 was issued to TVA on December 22, 2009 and requires the following: By no later than ninety (90) calendar days after the issuance of this Confirmatory Order, TVA shall implement a process to review proposed licensee adverse employment actions at TVAs nuclear plant sites before actions are taken to determine whether the proposed action comports with employee protection regulations, and whether the proposed actions couldnegatively impact the SCWE. Such a process should consider actions to mitigate a potential chilling effect if the employment action, despite its legitimacy, could be perceived as retaliatory by the workforce...... The inspectors reviewed TVA procedure NPG-SPP-01.7.4, Adverse Employment Action and the Executive Review Board, Revision 0001, dated December 17, 2017. This procedure does not, in some instances, require TVA to review proposed licensee adverse actions before actions are taken to determine whether the proposed action could negatively impact the SCWE. TVA is required per this procedure to conduct an ERB and review the proposed adverse actions for those actions listed under the ERB Adverse Actions (TVA Employees Only) category. TVA is not required per this procedure to conduct an ERB or perform a SCWE impact review for those proposed adverse actions listed under the Non-ERB Adverse Actions category. In addition, three of the adverse actions listed in the Non-ERB Adverse Actions category (Demotion, Transfer to a Less Desirable Job, and Denial of Access) were previously included in TVAs adverse action process, but excluded from the required ERB review in the latest revision and are therefore no longer required to be reviewed using their current procedure. Planned Closure Action(s): Further inspection is needed in order to determine if the licensee is in compliance with Confirmatory Orders EA-09-009, -203 and EA-17-022. Specifically, inspectors need to review samples of adverse employment actions taken and the licensees review of those actions to determine if the licensee is adequately implementing their reviews in accordance with their procedures and the confirmatory order.eir procedures and the confirmatory order.  
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Potential Failure to Implement Reviews of Adverse Employment Actions in Accordance with Confirmatory Order, EA-09-009 and EA-09-203  +