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| issue date = 08/28/2008 | | issue date = 08/28/2008 | ||
| title = Memorandum of Closure, Case 4-2008-048F | | title = Memorandum of Closure, Case 4-2008-048F | ||
| author name = Holland C | | author name = Holland C | ||
| author affiliation = NRC/OI/RGN-IV/FO | | author affiliation = NRC/OI/RGN-IV/FO | ||
| addressee name = Collins | | addressee name = Collins E | ||
| addressee affiliation = NRC/RGN-IV/ORA | | addressee affiliation = NRC/RGN-IV/ORA | ||
| docket = 05000397 | | docket = 05000397 | ||
| Line 16: | Line 16: | ||
=Text= | =Text= | ||
{{#Wiki_filter:01 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS FIELD OFFICE, REGION IV 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON, TEXAS 76011-4005 August 28, 2008 MEMORANDUM TO: Elmo E. Collins, Regional Administrator Region IV FROM: Crystal D. Holland, | {{#Wiki_filter:01 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS FIELD OFFICE, REGION IV 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON, TEXAS 76011-4005 August 28, 2008 MEMORANDUM TO: Elmo E. Collins, Regional Administrator Region IV FROM: Crystal D. Holland, Director*'*K" Office of Investigations Field Office, Region IV | ||
==SUBJECT:== | ==SUBJECT:== | ||
COLUMBIA GENERATING STATION: ASSIST TO STAFF -INTERVIEW ALLEGER TO OBTAIN CLARIFYING INFORMATION REGARDING DISCRIMINATION BY A LICENSEE FOR REPORTING HEALTH AND SAFETY CONCERNS (CASE NO. 4-2008-048F/RIV-2008-A-0069/RII-2008-A-0086) | COLUMBIA GENERATING STATION: ASSIST TO STAFF - | ||
On | INTERVIEW ALLEGER TO OBTAIN CLARIFYING INFORMATION REGARDING DISCRIMINATION BY A LICENSEE FOR REPORTING HEALTH AND SAFETY CONCERNS (CASE NO. 4-2008-048F/RIV-2008-A-0069/RII-2008-A-0086) | ||
.. through his le al counsel (b)(7)(c) | On JuneIV 2,(RIV), | ||
Government Accountability Project, Washinotom Dai A | 2008,Arlin the Nuclear Regulatory Commission's (NRC) | ||
A review of the DOL complaint disclosed that claimed his protected activities began when he reported numerous heal h ncems to the Department of Energy (DOE) while he was employed as a )C for Fluor Hanford, Incorporated (FHI), Richland, Washington FHI i a con ractor or the DOE at the Spent Nuclear Fuels Project Hanford site.Specifically(t)(7)(C)' | Region ttn, Texas, convened to review and discuAllegation Review complaint of Board (ARB), | ||
reported that he was terminated by FHI in 2003 for raising nuclear concerns, a protected activity under the Energy Reorganization Act, and subsequent to his termination from FHI, he has not been able to secure employment in the nuclear industry.(b)(7)(C)In the DOL complain stated that he had applied for at least 21 job postings at CGS during the period of 2004 through 2008 but was not employed because he had disclosed a"wrongful discharoe for raising health and safety concerns" on his job applications to CGS.I b)(7)(C)Details of= Jsubmission of job applications to CGS. are outlined in paragraphs 41-63 in his DOL complaint (Exhibit 1, pp. 7-10).NOT FOR PUBLIC DISCLOS E WE TOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE INVESTIGATIONS, REGION IV OFFICIAL U NLY -01 IN TIGATION INFORMATIONj/ | discrimination filed by_)(7)(C) .. through his le al counsel (b)(7)(c) Government Accountability Project, Washinotom Dai A of (7 notv la-n, , filed with the Department of Labor (DOLb)(7)(C) w rwarded NRC:RIV by letter dated April 25, 2008 (Exhibit 1). In the complaint filed with DOL,leged that he had been subjected to employment discrimination by Energy Northwest's Columbia Generating Station (CGS) because of his reputation as a "whistleblower" and for engaging in protected | ||
E. Colllins 2 Opn May 29, 2008, the Office of General Counsel advised I(b)(5)n (b)(5)Subsequentl | -! c. activities. | ||
!th- ARB requested that the Office of Investigations (01), RIV, conduct an interview | A review of the DOL complaint disclosed that claimed his protected activities began when he reported numerous heal h ncems to the Department of Energy (DOE) while he was employed as a )C for Fluor Hanford, Incorporated (FHI), Richland, Washington FHI i a con ractor or the DOE at the Spent Nuclear Fuels Project Hanford site. | ||
)(7)(C) to obtain clarifying information regarding his nuclear safety concerns and allegation o employment discrimination by CQS for disclosing that he had been terminated from FHI for reporting health and safety concerns. | Specifically(t)(7)(C)' reported that he was terminated by FHI in 2003 for raising nuclear concerns, a protected activity under the Energy Reorganization Act, and subsequent to his termination from FHI, he has not been able to secure employment in the nuclear industry. | ||
The ooint of contact for the CGS Employee'7 Conderns Program (ECP) i (b)(7)(c) | (b)(7)(C) | ||
I It was also requested that OI:RIV obtain copies of documents related tol (b)(7)(c) applications for jobs at CGS and ijranfifx management personnel who may have knowledge about his concerns or interacted with(during his job application process at CGS.On June 5, 2008, Robert Rze Field Office Director, 01, Region II (RII), notified OI:RIV that the ARB:RII had reviewed b)( DOL complaint | In the DOL complain stated that he had applied for at least 21 job postings at CGS during the period of 2004 through 2008 but was not employed because he had disclosed a "wrongful discharoe for raising health and safety concerns" on his job applications to CGS. | ||
[Allegation No. RII-2008-A-0086] | I b)(7)(C) | ||
and identified similar concerns raised by(b)(7)(C) regarding his nonselection for jobs at Areva NP, Incorporated (ANP), L nchbur', Virginia. | Details of= Jsubmission of job applications to CGS. are outlined in paragraphs 41-63 in his DOL complaint (Exhibit 1, pp. 7-10). | ||
ANP produces nuclear fuel pellets for use by Energy Northwest. | NOT FOR PUBLIC DISCLOS E WE TOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE INVESTIGATIONS, REGION IV OFFICIAL U NLY -01 IN TIGATION INFORMATIONj/ | ||
Details o (b)(7)(c) submission of job applications to ANP are outlined in his DOL complaint in paragraphs 64 through 69 (Exhibit 1, pp. 10-11). The ARB:RII requested that the RII concerns be consolidated with the RIV's Assist to Staff [RIV-2008-A-0069] | |||
for efficiency and the results of(b)(7)(c) nterview shared with the ARB:RII. A copy of the RII ARB Summary was forwarded to OI:RIV for inclusion in the case file.(b)(7)(C)O Auaust 15, 2008, OI:RIV intervie n Pasco, Washington. | E. Colllins 2 Opn May 29, 2008, the Office of General Counsel advised I(b)(5)n (b)(5) | ||
A transcript of interview wite? )was obtained (Exhibit 2). Cprovided details pertaining to his disclosure to CGS regarding his termination by FHI for disclosing nuclear safety concerns (Exhibit 2, pp. 13- 67).l(b)(7)(C) | Subsequentl !th- ARB requested that the Office of Investigations (01), RIV, conduct an interview )(7)(C) to obtain clarifying information regarding his nuclear safety concerns and allegation o employment discrimination by CQS for disclosing that he had been terminated from FHI for reporting health and safety concerns. The ooint of contact for the CGS Employee | ||
]provided amplifying tion pertaining to his disclosures to ANP (Exhibit 2, pp. 68-110). During his interviewb | '7 Conderns Program (ECP) i (b)(7)(c) I It was also requested that OI:RIV obtain copies of documents related tol (b)(7)(c) applications for jobs at CGS and ijranfifx management personnel who may have knowledge about his concerns or interacted with( | ||
IExhibit 6).) provided a current copy of his resume (Exhibit 3).OI:RIV obtained identifying and contact information of pertinent CGS management nersonneI, | during his job application process at CGS. | ||
NOT FOR PUBLIC DISCLOS E T APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC INVESTIGATIONS, REGION IV OFFICIAL USE NLY -01 IN STIGATION INFORMATION | On June 5, 2008, Robert Rze Field Office Director, 01, Region II (RII), notified OI:RIV that the ARB:RII had reviewed b)( DOL complaint [Allegation No. RII-2008-A-0086] and identified similar concerns raised by(b)(7)(C) regarding his nonselection for jobs at Areva NP, Incorporated (ANP), L nchbur', Virginia. ANP produces nuclear fuel pellets for use by Energy Northwest. Details o (b)(7)(c) submission of job applications to ANP are outlined in his DOL complaint in paragraphs 64 through 69 (Exhibit 1, pp. 10-11). The ARB:RII requested that the RII concerns be consolidated with the RIV's Assist to Staff [RIV-2008-A-0069] for efficiency and the results of(b)(7)(c) nterview shared with the ARB:RII. A copy of the RII ARB Summary was forwarded to OI:RIV for inclusion in the case file. | ||
ý114 41QRýTIOJ | (b)(7)(C) | ||
O Auaust 15, 2008, OI:RIV intervie n Pasco, Washington. A transcript of interview wite? )was obtained (Exhibit 2). Cprovided details pertaining to his disclosure to CGS regarding his termination by FHI for disclosing nuclear safety concerns (Exhibit 2, pp. 13- 67). | |||
l(b)(7)(C) ]provided amplifying tion pertaining to his disclosures to ANP (Exhibit 2, pp. 68-7 110). During his interviewb )( ) referred to tb*e-np-ffic disclosure made to CGS on a job application, a copy of which was obtained fron!jj7) IExhibit 6 ).) provided a current copy of his resume (Exhibit 3). | |||
OI:RIV obtained 7b) (7-)(C) identifying and contact information of pertinent CGS management nersonneI, r(b)(7)(C) | |||
(Exhibit 4)7I provided a complete package of documentation related tC) C applications for jobs at CGS, to include CGS's response to the DOL, dated May 27, 2008 (Exhibit 5). | |||
No further action was required by OI:RIV; therefore this assist to NRC staff is hereby closed. | |||
Should RIV staff determine evidence of employment discrimination agains( by CGS, OI:RIV will consider initiating an investigation. | |||
NOT FOR PUBLIC DISCLOS E T APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC INVESTIGATIONS, REGION IV OFFICIAL USE NLY -01 IN STIGATION INFORMATION | |||
ý114 41QRýTIOJ E. Colllins 3 | |||
==Enclosures:== | ==Enclosures:== | ||
Exhibits 1-5 cc w/enclosure: | Exhibits 1-5 cc w/enclosure: | ||
C. Carpenter, OE cc w/o enclosure: | C. Carpenter, OE cc w/o enclosure: | ||
C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR)L. Reyes, ORA, Region If R. Rzepka, Ol:RII NOT FOR PUBLIC DISCLOSURE ITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF I TIGATIONS, REGION IV OFFICIAL USE 0 -01 INV STIGATION INFORMATION E.OFF I Co- | C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR) | ||
L. Reyes, ORA, Region If R. Rzepka, Ol:RII NOT FOR PUBLIC DISCLOSURE ITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF I TIGATIONS, REGION IV OFFICIAL USE 0 - 01 INV STIGATION INFORMATION | |||
E.OFF I Co-LTlns0 E. Colllins 3 | |||
==Enclosures:== | ==Enclosures:== | ||
Exhibits 1-5 cc w/enclosure: | Exhibits 1-5 cc w/enclosure: | ||
C. Carpenter, OE cc w/o enclosure: | C. Carpenter, OE cc w/o enclosure: | ||
C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR)L. Reyes, ORA, Region 11 R. Rzepka, OI:RII Distribution: | C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR) | ||
s/f (4-2008-048F) c/f N. Harris, OI:HQ DOCUMENT: | L. Reyes, ORA, Region 11 R. Rzepka, OI:RII Distribution: | ||
S:\OI\FY2008CASES\Closed Cases NAME JMcArthur ,Yi CHollandAh DATE 08/2?a200" 08/27 12008 NOT FOR PUBLIC DISCLO URE W!HIOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC OF VESTIGATIONS, REGION IV OFFICIAL USE ON -I INVESTIGATION INFORMATION}} | s/f (4-2008-048F) c/f N. Harris, OI:HQ DOCUMENT: S:\OI\FY2008CASES\Closed Cases NAME JMcArthur ,Yi CHollandAh DATE 08/2?a200" 08/27 12008 NOT FOR PUBLIC DISCLO URE W!HIOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC OF VESTIGATIONS, REGION IV OFFICIAL USE ON - I INVESTIGATION INFORMATION}} | ||
Latest revision as of 13:31, 13 November 2019
| ML102740525 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 08/28/2008 |
| From: | Holland C NRC/OI/RGN-IV/FO |
| To: | Collins E Region 4 Administrator |
| References | |
| 4-2008-048F, FOIA/PA-2010-0245, RII-2008-A-0086, RIV-2008-A-0069 | |
| Download: ML102740525 (4) | |
Text
01 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS FIELD OFFICE, REGION IV 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON, TEXAS 76011-4005 August 28, 2008 MEMORANDUM TO: Elmo E. Collins, Regional Administrator Region IV FROM: Crystal D. Holland, Director*'*K" Office of Investigations Field Office, Region IV
SUBJECT:
COLUMBIA GENERATING STATION: ASSIST TO STAFF -
INTERVIEW ALLEGER TO OBTAIN CLARIFYING INFORMATION REGARDING DISCRIMINATION BY A LICENSEE FOR REPORTING HEALTH AND SAFETY CONCERNS (CASE NO. 4-2008-048F/RIV-2008-A-0069/RII-2008-A-0086)
On JuneIV 2,(RIV),
2008,Arlin the Nuclear Regulatory Commission's (NRC)
Region ttn, Texas, convened to review and discuAllegation Review complaint of Board (ARB),
discrimination filed by_)(7)(C) .. through his le al counsel (b)(7)(c) Government Accountability Project, Washinotom Dai A of (7 notv la-n, , filed with the Department of Labor (DOLb)(7)(C) w rwarded NRC:RIV by letter dated April 25, 2008 (Exhibit 1). In the complaint filed with DOL,leged that he had been subjected to employment discrimination by Energy Northwest's Columbia Generating Station (CGS) because of his reputation as a "whistleblower" and for engaging in protected
-! c. activities.
A review of the DOL complaint disclosed that claimed his protected activities began when he reported numerous heal h ncems to the Department of Energy (DOE) while he was employed as a )C for Fluor Hanford, Incorporated (FHI), Richland, Washington FHI i a con ractor or the DOE at the Spent Nuclear Fuels Project Hanford site.
Specifically(t)(7)(C)' reported that he was terminated by FHI in 2003 for raising nuclear concerns, a protected activity under the Energy Reorganization Act, and subsequent to his termination from FHI, he has not been able to secure employment in the nuclear industry.
(b)(7)(C)
In the DOL complain stated that he had applied for at least 21 job postings at CGS during the period of 2004 through 2008 but was not employed because he had disclosed a "wrongful discharoe for raising health and safety concerns" on his job applications to CGS.
I b)(7)(C)
Details of= Jsubmission of job applications to CGS. are outlined in paragraphs 41-63 in his DOL complaint (Exhibit 1, pp. 7-10).
NOT FOR PUBLIC DISCLOS E WE TOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE INVESTIGATIONS, REGION IV OFFICIAL U NLY -01 IN TIGATION INFORMATIONj/
E. Colllins 2 Opn May 29, 2008, the Office of General Counsel advised I(b)(5)n (b)(5)
Subsequentl !th- ARB requested that the Office of Investigations (01), RIV, conduct an interview )(7)(C) to obtain clarifying information regarding his nuclear safety concerns and allegation o employment discrimination by CQS for disclosing that he had been terminated from FHI for reporting health and safety concerns. The ooint of contact for the CGS Employee
'7 Conderns Program (ECP) i (b)(7)(c) I It was also requested that OI:RIV obtain copies of documents related tol (b)(7)(c) applications for jobs at CGS and ijranfifx management personnel who may have knowledge about his concerns or interacted with(
during his job application process at CGS.
On June 5, 2008, Robert Rze Field Office Director, 01, Region II (RII), notified OI:RIV that the ARB:RII had reviewed b)( DOL complaint [Allegation No. RII-2008-A-0086] and identified similar concerns raised by(b)(7)(C) regarding his nonselection for jobs at Areva NP, Incorporated (ANP), L nchbur', Virginia. ANP produces nuclear fuel pellets for use by Energy Northwest. Details o (b)(7)(c) submission of job applications to ANP are outlined in his DOL complaint in paragraphs 64 through 69 (Exhibit 1, pp. 10-11). The ARB:RII requested that the RII concerns be consolidated with the RIV's Assist to Staff [RIV-2008-A-0069] for efficiency and the results of(b)(7)(c) nterview shared with the ARB:RII. A copy of the RII ARB Summary was forwarded to OI:RIV for inclusion in the case file.
(b)(7)(C)
O Auaust 15, 2008, OI:RIV intervie n Pasco, Washington. A transcript of interview wite? )was obtained (Exhibit 2). Cprovided details pertaining to his disclosure to CGS regarding his termination by FHI for disclosing nuclear safety concerns (Exhibit 2, pp. 13- 67).
l(b)(7)(C) ]provided amplifying tion pertaining to his disclosures to ANP (Exhibit 2, pp. 68-7 110). During his interviewb )( ) referred to tb*e-np-ffic disclosure made to CGS on a job application, a copy of which was obtained fron!jj7) IExhibit 6 ).) provided a current copy of his resume (Exhibit 3).
OI:RIV obtained 7b) (7-)(C) identifying and contact information of pertinent CGS management nersonneI, r(b)(7)(C)
(Exhibit 4)7I provided a complete package of documentation related tC) C applications for jobs at CGS, to include CGS's response to the DOL, dated May 27, 2008 (Exhibit 5).
No further action was required by OI:RIV; therefore this assist to NRC staff is hereby closed.
Should RIV staff determine evidence of employment discrimination agains( by CGS, OI:RIV will consider initiating an investigation.
NOT FOR PUBLIC DISCLOS E T APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC INVESTIGATIONS, REGION IV OFFICIAL USE NLY -01 IN STIGATION INFORMATION
ý114 41QRýTIOJ E. Colllins 3
Enclosures:
Exhibits 1-5 cc w/enclosure:
C. Carpenter, OE cc w/o enclosure:
C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR)
L. Reyes, ORA, Region If R. Rzepka, Ol:RII NOT FOR PUBLIC DISCLOSURE ITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF I TIGATIONS, REGION IV OFFICIAL USE 0 - 01 INV STIGATION INFORMATION
E.OFF I Co-LTlns0 E. Colllins 3
Enclosures:
Exhibits 1-5 cc w/enclosure:
C. Carpenter, OE cc w/o enclosure:
C. Marco, OGC E. Leeds, NRR (Attn: G. Cwalina, OAC, NRR)
L. Reyes, ORA, Region 11 R. Rzepka, OI:RII Distribution:
s/f (4-2008-048F) c/f N. Harris, OI:HQ DOCUMENT: S:\OI\FY2008CASES\Closed Cases NAME JMcArthur ,Yi CHollandAh DATE 08/2?a200" 08/27 12008 NOT FOR PUBLIC DISCLO URE W!HIOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFIC OF VESTIGATIONS, REGION IV OFFICIAL USE ON - I INVESTIGATION INFORMATION