ML20129B736

Notifies of Predecisional Enforcement Conference to Be Held W/Mcenany Roofing,Inc & FPC to Discuss Apparent Violation of Employee Discrimination Requirements.Mcenany Roofing,Inc Allegedly Discriminated Against Employee at FPC Plant

ML20129B736
Person / Time
Site:	Crystal River
Issue date:	10/08/1996
From:	Jerrica Johnson NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mcenany M External (Affiliation Not Assigned)
References
EA-96-336, NUDOCS 9610230102
Download: ML20129B736 (5)

Text

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e October 8, 1996

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EA 96 336 Mr. Micheal McEnany President, McEnany Roofing. Inc.

8803 Industrial Drive

-Tampa, Florida 33637

SUBJECT:

APPARENT VIOLATION OF EMPLOYEE DISCRIMINATION REQUIREMENTS (U.S. DEPARTMENT OF LABOR CASE NO. 96 ERA 5)

Dear Mr. McEnany:

1 This is in reference to an apparent violation of NRC recuirements prohibiting discrimination against employees who engage in protectec activities. i.e.,

10 CFR 50.7 and of NRC requirements prohibiting deliberate misconduct, i.e.,

'10 CFR 50.5. The apparent violation involves your company, formerly known as

)

Pritts McEnany Roofing, Inc., discriminating against one of its employees at Florida Power Corporation's (FPC) Crystal River facility. This apparent violation was discussed with you on October 8. 1996.

i l

The apparent violation is based on findings from a U.S. Department of Labor (DOL) 3roceeding 96 ERA 5.

The presiding Administrative Law Judge (ALJ) in the D0_ proceeding found, in a Recommended Decision and Order issued on August 22, 1996, that Ms. Tracy A. James was the subject of employment discrimination in October 1995 when you terminated her for raising concerns about the failure of another employee of Pritts McEnany to adhere to NRC security regulations. A copy of the 00L ALJ's Recommended Decision and Order is enclosed (Enclosure 1). The circumstances surrounding the apparent violation were also investigated by the NRC Office of Investigations (01). OI found that Pritts McEnany Roofing, Inc., willfully discriminated against Ms. James for engaging in protected activities.

A synopsis of 01's findings is enclosed (Enclosure 2).

The NRC staff's review of the DOL findings indicate that the action taken against Ms. James was in apparent violation of 10 CFR 50.5. Deliberate Misconduct, and 10 CFR 50.7. Employee Protection (Enclosure 3).

10 CFR 50.5 i

prohibits, in part, any contractor or any employee of a contractor from engaging in deliberate misconduct that causes the licensee to be in violation of any' rule or regulation of the NRC.

10 CFR 50.7 prohibits a contractor of a licensee from discriminating against any employee for engaging in certain protected. activities. Therefore, this apparent violation is being considered for escalated enforcement action in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy),

NUREG 1600 (Enclosure 4). The NRC is not issuing a Notice of Violation at this time. You will be advised by separate correspondence of the results of our deliberations on this matter. Also, please be aware that the characterization of the apparent violation described in this letter may change as a. result of further NRC review.

A joint predecisional enforcement conference with you and FPC to discuss this I

apparent violation has been scheduled for October 22, 1996 at 8:00 a.m.

The g

,,,h615230102 961008 PDR ADOCK 05000302 G-PDR

M. McEnany 2

conference will be closed to public observation and will be transcribed. You may also recuest a separate predecisional enforcement conference to discuss your indivicual involvement in this matter.

FPC representatives and the other individuals involved in this case will not be allowed to attend your separate conference unless you specifically request their 3resence. Any conference scheduled with you personally will be closed to t1e public and transcribed.

You also have the right to bring a personal representative or legal counsel.

However, if you desire to bring another person, the individual should contact the NRC in advance of the conference.

The decision to hold an enforcement conference does not mean that the NRC has made a final determination on enforcement action in this case.

However, the NRC normally relies on the DOL's findings in determining whether a violation occurred when such findings are based on an adjudicatory proceeding. The predecisional enforcement conference is not a forum to relitigate the DOL adjudicatory decision. Therefore, we do not expect you to discuss in any detail the factual conclusions forming the basis for the 00L decision.

Rather, our 3rimary interest in conducting the conference will be to discuss actions you lave taken or are taking to address the environment for raising concerns within your company as they relate to NRC licensed activities at Crystal River.

In addition, the conference is an opportunity for you to provide your perspectives on the severity level of the apparent violation and the application of the mitigation factors discussed in the Enforcement Policy.

l Your attention is directed to Section V of the Enforcement Policy which I

explains the purpose of predecisional enforcement conferences and Section VIII l

which explains enforcement actions involving individuals. Note that the l

enforcement sanctions that could be assessed against an individual include a l

Letter of Reprimand, a Notico of Violation, and/or an Order prohibiting or restricting involvement in NRC licensed activities.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of this letter will be placed in the NRC Public Document Room (PDR).

l Your response or any questions should be directed to Mr. Kerry Landis, Chief.

Reactor Projects Branch at (404) 331 5509.

Sincerely, Original Signed by Jon R. Johnson Jon R. Johnson, Acting Director Division of Reactor Projects Docket No. 50 302 License No. DPR 72 l

Enclosures:

(See page 3) ccs: (See page 3)

)

M. McEnany 3

Enclosures:

1.

Departtent of Labor Administrative Law Judge's Recommended Decision and Order, dated August 22, 1996 2.

Synopsis of NRC Office of Investigation Report 2 95 027 3.

10 CFR 50.5. Del 1 berate Misconduct and 10 CFR 50.7, Employee Protection 4.

Enforcement Policy cc w/encls:

Mr. Micheal McEnany

[HOME ADDRESS DELETED UNDER 10 CFR 2.790]

cc w/o encls [HOME ADDRESS DELETED]:

Mr. P. M. Beard, Jr. (SA2A)

Sr. VP, Nuclear Operations Florida Power Corporation Crystal River Energy Complex 15760 West Power Line Street Crystal River, Florida 34428 6708 Ms. Tracy James 7915 West Missy Place Dunellen, Florida 34433 l'

l

M. McEnany 4

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PUBLIC EJulian, SECY BKeeling, CA JTaylor, EDO JMilhoan, DEDR FMiraglia, NRR RZimmerman, NRR SEbneter, RII LChandler, 0GC JGoldberg, OGC JLieberman, OE Enforcement Coordinators RI, RIII, RIV EHayden, OPA l

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LWatson, RII KClark, RII RTrojanowski,RII NRC Resident Inspector U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, FL 34428 l

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