ML052090260: Difference between revisions
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==Dear Mr. Pearce:== | ==Dear Mr. Pearce:== | ||
The Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation (Case No. 1-2004-009) on February 20, 2004, to determine if an individual was discriminated against as the result of engaging in protected activity at Beaver Valley Power Station. The individual felt that he/she was removed from lead and review positions during the steam generator replacement project and that his/her work hours were reduced as a result of writing a condition report in November 2003. The individual further asserted that the retaliation continued by his/her removal from an engineering qualification list in May 2004. | The Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation (Case No. 1-2004-009) on February 20, 2004, to determine if an individual was discriminated against as the result of engaging in protected activity at Beaver Valley Power Station. The individual felt that he/she was removed from lead and review positions during the steam generator replacement project and that his/her work hours were reduced as a result of writing a condition report in November 2003. The individual further asserted that the retaliation continued by his/her removal from an engineering qualification list in May 2004. | ||
OI identified that efforts were made to obtain this individuals services full time starting in January 2004. However, the individual indicated that he/she would not be available until March or April 2004 and even at that time, would not be available for full time work. As a result, other employees were assigned the work packages that were originally intended to be assigned to the individual. Documentary and testimonial evidence developed during the OI investigation points to the individuals lack of availability as the main reason he/she was removed from the previously assigned work. The individual did not lose a position, only job assignments, and also did not lose any compensation or hours of work. In addition, the evidence supported that both of the individuals responsible for assigning the work were not aware of the individuals protected activity. With respect to being removed from the engineering qualification list in May 2004, OI found that the individual had received the training (in June 2004) that would have allowed him/her to remain on the list. | OI identified that efforts were made to obtain this individuals services full time starting in January 2004. However, the individual indicated that he/she would not be available until March or April 2004 and even at that time, would not be available for full time work. As a result, other employees were assigned the work packages that were originally intended to be assigned to the individual. Documentary and testimonial evidence developed during the OI investigation points to the individuals lack of availability as the main reason he/she was removed from the previously assigned work. The individual did not lose a position, only job assignments, and also did not lose any compensation or hours of work. In addition, the evidence supported that both of the individuals responsible for assigning the work were not aware of the individuals protected activity. With respect to being removed from the engineering qualification list in May 2004, OI found that the individual had received the training (in June 2004) that would have allowed him/her to remain on the list. | ||
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CERTIFIED MAIL RETURN RECEIPT REQUESTED | CERTIFIED MAIL RETURN RECEIPT REQUESTED | ||
Mr. L. William Pearce | Mr. L. William Pearce RI-2004-A-0008 2 | ||
Also, in accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if any, will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). | |||
Should you have any questions regarding this letter, please feel free to contact Mr. R. Bellamy of my staff at (610) 337-5200. | Should you have any questions regarding this letter, please feel free to contact Mr. R. Bellamy of my staff at (610) 337-5200. | ||
Sincerely, | Sincerely, | ||
/RA/ | |||
Brian E. Holian, Director Division of Reactor Projects | Brian E. Holian, Director Division of Reactor Projects | ||
==Enclosure:== | ==Enclosure:== | ||
10 CFR 9.23, Requests for Records | 10 CFR 9.23, Requests for Records | ||
Mr. L. William Pearce | Mr. L. William Pearce RI-2004-A-0008 3 | ||
Distribution: | |||
M. Johnson, OE D. Vito, SAC ADAMS (Docket Nos. 50-334; 50-412) | M. Johnson, OE D. Vito, SAC ADAMS (Docket Nos. 50-334; 50-412) | ||
D. Screnci, PAO Region I Docket Room (w/concurrences) | D. Screnci, PAO Region I Docket Room (w/concurrences) | ||
SISP Review Complete: __RRB__ (Reviewers Initials) | SISP Review Complete: __RRB__ (Reviewers Initials) | ||
DOCUMENT NAME:G:\ALLEG\LICENSEE\20040008lic.wpd To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE | DOCUMENT NAME:G:\\ALLEG\\LICENSEE\\20040008lic.wpd To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE ORA/SAC E DRP/RPB7 N OI:RI/FOD N | ||
ORA/RC DRP/DD NAME DVito/DJV RBellamy/RRB EWilson/EPW KFarrar/KLF BHolian/BEH DATE 07/14/2005 07/18/2005 07/19/2005 07/15/2005 07/21/2005 OFFICIAL RECORD COPY}} | |||
Latest revision as of 16:44, 15 January 2025
| ML052090260 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 07/19/2005 |
| From: | Brian Holian Division Reactor Projects I |
| To: | Pearce L FirstEnergy Nuclear Operating Co |
| Bellamy R Rgn-I/DRP/Br7/610-337-5200 | |
| References | |
| 1-2004-009, RI-2004-A-0008 | |
| Download: ML052090260 (3) | |
Text
July 19, 2005 RI-2004-A-0008 Mr. L. William Pearce Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, Pennsylvania 15077
Subject:
NRC Office of Investigation Report 1-2004-009
Dear Mr. Pearce:
The Region I Field Office of the NRC Office of Investigations (OI) initiated an investigation (Case No. 1-2004-009) on February 20, 2004, to determine if an individual was discriminated against as the result of engaging in protected activity at Beaver Valley Power Station. The individual felt that he/she was removed from lead and review positions during the steam generator replacement project and that his/her work hours were reduced as a result of writing a condition report in November 2003. The individual further asserted that the retaliation continued by his/her removal from an engineering qualification list in May 2004.
OI identified that efforts were made to obtain this individuals services full time starting in January 2004. However, the individual indicated that he/she would not be available until March or April 2004 and even at that time, would not be available for full time work. As a result, other employees were assigned the work packages that were originally intended to be assigned to the individual. Documentary and testimonial evidence developed during the OI investigation points to the individuals lack of availability as the main reason he/she was removed from the previously assigned work. The individual did not lose a position, only job assignments, and also did not lose any compensation or hours of work. In addition, the evidence supported that both of the individuals responsible for assigning the work were not aware of the individuals protected activity. With respect to being removed from the engineering qualification list in May 2004, OI found that the individual had received the training (in June 2004) that would have allowed him/her to remain on the list.
Based on the results of the OI investigation, the NRC was unable to conclude that the individual was discriminated against for engaging in protected activity in this instance.
Please note that final NRC documents, such as the OI report described above, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is attached for your information.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. L. William Pearce RI-2004-A-0008 2
Also, in accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if any, will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Should you have any questions regarding this letter, please feel free to contact Mr. R. Bellamy of my staff at (610) 337-5200.
Sincerely,
/RA/
Brian E. Holian, Director Division of Reactor Projects
Enclosure:
10 CFR 9.23, Requests for Records
Mr. L. William Pearce RI-2004-A-0008 3
Distribution:
M. Johnson, OE D. Vito, SAC ADAMS (Docket Nos. 50-334; 50-412)
D. Screnci, PAO Region I Docket Room (w/concurrences)
SISP Review Complete: __RRB__ (Reviewers Initials)
DOCUMENT NAME:G:\\ALLEG\\LICENSEE\\20040008lic.wpd To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE ORA/SAC E DRP/RPB7 N OI:RI/FOD N
ORA/RC DRP/DD NAME DVito/DJV RBellamy/RRB EWilson/EPW KFarrar/KLF BHolian/BEH DATE 07/14/2005 07/18/2005 07/19/2005 07/15/2005 07/21/2005 OFFICIAL RECORD COPY