ML062790448

Letter from Stellpflug, Janssen, Hammer Kirschling and Bartels Regarding Meeting to Address the Inability to Work at the Nuclear Power Plant

ML062790448
Person / Time
Site:	Kewaunee, Point Beach
Issue date:	08/05/2002
From:	Janssen R Stellpflug, Janssen, Hammer, Kirschling & Bartels, SC
To:	- No Known Affiliation, Office of Nuclear Reactor Regulation
References
FOIA/PA-2006-0113
Download: ML062790448 (14)

Text

SStellpflug, j anssen,..... .... ..sch.ing* -ilions That Fit." " * -" "" '. ."- ... .. ' .."; ." :; : '. ..i :i ...:/' ,~~ :.;: ..y .,..444 Reid Street, Suite 200 P.O. Box 5637.De Pere, Wisconsin 54115 Ph. 920-336-5766 Fax 920-336-5769 E-mail info@wislawyers.com Website www.wislaw-yers.com f Robert 1. Janssen Michael J. Kirschling*

Evan Y. Lin***Jackson T. Main, Jr..Lora A. Matzke Peggy L. Miller Patricia Janka Sandoz C. David Stellpflug

• Court Commissioner

• Certified Family Trial Specialist

• also licensed in IL* also licensed in MN* also C.P.A..Morris Law Office (1930-1948)

Morris & Vanden Heuvel (1948 -1987)Morris, Vanden Heuvel& Stellpflug (1987-1992)

Gentlemen:

Thank you for meeting with me to address the inability to work at the Nuclear Power Plant. I understand you have been' trying to work through Local 400 with limited success. As I mentioned to you, I believe you should proceed to contact the National Labor Relations Board out of Milwaukee as soon as possible.

I am uncertain as to whether there are any deadlines or timelines that need to be followed.

Thus, you should act immediately on contacting them.My, understanding is that you have been denied access to the facility for unjust reasons. To the extent that your denial of.access may involve your union ties, I would encourage you to address'this with the NLRB. As of the dictation of this letter, I did not hear back from Attorney Robbins. My understanding is that he represents the union. I hope you are ultimately able to gain access to the plant and be able. it continue'to Work there. I will take no further action on this matter unless you retain me. J do w ish you the best of success.if you have any questiofis, please contact me.Very truly yours, STELLPFLUG, JANSSEN, HAMMER, KIRS AtHLIN LS, S.aC.Attrne RoertJ..Janssen RJJ:dml/q.Information in this record was deleted 'ir.wacordance with the Freedom of Informatiotn Act, exemptions Q_(.FOA .oo ../.. , .. .

AFFIDAVIT" STATE OF GEORGIA COUNTY OF GLYNN Personally appeared before the undersigned officer authorized to administer oaths, John P. McQuigg, who states under oath the following:

I.My name is John P. McQuigg. I amn a licensed attorney in the State of Georgia.2.On or about April 17, 2002, 1 took a.statement from .oer the telephone.

3.The statement I took frorniis substantially reproduced in the attached affidavit.

4.The conversation I had vit l asted for approximately twenty minutes.5.The substance of the conversation was tha I10Uiq had admitted he lied to the investigators regardin 4 M Bnd eporting to him tha smelled of alcohol.This /- day of June, 200 o.nP. McQuigg el'Sworn to and subscrid by me this L day of .2002."Notary Public .7 Notary Public, Glynn County. Georgia My Comr1nion Ezxpies Jonuary.20.

2004............

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UNITED ASSOCIATIG of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Martin J. Maddaloni General President Thomas H. Patchell General See=47- Treasurer C. Randal Gardner A.7istant General Preddenr ,unded 1889.etters should e confined to ne subject UA Local Union: 4 0 0

Subject:

Access Denial June 21, 2002 Dear_.ilw On or about 02/1.1/.02 I submitted several names to Phillips Getschow for employment at Point Beach Nuclear Plant.. The following day the on site representative from the Phillips Getschow Co., Mr. Larry Wing, called to inform me .thatr wwould not be given access to the plant.Ithen called Darlene Peters at PBNP security to inquire as to why dU was denied access tq.the plant. Ms. Peters would not give me any information citing privacy concerns.If you have any question regarding this matter, please feel free to contact me at 920-432-3015 x7.Sincerely, Patrick McPhail Business Agent.Pl.,mhPr.v nrli, l 4nd 1417 l odlnr.%tropf p raan Rav W7 5'f11l)* (0201 d;p-1;1 -to2 (Q01) 4'M.

Committed to Nuclear Excellence NMC Access Manager Telephone:

(715) 377-3402 Nuclear Management Company, LLC Fax: (715) 377-3445 700.First Street E-mail: rdcleveland@nncco.Com Hudson, WI 54016 Toll free phone:l-(800) 701-4941 x3402 June 28, 2002 Dear M1 Nuclear Management Company has reviewed information developed during ifiterviews with NMC investigators.

At this time, you have been found ineligible for NMC nuclear access authorization.-

• Information developed during these interviews indicates that you do not meet the criteria necessary for an NMC nuclear access authorization.

NMC grants you the right to request and receive a review of this decision.

Section I of the enclosed Request for Review of Nuclear Access Authorization Denial Based on Background Information form gives the detailsupon which your denial is based. To request a review, please complete and retum this form to the following address within 30 days following receipt of this letter: Access Manager Nuclear Management Company.700 First Street Hudson, W154016 If you have any questions regarding this matter, you may call me at 115-377-3402.

Your cooperation is appreciated.

Sincerely, Randall D. Cleveland Access Manager NMC Security Form 4G-21 Rev 00 Committed to Nuclear E~xcellene REQUEST FOR REVIEW OF NUCLEAR ACCESS AUTHORIZATION DENIAL BASED ON BACKGROUND INFORMATION INSTRUCTIONS FOR REQUEST FOR REVIEW APPLICATION (Read this page before completing application.)

1. The reason for your access authorization denial is given in Section I of this form. If you want to request a review of this decision, you must complete this form.2. Your review will be conducted by an NMC entity independent of NMC Security.3. You should be notified in writing of the disposition of your review within 30 days following receipt by NMC of all information supporting your review request. Pending the disposition of your review request, your access authorization will remain denied 4. This form must be completed in inkor typed. Please print or write legibly. You must complete Sections 11 and III.Section IV is for NMC use only. If you need additional space, please put your name on each extra page used and indicate the section fnumber to which your are responding.

5. If you have questions while tompleting this form, please contact the NMC Access Manager for help at (715) 377-3389.

Incomplete forms cannot be processed and will be returned for corrections.

Improperly completed forms only delay your request for review of access authorization denial.6. Pursuant to the Fair Credit Reporting Act, a copy of the Consumer investigative report (CIR) which Was obtained by Nuclear Management Company in support of your request for a Nuclear Security Clearance is enclosed.

t4 If this box is checked, NMC did not request a CIR.7. After completing the request for review, please make sure thatyou sign the certification provided below and that your signature has been witnessed.

Once completed, the request for review is considered to be CONFIDENTIAL.

CERTIMICATION I certify that the information I have provided in completing this application for review of access authorization denial is true, complete and accurate to the best of my knowledge and beliefs, and is made in good faith. I authorize NMC and its agents to review the information I have provided in this application in reviewing my access authorization denial.SIGNATURE DATE WITNESSNMC Security Form 4G-20 Rev 00 P Pagel ofS

• SECTION-"I:REASN.

... -V. .L.a NMC SECURITY PROCEDURE CITATION NIMC Security Procedure 4G Section 16.4.4.b.2.ii

& 3 (NUMARC 89-01, Section 7.1, item H).I.b PROCEDURE TEXT (paraphrase)

Individuals are denied access where background information is developed adversely reflecting on trustworthiness and reliability.

I.c CASE FACTS a. You provided the following contradictory information to NMC investigators regarding a random drug and alcohol collection you were required to complete at Kewaunee: 1. On January 11, 2002 you stated that you had: i. been escorted to the collection site at Kewaunee by a worker, and ii L asked the collector why she wasn't "testing the messenger," and iii. upon noting that the collector appeared puzzled by this comment, asked the collector whether she smelled the worker escorting you to the collection site. You 'further stated that the collector responded, "yeahhe's a little ripe".2. On March 18, 2002 you stated you were escorted to the collection site from within the Kewaunee plant protected area.3. On March 27, you denied being escorted to the collection site by a wo.rker, stating that you had been escorted only to the security building from the site fabrication shop (located outside the protected area) and that you had asked the worker escorting you, not. the collector, why they (FFD personnel) weren't "testing the messenger".

4. On June 12, 2002, you again denied being escorted by a worker to the collection site and -stated that you had asked the collector why she wasn't "testing the messenger".

b.. You provided the following contradictory information to NMC investigators regaiding the fitness of a worker at Kewaunee: 1. On January 11, 2002, you stated that he "was loaded every morning".2. On March 27, 2002 you stated you didn't know anything about the worker "being drunk".NMC Security Form 4G-20 Rev 00 Page 2 of 5 IN THE SPACE BELOW, PLEASE PROVIDE THE REASON(S)

WHY YOU BELIEVE THE DENIAL OF YOUR NUCLEAR ACCESS AUTHORIZATION (AS STATED IN SECTION I) IS NOT WARRANTED:

NMC Security Form 4G-20 Rev 00 Page 3 ofr5 IF YOU ARE SUBMITTING ADDITIONAL INFORMATION IN SUPPORT OF YOUR REQUEST FOR REVIEW, PLEASE LIST AND IDENTIFY EACH DOCUMENT BELOW: Author Document Title DateýýL NMC Security Form 4G-20 Rev 00 Page 4 of 5

.:-SECTION lV: N.UCLEAR ACCESS ATHORIZA TIONM WDISPO I NMC Senior Site Operations Officer Referral:

0 Yes 0 No NMC Senior Site Operations Officer: RECOMMENDATION (X CHOICE): Uphold action.Reverse action (e.g., denial, suspension).

Basis for reversal is given below.__ Continue review process pending receipt of additional information.

REVERSAL BASIS: Name Signature Date Page 5 of 5 NMC Security Form 4G-20 Rev 00 AFFIDAVIT STATE OF WISC6NSIN COUNTY OF Personally appeared before the undersigned officer authorized to administer oaths jh states under oath the following:

1 1.Imet, in person, witsometime at the end of February or beginning of March, 2002 regarding the denial of security clearances by NMC to numerous people who worked ne 2.nformed me that he spoke to Harold Walker about the allegations that as showing up to work smelling of alcohol.3.old me that during the conve'satior, hqhad -with Harold Walker, Mr.Walker aske f anyone had reported t showed up to work smelling of alcohol., "old me that hetold Harold Walker n6 one had reported any concerns about _ im. (mea na 4.uP*!rther told me that H4arold Walker specifically asked him wheth e~ or oorter smelling of alcohol. Id me he denied that either 'Man reported the smell of alcohol on.5.Nextdmitted to me t had in fact reported

.that the smelled alcohol ol-" "and that they wouldn't work with him.6.further told me thaf he denied to Harold Walker and others that eithe nformed him of the odor of alcohol o This day of June, 2002.Sworn to and subscribed by me this day of_ _ _2002.Notary Public Escort Ratio Just a reminder regarding the escort ratio for visitors.

During NRC Threat Level Advisories, senior management may implement the lowering of escort ratios for protected and'vital areas. The current escort ratio for protected and vital areas at KPB is 1:2. Exemptions to the lower escort ratios will require anproval in writing from the Site Vice President.

Fitness for Duty Program Reminder As you are aware, prior to the granting of unescorted access to NMC nuclear sites, workers must complete nuclear screening to determine fitness for duty, trustworthiness and reliability.

Once a worker is granted access (badged or as a visitor), NMC relies on its continual behavioral observation program (CBOP) for monitoring behavior to assure continued fitness for duty, trustworthiness and reliability.

To effectively implement the CBOP, workers need to know what to look for and how to respond.Security periodically performs self-assessments and reViewsindustry events and NRC inspection results to identify emerging issues. This program update addresses issues, in a question and answer format, regarding implementation of CBOP at KPB, within the NMC fleet, and.throughout the nuclear industry.To assist you in effectively implementing CBOP at KPB, please review the following Q&A: 1. How'can I tell when a worker is not "fit for duty"?Observing a change in a worker's typical behavior pattern might indicate a worker is not fit for duty. Look for changes in work performance, social interactions, and personal health. For additional information on what to look for, review the behavior observation guide located on the NMCNET (go to Operations menu and click on Security Services).

Remember, in addition to illegal drug use or abuse of alcohol, other factors may affect fitness, including temporary mental or physical impairments and activities outside of work.2. What should I do if I question the fitness of a worker?Immediately contact a supervisor.

If your supervisor is not immediately available, contact the Site Security.

You should also attempt to continue observing the worker until your supervisor arrives.

8 As a supervisor, your most important responsibility is to take action.Supervisors have the option of temporarily modifying work assignment, authorizing time off, referring a worker to the Employee Assistance Program or initiating for-cause testing.For-cause testing is required when behavior indicates possible substance abuse or credible information is received that an individual is abusing drugs or alcohol. Smell of alcohol warrants for-cause testing.As a supervisor, maintain your observation of the worker until you disposition the FFD information.

3. What should I do if I believe my supervisor is not fit for duty?Immediately contact your supervisor's supervisor or Site Security.4. What should I do if I smell alcohol on a worker?Immediately contact a site supervisor.

The smell of alcohol may indicate an individual is not fit for duty.. If a supervisor is not immediately available, contact Site Security.

You should also attempt to continue observing the worker until a supervisor or Site Security arrives.'Other possible indicators of alcohol misuse include unsteady gait or slurred speech.Again, one of your basic FFD responsibilities is to report immediately to your supervisor the observation of any of these indicators.

Failure to report thesmell of alcohol, or any other possible indicator of alcohol misuse, is a violation of the FFD Program and will result in denial of access at NMC Sites.5. If arrested, charged, or convicted for violation of a law, what is my reporting responsibility?

All workers granted unescorted access to NMC nuclear plants shall report any arrest, charge, or conviction to their supervisor.

This includes violation of any Local, State or Federal law, ordinance or regulation.

The only reporting exception is minor traffic violations such as illegal parking, speeding, or expired plates. Other traffic violations, such as BWi, DWI, careless driving, driving after revocation or suspension, are reportable.

Supervisors are responsible for reporting arrests, charges, or convictions to Site Security.

Ultimately, fitness for duty is the responsibility of each worker. Each of us is personally responsible for reporting to work in the appropriate mental and physical condition to perform assigned work in a competent and safe manner. Should you feel unfit or question the fitness of a co-worker, your basic responsibility is to report the concern to your supervisor.

If you have any questions or concerns, please call your Site FFD Coordinator, Darlene Peters, at (920) 755-7811.