ML19301C773

Closeout Letter Investigation Report to Westinghouse Plant Solution (OI 2-2017-004); (EA-18-149)

ML19301C773
Person / Time
Site:	Vogtle
Issue date:	11/20/2019
From:	George Wilson NRC/OE
To:	Rubenstein T Westinghouse
Thompson C
Shared Package
ML19301C328	List: ML19301C710 ML19301C773 OI 2-2017-004, Closeout Letter Investigation Report to Westinghouse Plant Solution (OI 2-2017-004); (EA-18-149)
References
2-2017-004, EA-18-149
Download: ML19301C773 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 20, 2019 EA-18-149 Mr. Thomas G. Rubenstein Executive Director Vogtle 3 & 4 Project Westinghouse Plant Solutions 7828 River Road, Bld. 120 Vogtle 3 & 4 Waynesboro, GA 30830

SUBJECT:

NRC INVESTIGATION REPORT NO. 2-2017-004 This letter refers to an investigation completed on February 13, 2018, by the U.S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) related to Southern Nuclear Operating Company (SNC), Vogtle Electric Generating Plant (Vogtle), Units 3 and 4, currently under construction. The purpose of the NRC OI investigation was to determine whether a contract employee, employed initially by Shaw, and later CB&I and Westinghouse, was the subject of employment discrimination in violation of the NRCs Employee Protection regulation, specifically, Title 10 of the Code of Federal Regulations (10 CFR) 52.5 for the purposes of this case.

Based on the evidence gathered during the OI investigation, an apparent violation of 10 CFR 52.5 occurred when a contract employee was terminated from employment in 2016, which the NRC determined was in part because he engaged in protected activity.

In a letter dated May 15, 2019 (Agencywide Document Access and Management System (ADAMS) Accession No. ML19126A131), the NRC notified Westinghouse of the apparent violation of 10 CFR 52.5. In this letter, the NRC offered Westinghouse the opportunity to:

(1) attend a predecisional enforcement conference (PEC) or (2) participate in an alternative dispute resolution mediation session in an effort to resolve these concerns. In response to the NRCs offers, Westinghouse requested a PEC, and on August 20, 2019, the NRC held a PEC at the NRC Headquarters office in Rockville, Maryland.

Based on information gathered during the investigation and provided at the PEC, the NRC has determined that no further enforcement action is warranted. While no enforcement action will be taken against Westinghouse, please recognize that the NRC places a high value on nuclear industry employees, of both the licensee and their contractors, being free to raise regulatory and safety concerns without fear of retaliation. The contractor and the licensee are both legally responsible for ensuring that employees are not subject to adverse actions for raising safety concerns.

You are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at the following address: MS O14A50, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

T. Rubenstein In accordance with 10 CFR Section 2.390, of the NRC's Rules of Practice, a copy of this letter and its enclosure(s) will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have questions concerning this letter, please contact Catherine Thompson at 301-287-9515.

Sincerely,

/RA/

George A. Wilson, Director Office of Enforcement

T. Rubenstein

SUBJECT:

NRC INVESTIGATION REPORT NO. 2-2017-004 (EA-18-149)

DATE: November 20, 2019 DISTRIBUTION:

P. Moulding, OGC L. Baer, OGC M. Kowal, RII B. Hughes, NRR S. Sparks, RII OE r/f Publicly Available Closeout Letter: ML19301C773 ADAMS Package: ML19301C328 OFFICE OE/CRB OE/CRB OGC OE/D NAME CThompson DSolorio PMoulding GWilson DATE 11/12/2019 11/12/2019 11/19/2019 11/20/2019 OFFICIAL RECORD COPY