ML040930363
| ML040930363 | |
| Person / Time | |
|---|---|
| Site: | Harris, Brunswick, Robinson  |
| Issue date: | 04/02/2004 |
| From: | Congel F NRC/OE |
| To: | |
| Starkey D | |
| References | |
| EA-04-028 EN-04-020 | |
| Download: ML040930363 (1) | |
Text
April 2, 2004 EN 04-020 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Carolina Power and Light Company (EA-04-028)
Docket Nos. 050-325, 050-324 ,050-261, 050-400
Subject:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $88,000 will be issued on or about April 7, 2004, to Carolina Power and Light Company (CP&L). This action is based on a Department of Labor (DOL)
Administrative Review Board (ARB) Final Decision and Order of Remand, dated September 30, 2003, which found that protected activity was a contributing factor when CP&L terminated the employment of its former Superintendent of Site Access Authorization in April 1999. The NRCs review of the ARB decision identified a violation of the Commissions requirements in 10 CFR 50.7, Employee Protection. Specifically, the NRC has determined that CP&L discriminated against its former employee by terminating his employment, in part, for engaging in protected activity. This matter was fully litigated during the DOL proceedings, and the NRC has adopted the ARBs Final Decision and Order of Remand. This violation has been categorized at Severity Level II in accordance with the NRCs Enforcement Policy. A base civil penalty in the amount of $88,000 is considered for a Severity Level II violation. The NRC determined that no credit is warranted for Identification, because this violation was identified through the filing of a DOL complaint and not by the actions of CP&L. The NRC concluded that credit is warranted for Corrective Action based on CP&Ls corrective actions enumerated in its letter to the NRC dated March 19, 2004. This is a Severity Level II violation with a base civil penalty of $88,000.
The schedule of issuance and notification is:
Mailing of Notice April 7, 2004 Telephone Notification of Licensee April 7, 2004 The States of North Carolina and South Carolina will be notified.
Contacts: Doug Starkey, OE, 415-3456; Frank Congel, OE, 415-2741 Distribution OWFN ________ OWFN ______ TWFN _______ Regional Offices Chairman Diaz EDO OCFO RI RIV Comm. McGaffigan DEDR OP CTR RII Comm. Merrifield DEDMRS NMSS RIII SECY OE OCIO OCA OGC OIG MAIL PA NRR RES PUBLIC IP NSIR ACRS OI STP ML OE:ES OE:D D. Starkey F. Congel 04/02/04 04/02/04 G:\OECASES\ENs\2004 ENs\EN-04-020.CP&L.drs.wpd PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION