ML052000435

E-mail from B. Clayton Re OI Report 3-2001-055, Dresden

ML052000435
Person / Time
Site:	Dresden
Issue date:	05/07/2003
From:	Beverly Clayton NRC/RGN-III
To:	Collins S, Congel F, Dambly D - No Known Affiliation, NRC/IRO
References
FOIA/PA-2004-0321
Download: ML052000435 (1)

Text

From: Brent Clayton To: Collins, Samuel; Congel, Frank; Dambly, Dennis Date: 05/07/2003 7:58AM

Subject:

01 Report 3-2001-055, Dresden Sensitive allegation information.

This is the 3-week e-mail pursuant to Enforcement Manual Section 7.5.4.1 for an Office of Investigations (01) report which does not substantiate the concerned individual's concerns.

This 01 report involves alleged discrimination against a former principal auditor. The concerned individual (Cl) alleged that he had made audit findings during a 1997 audit of General Electric (G. E.) and when the responsible G. E. manager subsequently became a CoinEd manager, the Cl received lowered performance appraisals in retaliation for the audit findings. In addition, the Cl alleged that he was terminated by Exelon for raising safety concerns, and that he was blacklisted from gaining employment at Sargent & Lundy (S&L) because of safety concerns raised while employed by ComEd/Exelon.

The evidence developed by 01 did not indicate that the Cl's appraisal ratings were negatively effected by his G. E. audit findings, or that he was terminated because of any protected activity.

The nuclear QA group supervisor who wrote the Cl's performance appraisals for the pertinent years said that his ratings were never changed by anyone, and that no one had tried to influence his ratings. Late in 2000, the Cl applied for, and was selected for, a position in the internal audits group. In connection with the merger between CornEd and PECo which occurred in October 2000, Exelon performed a strategic performance assessment of the internal audits group in the summer of 2001. As a result, positions were created or changed to be consistent on a corporate-wide basis and to follow best industry practices, and all the group's employees had to reapply for their positions. The Cl did not reapply for the position he currently held but applied only for a manager position for which he was not qualified. He was subsequently terminated.

The 01 investigation also did not establish any evidence that Cl was blacklisted by S&L or that anyone from Exelon had provided any adverse information to S&L regarding the Cl.

Unless we receive a differing opinion, Region IlIl will consider this matter closed 3 weeks from the date of this e-mail, May 28, 2003. The Cl also filed a complaint with DOUOSHA. Both the OSHA Area Director and the DOL ALJ issued findings of no merit. However, the NRC allegation file will remain open pending the final decision of DOL.

If you have any questions regarding this case, please contact me by telephone at 630-810-4373 or via email (HBC).

CC: Caldwell, James; Dapas, Marc; Dudes, Laura; Dyer, Jim; Frye, Timothy; Hilton, Nick; Miller, Chris; OAC3; Paul, Richard; Weil, Charles

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