ML20205K789
| ML20205K789 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 02/15/1996 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20205B966 | List:
|
| References | |
| FOIA-99-76 PR-II-96-021, PR-II-96-21, NUDOCS 9904140016 | |
| Download: ML20205K789 (7) | |
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f *" "N , UNITED STATES :
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i NUCLEAR REGULATORY COMMISSION
- i. ! OFFICE OF PUBLIC AFFAIRS, REGION II 101 Marietta St., Suite 2900, Atlanta, GA 30323 N*****/ Tel. 404-331-5503 or 7878 l
No.: 11 96-21 FOR IMMEDIATE RELEASE 4 Contacts: Ken Clark 404-331 5503 (Thursday, February 15,1996)
Roger Hannah 404-331-7878 NRC STAFF PROPOSES $80,000 CIVIL PENALTY AGAINST TVA FOR ALLEGED DISCRIMINATION ATBROWNS FERRY The Nuclear Regulatory Commission staff has proposed an S80,000 civil penalty !
against the Tennessee Valley Authority for alleged discrimination against a former ironworker foreman at the Browns Ferry nuclear power plant, located near Athens, Alabama.
In a Notice of Violation sent to TVA on February 14,1996, the NRC said the fine was based on a ruling by the U.S. Secretary of Labor to the effect that a TVA contractor l
discriminated against a contractor employee by demoting him and transferring him to an outside work crew because he raised concerns related to firewatch requirements to other ,
I workers. The Department of Labor ruled that the employee was engaging in a protected activity when he expressed the concerns.
The NRC said the violation was a Severity Level II, its second most serious citation, ,
and was of concern because it involved discrimination against an employee by a contract manager substantially above a first line supervisor. The agency said licensees are required to maintain an cavironment where licensee and contractor employees feel free to raise safety concemr, without fear of retaliation. '
in related actions, the NRC also proposed a Severity Level 11 violation, with no civil penalty, against the contractor, Stone & Webster Engineering Company and sent a letter to the contractor manager involved which informed him of agency actions against TVA and !
Stone & Webster and of NRC prohibitions against discrimination against persons engaged in protected activities.
NRC officials said TVA has already adequately addressed the reascn for the violation and the corrective actions taken.
The NRC also said the agency is aware that the contractor is appealing the Secretary of Labor's decision and, in the event it is reversed, reconsideration of the NRC enforcement action would be appropriate.
TVA has 30 days from receipt of the Notice of Violation to either pay the fine or to protest its imposition.
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9904140016 990324 PDR FOIA QUNTER99-76 P,DR.
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ARB MEETING MARCH 7, 1996 RII 96 A 0038 BROWNS FERRY 02/23/96 00L COMPLAINT. CONTINUED RETALIATION BY STONE & WEBSTER IN THAT THE COMPLAINANT WAS NOT RE-HIRED DURING CALL BACKS AT BROWNS FERRY FOLLOWING HIS LAY-OFF IN 1993. I AP: EICS TO SEND SAFETY CONCERNS INQUIRY LETTER TO COMPLAINANT.
LICENSEE REFERRAL: NO 01/AP: OPEN CASE DOL /AP: YES GENERIC IMPLICATIONS: NONE COMPLETION DATE: EICS WRITE LETTER BY MARCH 24, 1996.
ARB ATTENDERS 3/07/96 ORA DRP DRS NRR OI
[/] IGNATONIS [/] JOHNSON [/] VERRELLI [/]E. BAKER [/] McNULTY j
[/] EVANS [/] LANDIS [/] FREDRICKSON
[/] LESSER I
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ARB MEETING 3/13/96 WARNING THIS UMENT NS (S IT AL EGAT INF ION I AN NO ISSEMINATED OUTSIDE THE NRC RII 96 A 0063 BROWNS FERRY LICENSEE SUBMITTED LER 96-001 REPORTING THAT TWO NDIVIDUALS FAILED TO PERFORM A FIRE WATCH PATROL AS REQUIRED AND FALS.FIED RECORDS TO INDICATE THE ROUNDS WERE PERFORMED WHEN. IN FACT.
THEY WERE NOT.
AP: 01 OPEN INVESTIGATION LEAD DIVISION / BRANCH: 01/EICS LICENSEE REFERRAL: NO DI/AP: YES (2-96-009)
RECOMMENDED PRIORITY: LOW SAFETY SIGNIFICANCE: NOT ESTABLISHED AT THIS TIME DOL /AP: N0 GENERIC IMPLICATIONS: NO COMPLETION DATE:
[/]URYC [/]MERSCH0FF [/]CHRISTENSEN [/]LIEBERMAN 4
[/] WATSON [/]LA BARGE [/] GRAY
[/]LONG [/]STARKEY [/] HARRIS
[/] LESSER [/]BEALL
[/] SPARKS OI
[/] ROBINSON ARB MINUTES PREPARFD BY: OSCAR DEMIRANDA l
I ARB HINUTES APPROVED BY: BRUNO URYC
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.EICS STAFF NOTES FACILITY: Sam <4
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RESPONSIBLE DIVISION: /AJ
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OE REPRESENTATIVE: SL: SUP: CP: ,
ENF CONF PROPOSED: OPEN/ CLOSED:
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k PREDECISIONAL ENFORCEMENT INFORMATION - NOT FOR PUBLIC DISCLOSURE s\
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' WITHOUTsTHE APPfliOVAL-CITHE REGIONA&c-AENIS,TR4 TOR, REGION 11 I
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ESCALATED ENFORCEMENT
. PANED QUESTIONNAIRE INFORMATION REQUIRED TO BE AVAILABLE FOR ENFORCEMENT PANEL PREPARED BY: M.L,tssea.
NOTE: The Section Chief is responsible for preparation of this questionnaire and ita distribution to attendees prior to an Enforcement Panel. (This information will be used by EICS to prepare the enforcement letter and Notice, as well as the transmittal memo to the Office of Enforcement explaining and
!ustifying the Region *s proposed escalated enforcement action.)
- l. Facillty: S m.y h ,
, Unit (s) : I Docket Nos: 50*3*?-0 License Nos:
Inspection Dates: NfA Lead Inspector: YA
- 2. Check appropriate boxes: NfA
[] A Notice of Violation (withou t "boilerplate") which I includes the recommended severity level for the violation is enclosed.
[] This Notice haa been reviewed by the Branch Chief or Division Director and each violation includes the appropriate level of specificity as to how and when the requirement was violated.
[]' Copies of applicable Technical Specifications or license conditions cited in the Notice are enclosed.
- 3. Identify the reference to the Enforcement Policy Supplement (s) that best fits the violation (s) (e.g.,
Supplement I.C.2) r . TNIS~D'OCUMENT CCC AINS PREDECISI0hAL INFORMAfl0N-*
IT CAN NOT SC DISCLOSED.DdTSIDE WRC V1 Tit 0UT THE APPROVAL OF THE REQlokAL ADMINISTRATOR Qougz Ske.J Sr bacs% ~0re e. ^ I y
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April 30, 1996
- ACT SHEFT FOR DIS;RIMINAT .0N CASES COMPLAINANT (COMP): Harrison, Douglas ERA NO.:
LICENSEE / FACILITY: TVA Browns Ferry Stone & Webster NRC REGION: 2 DESCRIPTION OF PROTECTED ACTIVITY:
related to earlier complaints filed in February 1993 DESCRIPTION OF ALLEGED DISCRIMINATION: failure to rehire. Harrison notes that normally this complaint would be time-barred because it is associated with the earlier complaint, but he states that there have been numerous opportunities.for Stone & Webster to rehire him and it hasn't DATE OF DISCRIMINATION:
DATE OF COMPLAINT.: February 23, 1996
-DATE COMPLAINT RECEIVED BY 00L: February 26, 1996 DID COMPLAINANT ALSO REPORT DISC. TO NRC?:
LICENSEE'S EXPLANATION OF ACTION:
DISCUSSION:
ACTIONS TAKEN TO MAKE COMPLAINANT WHOLE:
CULPABLE LICENSEE MANAGER (S) (CLM): (INCLUDE NAME, TITLE, AND WHETHER CLM IS STILL WITH LICENSEE AND IN WHAT CAPACITY If KNOWN)
ACTIONS TAKEN AGAINST'CLM:
SETTLED: DATE SETTLED:
SETTLEMENT CONDITIONS:
' DISTRICT DIRECTOR'S DECISION:
SECRETARY OF LABOR DECISION:
I THl5 DOCUMENT MAY CONTAIN PREDECISIONAL INFORMA110N TWT' 1 Wii D V
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NRC ACTIONS TAKEN:
DISCUSSED WITH 017:
CHILLING EFFECT LETTER (CEL) SENT7:
ENFORCEMENT ACTION ISSUED (INCLUDE EA NO.):
CLOSE0UT ACTION (OTHER THAN ENFORCEMENT):
REMARKS:
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MAY CONTA PRED IS!OhAL lhf0RM3JIOh IHl$ D0C0 li CAN Ei{NOT EE OursjDE THE ARC /
EASED wiiHOUT THE APPROVA @ HE DIRECTOR, hFORCEMENT
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