ML20211K529

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000 for Severity Level III Violation Re Employment Discrimination for Reporting Concerns on Transco Insp Procedures,Per 10CFR50.7

ML20211K529
Person / Time
Site:	Byron
Issue date:	06/25/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20211K525	List: ML20211K518 ML20211K529
References
EA-86-087, EA-86-87, NUDOCS 8606300159
Download: ML20211K529 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Commonwealth Edison Company Docket Nos. 50-454; 50-455 Byron Nuclear Power Station, License Nos. NPF-37; CPPR-131 Units 1 and 2 EA 86-87 Based on the results of an investigation and hearing conducted by the Department of Labor (DOL Case 85-ERA-7) and the resulting Order Approving Settlement by the Secretary of Labor, dated August 8, 1985, in the case of complainant Jeffrey Johnson, the NRC has determined that a violation of its regulations has occurred. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986),

the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"), 42 U.S.C.

2282, PL 96-295 and 10 CFR 2.205. The violation and associated civil penalty is listed below:

10 CFR 50.7 prohibits discrimination by a Commission licensee, or a. contractor or subcontractor of a licensee, against an employee for engaging in certain protected activities. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment. The activities protected include but are not limited to providing the NRC information about possible violations of NRC requirements and requests to the NRC to take action against an employer for enforcement of NRC requirements.

Contrary to the above, Jeffrey Johnson, an employee of Transco Products, Inc.,

a subcontractor of Commonwealth Edison Company and a quality control inspector at the Byron Nuclear Power Station, was discharged on November 2, 1984 by Transco '

for engaging in protected activities which involved reporting to the NRC on October 16, 1984 the employer's inadequate inspection procedures and installation of non radiation proof seals.

This is a Severity Level III violation (Supplement VII).

j Civil Penalty - $25,000

Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison Company is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D. C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, within 30 days of the date of this Notice a written statement or explanation, including for each alleged violation

(1) admissien or dental of the alleged violation, (2) the reasons for the violation, if admitted, (3) the corrective steps which will be taken to avoid further violations, (4) the corrective steps which will be taken to avoid further violatior.s, (5) the date when full compliance will be achieved. If an adeq~uate reply is not received within the time specified in 860630015986gg54 pDR ADOCK O PDR 0

Notice of Violation June 25, 1986 this Notice, the Director, Office of Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, Commonwealth Edison Company may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative amount of Twenty Five Thousand Dollars (525,000) or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should Commonwealth Edison Company fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above. Should Commonwealth Edison Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:

(1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. Commonwealth Edison Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to section 234c of the Act, 42 U.S.C. 2282 FOR THE NUCLEAR REGULATORY CCMMISSION 4=.b M-c C/ James G. Kepp r v

Regional Administrator Dated at Glen Ellyn, Illinois this afday of , 1986.