ML20211K518

Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000 for Severity Level III Violation Re Employment Discrimination,Per 10CFR50.7.Penalty Reduced 50% Due to Prior Good Performance

ML20211K518
Person / Time
Site:	Byron
Issue date:	06/25/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Oconnor J COMMONWEALTH EDISON CO.
Shared Package
ML20211K525	List: ML20211K518 ML20211K529
References
EA-86-087, EA-86-87, NUDOCS 8606300156
Download: ML20211K518 (4)

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% June 25, 1986 (b i l

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Docket Nos. 50-454; 50-455 Licenses No. NPF-37; CPPR-131 EA 86-87 Commonwealth Edison Company

' ATTN: Mr. James J. O'Connor President Post Office Box 767 Chicago, IL 60690 .

l Gentlemen:

SUBJECT:

SEVERITY LEVEL III VIOLATION FOR EMPLOYMENT DISCRIMINATION IN VIOLATION OF 10 CFR 50.7 This. refers to the results of an investigation and hearing conducted by the Department of Labor (DOL) into a complaint filed on November 16, 1984 by Mr. Jeffrey Johnson, an employee of Transco Products, Inc. (Transco) and a quality control (QC) inspector at the Byron Nuclear Power Station. DOL Case No. 85-ERA-7. In his complaint, Mr. Johnson alleged that he was transferred and subsequently discharged for reporting concerns to the NRC about Transco's inspection procedures and installation of non-radiation proof seals. A December 3,1984 decision by the DOL Area Director which was upheld by a DOL Administrative Law Judge (ALJ) on March 5,1985 found merit in Mr. Johnson's complaint. While the- ALJ's recommended decision and order was pending before the Secretary of Labor, a settlement between Mr. Johnson and Transco was reached and the Secretary of Labor issued an Order Approving Settlement on August.8, 1985. After reviewing the record before the DOL, the NRC finds that a violation of the Commission's regulations has occurred.4 This matter was discussed with you during an Enforcement Conference on Apiril 21, 1986.

The violation in the enclosed Notice of Violation describes an incident of discrimination in violation of 10 CFR 50.7. Specifically, under 10 CFR 50.7,

-discrimination by a Commission licensee, or its contractor, against an employee for engaging in certain protected activities is prohibited. The activities which are protected include reporting of quality discrepancies and safety problems by an employee to his employer or the NRC.

To emphasize that acts of discrimination against employees engaged in protected activities will not be tolerated, and after consultation with the Director, Office of Inspection and Enforcement, I am issuing the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Twenty Five

.Thousand Dollars ($25,000) for the violation described in the enclosed Notice.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1985) (Enforcement Policy),

the discrimination against Mr. Johnson has-been characterized as a Severity Level III violation. The base value of a civil penalty for a Severity Level III violation is $50,000. The NRC Enforcement Policy allows for reduction of CERTIFIED MAIL RETURN RECEIPT REQUESTED 8606300156 860625 PDR ADOCK 05000454 G- PDR

• b Commonwealth Edison Company June 25, 1986 a civil penalty under certain circumstances. In this case, the base civil penalty is reduced by fifty percent because of your prior good performance in this area, the isolated nature of this incident, and the corrective actions that have been or will be taken to prevent further incidents of this type from occurring in the future.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory. requirements.

In accordance with'Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of/ Federal Regulations, a copy of this letter and its enclosure will be placed ir the 3

NRC Public Document Room.

The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely, er3ginal C11*<A DY

.y. ; g , v.g ; W James G. Keppler Regional Administrator

Enclosure:

Notice of Violation and Proposed Imposition of Civil Penalty See Attached Distribution RI RIII RIII a RIk gpI a v Stapt on er Nore , s Ke pl

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Commonwealth Edison Company June 25, 1986 Distribution cc w/ enclosure:

Mr. Cordell Reed Vice President D. L. Farrar, Director of Nuclear Licensing V. I. Schlosser, Project Manager Gunner Sorensen Site Project Superintendent R. E. Querio, Plant Manager DCS/RSB (RIDS)

Licensing Fee Management Branch Resident Inspector, RIII Byron Resident Inspector, RIII Braidwood Phyllis Dunton,' Attorney General's Office, Environmental Control Division D. W. Cassel, Jr. , Esq.

Diane Chavez, DAARE/ SAFE Steve Lewis, ELC 4 L. Olshan, NRR LPM H. S. Taylor, Quality Assurance Division .

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r Commonwealth Edison Company 4- June 25, 1986 Distribution PDR NSIC LPDR ACRS SECY CA l JMTaylor, IE RVollmer, IE JAxelrad, IE i 'EHoller, IE l JGKeppler, RIII JLieberman, ELD JSniezek, DED/ROGR i FIngram, PA Enforcement Coordinators l

RI, RII, RIII, RIV, RV SConnelly, OIA BHayes, 01 i

HDenton, NRR Project Manager, NRR JCrooks, AEOD EJordan, IE State Public Utility Commission

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EA IE:ES EDO Rdg File l bec w/encls:

l NRC Resident Inspector i D. Hood, NRR l

Document Control Desk State of Illinois 1

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