ML20151D177

Notifies of Lm Polizzi to Us Dept of Labor Re Alleged Discrimination,Reassignment to Position Away from Site & Eventual Termination Because of Safety Concerns Raised on Job.Violation of 10CFR50.7 May Have Occurred

ML20151D177
Person / Time
Site:	Comanche Peak
Issue date:	04/11/1988
From:	Ebneter S NRC OFFICE OF SPECIAL PROJECTS
To:	Counsil W TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
NUDOCS 8804140002
Download: ML20151D177 (9)

Text

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, f g UNITED STATES y g NUCLEAR REGULATORY COMMISSION 3 l WASHINGTON, D. C. 20555

\...../ Aoril ll,1988 Texas Utilities Electric Company ATTN: Mr. William G. Counsil Executive Vice President 400 North Olive Street, Lock Box 81 Dallas, TX 75201 Gentlemen:

On June 12, 1987, the U. S. Department of Labor's Wage and Hour Division in New York, New York, received a complaint from Mr. Lorenzo Mario Polizzi, who worked as a mechanical enoineer at the Comanche Peak Steam Electric Station (CPSES) as an employee of'Gibbs & Hill, Inc. until December 1986. Mr. Polizzi alleged that he was discriminated against, reassigned to a position away from the site, and eventually terminated from employment with Gibbs & Hill because he had raised safety concerns while perfoming his duties at CPSES. In response to that complaint, the Wage and Hour Division ceaducted an investigation and, in the enclosed letter dated July 21, 1987, the Area Director of the Wage and Hour Division found that the evidence obtained during the Division's investiga-tion indicated that the employee was engaged in a protected activity within the ambit of the Energy Reorganization Act and that discrimination as defined and pro-hibited by the statute was a factor in the actions which comprised his complaint.

The Area Director's decision has been appealed by Gibbs & Hill and the case is scheduled for hearing before Administrative Law Judge Michael H. Schoefeld during the weeks of May 22-27, 1988 and May 31-June 3, 1988 in New York.

The NRC is concerned that a violation of the employee protection provisions set forth in 10 CFR 50.7 may have occurred and that the actions taken against this fomer Gibbs & Hill employee may have had an adverse effect on other contractor or licensee personnel. Therefore, you are requested to provide this ,

office, within 30 days of the date of this letter, a response which describes l what actions you have taken to look into this matter, the results thereof, and actions, if any, taken or planned to assure that this employment action does not .

have an adverse effect in discouraging other contractor or licensee employees  !

from raising perceived safety concerns.

In accordance with Section 2.790 of hRC's "Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC Public Document Room, g4140002000411 H ADOCK 05o00443 PDR 4

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Texas Utilities Electric Company Mr. William G. Counsil The response requested by this letter is not subject to the clearance pro-cedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, eub. L. No.96-511.

Sincerely, WVl Stewart D. Ebneter. Director Office of Special Projects

Enclosure:

As stated cc: See next page l I

i

W. G. Counsil Comanche Peak Steam Electric Station Texas Utilities Electric Company Units 1 and 2 cc:

Jack R. Newman, Esq. Asst. Director for Inspec. Programs Newman & Holtzinger, P.C. Comanche Peak Project Division Suite 1000 U.S. Nuclear Regulatory Commission 1615 L Street, N.W. P. O. Box 1029 Washington, D.C. 20036 Granbury, Texas 76048 Robert A. Wooldridge, Esq. Regional Administrator, Region IV Worsham, Forsythe, Sampels & U.S. Nuclear Regulatory Commission Wooldridge 611 Ryan Plaza Drive, Suite 1000 2001 Bryan Tower, Suite 2500 Arlington, Texas 76011 Dallas, Texas 75201 Lanny A. Sinkin Mr. Homer C. Schmidt Christic Institute Director of Nuclear Services 1324 North Capitol Street Texas Utilities Electric Company Washington, D.C. 20002 Skyway Tower 400 North Olive Street, L.B. 81 Ms. Billie Pirner Garde, Esq.

Dallas, Texas 75201 Government Accountability Project Midwest Office Mr. Robert E. Ballard, Jr. 104 East Wisconsin Avenue Director of Projects Appleton, Wisconsin 54911 Gibbs and Hill, Inc.

11 Penn Plaza New York, New Ycrk 10001 David R. Pigott, Esq.

Orrick, Herrington & Sutcliffe 600 Montgomery Street Mr. R. S. Howard San Francisco, California 94111 Westinghouse Electric Corporation P. O. Box 055 Anthony Z. Roisman, Esq.

Pittsburgh, Pennsylvania 15230 Suite 600 1401 New York Avenue, NW Susan M. Theisen Washington, D.C. 20005 Assistant Attorney General Environmental Protection Division Robert Jablon  !

P. O. Box 12548. Capitol Station Bonnie S. Blair Austin, Texas. 78711-1548 Spiegel & McDiarmid 1350 New York Avenue, NW Mrs. Juanita Ellis, President Washington, D.C. 20005-4798 Citizens Association for Sound Energy 1426 South Polk George A. Parker, Chairman Dallas, Texas 75224 Public Utility Committee Senior Citizens Alliance Of Ms. Nancy H. Williams Tarrant County, Inc.

CYGNA Energy Services 6048 Wonder Drive 2121 N. California Blvd., Suite 390 Fort Worth, Texas 76133 Walnut Creek, CA 94596 ,

I

. .t W. G. Counsil Comanche Peak Electric Station Texas Utilities Electric Company Units 1 and 2 cc:

Joseph F. Fulbright Fulbright & Jaworski 1301 McKinney Street Houston, Texas 77010 Roger D. Walker Manager, Nuclear Licensing Texas Utilities Electric Company Skyway Tower 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Mr. Jack Redding c/o Bethesda Licensing Texas Utilities Electric Company 3 Metro Center, Suite 610 Bethesda, Maryland 20814 William A. Burchette, Esq.

Counsel for Tex-La Electric Cooperative of Texas Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jefferson Street, NW Washington, D.C. 20007 GDS ASSOCIATES, INC.

Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237 Administrative Judge Peter Bloch U.S. Nuclear Regulatory Comission Washington, D.C. 20555 ,

Elizabeth 8. Johnson )

Administrative Judge Oak Ridge National Laboratory P. O. Box X, Building 3500 Oak Ridge, Tennessee 37830 Dr. Kenneth A. McCollom 1107 West Knapp Stillwater, Oklahoma 74075 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 4

.t U.S. Department of Labor Emoloyment Standards Administration Wage and Hour Division [..~.,'t, 26 Federal Plaza Rm. 2251 New York, NY 10278 \O /

Telephone: (212) 264-8185 Reply to the Attention of:

CERTIFIED MAIL - RETURN RECEIPT REQUESTED --NO. P 228 839 592 July 21, 1987 Michael D. McDowell, Senior Counsel Dravo Corporation One Oliver Plaza Pittsburgh, PA 15222 Re: Lorenzo Mario Polizzi vs.

Gibbs & Hill, Inc.

Dear Mr. McDowell:

This letter is to notify you of the results of our compliance actions in the above case. As you know, L. Mario Polinzi filed a complaint with the Secretary of Labor under the Energy Reorganization Act on June 12, 1987. A copy of the complaint, a copy of Regulation 29CFR Part 24, and a copy of the pertinent sections of the statute were furnished in a previous letter from this office.

Our initial efforts to conciliate the matter revealed that the parties would not at that time reach a mutually agreeable settlement. An investigation was then conducted. Based on our investigation, the weight of evidence to date indicates that L.M. Polizzi was a protected employee engaging in pro-tected activity within the ambit of the Eneigy Reorganization Act, and that discrimination as define;d and prohibited by the statute was a factor in the' actions which comprise his complaint. The following disclosures were persuasive in this determination.

Mr. Polizzi's status as a protected employee is clear. In October of 1986, Mr, Polizzi was employed as a mechanical engineer at the Comanche Peak Steam Electric Station in Glen Rose, Texas. While employed in that capacity, on October 23, 1986, Mr. Polizzi wrote a memo to his super-visors, J. Irons and D.C. Purdy, which was forwarded to the Gibbs & Hill New York office, outlining specific concerns regarding a potentially reportable design deficiency in the pipe rupture analysis. Mr. Polizzi's concerns regarding the pipe rupture analysis, and willingness to take his complaint outside the firm were well known among Gibbs & Hill employees at Comanche Peak. In his subsequent work locations in

. New York nnd Tennessee, he was vocal about his concerns Y

t with the pipe rupture analysis and his increasing dissatis-faction with Gibbs & Hill's response to his complaint.

Gibbs & Hill's immediate response to Mr. Polizzi's memo was to transfer him to the New York office while all other per-manent Gibbs & Hill mechanical engineers were transferred to different jobs on the Comanche Peak locstion. No other response to Mr. Polizzi's memo on the part of Gibbs & Hill was provided until late January and early February of 1967 when Mr. Polizzi was visited on an almost daily basis by an engineer from the applied mechanics group, Mr. Ted Kosmopoulos. Mr. Kosmopoulos and Mr. Polizzi had heated arguments, many of which were overheard by nearby employees on the validity of Mr. Polizzi's October 23, 1966 complaint.

Mr. Kosmopoulos apparently attempted to persuade Mr. Polizzi to accept Gibbs & Hill's position that his complaint was totally without merit and withdraw the complaint.

On 2/19/87 Mr. Polizzi received a memo from D. Purdy and C. Corban refuting his complaint. On 2/24/87 Mr. Polizzi responded to this memo accepting Gibbs & Hill's position on two areas and further stating his concerns on two others.

In addition, his dissatisfaction with Gibbs & Hill's re-sponse and his intention to pursue the matter with the NRC were widely discussed among his colleagues.

On February 27, Mr. Polizzi received a layoff notice in a meeting with Richard Carr and Joseph Alberti. Mr. Polizzi received a package from Mr. Carr which included a Gibbs &

Hill "proprietary information" form. Polizzi requested a private meeting with Mr. Carr. In that meeting he informed Carr that he could not sign the form as he was planning to go to the NRC and therefore could not agree not to release potentially confidential information. He also advised Carr of his belief that he was being terminated as a result of his October 23, 1986 memo and subsequent defense of his complaint. Carr told Polizzi he would look into his allegations.

On February 28, 1987 Mr. Polizzi contacted the NRC by phone and letter. Approximately one week later Mr. Polizzi was contacted by Mr. Carr's office offering him a job at the TVA.

Mr. Polizzi's resume had been in a group of resumes that were submitted by Gibbs & Hill to TVA during the period 1/17/87 to 1/20/87 by Paul Giangreco, This submission of his resume was done by Mr. Giangreco prior to Polizzi's meetings with Ted Kosmopoulos during which he refused to withdraw his complaint.

Mr. Polizzi also indicated he was not asked to update his resume as were others who were being considered for the TVA project. His subsequent rehire on March 11, 1987 by Gibbs &

Hill to work at the TVA appears to be the result of two factors. First, Gibbs & Hill needed more personnel than was available to fulfill their TVA commitments; even transferring

a group of people from the Comanche reak site. Second, Mr. Polizzi had clearly stated his intention to pursue his claim with the NRC and his rehire and assignment to Tennessee  ;

appears to be a convenient way of forestalling his NRC l complaint.

On May 14, 1987 Mr. Polizzi was officially terminated, receiv- '

ing formal notification from Richard Carr. While Gibbs & Hill claims he was advised earlier, a June 3, 1987 letter from Kenneth Scheppele, president of Gibbs & Hill to former TVA employees points out that meetings were held with the TVA as '

late as May 13, 1987 in an attempt to renew the contract.  ;'

Thus, the May 14, 1987 termination date given by the complain-ant appears to be substantiated by Gibbs & Hill's own documentation. '

1 There has never been any indication of poor work performance -

and in fact Mr. Polizzi has consistently received above average raises. Thus, the pattern emerges that.Gibbs & Hill responded to a Regulation 10CFR 50.55e complaint from a compe-tent employee on a troubled project by first getting him away from the project, then terminating his employment as soon as feasibly possible. His subsequent rehire and termination appear to be an attempt to diffuse Mr. Polizzi's allegations and to obscure the actual reason for his dismissal, j As to Gibbs & Hill's contentions that another employee has i filed similar complaints without adverse action, our under-i standing is that these complaints have been resolved indernally i '

without NRC notification. Therefore, we do . tot feel the

) circumstances are the same.

This letter will notify you that the following actions are required to abate the violation and provide appropriate relief:

)

Mr. Polizzi is requesting the sum of $150,000 (three years salary) plus attorney fees.

Mr. Polizzi has been unemployed since May, 1987 and contends that because of this action he )

will have difficulty in obtaining employment I in the industry. I

This letter will also notify vou that if you wish to appeal 1 the above findings and remedy, you have a right to a formal hearing on the record. To exercise this right you must, within five (5) calendar days of receipt of this letter, file your request for a hearing by telegram to The Chief Administrative Law Judge 4

U.S. Department of Labor Suite 700 - Vanguard tuilding a 1111 20th Street, NW l Washington, DC 20036 3

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, Unless a telegram request i.s received by the Chief Adminis-trative Law Judge within the five day period, this notice of determination and remedial action will become the final order of the Secretary of Labor. By copy of this letter, I am advising Mr. Polizzi of the determination and right to a hearing. A copy of this letter and the complaint have also -

been sent to the Chief Administrative Law Judge. If you ,

decide to request a hearing it will be necessary to send i copies of the tellgrar.t to Mr. Polizzi and to me at i 26 Federal Plaza, Joom 2251, New York, NY 10278, (212) 264-8185. After I receive the copy of your request, appro-

priate preparations for the hearing can be made. If you have any questions do not hesitate to call me.

i It should be made clear to all-parties that the role of the i Department of Labor is not to represent the parties in any hearing. The Department would be neutral in such a hearing ,

which is simply part of the fact-development process, and

• only allows the parties an opportunity to present evidence for the record. If there is a hearing, an order to the Secretary shall be based upon the record made at said hear-ing,. and shall either provide appropriate relief or deny the complaint.  ;

Sincerely, t fhY :1w ,,d?$dh Thomas Kelly /

Area Director TK/cbm cc: Mr. Lorenzo Mario Polizzi 100 Spring Street Metuchen, NJ 08840 Betty St. Clair, Esquire Rabanowitz, Boudin, Standard, i Krinsky & Lieberman, PC I 740 Broadway  !

New York, NY 10003-9518 The Chief Administrative Law Judge

• U.S. Department of Labor Suite 700 - Vanguard Building l

1111 20th Street, NW i Washington, DC 20036 i i

Mr. Phil McKee, Deputy Director for '

Comanche Peak Project Office of Special Projects l Nuclear Regulatory Commission Washington, DC 20555 J

v. J Texas Utilities Electric Company -

2-Mr. William G. Ccunsil The response requested by this letter is not subject to the clearance pro.

cedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

Sincerely, original signed by Stewart D. Ebneter, Director Office of Special Projects

Enclosure:

As stated cc: See next page bec with enclosure:

J. Lieberman, OE ,

L. Chandler, 0GC '

J. Taylor, DEDO '

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