ML030640932
| ML030640932 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 03/05/2003 |
| From: | Merschoff E Region 4 Administrator |
| To: | Randolph G Union Electric Co |
| References | |
| 2003-ERA-008, EA-03-040 EA-03-040 | |
| Download: ML030640932 (5) | |
Text
March 5, 2003 EA-03-040 Garry L. Randolph, Senior Vice President and Chief Nuclear Officer Union Electric Company P.O. Box 620 Fulton, Missouri 65251
SUBJECT:
ALLEGED DISCRIMINATION (2003-ERA-008)
Dear Mr. Randolph:
On October 11, 2002, the U.S. Department of Labors Occupational Safety & Health Administration (OSHA) in Kansas City, Missouri, received a complaint from an employee of The Wackenhut Corporation (TWC), Union Electric Companys security contractor at the Callaway Plant. The employee alleged that he had been denied two promotions because he had participated in an investigation that resulted in NRC enforcement action and because he had raised a safety concern to TWC management. In response to that complaint, OSHA conducted an investigation, and in a letter dated January 22, 2003, to Mr. Richard Michau, the president of TWCs Nuclear Services Division, the Regional Administrator of OSHA found that the evidence obtained during its investigation indicated a violation of the employee protection provisions of the Energy Reorganization Act (Section 211 of the ERA). A copy of OSHAs letter is enclosed.
As you know, the NRC holds its licensees responsible for violations of NRCs employee protection requirements committed by licensee contractors. The NRCs Office of Investigations (OI) has an ongoing investigation into this matter to determine whether a violation of 10 CFR 50.7 occurred, and no conclusions have been reached. Nonetheless, the NRC is concerned that OSHAs finding could have a chilling effect on other licensee or contractor personnel in that it might deter them from identifying any nuclear safety related concerns they may have.
Accordingly, pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to determine whether action should be taken to ensure compliance with NRC regulatory requirements, you are required to provide this office, within 30 days of the date of this letter, a response in writing and under oath or affirmation that describes:
Actions you have taken or plan to take to assure that this matter is not having a chilling effect on the willingness of other employees to raise safety and compliance concerns within your organization and to the NRC.
Union Electric Company We recognize that you may not believe that unlawful discrimination has occurred. Regardless, we request that you consider the need to address the possible chilling effect that an ongoing issue of this type may have on other employees.
In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the personal privacy-related information and a redacted copy of your response that deletes the personal privacy-related information. Identify the particular portions of the response in question which, if disclosed, would create an unwarranted invasion of personal privacy, identify the individual whose privacy would be invaded in each instance, describe the nature of the privacy invasion, and indicate why, considering the public interest in the matter, the invasion of privacy is unwarranted. If you request withholding on any other grounds, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
After reviewing your response, the NRC will determine whether action is necessary at this time to ensure compliance with regulatory requirements.
Sincerely,
/RA/
Ellis W. Merschoff Regional Administrator Docket: 50-483 License: NPF-30
Enclosure:
January 22, 2003 letter to TWC cc w/
Enclosure:
Charles E. Adkins Regional Administrator, OSHA City Center Square 1100 Main Street, Suite 800 Kansas City, Missouri 64105 Union Electric Company Richard A. Michau President, Wackenhut Nuclear Services Division The Wackenhut Corporation 4200 Wackenhut Drive #100 Palm Beach Gardens, Florida 33410 Professional Nuclear Consulting, Inc.
19041 Raines Drive Derwood, Maryland 20855 John ONeill, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W.
Washington, D.C. 20037 Mark A. Reidmeyer, Regional Regulatory Affairs Supervisor Regulatory Affairs AmerenUE P.O. Box 620 Fulton, Missouri 65251 Manager - Electric Department Missouri Public Service Commission 301 W. High P.O. Box 360 Jefferson City, Missouri 65102 Ronald A. Kucera, Deputy Director for Public Policy Department of Natural Resources 205 Jefferson Street Jefferson City, Missouri 65101 Rick A. Muench, President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, Kansas 66839 Dan I. Bolef, President Kay Drey, Representative Board of Directors Coalition for the Environment 6267 Delmar Boulevard University City, Missouri 63130 Union Electric Company Lee Fritz, Presiding Commissioner Callaway County Courthouse 10 East Fifth Street Fulton, Missouri 65251 J. V. Laux, Manager Quality Assurance AmerenUE P.O. Box 620 Fulton, Missouri 65251 Jerry Uhlmann, Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65101 Scott Clardy, Director Section for Environmental Public Health P.O. Box 570 Jefferson City, Missouri 65102-0570 John D. Blosser, Manager Regulatory Affairs AmerenUE P.O. Box 620 Fulton, Missouri 65251 Union Electric Company Electronic distribution by RIV w/
Enclosure:
ADAMS (PUBLIC)
Electronic distribution by RIV w/o
Enclosure:
Regional Administrator (EWM)
DRP Director (ATH)
DRS Director (DDC)
Senior Resident Inspector (MSP)
Branch Chief, DRP/B (DNG)
Senior Project Engineer, DRP/B (RAK1)
Staff Chief, DRP/TSS (PHH)
RITS Coordinator (NBH)
Scott Morris (SAM1)
CWY Site Secretary (DVY)
Congel, OE (FJC)
Donohew, NRR (JND)
Sanborn (GFS)
K. Smith (KDS1)
OEMAIL Hilton, OE (NDH)
Dixon-Herrity, OE (JLD)
FILE LOCATION: C:\\ORPCheckout\\FileNET\\ML030640932.wpd D:ACES RC C:RPBB D:DRP D:DRS SANBORN K. SMITH GRAVES A. HOWELL CHAMBERLAIN
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D. Powers for 2/26/2003 2/27/2003 2/28/2003 2/28/2003 3/3/2003 D:OE DRA RA CONGEL GWYNN MERSCHOFF J. Luehman for (T)
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3/3/2003 3/4/2003 3/5/2003 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax