ML081680456
| ML081680456 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 06/12/2008 |
| From: | David Lew Division Reactor Projects I |
| To: | Polson K Nine Mile Point |
| References | |
| 1-2007-037, RI-2007-A-0069 | |
| Download: ML081680456 (3) | |
Text
CERTIFIED MAIL RETURN RECEIPT REQUESTED June 12, 2008 Mr. Keith J. Polson, Vice President RI-2007-A-0069 Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093-0063
Subject:
NRC Office of Investigations Case No. 1-2007-037
Dear Mr. Polson:
The Region I Field Office, NRC Office of Investigations (OI), initiated an investigation (Case No.
1-2007-037) on June 14, 2007, to determine if an individual employed in the chemistry department was discriminated against for having raised safety concerns. Based on the evidence developed during the investigation, OI did not substantiate that the individual was enrolled in the Employee Assistance Program, suspended for one day, and was in the process of being demoted as a result of writing condition reports.
Licensee management acknowledged that the individual had written numerous condition reports for valid concerns, and that the proposed discipline was in close proximity to those activities.
However, OI determined that the condition reports were not determining factors in his/her disciplinary action. Rather, testimonial and documentary evidence showed that licensee management took appropriate action within procedure, process, and practice to initiate disciplinary action. With respect to the assertion that the individual was in the process of being demoted, OI determined that the licensee was in the process of refilling positions, and was not in the process of demoting him/her for having written condition reports.
Subsequent to an appeal and grievance hearing regarding the discipline, an Employee Concerns Program investigation concluded that there could be a perception of retaliation in this matter because the individual had written condition reports. As a result, the discipline was reduced. However, OI found that all of the disciplinary actions were taken for legitimate business reasons. In addition, OI did not find that the individual was the subject of disparate treatment based upon review of other disciplinary cases.
Please note that final NRC investigation documents, such as the OI report described above, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Mr. Keith J. Polson 2
RI-2007-A-0069 No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. G. Dentel of my staff at (610) 337-5233.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects
Enclosure:
As Stated
Mr. Keith J. Polson 3
RI-2007-A-0069 Distribution:
C. Carpenter, OE R. Urban, SAC ADAMS (Docket Nos. 50-220 and 50-410)
D. Screnci, PAO Region I Docket Room (w/concurrences)
SUNSI Review Complete: GTD (Reviewers Initials)
After declaring this document An Official Agency Record it WILL be released to the Public ML081680456 DOCUMENT NAME: G:\\ORA\\ALLEG\\LICENSEE\\20070069lic.wpd To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE DRP:RPB1 RI:RC RI:OI ORA:SAC DRP:DD NAME G Dentel K Farrar E Wilson R Urban D Lew DATE 06/11/2008 06/11/2008 06/12/2008 06/12/2008 06/12/2008 OFFICIAL RECORD COPY