ML20064B487
| ML20064B487 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 05/17/1990 |
| From: | Mcdonald R GEORGIA POWER CO. |
| To: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20064A263 | List:
|
| References | |
| NUDOCS 9010170113 | |
| Download: ML20064B487 (12) | |
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l C0 NTIAbINF TION LETTER INFORMATIONi EXEMPT LOSURE UNDER:
l 10 2.790 l
l May 17,1990 P
Mr. Stewart O. Ebneter L
Regional Administrator U. S. Nuclear Regulatory Commission l
Region II 101 Marietta Street, N.W.
d Atlanta, Georgia 30323
Dear Mr. Ebneter:
This letter responds to your letter to Mr.JW. G. Hairston,.III d'ated - April 18, 1990, concerning a ' complaint filed by Mr. Marvin. Hobby, who was formerly employed by Georgia' Power Company in-Atlanta, withtthe United States Department of Labor's Wage-and Hour Division.
4 In addition,,the status of Mr. Hobby's complaint is reviewed since several procedural!
events have transpired-since the. transmittal of your letter to' Georgia -
Power.
As you know, Georgia Power and its' counsel,'havelkept the NRC apprised of developments in this' matter. Indeed,-I advisedryou-of Mr;
. Hobby's potential ciaim on February 1, 1990, prior to the Febru'ary_date on which Mr. Hobby. alleges adverse action was taken by elimination of his,
employment position.
Since that time, counsel for Georgia Power has provided additional information to Richard Goddard, Esquirel NRC Regional Counsel, on several occasions.'
The Department of Labor Wage and Hour Division did not conduct a' fact-finding investigation in this matter.
The Area Director's: letter,-
dated March 26, 1990, expressly states that "all conclusions that follow-are based upon information supplied by Marvin Hobby." Georgia Power.
appealed the Department of Labor's findings. contained in the-letter on-March 30,1990, as provided by law. Enclosure 1 is a photocopy of that-appeal. -On May 4, 1990, the Department.of Labor's-Regional Solicitor filed a Motion To Stay the appeal "in order to permit the Administrator to receive and consider additional information provided by respondents or 4
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PDR ADOCK0500g, P
4 Mr. Stewart D. Ebneter -
May 17, 1990 Page 2 others" after noting the absence of.a fact-finding' investigation prior-to the March 26 Area Director's' letter (Enclosure 2).; On May 7,c1990,ithe Honorable Joel"R. Williams,'the 00L-Administrative Law-Judge assigned to the proceeding, orally granted the Regional, Solicitor's Motion, thereby-permitting the Wage and Hour Division to receive'and consider information and materials ~ bearing on Mr. Hobby's allegations. Judge. Williams has also stated that this matter vill proceed to-trial on' June 12 1990.:'The Department of Labor's May 9,1990 letter to Georgia -Power soliciting information is attached as Enclosure--3.
You will note that the. Division-intends to have its determinations-completed twenty days after thei granting of its Motion- (i.e., by. May 27,1990),
after the requested response date in your letter..approximately.10 days, The employment action taken with respect to Mr.. Hobby was based-solely en legitimate considerations of the Company's organizational needs. and upon Mr. Hobby's relative abilities to fulfill those-.needs.
lnasmuch asithe Division has expressed.its interest to reissue a~ determination after; receipt of additional information from Georgia concurrence to defer further addressing the merPower, we request your its.of, the discrimination allegations until completion of the Division's review and receipt of its determinations.
Georgia Power has no investi matter. -Transcripts of depositions;taken in gative reports of this -
the appeal process and' related documentation will be made'available, as-you desire, for your staff's review.
Additionally, copies'of further correspondence with'the DOL will be provided to you as they occur.
Georgia Power has not taken any formal action to assure that The alleged discrimination does not have a chilling.effect.in discouraging? employees from raising any perceived ~ safety concern for several ' reasons. : First,. the which bear upon nuclear safety are sufficiently dissimilar that employees who have knowledge of'Mr. Hobby's claims ' ill not be discouraged.
Second w
Georgia Power' remains resolute in maintaining the ability of employees,to notify or report concerns without fear of adverse -
action.
As one example, Georgia Power's Corporate Concerns Program Programs for employees to raise concerns outside their direct' allegation, the Company has no intent to publicize or. foster theThi management.
publication, of its position in this matter.
Those employees with knowledge of the proceeding, of Mr. Hobby and his former position, an'd of the termination of his employment should perceive readily the legitimate nature of Georgia Power's actions.
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V Mr. Stewart D. Ebneter May 17, 1990 Page 3 As explained above, this letter does.not fully address the.Companyffs-position on the merits of the:" regulatory" concerns of Mr. Hobby nor:
provide you with comprehensive investigative-information.- We will! provide you a more thorough response upon completion of proceedings unless you:
request otherwise.
This letter is exempt from disclosure in accordance with-10'CFR3 2.790(a)(6) because disclosure would constitute a clearly unwarranted.
invasion of personal privacy of the Department of Labor petitioner and licensee personnel. Moreover, exemption from disclosure willEassure that-other licensee or contractor employees are not ' discouraged from1 raising perceived concerns.
-r Sincerely, q
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RPM /gc Enclosures xc:
A. W. Dahlberg i
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U ENCLOSURE 1?
TROUTMAN. SANDERS,' LOCKERMAN & ASHMORE -
....e.g.s-...=cwoino rmor ssa.o=a6 con onar. oms -
ATT o R N EY S AT.' LAW:
CANDLCR oulLDING, Suett 8400; ist utacutett startt. N.c.
ATLANTA. GEORGtA 30303 isso -
waitcm s ointet oint wwween -
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,g6sco. n:.o easoese T.E le E G R A M March 30,:1990
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o Chief Administrative Law Judge United States Department of Labor
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Suite 700 Vanguard Building J
lil-20th Street, N.W.
Washington, D.C.
20036 Re:
Marvin Hobby-v. Georgia Power Company.
- I
Dear Sir:
]
This telegram is notification of Georgia Power' Company,'s..
wish to appeal conclusions stated in a letter of. March 26, 1990, from Acting District Director, Richard Li Gilbert,regarding allegations made by Marvin B. Hobby.
As the' letter states, no fact-finding investigation was conducted.
No company documents 1
were reviewed by the Compliance Of ficer.
No company witnesses' were interviewed by the Compliance Officer.
Georgia Power,
Company has been totally denied an opportunity for input..and has been denied all rights of due process through~this procedure.
Any suggestion that the Company'or its counsel failed.to arrange for conciliation or an investigation.is totally unfounded and inaccurate.
The charge was filed on or about; February 6, 1990, but the Company'did not receive a copy until March 12, 1990. 'No meetings were held the week ~of March'12, 1990,,because the Company was discussing with the ' District Director its :
concerns about perceived bias by the Compliance Officer'.
During the week of March 19, 1990, no meetings were conducted because the Compliance Of ficer was unavailable. and. attending Department:
i-of Labor training sessions.
The District Director's. letter was dated the following Monday, March 26, 1990.
Thus, while specifically reserving all jurisdictional--
objections that may arise because of the improper conduct on the l.
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TROUTMA:, SANOCRS, LOCKERMAN & ASHMORC -
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l Chief Administrative Law Judge March 30,1990 Page 2 1
part of the investigator, Georgia Power Company hereby exercises i
its right to request appeal and a trial d_e, novo.
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Resp t
11 submitted I
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Jesse P.
chaudies,-Jr.
j Coun el.to. Georgia Power Company JPSJr./sm j
'u cc:
Mr.lMarvin Hobby (via' mail) 925 Melody Lane 3
Roswell, Georgia 30075 Mr. Richard'L. Gilbert.(via mail)
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Acting District Director j
United States Department of Labor.
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Room 668 l
1375 Peachtree Street-d I
Atlanta, Georgia 30367 i
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' ENCLOSURE ~2_
May 4, 1990 i
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Ms. Beverly Queen 4
Chief Docket. Clerk Of fice of Administicative Law Judges U. S. Department ef Labor-1111 20th1 Street,,N.W., Suite'700 Washington, DC 20036-In the Matter'of:. Marvin B. Hobbv V..Georeia Power'Comoany'.
Case No. 90-ERA-301 i
SOL Case No.-90-10455 t
Dear Ms. Queen:
1 i
Enclosed are.the originals and copies of a ' Motion to. Stay Proceedings for 20 Days and a. proposed Order..
Please file the original of the Motion and-present.the Order.to the1 Court for consideration.
If and when the. Order is ' signed andt i
entered, return to-us a conformed copy of each document,to show the date of filing.
As evidenced by the Certificate of Service, a copy of the:aforesaid has been served on all parties.
very truly yours, b
i Bobbye D. Spears Regional Solicitor f
C By:
Ken S. Welsch Counsel Enclosures cc:
Mr. Marvin B. Hobby Mr. Michael:E. Kohn.
~
Kohn, Kohn E-Colapinto, P;C.
9625 Melody Lane 517 Florida: Avenue, N.W.
Ros 11, GA 30075 Washington, DC' 20001
- r. Jesse P. Schaudies, Jr.
Troutman, Sanders, Lockerman j
& Ashmore i
-Candler Building, Suite 1400 127 Peachtree Street, N.E.
Atlanta, GA 30303-1810 l
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1 UNITED-STATES DEPARTMENT OF LABOR
. OFFICE OF-- ADMINISTRATIVE LAW ' JUDGES
.J l
i e-CASE NO..
In the Matter of:
90-ERA-30 MARVIN B. HOBBY,
.j Complainant,
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GEORGIA POWER COMPANY, l
Resp;ndent.
I MOTION TO STAY PROCEEDINGS FOR 20-DAYS Pursuant to 29 C.F.R.
518.6, Rules of Practice i and-Procedure for Administrative Hearings, the Administrator, Wage and Hour Division, U. S. Department of Labor, moves for a stay-of the proceedings in this matter for a period of not.more than 20 days l
l from the date of an order approving such stay.
As grounds for this.
Motion, the Administrator shows:
1.
The Administrator is charged with'the responsibility.
to investigate complaints filed pursuant' to a l210. of 1 the - Energy l
Reorganization Act of. 1974 -[42 U.S.C.
- 5801, 31 aga.,
5851),.
hereinafter the Act.
Pursuant to a complaint filed by complainant under l
2.
l the Administrator investigated this'. matter.
Jy letter the Act, l'
dated March 26, 1990,. Richard D. Gilbert, Acting District Director, Wage and Hour Division, issued the results of the Administrator's
)
E compliance action and r,oted that:
"At this point, no. fact-find'ing:
investigation:has been conducted.
Attempts to-make arrangements with > Georgia Power Company's ' attorney to: conduct one have f ailed.;
Therefore, all conclusions that follow are based upon information.
c supplied by Marvin Hobby."
-3.
In order to permit the - Administrator to ' receive and consider add'itional information provided by respondent;or others, the Administrator seeks a short. stay of. thes'e proceedings..
Upon the granting of suen stay, the Administrator.
4.
will afford interested persons the--
opportunity-to. present.
additional information.
Within 20 days, the; Administrator will notify the parties and this tribunal whether additional informationL has been received = and, if appropriate,- will amend or modify his March 26, 1990 findings notificatica letter:accordingly.
WHEREFORE, the Administrator requests that'his Motion to Stay Proceedings for 20 Days be granted.
ADDRESS:
-ROBERT P.
DAVIS Solicitor of Labor Office of the Solicitor U. S. Department of' Labor BOBBYE D.: SPEARS-1371 Peachtree Street, N.E..
Regional Solicitor Room 339 Atlanta, GA 30367-KEN S. WELSCH.
1 Counsel Telephone:
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(404) 347-4811 By:
-w m-(FTS) 347-4811
-NANCY J. SPIES Attorney'-
Attorneys for the.
Administrator, United States i
Department of Labor.
SOL Case'No. 90-10455 2
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UNITED STATES-DEPARTMENT OF: LABOR-OFFICE OF ADMINISTRATIVE LAW-JUDGES -
- L*<* *~ * * *_ * *
- 4 *._
- In the Matter of:
. CASE-NO.
90-ERA-30i 4
MARVIN B. HOBBY, 1
q Complainant, v.
GEORGIA POWER COMPANY, q
4 Respondent.
ORDER
.,i i
Upon motion of the Admin ~iitrator for> good cause shown, this matter is stayed for a period of not more than: 20; days-'to -.
permit the Administrator to receive additionalfinformation in.thisi matter and to notify the parties and this-tribunal accordingly.
This day of
,.1990.
i ADMINISTRATIVE LAW JUDGE d
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I
-CERTIFICATE-OF SE7VICE I certify that the foregoing Motion to Stay Proceedings
~
Days and proposed order-were served this 4th iday of May, for 20 1990, by mailing true copies thereof', by first class mail to:
Mr. MarviniB. Hobby.
9625 Melody _ Lane -
Roswell, GA 30075 g
4 Mr. Michael E.
Kohn Kohn, Kohn & Colapintoi P.C.
a 517 FloridaEAvenue, N.W.
- Washington, DC 20001' Mr. Jesse P. - Schaudies, Jr.
- Troutman, Sanders, Locnermans
& Ashmore Candler Building, Suite 1400 1
127-Peachtree Street, N.E._
Atlanta, GA 30303-1810
\\ __
%- Q,--
NANCY J.
SPIES-Attorney
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f SOL Case No. 90-10455 j
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9
q' tNCLOSURE 3 t
U;8. Departmentof Labor 5"5*"'*"'C"'**'******"
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- WeGe and How DMeeca 1878 Poaantree Street. N.E.
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CERTIFIED MAIL RETURN RECEIPT REQUESTED May 9,'1990 Mr. RichardLDahlberg, President Georgia Power Company 333 Piedmont Avenue, N.E..
Atlanta, Georgia 30303 RE:
Marvin B.
Hobby vs. Georgia Power Company-
Dear Mr. Dahlberg:
It is requested that'you furnish to this= office'by 51p.m.,'
May 18, 1990, any information_orfmaterials'you:wish.us to-consider concerning-the-above= subject.- Any information not, received by that time and'date will not be considered.
This date is necessary in order for the U.
S.
Department;of Labor,-
Wage and Hour' Division.to have all-determinations completed-in this regard by May 27, 1990.
Y Please be advised-that.any information or materials 2you provide-will not be kept confidential and.may;be divulged upon. proper-request..Any information'or material you request to be kept-confidential will be. returned to youJand not-considered.
You may make your submissions to:
Daniel W.
Bremer, District Director U.
S.
Department of Labor, ESA Wage and Hour Division 1375 Peachtree Street, N.
E.,
Room 668 Atlanta, Georgia
'30367 Sin erely, DANIEL
. BREMER District Director cc:
Mr. Michael E.
Kohn Kohn, Kohn and Colapinto, P.C.
517 Florida Avenue, N.
W.
Washington, D.
C.
20001 I
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8P.
nl cc:
Mr. Jesse P. Schaudies, Jr.-
Troutman,. Sanders, Lockerman-
.and Ashmore-Candler Building, Suite 1400 127 Peachtree Street, N. E.
Atlanta, Georgia 30303-1810 1
.so,-