ML040510044

Apparent Violation of Employee Discrimination Requirements (U.S. Department of Labor Administrative Review Board Case No.02-007)

ML040510044
Person / Time
Site:	Harris, Brunswick, Robinson
Issue date:	02/19/2004
From:	Congel F NRC/OE
To:	Hinnant C Carolina Power & Light Co
Starkey D
Shared Package
ml040580082	List: ML040510044
References
02-007, EA-04-028
Download: ML040510044 (6)

Text

February 19, 2004 EA-04-028 Carolina Power & Light Company ATTN: C. S. Hinnant Senior Vice President Nuclear Generation/CNO P. O. Box 1551 Raleigh, NC 27602

SUBJECT:

APPARENT VIOLATION OF EMPLOYEE DISCRIMINATION REQUIREMENTS (U.S. DEPARTMENT OF LABOR ADMINISTRATIVE REVIEW BOARD CASE NO.02-007)

Dear Mr. Hinnant:

This is in reference to an apparent violation of NRC requirements prohibiting discrimination against employees who engage in protected activities, i.e., 10 CFR 50.7. The apparent violation involves Carolina Power & Light Companys (CP&L) discriminatory actions against Mr. Richard M. Kester at CP&Ls Corporate Security Offices. This apparent violation was discussed with you on February 19, 2004.

The apparent violation is based on findings from a U.S. Department of Labor (DOL)

Administrative Review Board (ARB) proceeding (ARB Case No.02-007). The ARB found in its Final Decision and Order of Remand, issued September 30, 2003, that Richard M. Kester was the subject of employment discrimination in 1999 when CP&L terminated him in retaliation for raising concerns about a security breach at CP&Ls nuclear facilities. A copy of the ARBs Final Decision and Order of Remand is enclosed.

The NRC staff has reviewed the DOL findings and conclude that the action taken against Mr. Kester was in apparent violation of 10 CFR 50.7. Therefore, this apparent violation is being considered for escalated enforcement action in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The current Enforcement Policy is included on the NRCs Web site at www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy. The NRC is not issuing a Notice of Violation at this time; you will be advised by separate correspondence of the results of our deliberations on this matter.

Before the NRC makes its enforcement decision, we are providing you an opportunity to either:

(1) respond to the apparent violation within 30 days of the date of this letter or (2) request a predecisional enforcement conference. If a conference is held, it will be open for public observation, and will be held within 30 days of your receipt of this letter. The NRC will also issue a press release to announce the conference. Please contact Ms. Carolyn F. Evans, Regional Counsel/Enforcement Officer, at 404-562-4414, within 7 days of the date of this letter to notify the NRC of your intended response.

CP&L 2 Regardless of which option CP&L chooses, you should be aware that the predecisional enforcement conference is not a forum for relitigating the DOL decision. That decision was based on an adjudicatory hearing in which CP&L participated as a party. Therefore, we do not expect you to discuss in any detail the factual conclusions forming the basis for the DOL decision. Rather, our primary interest in conducting the conference will be to discuss actions CP&L has taken or is taking to address the environment for raising concerns at CP&L.

Should you choose to respond in writing, your response should be clearly marked as a "Response to An Apparent Violation and should include for the apparent violation:

(1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified, or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.

In addition, please be advised that the number and characterization of the apparent violations may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and its enclosure 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.

Sincerely,

/RA/

Frank Congel, Director Office of Enforcement Docket Nos.: 050-325, 050-324,050-261, 050-400 License Nos.: DPR-71, DPR-62, DPR-23, NPF-63

Enclosure:

Department of Labor Administrative Review Board Final Decision and Order of Remand, dated September 30, 2003.

CP&L 3 cc w/encl:

Mr. James Scarola Vice President - Harris Plant Shearon Harris Nuclear Power Plant P. O. Box 165, Mail Code: Zone 1 New Hill, North Carolina 27562-0165 Mr. John Moyer Vice President - Robinson Plant H. B. Robinson Steam Electric Plant Unit 2 3851 West Entrance Road Hartsville, SC 29550 Mr. C. J. Gannon Vice President Brunswick Steam Electric Plant P. O. Box 10429 Southport, NC 28461-0429 James W. Holt, Manager Performance Evaluation and Regulatory Affairs CPB 9 Carolina Power & Light Company Electronic Mail Distribution Robert J. Duncan II Director of Site Operations Carolina Power & Light Company Shearon Harris Nuclear Power Plant Electronic Mail Distribution Benjamin C. Waldrep Plant General Manager--Harris Plant Carolina Power & Light Company Shearon Harris Nuclear Power Plant Electronic Mail Distribution Terry C. Morton, Manager Support Services Carolina Power & Light Company Shearon Harris Nuclear Power Plant Electronic Mail Distribution John R. Caves, Supervisor Licensing/Regulatory Programs Carolina Power & Light Company Shearon Harris Nuclear Power Plant Electronic Mail Distribution John H. ONeill, Jr.

Shaw, Pittman, Potts & Trowbridge 2300 N. Street, NW Washington, DC 20037-1128 Peggy Force Assistant Attorney General State of North Carolina Electronic Mail Distribution Public Service Commission State of South Carolina P. O. Box 11649 Columbia, SC 29211 Robert P. Gruber Executive Director Public Staff NCUC 4326 Mail Service Center Raleigh, NC 27699-4326 Herb Council, Chair Board of County Commissioners of Wake County P. O. Box 550 Raleigh, NC 27602 Tommy Emerson, Chair Board of County Commissioners of Chatham County Electronic Mail Distribution Chris L. Burton Director, Site Operations Carolina Power & Light Company H. B. Robinson Steam Electric Plant Electronic Mail Distribution T. P. Cleary Plant General Manager Carolina Power & Light Company H. B. Robinson Steam Electric Plant Electronic Mail Distribution

CP&L 4 cc w/encl (continued):

C. T. Baucom, Supervisor Licensing/Regulatory Programs Carolina Power & Light Company H. B. Robinson Steam Electric Plant Electronic Mail Distribution J. F. Lucas, Manager Support Services - Nuclear Carolina Power & Light Company H. B. Robinson Steam Electric Plant Electronic Mail Distribution Henry J. Porter, Director Div. of Radioactive Waste Mgmt.

Dept. of Health and Environmental Control Electronic Mail Distribution R. Mike Gandy Division of Radioactive Waste Mgmt.

S. C. Department of Health and Environmental Control Electronic Mail Distribution Beverly Hall, Acting Director Division of Radiation Protection N. C. Department of Environment, Health and Natural Resources Electronic Mail Distribution Steven R. Carr Associate General Counsel - Legal Dept.

Progress Energy Service Company, LLC Electronic Mail Distribution Chairman of the North Carolina Utilities Commission c/o Sam Watson, Staff Attorney Electronic Mail Distribution W. C. Noll, Director Site Operations Brunswick Steam Electric Plant Carolina Power & Light Electronic Mail Distribution David H. Hinds Plant Manager Brunswick Steam Electric Plant Carolina Power & Light Company Electronic Mail Distribution Edward T. ONeil, Manager Support Services Carolina Power & Light Company Brunswick Steam Electric Plant Electronic Mail Distribution Lenny Beller, Supervisor Licensing/Regulatory Programs Carolina Power and Light Company Electronic Mail Distribution William D. Johnson Vice President & Corporate Secretary Carolina Power and Light Company Electronic Mail Distribution Donald E. Warren Brunswick County Board of Commissioners P. O. Box 249 Bolivia, NC 28422 Warren Lee Emergency Management Director New Hanover County Department of Emergency Management P. O. Box 1525 Wilmington, NC 28402-1525

ML040510044 FILE NAME: G:\\OECASES\\CP&L Choice Ltr.wpd

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Non-Sensitive OFFICE ES:OE OGC DD:OE D:OE NAME D. Starkey D. Dambly*

J. Luehman F. Congel DATE 02/11/04 02/11/04 02/13/04 02/17/04