United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-98-15 February 10, 1998

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NOTE TO EDITORS:

The Nuclear Regulatory Commission issued the attached letter to Northeast

Utilities Service Company today regarding potential discrimination at Millstone Station.

The letter requires that NU respond, within 30 days, under oath and affirmation.

#

enc: as stated
February 10, 1998

EA 98-055

Mr. Bruce D. Kenyon, President

and Chief Executive Officer - Nuclear Group

Northeast Utilities Service Company

P.O. Box 128

Waterford, CT 06385

SUBJECT: POTENTIAL DISCRIMINATION

Dear Mr. Kenyon:

On January 29, 1998, the U.S. Nuclear Regulatory Commission (NRC) became aware

of a memorandum developed by your Nuclear Oversight managers dated January 11,

1998, that stated, "inability to ‘isolate’ cynics from group culture." The language was

not consistent with encouraging a questioning attitude necessary for fostering a safetyconscious work environment (SCWE). Further, the language used in the memorandum

involved a potential violation of the employee protection provisions set forth in 10 CFR

50.7(f) as it may be perceived as establishing a condition of employment that would

discourage employees from being engaged in protected activity. This could have a

chilling effect on licensee or contractor personnel, in that these statements might deter

them from identifying any nuclear safety-related concerns. We recognize that you have

initiated an independent investigation into this matter to understand what occurred.

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 regulatory enforcement

actions are appropriate, 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:

1. Your position regarding whether the actions described above violated 10 CFR

50.7 and the basis for your position, including a copy of any investigation that

supports your position as well as any other investigations that addresses why

this memorandum was written, distribution and release of the memorandum, and

its impact on your employees, and contractor employees;

2. Your assessment of how this incident occurred in light of your efforts to improve

your SCWE and actions you have already 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, as discussed

in NRC Form 3, to the NRC; and

B. D. Kenyon

3. Your assessment of the need to take remedial action to prevent a recurrence of

this event and if you conclude action is needed, describe such action and your

schedule for achieving it.

We recognize that you may not believe that either unlawful discrimination or

inappropriate conduct has occurred. Regardless of your answer to item 1 above, 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.

Your response should not, to the extent possible, include any personal privacy,

proprietary, or safeguards information, so that it can be released to the public and

placed in the NRC Public Document Room. 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 basis 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).

After reviewing your response, the NRC will determine whether enforcement action is

necessary at this time to ensure compliance with regulatory requirements. In

accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter

and your response will be placed in the NRC Public Document Room.

The responses directed by this letter are not subject to the clearance procedures 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:

William D. Travers, Director

Special Projects Office
Office of Nuclear Reactor Regulation

Docket Nos. 50-245, 50-336, and 50-423

License Nos. DPR-21, DPR-65, and NPF-49