NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 801 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov E-mail: opa3@nrc.gov

No. III-05-007 February 28, 2005

CONTACT: Jan Strasma (630) 829-9663 

Viktoria Mitlyng (630) 829-9662 

NRC PROPOSES $55,000 FINE FOR DISCRIMINATION AGAINST PERRY

The Nuclear Regulatory Commission staff has proposed a $55,000 fine against FirstEnergy

Nuclear Operating Company for a violation of employee protection requirements at the Perry Nuclear

Power Plant, located at Perry, Ohio.

The fine stems from a 2000 incident involving three painters employed by Williams Power

Corporation, a contractor at the plant, and their management. The workers contacted a Perry

maintenance supervisor and ombudsman with concerns about the directions they received from their

supervisor that would violate a plant procedure for painting in the Fuel Handling Building.

Immediately afterwards, the site superintendent for Williams Power threatened the painters with

termination if they did not volunteer for a layoff. As a result, two painters were laid off and the third

was forced to resign.

An investigation by the NRC Office of Investigations concluded that raising this issue with

FirstEnergy was a contributing factor in the layoff of the three painters by the contractor. The NRC’s

regulations protect the right of workers at nuclear power plants to voice safety concerns without fear of

reprisal.

NRC Regional Administrator James Caldwell, in notifying the utility of the proposed fine, said 

this action by the NRC should “emphasize the need for prompt identification of violations” and “the

importance of a workforce that is free of employment discrimination.”

In a separate action by the NRC, the Williams Power supervisor has been barred from NRClicensed activities for three years for deliberately providing false information during the NRC’s

investigation associated with the discrimination against the three workers. The NRC’s Office of

Investigations referred the case to the U.S. Department of Justice; the supervisor was subsequently

charged with providing false information to the NRC and pleaded guilty to the felony charge in July

2004.

A Notice of Violation has also been issued to Williams Power Corporation for descrimination

against the three workers and for deliberately providing false information during the NRC’s

investigation. It requires the company to provide written statements addressing the reasons for these

violations, steps taken to correct the problems and the results achieved; corrective steps that will be

taken to avoid further violations; and the date when full compliance will be achieved.
FirstEnergy has taken corrective actions including a site survey of the safety conscious work

environment; revising bid specifications and contracts to include added references to employee

protection and safety conscious work environment; including safety conscious work environment into

ongoing supervisor training; and establishing a special department to provide oversight of the

employee concerns program. Additionally Williams Power Corporation established a written policy

statement that it would not tolerate employment discrimination.

The notices to the utility and Williams Power Corp. on the enforcement actions will be

available online at http://www.nrc.gov/what-we-do/regulatory/enforcement/current.html and from the

NRC Region III Office of Public Affairs.

The utility has until March 28 to pay the fine or to protest it. If the fine is protested and

subsequently imposed by the NRC staff, the utility may request a hearing.

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