No. II-09-070 December 23, 2009 

CONTACT: Roger Hannah (404) 562-4417 E-mail: OPA2@nrc.gov

 Joey Ledford (404) 562-4416 

NRC REACHES SETTLEMENT WITH TENNESSEE VALLEY AUTHORITY 

FOLLOWING MEDIATION SESSION 

The Nuclear Regulatory Commission has reached a settlement with the Tennessee Valley 

Authority in two cases involving apparent violations of the NRC’s employee protection rule at the 

utility’s Browns Ferry Nuclear Plant, located about 10 miles southwest of Athens, Ala. 

In the first case, a former contractor hired to work in Browns Ferry’s Nuclear Assurance 

organization was apparently terminated in June 2005, at least in part because he raised a safety 

concern to management. He had accused his manager of being “too close to the line organization” 

to effectively and independently perform his duties. 

In the second case, a TVA foreman was demoted to maintenance mechanic in 2008, 

apparently for raising a safety concern regarding the utility’s compliance with its Fitness for Duty 

program. The employee had questioned TVA management regarding their failure to perform forcause testing of two individuals who had been involved in an altercation in November 2007. As a 

result, the worker was required to complete a developmental training program and was subsequently 

prevented from serving as a foreman. 

A Confirmatory Order, issued Tuesday, outlines the settlement agreement, which was 

reached through the NRC’s alternative dispute resolution process. TVA agreed to a number of 

actions at the facility, including the implementation of a process to review proposed adverse 

employment actions before they are taken to ensure compliance with the employee protection rule. 

The utility also agreed to issue written communications to all its nuclear plants spelling out 

employees’ rights to raise concerns without fear of retaliation. The NRC acknowledged that TVA 

had taken numerous actions to address the issues underlying the apparent violations before the 

settlement agreement was reached. 

In recognition of the actions TVA agreed to take, which also includes a requirement to 

perform two additional independent safety culture surveys before the end of 2013, the NRC agreed 

to not propose a civil penalty nor issue a Notice of Violation or other enforcement action in either 

case. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II 

61 Forsyth Street SW, Atlanta GA 30303 

Web Site: www.nrc.gov 
The ADR process uses a neutral mediator with no decision-making authority to assist the 

NRC and its license holders in resolving differences regarding enforcement actions. Often, the ADR 

process is more effective than traditional enforcement in developing broad, long-term corrective 

actions, thus producing a greater benefit for employee and public safety than a one-time fine or 

other enforcement action. 

A copy of the Confirmation Order will be available on the NRC Web site at: 

http://www.nrc.gov/reading-rm/adams.html. 

 

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