2010 Non-Licensee Actions
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On September 10, 2010, a Confirmatory Order (effective immediately) was issued against Stone & Webster Construction, Inc. (S&W) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on August 24, 2010. By letter dated June 2, 2010, the NRC identified an apparent violation of 10 CFR 50.7 based on the United States Department of Labor (DOL) Administrative Review Board's (ARB) September 24, 2009 Final Decision and Order of Remand (ARB Case No. 06-041). That ARB decision reversed a January 9, 2006 DOL Administrative Law Judge's (ALJ) recommended decision where the ALJ issued a Proposed Decision and Order (ALJ Case No. 2005-ERA-6), concluding that S&W had not retaliated against a former painter foreman at the Browns Ferry Nuclear Power Plant.
As part of the settlement agreement, S&W agreed to take a number of actions, including: (1) issuing a written communication from a senior S&W Power executive to reiterate, among others, the company's policy on Safety Conscious Work Environment (SCWE) at all S&W nuclear construction and maintenance sites; (2) ensuring that an Executive Review Board reviews certain proposed adverse actions for compliance with applicable employee protection requirements and to assess and mitigate the potential chilling effect at all S&W nuclear maintenance sites; (3) revising the company's SpeakUp program brochure to explicitly identify safety concerns as within the scope of the program; (4) conducting SCWE surveys of its employees, including craft, at all of its nuclear maintenance sites; (5) ensuring that SCWE training is provided to all of its nuclear maintenance supervisors and above; and (6) collecting, reviewing and assessing data collected through the company's various programs for SCWE trends. In exchange for these actions, the NRC agreed not to pursue further action relating to this matter.