EA-95-252- Sequoyah (Tennessee Valley Authority)

April 16, 1998

EA 95-252

Tennessee Valley Authority
ATTN: Mr. O. J. Zeringue
Chief Nuclear Officer and
Executive Vice President
1101 Market Street
Chattanooga, Tennessee 37402-2801

SUBJECT:

WITHDRAWAL OF NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY – DEPARTMENT OF LABOR (DOL) CASE NOS. 92-ERA-019 and 92-ERA-034 (FRADY)

Dear Mr. Zeringue:

As indicated in your letter of March 23, 1998, the judicial review of Department of Labor (DOL) Case Nos. 92-ERA-019 and 92-ERA-034 involving Mr. Randolph Frady has been completed. Mr. Frady had filed a complaint claiming he had been subjected to discrimination when he was not selected for several positions for which he had applied at the Watts Bar and Sequoyah Nuclear Plants. The Secretary of Labor issued a decision finding that Tennessee Valley Authority (TVA) discriminated against Mr. Frady, and damages were subsequently affirmed by the Administrative Review Board. TVA appealed and the U.S. Court of Appeals for the Sixth Circuit issued its decision on January 12, 1998. The decision reversed the Secretary of Labor's finding of discrimination in the subject cases and vacated the orders of the Secretary and the Administrative Review Board. A final mandate in the cases was issued on March 10, 1998.

Based on the decision of the U.S. Court of Appeals and the fact that neither Mr. Frady nor the DOL has requested a rehearing, the NRC withdraws the Notice of Violation and Proposed Imposition of Civil Penalty (Notice) issued by NRC in a letter dated February 20, 1996 with regard to the subject cases. As you are aware, by letter dated April 4, 1996, the NRC deferred issuance of an order imposing a civil penalty in these cases until a decision was issued on the appeal. Therefore, withdrawal of the Notice completes the action with regard to this case, and the case is considered closed.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice", a copy of this letter will be placed in the NRC Public Document Room.

Sincerely, Luis A. Reyes Regional Administrator

Docket Nos. 50-327, 328, 390 and 391
License Nos. DPR-77, 79, NPF-90, and CPPR-92

cc:
Mr. Randolph Frady
242 Hightower Road
Soddy-Daisy, TN 37379

U. S. Department of Labor - OSHA
Atlanta Federal Center
61 Forsyth Street, SW, Room 6T50
Atlanta, GA 30303-3415

Department of Labor
Associate Solicitor
Division of Fair Labor Standards
U. S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

U. S. Department of Labor - OSHA
ATTN: Assistant Secretary
200 Constitution Avenue, N.W.
Washington, DC 20210

J. A. Scalice
Senior Vice President
Nuclear Operations
Tennessee Valley Authority
6A Lookout Place
1101 Market Street
Chattanooga, TN 37402-2801

Jack A. Bailey, Vice President
Engineering and Technical Services
Tennessee Valley Authority
6A Lookout Place
1101 Market Street
Chattanooga, TN 37402-2801

Masoud Bajestani
Site Vice President
Sequoyah Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Soddy-Daisy, TN 37379

General Counsel
Tennessee Valley Authority
ET 10H
400 West Summit Hill Drive
Knoxville, TN 37902

Raul R. Baron, General Manager
Nuclear Assurance
Tennessee Valley Authority
4J Blue Ridge
1101 Market Street
Chattanooga, TN 37402-2801

Mark J. Burzynski, Manager
Nuclear Licensing
Tennessee Valley Authority
4J Blue Ridge
1101 Market Street
Chattanooga, TN 37402-2801

Pedro Salas, Manager
Licensing and Industry Affairs
Sequoyah Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Soddy-Daisy, TN 37379

J. T. Herron, Plant Manager
Sequoyah Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Soddy Daisy, TN 37379

Michael H. Mobley, Director
Division of Radiological Health
3rd Floor, L and C Annex
401 Church Street
Nashville, TN 37243-1532

County Executive
Hamilton County Courthouse
Chattanooga, TN 37402

Richard T. Purcell
Site Vice President
Watts Bar Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Spring City, TN 37381

Paul L. Pace, Manager
Licensing
Watts Bar Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Spring City, TN 37381

William R. Lagergren, Plant Manager
Watts Bar Nuclear Plant
Tennessee Valley Authority
P. O. Box 2000
Spring City, TN 37381

County Executive
Rhea County Courthouse
Dayton, TN 37321

County Executive
Meigs County Courthouse
Decatur, TN 37322