EA-97-180 - Mattingly Testing Services, Inc.

September 15, 1998

EA 97-180

Mattingly Testing Services, Inc.
ATTN: Mark Mattingly, President
Post Office Box 3126
Great Falls, Montana 59403

(U.S. DOL Case 95-ERA-40 and OI Report No. 4-95-019S)

Dear Mr. Mattingly:

By letter dated October 31, 1997, and the attached Notice of Violation and Proposed Imposition of Civil Penalty (Notice), you were informed that based on the results of the NRC investigation completed on April 16, 1997, and the NRC's review of the U.S. Department of Labor Administrative Law Judge's Recommended Decision and Order dated March 11, 1997 (95-ERA-40), and the information received at the predecisional enforcement conference on August 13, 1997, Mattingly Testing Services, Inc. (MTSI) was in violation of 10 CFR 30.7(a) for discrimination against one of your employees for that employee engaging in protected activity. On January 30, 1998, you submitted your Reply to the Notice in which you denied that discrimination had occurred.

Upon further review of the facts underlying this case, your response including your Policy for the Cooperative Maintenance of a Safety Conscious Work Environment, submitted by letter dated August 28, 1998, and the differing OI reports and Department of Labor decisions, the NRC is terminating this matter without reaching a final decision on the merits. Accordingly, the NRC is withdrawing the October 31, 1997 Notice. The staff intends to reflect this withdrawal action in a future Information Notice. However, I must emphasize to you the importance of conducting your business in compliance with all NRC regulations, including the employee protection requirements contained in 10 CFR 30.7. We urge you follow your new guidance on the Safety Conscious Work Environment at MTSI and to remind your staff that they are free to raise safety concerns to you or to the NRC without fear of retaliation by MTSI for raising such safety concerns. A violation of 10 CFR 30.7 (a) in the future could lead to formal NRC enforcement action. Depending on the facts and circumstances, such action could be issued against MTSI, or to you as an individual, and prohibit MTSI, or you, from engaging in licensed activities.

You are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at the U.S. Nuclear Regulatory Commission, Office of Enforcement, 11555 Rockville Pike, Rockville, Md. 20852.

In accordance with Section 2.790 of the NRC's "Rules of Practice," Part 2, Title 10, Code of Federal Regulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR). A copy of this letter, and your response, if you choose to submit one, will be placed in the PDR.

If you have any questions or comments about this correspondence, or questions related to your compliance with NRC regulatory requirements, including compliance with 10 CFR 30.7, please do not hesitate to call Mr. Ross Scarano, NRC Region IV at (817) 860-8106.

Original Signed By
James Lieberman, Director
Office of Enforcement

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