[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70892-70893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6450]
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NUCLEAR REGULATORY COMMISSION
[EA-01-082 and EA-04-172]
In the Matter of: Williams Industrial Services Group, LLC, 2076
West Park Place, Stone Mountain, GA 30087; Confirmatory Order
(Effective Immediately)
Williams Industrial Services Group, LLC, (Williams) and its
subsidiaries (collectively known as Williams Group) perform services
for multiple reactor facilities regulated by the U.S. Nuclear
Regulatory Commission (NRC or Commission). Williams assumed the
contractual obligations of Williams Service Group, LLC, formerly known
as Williams Power Corporation (WPC), relating to services performed for
NRC licensees. Williams' headquarters are located in Stone Mountain,
Georgia.
On May 22, 2000, the NRC's Office of Investigations (OI) began an
investigation into alleged employment discrimination, during March
2000, by WPC at FirstEnergy Nuclear Operating Company's (FENOC) Perry
and Davis-Besse Nuclear Power Plants. A predecisional enforcement
conference (PEC) was held with FENOC and WPC at the NRC Region III
office on September 26, 2001. Subsequent to the PEC, a supplemental
investigation was conducted by OI Report No. 3-2000-025S and an
apparent violation concerning the completeness and accuracy of
information was identified during that investigation.
On February 24, 2005, the NRC staff issued Notices of Violation
(Notices) to FENOC and to WPC. The NRC also issued an order on February
25, 2005, to the supervisor prohibiting involvement in NRC-licensed
activities for three years for deliberately providing materially
inaccurate information to the NRC in violation of 10 CFR 50.5(a)(2).
The Notice to WPC described violations of 10 CFR 50.7, ``Employee
protection,'' for discrimination and of 10 CFR 50.5(a)(2), ``Deliberate
misconduct,'' for deliberate inaccurate statements to the NRC. The NRC
also informed WPC that FENOC had been offered an opportunity to pursue
resolution of the 10 CFR 50.7 violation with alternative dispute
resolution (ADR). In ADR, a neutral mediator with no decision-making
authority facilitates discussions between concerned parties to assist
them in reaching an agreement on resolving concerns. If FENOC had
elected to enter into ADR, the NRC would have offered WPC an
opportunity to participate. FENOC did not elect to enter into ADR, and
on March 28, 2005, FENOC admitted to the 10 CFR 50.7 violation.
In a letter dated March 25, 2005, Williams Service Group, LLC (WSG)
disputed the violations cited against WPC. On April 15, 2005, WSG
requested an opportunity to enter into ADR with the NRC in order to
resolve the violations cited in the Notice. The NRC granted the
request, and on July 26, 2005, the NRC and WSG met at NRC Headquarters
in Rockville, Maryland, at which time a settlement was reached.
Based upon the corrective actions taken as documented in the WSG
letter dated March 25, 2005, and the commitments noted in Section IV
below, the NRC hereby withdraws the 10 CFR 50.5(a)(2) violation cited
against WPC on February 24, 2005. In addition, the 10 CFR 50.7
violation, originally issued as severity level III, is hereby re-
characterized as a violation without severity level specified.
By letter dated March 25, 2005, and as further discussed during the
July 26, 2005, ADR meeting, Williams stated that it already had taken
steps to enhance awareness of and compliance with its safety conscious
work environment (SCWE) program at NRC-license facilities. These
completed actions include: (1) Enacting a new SCWE policy approved by
the Williams Board of Directors in August 2002, (2) ensuring that new
employees receive site-specific information on Williams' SCWE policy as
well as ways to raise safety concerns to Williams supervision,
licensees and the NRC, and (3) conducting more-detailed SCWE training
sessions to employees facilitated by Williams' senior management.
Furthermore, by letter dated September 2, 2005, Williams stated that,
in addition to the actions already taken to enhance awareness of and
compliance with its SCWE program, Williams agrees to take certain
additional corrective measures as noted in Section IV of this
Confirmatory Order.
On October 25, 2005, Williams consented to the NRC issuing this
Confirmatory Order with the commitments, as described in Section IV
below. Williams further agreed in its October 28, 2005, letter that
this Order is to be effective upon issuance and that it has waived its
right to a hearing. The NRC has concluded that its concerns can be
resolved through NRC's
[[Page 70893]]
confirmation of the commitments as outlined in this Order.
I find that Williams' commitments as set forth in Section IV are
acceptable and necessary and conclude that with these commitments the
public health and safety are reasonably assured. In view of the
foregoing, I have determined that the public health and safety require
that the Williams' commitments be confirmed by this Order. Based on the
above and the Williams' consent, this Order is immediately effective
upon issuance. Williams is required to provide the NRC with a letter
summarizing its actions by no later than eight months from the date of
the Confirmatory Order.
Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Part 50, It is hereby ordered,
effective immediately, that:
By no later than six months from the date of issuance of the
Confirmatory Order, unless otherwise stated, Williams Industrial
Services Group, LLC, will:
1. Broadly communicate throughout Williams Group the false
statement issue and its consequences, including the consequences to the
involved WPC Site Supervisor.
2. Modify its existing ``Ethics Policy'' to include an explicit
reference to the necessity for complete and candid communications with
government agencies.
3. Incorporate the revised Ethics Policy into all future SCWE
training by Williams Group.
4. Require its General Counsel to conduct a comprehensive review of
industry SCWE ``best practices'' and compare these practices with the
existing Williams Group program in order to ensure that the Williams
Group program incorporates industry trends and developments.
5. Continue its existing SCWE training program and train all
Williams Group supervisory and management level employees involved in
nuclear work. The training program will incorporate both 10 CFR 50.5
and 10 CFR 50.7 awareness. Additionally, Williams will ensure that on-
site employees are provided SCWE training either from the licensee or
from the Williams Group site project manager upon badging at a licensed
facility.
6. Engage an independent auditor to perform an audit of Williams
Group's SCWE training, within 12 months of issuance of the Confirmatory
Order and every year thereafter for a total of three years, in order to
ensure the effectiveness of the SCWE program. At the conclusion of the
three years independent audit cycle, Williams Group will institute
internal audits, as described in item 7 below.
7. Require that Williams internal auditing function conduct annual
audits of the SCWE training program in order to ensure and verify that
all Williams Group managers, supervisors and contractor employees
receive and acknowledge SCWE, 10 CFR 50.5, and 10 CFR 50.7 training.
8. Ensure that the results of each audit are provided to senior
Williams Group management for appropriate action, and that the results
of both the independent audit and subsequent Williams' analysis and/or
actions are made available to the Commission for review upon request.
Towards this end, Williams will notify the Commission when the audits
and management responses are complete and documented.
9. Designate a manager whose responsibilities include overall
administration of the SCWE program. This manager will be responsible
for ensuring that the program is being communicated to all Williams
Group site and contract employees, the program is up-to-date and
incorporates best practices, the audits described above take place as
scheduled, results of audits are communicated to senior management, and
appropriate followup is performed and corrective actions are taken
based upon the audit findings. This manager will report directly to the
Williams president for these SCWE activities.
10. Require its General Counsel to review employment practices as
they relate to SCWE policy, in order to ensure that all Williams Group
employment practices are consistent with 10 CFR 50.7.
11. Modify its performance appraisal system to ensure that
performance appraisals for Williams Group site supervisors/project
managers at NRC-licensed facilities include a rating factor that
addresses implementation of the SCWE program.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by Williams
Industrial Services Group, LLC, of good cause.
Any person adversely affected by this Confirmatory Order, other
than Williams Industrial Services Group, LLC, may request a hearing
within 20 days of its issuance. Where good cause is shown,
consideration will be given to extending the time to request a hearing.
A request for extension of time must be made in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a statement of good cause for the
extension. Any request for a hearing shall be submitted to the
Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and
Adjudications Staff, Washington, DC 20555. Copies also shall be sent to
the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address, to the
Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite
210, Lisle, IL 60532-4351, and to Williams Group. Because of potential
disruptions in delivery of mail to United States Government Offices, it
is requested that requests for hearing be transmitted to the Secretary
of the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected] and also to the Office of
the General Counsel either by means of facsimile transmission to 301-
415-3725 or by e-mail to [email protected]. If a person requests a
hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section IV shall be final when the extension expires if a
hearing request has not been received. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
For the Nuclear Regulatory Commission.
Dated this 15th day of November, 2005.
Michael R. Johnson,
Director, Office of Enforcement.
[FR Doc. E5-6450 Filed 11-22-05; 8:45 am]
BILLING CODE 7590-01-P