1 Special appearances were made at
the hearing by James R.
Pope, Seq., and Ronald J. Brothers, Esq., on behalf of Public
Service Company of Indiana, Inc., the owner of the Marble Hill
nuclear power facility; Stephen H. Lewis, Regional Counsel of
the United States Nuclear Regulatory Commission, representing
witness John J. Harrison; and Curtis M. Jacobs; Esq., representing
witness Keith Ewing. None of the attorneys who made
special appearances actively participated in the litigation of
this case.
2 In this Decision and Order,
"Admin. Ex." refers to Administrative
exhibits; "Compl. Ex.' refers to Complainant's exhibits;
and "Resp. Ex." refers to Respondent's exhibits. Unless
otherwise noted, all dates will be for the calendar year 1983.
3 Apparently, due to allegations
concerning defective weld
joints made by Landers to the NRC following the date of his
termination, certain construction work was voluntarily
suspended at the Marble Hill facility by PSI in late January.
4 The disposition date of Landers'
January 4 nonconformance
report was January 28 (Resp. Ex. 24), and that of his January
10 nonconformance report was January 30 (Resp. Ex. 23).
5 McClesky testified, and the
evidence in this case shows,
that he was terminated ostensibly for the same reasons advanced
to justify termination of Landers. Therefore, I do not
consider his termination date as reflecting on the average length
of time other contract employees have worked. However, no
finding is otherwise made with respect to the legality of
McClesky's termination, and it is specifically noted that
McClesky did not file a complaint against the Respondent,
and any such complaint would now be time barred by the Act.
6The evidence reflects that
Complainant was paid for the
day following his termination.