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U. S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION III

801 Warrenville Road, Lisle IL 60532

CONTACT:    Jan Strasma (630) 829-9663/e-mail: rjs2@nrc.gov
Angela Greenman (630) 829-9662/e-mail: opa3@nrc.gov


NEWS ANNOUNCEMENT:  RIII-96-62               October 11, 1996
CONTACT:  Jan Strasma 630/829-9663
          Angela Dauginas 630/829-9662
          E-mail:  opa3@nrc.gov

  NRC STAFF PROPOSES $160,000 FINE AGAINST CENTERIOR SERVICE
CORP. FOR EMPLOYMENT DISCRIMINATION VIOLATIONS AT PERRY NUCLEAR
                            PLANT

     The Nuclear Regulatory Commission staff has proposed a
$160,000 fine against Centerior Service Company, operator of
the Perry Nuclear Power Station, for discriminating against six
workers who were seeking employment at the nuclear plant

     The six, who were employed as insulators, filed a
complaint with the U. S. Department of Labor, claiming that
they were denied access to the Perry plant because they were
involved in litigation against Centerior regarding an exposure
to a small amount of radioactive material while working at the
Davis-Besse Nuclear Power Station.  Perry is located at Perry,
Ohio, and Davis-Besse is at Oak Harbor.

     Because the six were denied access to the Perry facility,
five were not hired by Fischbach Power Services, Inc., a
contractor at Perry, and the sixth, already employed, was
terminated.

     A Department of Labor Administrative Law Judge, following
a hearing, issued a Recommended Decision and Order finding that
the actions of Centerior were in deliberate retaliation for the
filing of the civil litigation by the six workers.  The
decision was appealed by the utility and is pending before the
Department of Labor Administrative Review Board.

     NRC regulations prohibit an NRC licensee from
discriminating against an employee for engaging in certain
protected activities, including raising safety issues.  Based
on a review of the Department of Labor decision, the NRC staff
has determined that the action of the utility constituted
discrimination.

     "Such violations are very significant because they could
have a chilling effect on other licensee or contractor
personnel and deter them from identifying and/or raising safety
concerns," said NRC Regional Administrator A. Bill Beach in
notifying the utility of the proposed fine.

     The utility has until November 10 to respond to the Notice
of Violation, providing information on its corrective actions. 
Since the Department of Labor case is still pending before the
Administrative Review Board, the utility may delay its full
response to the Notice of Violation, including payment of the
proposed fine, until after the Department of Labor decision is
issued.  The utility may protest the fine, and, if it is
subsequently imposed by the NRC staff, the utility may request
a hearing.

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