June 14, 2005
Preliminary Notice of Violation issued to Safety and Ecology Corporation related to a 10 CFR Part 708 Violation at the Portsmouth Gaseous Diffusion Project
This letter refers to the recent investigation by the Department of Energy’s (DOE) Office of Price-Anderson Enforcement (OE) involving a contractor employee protection issue at the Portsmouth site. 10 CFR 708, “DOE Contractor Employee Protection Program,” has been designated a nuclear safety regulation by DOE and, thus, it is enforceable under the Price-Anderson Amendments Act [See 64 FR 12861,12863 (1999)]. Pursuant to the structure of the regulation, a finding of contractor retaliation against an employee for raising nuclear safety issues by the DOE Office of Hearings and Appeals (OHA) or the U.S. Department of Labor (DOL) constitutes an independent per se nuclear safety violation.