Few issues have so engaged the attention of nuclear industry regulators and industry officials as the operation of the federal system to protect employees who raise safety concerns. The actions that a utility takes in response to employee concerns affect its reputation with regulators, which, in turn, influences the amount of trust that regulators afford the utility when employee allegations are made against it. This is especially true for a utility that is a regulated organization licensed to operate a nuclear reactor-a 'licensee.' The Nuclear Regulatory Commission (NRC), as the government agency responsible for the regulation of the nuclear power industry, asserts that establishing and maintaining a safety-conscious work environment that encourages employees to identify and help resolve concerns is crucial for maintaining plant safety. Protection processes were established within NRC and the Department of Labor to encourage nuclear industry employees to raise safety concerns with their employers or with NRC or others without fear of discrimination. Section 211 (formerly section 210) of the Energy Reorganization Act of 1974 (ERA), as amended (42 U.S.C. 5851), makes it unlawful for an employer to discriminate against an employee who has 'blown the whistle' by engaging in one or more 'protected activities' related to reporting safety concerns.
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