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Federal Nuclear Engineer Loses Whistleblower Retaliation Appeal

April 30, 2021, 3:57 PM

A Nuclear Regulatory Commission engineer who blew the whistle on health and safety risks at a nuclear power plant can’t sue the Department of Labor for alleged retaliation because it’s shielded by sovereign immunity, the Fourth Circuit said Friday.

Michael Peck worked as senior resident inspector at the Diablo Canyon Nuclear Power Plant. After he left the plant, Peck took three actions regarding concerns he had with safety conditions there—he filed a formal “differing professional opinion” with the NRC; sent a letter to the Senate Committee on Environment and Public Works, which oversees the NRC; and provided testimony to the...

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