ML043240171

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Request for Withdrawal of Notice of Violation
ML043240171
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 11/18/2004
From: Congel F
NRC/OE
To: Stall J
Florida Power & Light Co
Starkey D
References
EA-00-230
Download: ML043240171 (4)


Text

November 18, 2004 EA-00-230 Florida Power & Light Company ATTN: Mr. J. A. Stall Senior Vice President of Nuclear Operations PO Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

REQUEST FOR WITHDRAWAL OF NOTICE OF VIOLATION

Dear Mr. Stall:

This is in response to your October 14, 2004, letter requesting that the Nuclear Regulatory Commission (NRC) withdraw a Notice of Violation (NOV), issued to Florida Power & Light Company on June 5, 2003, in light of the Commissions decision in Tennessee Valley Authority (Watts Bar Nuclear Plant Unit 1, et al.) CLI-04-24, August 18, 2004. The NOV was based on a determination that FPL had discriminated against an FPL employee. Our determination was based on a Final Decision and Order, issued by the Department of Labor (DOL) Administrative Review Board on February 27, 2003.

The staff does not intend to reopen closed enforcement actions based on Commission decisions that are issued after an enforcement matter is closed unless expressly directed to do otherwise. Therefore, your request for withdrawal of the subject NOV is denied.

If you have any questions about this letter, please contact Mr. Doug Starkey at 301-415-3456.

Sincerely,

/RA/

Frank J. Congel, Director Office of Enforcement Docket Nos. 50-250, 50-251 License Nos. DPR-31, DPR-41

FPL 2

cc:

T. O. Jones Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution Walter Parker Licensing Manager Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution Michael O. Pearce Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution David Moore, Vice President Nuclear Operations Support Florida Power & Light Company Electronic Mail Distribution Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company Electronic Mail Distribution M. S. Ross, Managing Attorney Florida Power & Light Company Electronic Mail Distribution Marjan Mashhadi, Senior Attorney Florida Power & Light Company Electronic Mail Distribution Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32304 William A. Passetti Bureau of Radiation Control Department of Health Electronic Mail Distribution

FPL 3

County Manager Metropolitan Dade County Electronic Mail Distribution Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs Electronic Mail Distribution Curtis Ivy City Manager of Homestead Electronic Mail Distribution

Distribution:

L. Chandler, OGC Enforcement Coordinators RI, RIII, RIV D. Starkey, OE S. Sparks, RII V. McCree, RII L. Plisco, RII J. Munday, RII C. Evans, RII PUBLIC OEMAIL OEWEB

  • see previous concurrence OFFICE OE OGC*

DD:OE DD:OE NAME D. Starkey B. Jones J. Luehman F. Congel DATE 11/17/04 11/18/04 11/18/04 11/18/04 OFFICIAL RECORD COPY DOCUMENT NAME: K:\\Document Processing Center_Ascent\\ADAMSP8-2039\\downloads\\101 - 200\\153\\ML043240171.wpd