ML081750713
| ML081750713 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/07/2008 |
| From: | Giitter J Plant Licensing Branch III-2 |
| To: | Saporito T - No Known Affiliation |
| Tracey Orf 301-415-2788 | |
| Shared Package | |
| ML081750693 | List: |
| References | |
| 2.206, G20080317, OEDO-2008-0362 | |
| Download: ML081750713 (5) | |
Text
July 7, 2008 Mr. Thomas Saporito Citizen of the United States of America 1030 Military Tr. #25 Jupiter, Florida 33458
Dear Mr. Saporito:
Your letter dated April 27, 2008, and addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC), has been referred to the Office of Nuclear Reactor Regulation pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the Commissions regulations.
Concerning inattentive security guards employed by Wackenhut Nuclear Services (WNS) at the Florida Power and Light Company (Licensee) Turkey Point Nuclear Stations (TPN), you request the following:
- 1. The undersigned United States Citizen, Thomas Saporito, hereinafter, (Petitioner) requests that the NRC take actions to immediately suspend the Licensees operating licenses DPR-31 and DPR-41 until such time as the Licensee can demonstratively demonstrate to the NRC and to the general public that the it is in full compliance with 10 CFR 73.55(f)(1);
- 2. The Petitioner requests that the NRC issue a Notice of Violation with a
$500,000 Civil Penalty to WNS for its part in violating 10 CFR 73.55(f)(1);
- 3. The Petitioner requests that the NRC increase the amount of the Civil Penalty Imposed on the Licensee from $130,000 to $1,000,000.
- 4. The Petitioner requests that the Licensee not be allowed to participate in the NRC Alternative Dispute Resolution (ADR) (NUREG/BR-0317) program.
- 5. The Petitioner requests that the WNS not be allowed to participate in the NRC Alternative Dispute Resolution (ADR) (NUREG/BR-0317) program.
- 6. The Petitioner requests that the NRC Order the Licensee to post this 2.206 Petition at TPN and at the Licensees St. Lucie Nuclear Stations.
- 7. Petitioner request that the NRC hold a public hearing granting Petition Leave to Intervene in such hearing regarding the substance of this 2.206 petition.
As the basis for your requests, you restate many of the findings of the April 9, 2008, Notice of Violation and Proposed Imposition of Civil Penalty - $130,000 (EA-07-138) issued to the Licensee. Additionally, you cite requirements found at 10 CFR 73.55 for physical protection of licensed activities at nuclear power reactors and that security guards must be capable of continuous communication with a manned alarm station.
Thomas Saporito In accordance with Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, your letter was referred to a Petition Review Board (PRB). The PRB met on May 22, 2008 and its initial recommendation was to not accept your letter for review in the 10 CFR 2.206 process.
This initial recommendation was conveyed to you in a telephone call by Tracy Orf, the petition manager, on May 22, 2008. On May 30, 2008, you addressed the PRB in a transcribed teleconference. The transcript of that teleconference is available through the NRC Agencywide Documents Access and Management System (ADAMS) with the accession number ML081650438.
Our PRB reviewed your submittal and other information, including the transcript of the transcribed teleconference, in accordance with Management Directive 8.11. The NRC staff has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206.
Specifically, requests numbered one through three do not meet the criteria for consideration in the 10 CFR 2.206 process because the concerns you raised have already been the subject of NRC review and evaluation for which resolution was achieved in EA-07-138, and because you provided no significant new information to warrant reopening or reconsidering that enforcement action. Additionally, requests numbered four through seven are not for enforcement-type actions and thus do not meet the criteria for acceptance in the 10 CFR 2.206 process.
The NRC staff recognizes that the Licensees forthcoming response to EA-07-138 may yield additional information upon which you may wish to comment or engage the NRC staff. Although your letter of April 27, 2008, will not be accepted for review in the 10 CFR 2.206 process, you may provide comments regarding the Licensees response to Mr. Tracy Orf at U.S. Nuclear Regulatory Commission, One White Flint North, Mailstop O-8-G9A, 11555 Rockville Pike, Rockville, Maryland 20852-2738.
Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Tracy Orf at the above address or at (301) 415-2788.
Sincerely, Timothy J. McGinty for Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Docket Nos. 50-250 and 50-251 cc: See next page
Thomas Saporito In accordance with Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, your letter was referred to a Petition Review Board (PRB). The PRB met on May 22, 2008 and its initial recommendation was to not accept your letter for review in the 10 CFR 2.206 process.
This initial recommendation was conveyed to you in a telephone call by Tracy Orf, the petition manager, on May 22, 2008. On May 30, 2008, you addressed the PRB in a transcribed teleconference. The transcript of that teleconference is available through the NRC Agencywide Documents Access and Management System (ADAMS) with the accession number ML081650438.
Our PRB reviewed your submittal and other information, including the transcript of the transcribed teleconference, in accordance with Management Directive 8.11. The NRC staff has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206.
Specifically, requests numbered one through three do not meet the criteria for consideration in the 10 CFR 2.206 process because the concerns you raised have already been the subject of NRC review and evaluation for which resolution was achieved in EA-07-138, and because you provided no significant new information to warrant reopening or reconsidering that enforcement action. Additionally, requests numbered four through seven are not for enforcement-type actions and thus do not meet the criteria for acceptance in the 10 CFR 2.206 process.
The NRC staff recognizes that the Licensees forthcoming response to EA-07-138 may yield additional information upon which you may wish to comment or engage the NRC staff. Although your letter of April 27, 2008, will not be accepted for review in the 10 CFR 2.206 process, you may provide comments regarding the Licensees response to Mr. Tracy Orf at U.S. Nuclear Regulatory Commission, One White Flint North, Mailstop O-8-G9A, 11555 Rockville Pike, Rockville, Maryland 20852-2738.
Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Tracy Orf at the above address or at (301) 415-2788.
Sincerely, Timothy J. McGinty for Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Docket Nos. 50-250 and 50-251 cc: See next page Distribution: See next page Package: ML081750693 Incoming: ML081280839 ADAMS Accession No.ML081750713 OFFICE LPLII-2/PM LPLII-2/PM LPLII-2/LA LPLII-2/BC DPR DORL/D NAME TOrf BMozafari BClayton TBoyce MMaxin JGiitter (TMcGinty for)
DATE 7/1/08 7/1/08 7/1/08 7/1/08 7/7/08 7/7/08 OFFICIAL RECORD
TURKEY POINT PLANT cc:
Mr. J. A. Stall Executive Vice President, Nuclear and Chief Nuclear Officer Florida Power & Light Company P.O. Box 14000 Juno Beach, Florida 33408-042 Mr. Mano Nazar Senior Vice President and Nuclear Chief Operating Officer Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.
Suite 220 Washington, DC 20004 William Jefferson, Jr.
Site Vice President Turkey Point Nuclear Plant Florida Power & Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Michael Kiley Plant General Manager Turkey Point Nuclear Plant Florida Power & Light Company 9760 SW. 344th Street Florida City, FL 33035 Olga Hanek, Licensing Florida Power & Light Company Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, FL 33035 Don E. Grissette Vice President, Nuclear Operations, South Region Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Abdy Khanpour Vice President, Engineering Support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mark E. Warner Vice President, Nuclear Plant support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Peter Wells, Acting VP, Nuclear Training and Performance Improvement Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420
Letter to Thomas Saporito from Joseph Giitter dated July 7, 2008 Distribution: G20080317 PUBLIC PDII-2 R/F RidsEdoMailCenter RidsNrrOd RidsNrrAdro RidsNrrDorlLPL2-2 RidsNrrDorl RidsNrrPMBMozafari RidsNrrPMTOrf RidsOpaMailCenter RidsOcaMailCenter RidsNrrWpcMail RidsOgcRp RidsNrrLABClayton (hard copy)
RidsRgn2MailCenter RidsNrrPMMHoncharik GCaputo, OI CCarpenter, OE CEvans, RII GLongo, OGC MMaxin, DPR JMunday, RII SSparks, RII GWest, NSIR