ML082910579
| ML082910579 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 09/10/2008 |
| From: | Saporito T Saporito Energy Consultants |
| To: | Carpenter C NRC/OE |
| Shared Package | |
| ML083370156 | List: |
| References | |
| 2.206, 2008-ERA-00014, ASLBP 08-866-01-CO-BD01, G20080699, OEDO-2008-0773 | |
| Download: ML082910579 (16) | |
Text
EDO Principal Correspondence Control FROM: DUE: 11/17/08 EDO CONTROL: G20080699 DOC DT: 09/10/08 FINAL REPLY:
Thomas Saporito Jupiter, Florida TO:
Carpenter, OE FOR SIGNATURE OF : ** GRN ** CRC NO:
Leeds, NRR DESC: ROUTING:
2.206 - Florida Power and Light Company Borchardt (Individual) (EDATS: OEDO-2008-0773) Virgilio Mallett Ash Ordaz Cyr/Burns DATE: 10/17/08 Reyes, RII Carpenter, OE ASSIGNED TO: CONTACT: Caputo, 0I Cyr, OGC NRR Leeds Mensah, NRR Marco, OGC SPECIAL INSTRUCTIONS OR REMARKS:
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EDATS Number: OEDO-2008-0773 Source: OEDO Genera Ifraio Assigned To: NRR OEDO Due Date: 11/17/2008 5:00 PM Other Assignees: SECY Due Date: NONE
Subject:
2.206 - Florida Power and Light Company (Individual)
==
Description:==
CC Routing: Region 1-1; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE OhrInformaion Cross Reference Number: G20080699 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO Roadmap Item: NO Action Type: 2.206 Review Priority: Medium Sensitivity: None Signature Level: NRR Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions:
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Originator Name: Thomas Saporito Date of Incoming: 9/10/2008 Originating Organization: Citizens Document Received by OEDO Date: 10/16/2008 Addressee: C. Carpenter, OE Date Response Requested by Originator: 11/17/2008 Incoming Task Received:, 2.206 Page 1 of I
Request for Enforcement Action Against The Florida Power and Light Company 10-Sep-2008 Cynthia A. Carpenter, Director Office of Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 RE: REQUEST FOR ENFORCEMENT ACTION AGAINST THE FLORIDA POWER AND LIGHT COMPANY AND AGAINST MITCHELL S. ROSS
Dear Ms. Carpenter,
As you are aware, the undersigned is currently engaged in a proceeding brought under the Energy Reorganization Act of 1974 (ERA) as amended 42 U.S.C.A. §5851 filed against the Florida Power and Light Company (FPL), a licensee of the U.S. Nuclear Regulatory Commission (NRC). The case has been docketed as ALJ Case No. 2008-ERA-00014 and is currently set for a public hearing in January, 2009. FPL is represented by attorney Mitchell S. Ross (Ross).
On 18-AUG-2008, FPL through its attorney Ross, filed a complaint against the undersigned with The Florida Bar alleging misconduct on the part of the undersigned insofar as a notice of appearance was provided to the NRC in a proceeding involving FPL before the NRC Atomic Safety and Licensing Board (ASLB) in re: ALSBP No. 08-866-01-CO-BD01.
The undersigned responded to a subsequent inquiry by The Florida Bar to that complaint. See, Attachment-One.
The undersigned alleges here that FPL and its attorney Ross conspired with the intent to retaliate against the undersigned through the filing of a complaint with The Florida Bar against the undersigned solely because of [h]is engagement in ERA protected activities and [h]is engagement in protected activities governed by NRC regulation under 10 C.F.R. 50.7 including the undersigned's bringing ALJ Case No. 2008-ERA-00014. To this extent, the undersigned hereby requests that the NRC's Office of Enforcement issue a Notice of Violation, and imposition of civil penalty in the amount of $100,000 separately against FPL and against Mr.
Ross to dissuade FPL and Mr. Ross from continuing in violation of the ERA and in violation of NRC Requirements under 10 C.F.R. 50.7. To the extent that FPL and Mr. Ross willfully engaged in conduct in violation of the ERA and in violation of NRC requirements under 10 C.F.R. 50.7, the undersigned requests that Mr. Ross be sanctioned by the NRC 1
EDO -- G20080699
Request for Enforcement Action Against The Florida Power and Light Company and not allowed to participate in any NRC related activities in his capacity as FPL's attorney of record in such matters brought before the NRC or involving NRC licensed activities for a period of not less than 5-years.
This request for enforcement action on the part of the NRC against its licensee FPL and against Mr. Ross is intended as a request under NRC regulations at 10 C.F.R. 2.206.
Should you have any questions or concerns regarding the above, please do not hesitate to contact me.
Respectfully submitted, Thomas Sapori lo' Post Office Box 8413 Jupiter, Florida 33468-8413 Voice: (561) 283-0613 Email: saporito3@gmail.com 2
ATTACHMENT -ONE 10-SEP-2008 Janet Bradford Morgan, Esq.
Bar Counsel UPL Dept., Ft. Lauderdale Branch The Florida Bar Cypress Financial Center Suite 900 5900 North Andrews Avenue Ft. Lauderdale, Florida 33309 RE: Unlicensed Practice of Law Investigation of Thomas Saporito; File No. 20091021(15A)
Dear Ms. Morgan:
This serves to respond to your inquiring seeking an answer to the above-captioned matter where the Florida Power and Light Company (FPL), through its attorney Mr.
Ross, filed a complaint against the undersigned with The Florida Bar. With respect to the listing found at Exhibit A of FPL's complaint, the undersigned properly notified the U.S. Nuclear Regulatory Commission (NRC) about [h]is qualifications to bring a matter regarding operations at FPL's nuclear power plant before the NRC's Atomic Safety and Licensing Board (ASLB) as a requisite matter of standing in such an administrative proceeding. The notification under Notice of Appearance refers to an Iith Circuit Court of Appeals proceeding where the undersigned as a pro se litigant and FPL is well aware of that fact and the subsequent listing for the United States Supreme Court where the undersigned again appeared pro se seeking a writ with respect to the ith 1 Cir. decision.
Clearly, FPL's actions and that of its attorney Mr.
Ross, in bringing a complaint before The Florida Bar against the undersigned with full knowledge on the part of FPL and its attorney Mr. Ross, that [h]e appeared as a pro se litigant, is simply another example of FPL's retaliation taken against the undersigned because he filed complaints against FPL under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C.A. §5851 as amended alleging retaliatory actions, taken against [h]im by FPL as a direct result of his engagement in ERA protected activities. As such, the undersigned intends to amend his present complaint currently before a U.S. Department of Labor (DOL),
Administrative Law Judge (ALJ), and Docketed as ALJ 2008-
Unlicensed Practice of Law Investigation of Thomas Saporito File No. 20091021(15A)
ERA-00014, to include this recent and continuing violation of the ERA on the part of FPL in retaliation for the undersigned's engagement in ERA protected activity.
To the extent that the undersigned has notified the NRC about his prior standing before the 1 1 th Cir. and before the U.S. Supreme Court, he has not violated any rule or regulation of The FloridaBar and has every right as a United States Citizen to do so under the First Amendment of the United States Constitution, and under NRC regulations and the rules for practice, and procedure under the U.S.
Administrative Procedures Act. Accordingly, FPL's frivolous and specious complaint is solely intended to further retaliate against the undersigned because he continues in ERA protected activity in bringing actions under the ERA against FPL and should therefore be rejected by The Florida Bar.
To the extend that FPL attorney, Mitchell S. Ross, has filed such a frivolous and specious complaint against the undersigned on behalf of FPL and himself solely because the undersigned continues to engage in ERA protected activity against FPL, the undersigned requests that The Florida Bar investigate and/or further investigate the basis for FPL and Mr. Ross in bringing such a complaint against the undersigned before The Florida Bar. The undersigned hereby alleges that FPL and Mr. Ross knowingly brought this complaint with full knowledge that the undersigned was noticed in proceedings before the 11 Cir. and before the U.S. Supreme Court as a pro se litigant, and that the intent of FPL and Mr. Ross in bringing the instant complaint before The Florida Bar was solely because the undersigned Continues to engage in ERA protected activity against FPL in ALJ Case No. 2008-ERA-00014 and in ASLBP No.
08-866-01-CO-BDO1, before the NRC Atomic Safety and Licensing Board. See, Attachment-One, Respondent Florida Power & Light Company's Motion to Dismiss and for Further Relief With Incorporated Memorandum of Law (August 18, 2008)
To the extent that Mr. Ross on behalf of himself and on behalf of his client FPL, appear to have violated the rules and requirements governing the conduct of licensed attorneys in the great State of Florida, the undersigned hereby requests that The Florida Bar fully investigate the motives and actions on the part of Mr. Ross in bringing the instant complaint against the undersigned. To the extent 2
Unlicensed Practice of Law Investigation of Thomas Saporito File No. 20091021(15A) that the actions by Mr. Ross and by FPL, a licensee of the NRC, appear to be in violation of NRC licensee requirements under 10 C.F.R. 50.7, the undersigned respectfully requests that The Florida Bar apprise the NRC of their investigative findings in this matter and with respect to The Florida Bar's investigation of Mr. Ross accordingly.
Should you have any further questions or concerns regarding the instant complaint or the request for an investigation of Mr. Ross by The Florida Bar, please feel free to contact me at the address shown immediately below.
Should The Florida Bar decide to hold a discipline hearing involving Mr. Ross, the undersigned requests that he. be allowed to testify at any such hearing.
Very truly yours, Thomas Saporito Post Office Box 8413 Jupiter, Florida 33468-8413 Voice: (561) 283-0613 Email: saporito3@gmail.com Cc: without/attachment Cynthia A. Carpenter, Director Office of Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
{Hard Copy - Regular Mail)
Melanie M. Checkle, Allegation Coordinator Enforcement and Investigations Coordination Staff U.S. Nuclear Regulatory Commission, Region II Sam Nunn Atlanta Federal Center 61 Forsyth Street S.W., Suite 23T85 Atlanta, Georgia 30303-8931 Email: mxm3@nrc.gov Email: R2ORA EICSMailCenter.Resource@nrc.gov
[Electronic Maill 3
Florida Power &Light Company, P. 0. Box 14000, Juno Beach, FL 33408-0420 Law Department Mitchell S, Ross Vice President & Associate General Counsel (561) 691-7126 (561) 691-7135 (Facsimile) mitch.rossl&.fpIcom The Florida Bar August 18, 2008 D Unauthorized Practice of Law Department 2 5 200 Cypress Financial Center Suite 900 THE FLORIDA BAR 5900 N. Andrews Ave. UPL -.FT, LAUD*DWALE Ft. Lauderdale, FL 33309-2300 Re: Unlicensed Practice of Law (UPL) Complaint Thomas Saporito 1095 Military Trail, No. 8413 Jupiter, FL 33468 (561) 283-0613 Unlicensed Practice of Law Complaint
Dear Sir or Madam:
Pursuant to Fla. Stat. Bar R. 10-5.1, Florida Power & Light Company ("FPL") hereby submits this Unlicensed Practice of Law Complaint. FPL hereby alleges that Thomas Saporito
("Saporito") violated Fla. Stat. §454.23 by engaging in the unlicensed and unauthorized practice of law in the State of Florida.
On July 28, 2008, Saporito filed a Notice of Appearance ("Notice"), as a pro-se litigant, in a
,proceeding before the Atomic Safety & Licensing Board of the U.S. Nuclear Regulatory Commission ("NRC"), In the Notice, Saporito represented to the NRC that he is admitted to practice law before the United States Court of Appeals for the 1 I" Circuit and before the United States Supreme Court. A copy of the Notice is attached as Exhibit "A."
According to the website of The Florida Bar, checked by FPL on July 29, 2008, Saporito is not an attorney admitted to practice law in the State of Florida. A copy of the screenshot of the query of The Florida Bar's website is attached as Exhibit "B." FPL contacted the 1 I Circuit and United States Supreme Court on July 30, 2008 and both Courts verbally confirmed that Saporito is not admitted to practice before either Court. By representing that he is admitted to practice before the 11" Circuit and the United States Supreme Court, Saporito has implied to the NRC and the participants in that proceeding that he is qualified, or is recognized by law as qualified, to practice as an attorney.
an FPL Group company
The Florida Bar UPL Department August 18, 2008 Page 2 of 2 The Florida Bar has previously addressed misrepresentations made by Saporito regarding the practice law. In response to a 2004 UPL complaint, The Florida Bar found that Saporito violated the prohibition against engaging in the unlicensed practice of law and required him to make changes to his letterhead, website, and business cards. See file No. 20051009(15A) and No. 2005.1037(15A). The Florida Bar also reviewed a UPL complaint filed against Saporito in late 2005 and requested that Saporito modify statements on his website. See file No.
20061054(15A). A copy of the file is attached as Exhibit "C."
The Florida Bar has previously given Saporito clear direction that he cannot hold himself out as a licensed legal practitioner, yet in the Notice he falsely represents that he is admitted to practice before two federal courts of law. Accordingly, Saporito's false representations in the Notice constitute a violation of the prohibition against engaging in the unlicensed practice of law.
Please contact me should you have questions regarding this Complaint.
Under penalty of perjury, I declare that I have read the foregoing document and that to the best of my knowledge and belief the facts stated in it are true.
Sincerely yours, itchell S. Ross Enclosures
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
Saporito Energy Consultants Docket Nos. 50-335-CO and Thomas Saporito 50-389-CO
- v. ASLBP No. 08-866-01 -CO-BDOI Florida Power & Light Company St. Lucie Nuclear Stations I & 2 NOTICE OF APPEARANCE Notice is hereby given that the undersigned pro se litigant herewith enters an appearance in the above-captioned matter on behalf of Saporito Energy Consultants
("SEC") and himself. In accordance with i0 C.F.R. § 2.314(b), the following information is provided:
Name: Thomas Saporito Address: Saporito Energy Consultants 1095 Military Tr. #8413 Jupiter, Florida 33468-8413 Telephone: (561) 283-0613 Fax Number: (561) 952-4810 E-mail Address: saporito3(Ifmail.om Admissions: 1I Circuit Court of Appeals United States Supreme Court Name of Party: Thomas Saporito Respectfully submitted, Thomas Saporito, pro se Representative for Saporito Energy Consultants 28 JUL 2008 Exhibit. A
Member Search Page I of I Inside the Bar Find a Lawyer Your search yielded no results. Please try again.
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Last Name: i~saporio Optional:
First Name: thomas u s City:
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(Updated: 07-29-2008) 0 2005 The Florida Bar Exhibit B httD:Ilwww.floridabar.orpnames.nsfIMESearch?ooenform&P=&MN=&LN=-anorito&N-Wthomasq&C'Th...7/29n.00R
Member Search Page I of I Inside the Bar Find a Lawyer.
1 Members Found: Search again E Michael Roy Saporito Jr. Winter Springs, FL E Eligible to Practice law in Florida N Not Eligible to Practice law In Florida 3 Member of the Judiciary
[Updated: 07-29-2008]
@ 2005 The Florida Bar
-C~zs FlmcrAz CENTER, SUITE 900 5900 NORT A4DREw AVENUE JOH~NF. HARKNESS, JR.. Fr. LAUDERDALE, FL 33309 Exzc~rnvg Duizcrol WWW.DLORIDA3AL.ftO March 20, 2006 PERSONAI.FOR ADDRESSEE ONLY Mr. Thomas Saporito 1030 Mflita-y Trail, Lot #25" Jupiter, FL 33458 Re: Unlicensed Practice of Law Investigation of Thomas Saporito; File No. 20061054(1 5A)
Dear Mr. Saporito:
I have received your letter of response. Having confirmed that the website w,.blow-the-whistle.com -cannot presently be accessed, and based on your representations that, once you.
,rebsmblish your website, you will modify. your statements. to reflect the permissible activities as outlined in my letter, I am closing The Florida Bar's file in this matter at this time. I would like
.to clear up one misunderstanding reflected in your response letter wherein you state that the
,complainant sent The Florida Bar an out-of-date copy of the website text. It appears that the website with that text was operational at the time the complaint was filed, December 2005, as my file contains a printout of the website with that text, retrieved by my legal assistant on
.December 29, 2005.
Our file is now closed. If you have any questions, please don't hesitate to contact me.
Sincerely, Bar 1 sel UPL Dept., Ft. Lauderdale Branch cc:
c :-'.Ellen Malasky,
- Esq.- (w/encl.:.. CopYof C':.~ . rose
..7"S,. ..-. le'titer ,
Exhibit C
March 10, 2006 Janet Bradford Morgan, Esq.
The Florida Bar Cypress Financial Center, Suite 900 5900 North Andrews Avenue Ft. Lauderdale, Florida 33309 RE: Unlicensed Practice of Law Investigation of Thomas Saporito File No. 20061054(15A)
Dear Ms. Morgan:
This serves to acknowledge receipt -of your correspondence dated, March 7, 2006 regarding the above-captioned matter. It appears that the complaining attorney, Ms.
Malasky, sent you an out-dated print from one of our old websites no longer in use. We have not decided on a new ISP host as of this'date; however, should we establish a new website in the future your concerns stated in your letter will certainly be reflected in the language posted on the new website at that time.
I trust this resolves this matter and please feel free to contact me at the address shown below should you have further concerns.
Sincerely, _
Thomas Saporito 1030 Military Trail, Lot #25 L--
Jupiter, Florida 33458 ' Let..
" bLE Tel: 561-202-8797 Email: thomaas.gaoritoftmrall.coin
FROM: Thomas Saporito Post Office Box 8413 Jupiter. Florida 33468-8413 TO:
Cynthia A. Carpenter, Director Office of Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555-0001