ML083370132
| ML083370132 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/05/2008 |
| From: | Blount T Division of Policy and Rulemaking |
| To: | Saporito T Saporito Energy Consultants |
| Orf, Tracy J.; NRR/DORL 415-2788 | |
| Shared Package | |
| ML083370156 | List: |
| References | |
| EDATS: OEDO-2008-0773, EDATS: OEDO-2008-0758, EDATS: OEDO-2008-0770, G20080679, G20080695, G20080699, OEDO-2007-0773, OEDO-2008-0758, OEDO-2008-0770, TAC MD9868, TAC MD9869, TAC MD9929, TAC MD9930, TAC MD9931, TAC MD9932, TAC MD9933 | |
| Download: ML083370132 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 5, 2008 Mr. Thomas Saporito, President Saporito Energy Consultants Post Office Box 841 3 Jupiter, Florida 33468-8413
Dear Mr. Saporito:
Three letters that you have submitted have 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 Commission's regulations. These letters are dated September 10, addressed to the Director of the Office of Enforcement; September 27, addressed to the Director of the Office of Enforcement; and October 5, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC). In your letters, you request
[from letter dated September 10, 2008]
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 [Florida Power & Light Company] and against Mr. Ross... [and]... that Mr. Ross be sanctioned by the NRC 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.
[from letter dated September 27, 2008]
that the I\\IRC'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. Hamrick and against Mr. Fernandez... [and]... that Hamrick and Fernandez be sanctioned by the NRC and not allowed to participate in any NRC related activities in their capacity as FPL's attorneys of record in such matters brought before the I\\IRC or involving I\\IRC licensed activities for a period of not less than 5-years.
[from letter dated October 5, 2008]
- Issue a notice of violation and imposition of a civil penalty in the amount of
$100,000 against NRC licensee FPL; and
- Issue a notice of violation and imposition of a civil penalty in the amount of
$100,000 against NRC licensee FPL Group; and
- Issue a notice of violation and imposition of a civil penalty in the amount of
$100,000 against NRC licensee FPL Energy Point Beach, LLC; and
- 2
- Issue a notice of violation and imposition of a civil penalty in the amount of
$100,000 against NRC licensee FPL Energy Seabrook, LLC; and
- Issue a notice of violation and imposition of civil penalty in the amount of
$100,000 against Steven Hamrick and prohibit Steven Hamrick from engaging in any NRC license activities for a period of not less than five-years; and
- Issue a notice of violation and imposition of civil penalty in the amount of
$100,000 against Antonio Fernandez and prohibit Antonio Fernandez from engaging in any NRC license activities for a period of not less than five-years; and
- Issue a notice of violation and imposition of civil penalty in the amount of
$100,000 against Mitchell S. Ross and prohibit Mitchell S. Ross from engaging in any NRC license activities for a period of not less than five-years.
As the basis for these requests, in your letter dated September 10, 2008, you state that FPL's attorneys filed a complaint against you with the Florida Bar Association in retaliation for your filing of a complaint against FPL with the Department of Labor. In your letter dated September 27, 2008, you state that FPL's attorneys requested sanctions against you during an Atomic Safety and Licensing Board (ASLB) proceeding in retaliation for your filing of the same complaint against FPL with the Department of Labor (DOL). In your letter dated October 5, 2008, you state that FPL's attorneys requested sanctions against you during an ASLB proceeding in retaliation for your filing of the same complaint against FPL with the DOL.
Our petition review board has reviewed your requests for enforcement actions against FPL, its associated companies, and its attorneys. Although filing a complaint with the DOL would normally be a protected activity under 10 CFR 50.7, "Employee Protection," the adverse action does not involve the compensation, terms, conditions, or privileges of your employment.
Therefore, 10 CFR 50.7 does not apply in this case. In addition, you have not set forth facts sufficient to constitute a basis for the requested actions as required by Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions." Furthermore, because 10 CFR 50.7 does not apply to this case, even supplementing your requests with additional information would not warrant review of your above requests. For these reasons, your requests have not been accepted for review under 10 CFR 2.206.
- 3 Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Tracy ort at the above address or at (301) 415-2788.
Sincerely,
~d~
Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserve
December 5, 2008
- 3 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, IRA!
Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of l'Juclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserve Distribution:
G20080679/EDATS:OEDO-2008-0758 G20080695/EDATS:OEDO-2008-0770 G20080699/EDATS:OEDO-2008-0773 PUBLIC PDII-2 R/F RidsEdoMailCenter RidsNrrOd Resource RidsNrrAdes Resource RidsNrrAdro Resource RidsNrrDorl Resource Ridsl'JrrDorILpI2-2 Resource RidsNrrPMBMozafari Resource RidsNrrPMTOrf Resource Ridsl'JrrLABClayton Resource (hard copy)
RidsOpaMaii Resource RidsOcaMailCenter Resource RidsNrrWpcMail Resource RidsOgcRp Resource RidsRgn2MailCenter Resource TMensah, NRR GLongo,OGC TBlount, NRR ADAMS Package Accession No.: ML083370156 GT Accession Nos.: ML082910579 ML082900582 ML082890542 Closure Letter ADAMS Accession l'Jo: ML083370132 OFFICE LPLlI-2/PM LPLlI-2/PM LPLlI-2/LA LPLlI-2/BC DPR/DD NAME TOrf BMozafari BClayton TBoyce TBlount DATE 12/05/08 12/05/08 12/05/08 12/05/08 12/05/08 OFFICIAL RECORD COpy