ML091500002
| ML091500002 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 06/03/2009 |
| From: | Blount T Division of Policy and Rulemaking |
| To: | Saporito T Saporito Energy Consultants |
| paige, Jason, NRR/DORL,301-415-5888 | |
| References | |
| TAC ME1232, TAC ME1233, TAC ME1252, TAC ME1253 | |
| Download: ML091500002 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 3, 2009 Mr. Thomas Saporito, President Saporito Energy Consultants, Inc.
Post Office Box 8413 Jupiter, Florida 33468-8413
Dear Mr. Saporito:
Two 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 May 2, and May 8, 2009, addressed to the Executive Director of Operations, U.S. Nuclear Regulatory Commission (NRC). In your letters, you request
[from letter dated May 2, 2009]
- 1. that the NRC issue a Notice of Violation and Imposition of Civil Penalty in the monetary amount of $1,000,000 (one-million) dollars against FPL [Florida Power
& Light Co.] for (1) failure of the licensee to identify the root cause of previously cited security violations described in the NRC's Notice of Violation (EA-07-138) regarding operations at the TPN [Turkey Point Nuclear Plant] facility; and (2) the failure of the licensee to admit that the violation of NRC requirements, in fact, occurred.
- 2. that the NRC modify the licensee's permissive licenses DPR-31 and DPR-41 for the operation of the TPN facility requiring the immediate shut-down of both Unit 3 and 4 reactors to a "cold-shutdown" status until such time as the licensee is (1) able to identify the root cause of the security violations cited in the NRC's NOV (EA-07-138); and (2) until such time as the licensee admits that a violation of NRC requirements did, in fact, occur at the TPN facility as fully described in the NRC's NOV (EA-07-138).
[from letter dated May 8, 2009]
that the NRC issue a Notice of Violation and Imposition of Civil Penalty in the monetary amount of $1,000,000 (one-million) dollars against FPL for (1) retaliating against Saporito during his employment period at the licensee's Turkey Point Nuclear Plant ("TPN") in 1988 with respect to the licensee's Site Vice President, John Odom's ("Odom"s) retaliation taken against Saporito following Saporito's refusal to divulge [h]is nuclear safety concerns to Odom and insisting on [h]is right, under the Energy Reorganization Act of 1974, as amended, 42 U.S.C.A. §5851 , to bypass the licensee's chain-of-command at TPN facility in taking [h]is nuclear safety concerns directly to the NRC; and (2) the failure of the licensee to correct the violation of NRC requirements and regulations under 10 C.F.R. 50.7 in retaliating against Saporito since the occurrence of the violation in 1988.
T. Saporito -2 As the basis for these requests, in your letter dated May 2, 2009, you stated that FPL failed to identify the root cause of the security violations cited in NRC's NOV (EA-07-138), failed to admit to the security violations, and failed to take appropriate corrective actions regarding the security violations. In accordance with MD 8.11, the NRC staff has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206 because the issues raised have already been the sUbject of NRC review and evaluation for which resolution was achieved. In addition, you provided no significant new information to warrant reopening or reconsidering that enforcement action. The NRC staff has reviewed the non-public licensee response to the NRC's NOV and found no further action is warranted.
In your letter dated May 8,2009, you stated that FPL violated the Energy Reorganization Act (ERA) in retaliating against you for bypassing FPL's chain of command at TPN in taking your nuclear safety concerns directly to the NRC. Specifically, you stated that:
A. Petitioners are not challenging the NRC's previous conclusion that FPL had a right to question Saporito about [h]is safety concerns, but rather that once FPL was put on notice by Saporito that [h]e desired to express [h]is nuclear safety concerns directly to the NRC, FPL was prohibited under the ERA and under NRC regulations at 10 CFR 50.7 to retaliate against Saporito.
B. With respect to DOL Case Nos. 89-ERA-7 and 17, the question before the NRC is whether the agency followed its enforcement policy (in Saporito's DOL case) of issuing a NOV to FPL, on the basis of ERA decisions issued by the DOL.
In accordance with MD 8.11, the NRC staff has concluded that your submittal does not meet the criteria for consideration under 10 CFR 2.206 because you submitted similar 2.206 requests that have already been the subject of NRC review and evaluation for which resolution was achieved, and because you provided no significant new information to warrant reopening.
Specifically, in its letter dated October 27, 2008, the petition review board documented its resolution of the issues raised by the petitioner. In addition, the staff agrees that the letter of May 8,2009, by the petitioner has not provided any new or additional information that has not already been considered by the NRC staff.
Your previous 2.206 petitions that are similar to your May 2, 2009, and May 8, 2009, petitions are dated April 27, 2008 (Agencywide Documents Access and Management System [ADAMS]
Accession No. ML081280839) and July 5,2008 (ADAMS Accession No. ML081890558),
respectively. For these reasons, your requests have not been accepted for review under 10 CFR 2.206.
T. Saporito - 3 Thank you for bringing these issues to the attention of the NRC. If you have additional questions. please feel free to contact Mr. Jason Paige at (301) 415-5888.
. Sincerely, Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserv
T. Saporito -3 Thank you for bringing these issues to the attention of the NRC. If you have additional questions, please feel free to contact Mr. Jason Paige at (301) 415-5888.
Sincerely, Thomas B. Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Distribution via Listserv Distribution:
G20090270/EDATS:OEDO-2009-0286 G20090279/EDATS:OEDO-2009-0314 PUBLlCPDII-2 R/F RidsEdoMailCenter Ridsl'JrrOd Resource RidsNrrAdes Resource RidsNrrAdro Resource RidsNrrDorl Resource RidsNrrDorlLpl2-2 Resource RidsNrrPMBMozafari Resource RidsNrrPMTOrf Resource RidsOpaMail Resource RidsOcaMailCenter Resource RidsNrrWpcMail Resource RidsOgcRp Resource RidsRgn2MailCenter Resource TMensah, NRR MBarkman, OGC RidsNrrLABClayton Resource (hard copy) TBlount, NRR JPaige, NRR ADAMS Package Accession No.: ML091500003 GT Accession Nos.: ML091280136 and ML091320593 Incoming: ML091470161 Closure Letter ADAMS Accession No'.. ML091500002 OFFICE LPLlI-2/PM LPLlI-2/PM LPLlI-2/LA LPLlI-2/BC DPRIDD BMozafari for NAME BMozafari BClayton TBoyce TBlount JPaiqe DATE 06/02/09 06/02/09 06/02/09 06/02/09 06/03/09 OFFICIAL RECORD COpy