ML092240156
| ML092240156 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/08/2009 |
| From: | Saporito T Saporito Energy Consultants |
| To: | Jaczko G NRC/SECY |
| References | |
| EDATS SECY-2009-0388, G20090458, LTR-09-0403 | |
| Download: ML092240156 (5) | |
Text
EDO Principal Correspondence Control FROM:
DUE: 08/20/09 Thomas Saporito Saporito Energy Consultants, Inc.
EDO CONTROL: G20090458 DOC DT: 08/08/0.9 FINAL REPLY:
Chairman Jaczko FOR SIGNATURE OF :
ROUTING:
Letter from Executive Director for Operations on July 31, 2009, Regarding Matters Related to Florida Power and Light Company
[EDATS: SECY-2009-0388]
DATE: 08/11/09 Borchardt Virgilio Mallett Ash Ordaz Burns/Gray Reyes, RII Carpenter, Caputo, 01
NRR CONTACT:
Leeds SPECIAL INSTRUCTIONS OR REMARKS:
Note:
Immediate release of incoming to public processed in ADAMS per SECY thru EDO/DPC.
EDATS Number: SECY-2009-0388 Source: SECY Assigned To: NRR OEDO Due Date: 8/20/2009 Other Assignees:
SECY Due Date: 8/24/2009
Subject:
Letter from Executive Director for Operations dated July 31, 2009, on Matters Related to Florida Power and Light Company
==
Description:==
CC Routing: NONE ADAMS Accession Numbers -
Incoming: NONE Response/Package: NONE Ote Infrmton' Cross Reference Number: G20090458, LTR-09-0403 Related Task:
File Routing: EDATS Staff Initiated: NO Recurring Item: NO Agency Lesson Learned: NO OEDO Monthly Report Item: NO Action Type: Letter Priority: High Sensitivity: None Signature Level: Chairman Jaczko Urgency: NO OEDO Concurrence: YES OCM Concurrence: NO OCA Concurrence: NO Special Instructions:
Originator Name: Thomas Saporito Date of Incoming: 8/8/2009 Originating Organization: Saporito Energy Consultants, Document Received by SECY Date: 8/11/2009 Inc.
Addressee: Chairman Jaczko Date Response Requested by Originator: NONE Incoming Task Received: Letter Page I of I
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Aug 11, 2009 09:21 PAPER NUMBER:
ACTION OFFICE:
LTR-09-0403 EDO LOGGING DATE: 08/10/2009 AUTHOR:
AFFILIATION:
ADDRESSEE:
Thomas Saporito FL Gregory Jaczko
SUBJECT:
Concerns 7/31/2009 response from the EDO concerning matters related to the Florida Power and Light Company....
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Signature of Chairman RF, SECY to Ack 08/08/2009 No Made publicly available via SECY/EDO/DPC NOTES:
Commission Correspondence ADAMS FILE LOCATION:
DATE DUE:
08/24/2009 DATE SIGNED:
EDO -- G20090458
Saporito Energy Consultants, Inc.
Post Office Box 8413, Jupiter, Florida 33468-8413 Voice: (561) 283-0613 Fax: (561) 952-4810 Email: Suo
,_jarjori toFne rovConsuI[ants com Website: SaporitoEnergyConsultants.com 08 AUG 2009 Hon. Gregory B. Jaczko, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 In re: July 31, 2009, Letter From R. W Borchardt, NRC Executive Director for Operations to Thomas Saporito, President, Saporito Energy Consultants, Inc.
Dear Chairman Jaczko:
This letter serves to acknowledge and to respond, in relevant part, to Mr. Borchardt's letter dated July 31, 2009, in which [h]e responds on your behalf to the undersigned's July 9, 2009, letter to you regarding matters related to the Florida Power and Light Company (FPL), a NRC licensee as follows:
Specifically, Mr. Borchard stated in his letter that:
you stated that you believe the Staff improperly decided not to consider your May 8, 2009 petition because that petition did not challeng[e] 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 [hlis nuclear safety concerns directly to the NRC, FPL was prohibited under the ERA and under NRC regulations at 10 C.F.R. 50.7 to retaliate against Saporito...
The Staff has been aware of your retaliation claim against FPL since 1994 and has fully reviewed and evaluated the Department of Labor orders and decisions and the information you provided directly to the NRC through numerous 2.206 petitions. Your May 8, 2009 petition did not contain any new or additional information not already considered by the NRC in its decision not to take enforcement action against FPL regarding your retaliation claim. The Staff, therefore, properly decided not to consider your May 2, 2009 and May 8, 2009 petitions under 10 CFR 2.206..."
Id. at 1-2.
Here, Mr. Borchardt, as did the NRC Staff, simply restated the NRC's previous position with respect to the Secretary of Labor's (SOL's) Decision and Remand Order (DRO)
(June 3, 1994), which specifically held that FPL violated the ERA. The NRC Staff rejected the undersigned's 2.206 petitions without any explanation why the NRC failed to follow its own enforcement policy which requires the agency to take enforcement action against its licensees based upon a finding by the DOL that a violation of the ERA occurred. Notably, as amply documented and described in the undersigned's aforementioned 2.206 petitions, the NRC has consistently taken enforcement action in at least two other ERA cases where FPL was found by the DOL to have illegally violated the ERA in retaliating against nuclear workers at its Turkey Point Nuclear Plant (TPN).
Here, in the instant matter, the NRC is treating the undersigned in a "disparate" manner separate and apart from the agency's enforcement policy taken against FPL in the past with respect to other nuclear whistleblowers.
To the extent that the NRC has failed to comply with the agency's Management Directive 8.11 in properly considering and accepting the undersigned's aforementioned 2.206 petitions related to FPL's illegal violation of the ERA as found by the SOL in 1994 with respect to FPL's retaliation taken against the undersigned, the NRC Chairman is hereby requested to act with the Commission in reconsidering the undersigned's 2.206 petitions requesting that the NRC take enforcement action against its licensee FPL accordingly.
To the extent that the NRC and the Commission is believed to have departed from the agency's enforcement policy and departed from the agency's policy regarding 2.206 petitions under Management Directive 8.11, a copy of this letter is being provided to the NRC's Office of the Inspector General (OIG) signifying that the undersigned requests the OIG to investigate the NRC and the Commission regarding the agency's performance and conduct as described above.
In closing, I respectfully request a written response to this letter directly from the NRC Chairman in a timely fashion specifically addressing each item described above and particularly elaborating on what, if any, action the NRC intends to take.
Respectfully submitted,
-1 "
./
Thomas Saporito President 2