ML16342B667

Ack Receipt of Requesting Exemption from Requirements of 10CFR26 on Behalf of Certain Employees at Plant & Advises That Request for Hearing on Proposed Exemption Premature

ML16342B667
Person / Time
Site:	Diablo Canyon
Issue date:	03/30/1990
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Dalzell T INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Shared Package
ML16341F682	List: ML16341F681 ML16341F684 ML16342B667
References
NUDOCS 9005010290
Download: ML16342B667 (10)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON~ O.C. 20555 March 30, 1990 Enclosure 2

OFFICE OF THE SECRETARY Tom Dalzell, Esq.

International Brotherhood of Electrical Workers, AFL-CIO, Local 1245 P.O.

Box 4790 3063 Citrus Circle Walnut Creek, California 94596 RE:

Exemption Request Dated March 13, 1990.

Dear Sir:

I have received your letter dated March 13,

1990, requesting "an exemption from the requirements of 10 C.F.R. Part 26..." on behalf of those employees at the Diablo Canyon Nuclear Power Plant ("Diablo Canyon" ) who are represented by Local 1245 of the International Brotherhood of Electrical Workers, AFL-CIO, and the Engineers and Scientists of California, MEBA, AFL-CIO.

However, the Commission regulations in Part 26 are directed against.

Commission licensees, and are not imposed directly on employees of licensees.

Therefore, I interpret your letter as a request that the Commission grant an exemption to Pacific Gas

& Electric

("PG&E") under 10 C.F.R. 26.6, exempting PG&E from mandatory application of the requirements of 10 C.F.R. Part 26 to those designated employees at its Diablo Canyon facility.

Requests for exemptions from the Commission's regulations are properly reviewed by the NRC Staff, not by one of the Commission's adjudicatory panels or by the Commission itself.

Accordingly, I have referred your request for an exemption under 10 C.F.R. 26.6 to the Executive Director for Operations pursuant to my authority under 10 C.F.R. 2.772(h).

Any further communication relating to this exemption request should be addressed to Dr. Thomas E. Murley, Director, Office of Nuclear Reactor Regulation, and should be clearly designated with the heading "Docket Nos. 50-275/50-323 Fitness for Duty Exemption Request."

Copies should be served on counsel for PG&E.

Obviously, PG&E is an "interested" party and the Staff will request a response from PG&E which should be served upon you.

In your letter, you also requested a hearing on the proposed exemption.

However, until the Staff has acted on your request for an exemption, any consideration of a hearing is premature.

9005010290 900423 PDR ADOCK 0 i000275 P

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You also indicate that you wish to challenge "the basis alc for the Commission's assessment of the s o

f th ohol problem in the nuclear power indust i

c pe o e dru and that statement as a request for the Co or amend es or e Commission to reconsider amend Part 26.

Accordingly, under my auth

't

( ),

have referred that portion of your ori y in 10 request to the NRC Staff as a Petition for Rulemakin to be conducted pursuant to the procedur f

d i 2.800 et se res oun n 10 C. F, R.

(90) days b filin e

~se You should perfect your petition

'th' g specific requested amendments to Part 26

~

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wi in ninty in compliance with the requirements of 10 C.F.R. 2.802.

should address that petition to:

2.802.

You Mr. Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services, UOffice of Administration and Resource M

s anagement,

.S. Nuclear Regulatory Commission, Washington, D.C., 20555, Attention: Chief, Rules and Procedures Branch.

y requested copies of the documentatio

Finally, ou have un er ying the adoption of 10 C.F.R. Part 26.

Portions o

that documentation relating to Item 45 of our re es be found in the Commissi

'ubl'ocated at 2120 L Street N.W.

W h'n s

ic Document Room

~'P as ington, D.C.

(lower ou may request this material directly from the PDR.

There will be a photocopying charge.

The bulk of the remaining material you have requested is not in the PDR.

However, that material is subject to a request for records under the Freedom of Informat' t

orma ion Act e

~se.,

and the Commission's g

~.

You should address such regu ations, 10 C.F.R. 9.11 et se Mr. Donnie H. Grimsley, Director Division of Freedom of Information and Publication Services Office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention: Chief, Freedom of Information Branch 10 C.F.R. 9'3

'dditional guidelines for filing FOIA request eques s are found in neer AMUEL HILK Secreta of the Commission

l'

'J.

D. Shiffer

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D. Shiffer

'ce President Nu ear Power Generation Paci c Gas and Electric Company 77 Bea Street San Franc co, California 94106 Dear Mr. Shif r:

We received a let r dated March 13, 1990, requesting an exemption from the requirements of 10 R Part 26 on behalf of certain employees at the Diablo Canyon Nuclear Power ant.

These workers are represented by Local 1245 of the International Broth hood of Electrical Workers, AFL-CIO, and the Engineers and Scientists California, MEBA, AFL-CIO.

We have enclosed a

copy of the March 13, 1990

tter, as >cell as a copy of the letter from S. Chilk to T. Dalzell, date larch 30, 1990, containing our initial response to that letter.

Because the Commission regulations in 10 CFR Part 26 are directed toward Commission licensees and are not imp ed directly on employees of licensees, any action that may result from the r uest would apply to the Pacific Gas and Electric Company.

Therefore, befor taking any formal action on the

request, we are informing you of the requ t and offering you an opportunity to provide any written comments or materia related to that request.

So that we can act on the union's request in a imely fashion, we would appreciate any information that you may wish to bmit to us within 30 days of receipt of this letter.

S incere ly, cc:

Tom Dalzell, Esq.,

IBEW

Enclosures:

1.

Ltr fm T. Dalzell to S. Chilk, 3/13/90 2.

Ltr fm S. Chilk to T. Dalzell, 3/30/90

• SEE PREVIOUS CONCURRENCE James G. Partlow, Associate Director for Projects Office of Nuclear Reactor Regulation OGC R

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Docket Nos.

50-275 and 50-323 Mr.

. D. Shiffer Vice esident Nuclear ower Generation Pacific s and Electric Company 77 Beale S

eet San Francis, California 94106 Dear Mr. Shiffe We received a lette dated March 13, 1990, requesting an exemption from the requirements of 10 CF Part 26 on behalf of certain employees at the Diablo Canyon Nuclear Power Pl t.

These workers are represented by Local 1245 of the International Brother ood of Electrical Workers, AFL-CIO, and the Engineers and Scientists o

California, flEBA, AFL-CIO.

We have enclosed a

copy of the March 13, 1990

tter, as well as a copy of the letter from S. Chilk to T. Dalzell, dated arch 30, 1990, containing our initial response to that letter.

Because the Commission regulations in 10 CFR Part 26 are directed toward Commission licensees and are not im sed directly on employees of licensees, any action that may result from the r uest would apply to the Pacific Gas and Electric Compan, act@

Therefore, before taking any formal action on the request, we are info ing you of the request and offering you an opportunity to provide any ritten comments or materials related to that request.

So that we can act on the union's request in a t'ly fashion, we would appreciate any information that you may wish to su it to us within 30 days of receipt of this letter.

Sincerely, cc:

Tom Dalzell, Esq.,

IBEW James G. Partlow, Associate Director for Projects Office of Nuclear eactor Regul ati on

Enclosures:

1.

Ltr fm T. Dalzell to S. Chilk, 3/13/90 2.

Ltr fm S. Chilk to T. Dalzell, 3/30/90 OGC ADT:NRR

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