ML17305A901
| ML17305A901 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/31/1990 |
| From: | Goldberg J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML17305A899 | List: |
| References | |
| 2.206, NUDOCS 9006270105 | |
| Download: ML17305A901 (6) | |
Text
'ps ASCII, c<
~4 0
v
~~+
+~
o~
+a*a+
UNITED STATES NUCLEAR R EG ULATORY COMMISSION WASHINGTON, D. C. 20555 MAY 3 I 1990 MEMORANDUM FOR:
Thomas E. Murley, Director Office of Nuclear Reactor Regulation FROM:
Jack R.
Go 1dberg Deputy Assistant General Counsel for Enforcement Office of the General Counsel
SUBJECT:
2.206 PETITION SUBMITTED BY LINDA E.
MITCHELL REGARDING THE PALO VERDE NUCLEAR GENERATING STATION On May 22, 1990, the attorneys for Linda. E. Mitchell (Petitioner) submitted a
"Request for Institution of Proceedings to Modify, Suspend or Revoke License Pursuant to 10 CFR 2.206" (Petition) to the Chairman of the NRC.
Petitioner is employed by Arizona Public Service Co. (Licensee) as an associate electrical engineer at the Palo Verde Nuclear Generating Station (Palo Verde).
Petitioner alleges that she is a well-known whistleblower at Palo Verde.
She further alleges that there exist serious violations at Palo Verde in the areas of emergency lighting and fire protection uncovered by the NRC during a
routine inspection, that Licensee personnel acted improperly to "water down" the inspection findings, suppress other serious violations and discredit an NRC inspector.
In addition, Petitioner alleges that NRC Region V retaliated against the NRC inspector in question, and agreed to "water down" inspection report findings as a result of the efforts made by the Liscensee.
Petitioner claims that these actions will chill efforts by NRC inspectors and employees at NRC-licensed facilities to raise safety concerns.
Petitioner requests institution of a proceeding pursuant to 10 CFR Section 2.206 to modify, suspend or revoke the NRC licenses held by the Licensee.
As improprieties by NRC personnel have been alleged, you should undertake to refer these matters to the Inspector General for resolution.
Consequently, such issues need not be addressed in your Decision.
Also, consideration should be given to the most effective manner in which to pursue the alleged safety concerns in view of the charges made against Region V.
I have enclosed the original Petition which is being referred to your office for preparation of a response.
I have also enclosed drafts of a letter of acknowledgment to the Petitioner and a Notice of Receipt of the Petition for publication in the Federal Register.
If you want the Licensee to respond CONTACT:
Richard Hoefling 492-1690 9006270i05 90062i R
ADOCK 05000528 PDC reoarding these matters, we will assist your staff in drafting an appropriate letter.
Please inform Richard Hoefling of my staff of the technical contact who will be involved in preparing a response to the Petition.
Please ensure that I am provided copies of all correspondence related 'to the Petition and that I am asked to concur on all staff correspondence.
ack R, Goldberg Deputy Assistant Gen al Counsel for Enforcement Office of the General Counsel
Enclosures:
1.
Petition 2.
Draft Letter of Acknowledgment 3.
Draft Federal Register Notice cc w/
Enclosures:
D. llilliams, IG J. Scinto, OGC L. Chandler, OGC J. Lieberman, OE J. Hartin, RV M. Blume, RV
Docket Nos.
50-528 50-529 50-530 (10 C.F.R. Section 2.206)
David K. Colapinto, Esq.
- Kohn, Kohn
& Colapinto, P.C.
517 Florida Ave., N.W.
Washington, D.C. 20001
Dear Mr. Colapinto:
This letter is to acknowledge receipt of the Petition pursuant to 10 CFR Section 2.206 dated May 22, 1990 and filed by you on behalf of Mrs. Linda E.
Mitchell (Petitioner).
The Petitioner stated that she was employed by Arizona Public Service Co. (Licensee) as an associate electrical engineer at the Palo Verde Nuclear Generating Station (Palo Verde).
Petitioner alleges that she is a well-known whistleblower at Palo Verde.
She further alleges that there exisit serious violations at Palo Verde in the aresa of emergency lighting and fire protection uncovered by the NRC during a routine inspection, that Licensee personnel acted improperly to "water down" the inspection findings, suppress other serious violations and discredit an NRC inspector.
In addition, Petitioner alleges that NRC Region V retaliated against the NRC inspector in question, and agreed to "water dowq" inspection report findings as a result of the efforts made by the Licensee.
Petitioner claims that these actions will chill efforts by NRC inspectors and employees of NRC-licensed facilities to raise safety concerns.
Petitioner requests institution of a proceeding pursuant to 10 CFR Section 2.202 to modify, suspend or revoke the NRC licenses held by the Licensee.
Allegations in the Petition concerning improprieties on the part of NRC personnel have been referred to the Office of the Inspector General for its consideration.
Any inquiries regarding those allegations should be directed to the Office of the Inspector General.
The remaining allegations in the Petition have been referred to my office for the preparation of a response pursuant to 10 CFR Section 2.206.
As provided by Section 2.206, action will be take with respect to specific issues raised in the Petition within a reasonable time.
I have enclosed for your information a copy of the Notice that is being filed with the Office of the Federal Register for publication.
Sincerely,
Enclosure:
As stated cc:
Arizona Public Service Co.
Thomas E. Murley, Director Office of Nuclear Reactor Regulation bcc:
D. Williams, IG
[7590-Olj U.S.
NUCLEAR REGULATORY COblf1ISSION Docket Nos.
50-528 50-529 50-530 ARIZONA PUBLIC SERVICE CO.
(Palo Verde Nuclear Generating Station)
(License Nos.
)
RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R.
SECTION 2.206 Notice is hereby given that a Petition pursuant to 10 C.F.R. Section 2.206 dated Hay 22, 1990 has been filed with the Commission by Mrs. Lina E.
Mitchell (Petitioner).
Petitioner states that she is an employed by the Arizona Public Service Co. (Licensee) as an associate electrical engineer at the Palo Verde Nuclear Generating Station (Palo Verde).
Petitioner alleges that there exist serious violations at Palo Verde in the areas of emergency lighting and fire protection, that Licensee personnel acted improperly to "water down" NRC inspection findings, suppress other serious violations and discredit an NRC inspector.
In addition, Petitioner alleges that NRC Region V
agreed to "water down" inspection report findings and retaliated against the NRC inspector in question.
Petitioner claims that these actions will chill efforts by NRC inspectors and employees of NRC-licensed facilities to raise safety concerns.
~
~
The Petition has been referred to the Director of the Office of Nuclear Reactor Regulation for preparation of a Director's Decision pursuant to 10 C.F.R. Section 2.206.
As provided by Section 2.206, appropriate action will be taken with regard to the Petition within a reasonable time.
A copy of the Petition is available for inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555, and at the Local Public Document Room for the Palo Verde facility located at Dated at Rockville, Haryland this day of
-, 1990.
FOR THE NUCLEAR REGULATORY COMNISSION Thomas E. t~iurley, Director Office of Nuclear Reactor Regulation
No.
50-2 Logging Date NRC SECRETARIAT TO:
Q Commissioner Ql Exec. Dir./Oper Cl Cong. Liaison O Public Affairs Date CJ D~. Coaa~t D Solicitor O Secre'tery incoming:
From:
To:
Subject cee Pursuant to 10 CFR D
Prepare reply for signature of:
Q Chairman D Commissioner C3 EDO, GC, CL, SOL, PA, SECY C3 Signature block omitted D
C3 Return original of incoming with response C3 For direct reply Gk For appropriate action C3 For information 0
For recommendation Remarks:
'ec'd Off. EDO Date rime EDO - 005088 For the Commission:
'Send three (3) copies of reply to Secy Mail Facility NRC42A ACTIONSLIP