ML17306A877
| ML17306A877 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/11/1992 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Colapinto D ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| Shared Package | |
| ML17306A878 | List: |
| References | |
| NUDOCS 9208130218 | |
| Download: ML17306A877 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 AUG 11 1992 Docket: Nos.
50-528, 50-529, and 50-530 (10 C.F.R. 5 2.206)
Mr. David K. Colapinto, Esq.
National Whistleblower Center 517 Florida Avenue, N.W.
Washington, D.C.
20001-1850
Dear Mr. Colapinto:
This letter is to acknowledge receipt of your letter dated July 20, 1992, to Chairman Selin; requesting that the Commission take enforcement action with regard to the Palo Verde Nuclear Generating Station.
Zn your letter you request on behalf of your
- clients, Ms. Linda E. Mitchell and Ms. Sarah C. Thomas, that the NRC take "prompt and effective enforcement action against Palo Verde in the next 30 days" to stop harassment and intimidation of licensee employees who raise safety concerns.
Specifically, you request that the NRC assess severe civil penalties against the licensee and initiate show cause proceedings to revoke,
- modify, and/or suspend Palo Verde's operating license.
As a basis for this request, you allege that Ms. Mitchell and Ms.
Thomas have been subjected to continuing and ongoing harassment, intimidation, discrimination and a "hostile work environment" by Palo Verde management, as confirmed by two decisions by Department of Labor (DOL) Administrative Law Judges (ALJs).
In this regard, you assert that if the NRC decides to defer enforcement action pending the Secretary of Labor's final review of these decisions, the results would be contrary to Congress'ntent and send the wrong message to Palo Verde's management, and have a "chilling effect" on other employees raising safety concerns.
Your letter is being treated as a Petition and has been referred to me pursuant to 10 C.F.R.
g 2.206 of the Commission's regulations.
Your request that the NRC take action "in the next 30 days" is hereby denied.
Although your Petition raises serious concerns regarding discrimination against your clients, your Petition has not identified any new issues which present an immediate hazard to the health and safety of the public.
Nevertheless, the NRC Staff views these concerns very seriously and is currently reviewing this matter'n order to determine if enforcement action is appropriate.
Although a full evaluation of these'ssues will take longer than 30 days, as provided by Section 2.206, action will be taken on your additional requests within a reasonable time.
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Mr. Colapinto, Esq.
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, Mkg James Lieberman, Director Office of Enforcement
Enclosure:
As stated cc:
Arizona Public Service Company
Distribution:
- JTaylor, EDO
- JSniezek, DEDR HThompson, DEDR
- JBlaha, AO/EDO
- TMurley, NRR
- JPartlow, NRR
- BHayes, OI OE Day File OE OGC CMullins JGol berg 8/7 /92 8//I'g/92 NRR:AD JPartl 8/iQ/92 RV RHuey 8/Ip/92 D:OE JLieberman 8/ (i /92
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