ML17306A991

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Responds to 920812 Petition Filed Per 10CFR2.206,which Requested NRC Enforcement Action for Alleged Violations. Petition Cannot Be Considered Per 10CFR2.206 Due to Failure to Cite Specific Observations or Explanations
ML17306A991
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 09/18/1992
From: Murley T
Office of Nuclear Reactor Regulation
To: Saporito T
AFFILIATION NOT ASSIGNED
Shared Package
ML17306A992 List:
References
2.206, NUDOCS 9209280242
Download: ML17306A991 (12)


Text

Hr. Thomas J. Saporit

, Jr.

'7881 Piper Lane Lake Worth, Florida 33463 September 18, 19

Dear Hr. Saporito:

SUBJECT:

PETITION PURSUANT TO 10 CFR 2.206 FOR NRC ENFORCEMENT ACTION REGARDING PALO VERDE NUCLEAR GENERATING STATION This is in response to your Petition filed on August 12, 1992, with the Director, Office of Nuclear Reactor Regulation.

In your Petition, you request that the U.S. Nuclear Regulatory Commission issue, for violations allegedly observed by you, two Notices of Violation to Arizona Public Service Company with the imposition of a civil penalty for each violation.

As grounds for your request, you state that you directly observed the alleged violations.

However, you have failed in each instance to cite what you specifically observed or explain how what you observed supports a violation.

You simply made reference to your Department of Labor case file (92-ERA-30) and your deposition taken in that case on July 23 and 24, 1992.

You submitted no specific factual basis to support your claim that violations requiring enforcement action have occurred.

Accordingly, it is not appropriate to consider your Petition pursuant to 10 CFR 2.206.

That regulation requires that the Petition "set forth the facts h

t<<

1 1

i f tt q

t.'"

Physi dlli E1 (Limerick Generating Station, Units 1 and 2),

DD 85-11, 22 NRC 149, 154 (1985).

Since you have not set forth the factual basis for your request with the requisite specificity, no further action will be taken on your request under 10 CFR 2.206.

We are,

however, entering your allegations into the NRC's allegation management system for appropriate consideration.

Sincerely,

!Orz'mrna'igned by 9209280242 920918

~&NBEo Hurley PDR

'ADOCK '05000M8 I

Thomas E. Hurley, Director PDRI Office of Nuclear Reactor Regulation DISTRIBUTION:

/Docket Files (50-528, 50-529, 50-530 w/incoming)

NRC

& Local PDRs PDV Reading File PDV Action File(w/incoming)

THurley/FHiraglia, 12G18

JPartlow, 12G18 JGoldberg, 15B18 BBoger HVirgilio Tguay CTrammell (w/incoming)

DFoster NRR Mail Room (YT0920200),

12G18 (a>a Sooi)

BClayton, (YT0920200),

12G18

TGibbons, YT0920200
BGrimes, DRIS
KPerkins, RV
OPA, 2G5
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PDV D

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P0 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 205SS September 18, 1992 Hr. Thomas J. Saporito, Jr.

7881 Piper Lane Lake Worth, Florida 33463

Dear Hr. Saporito:

SUBJECT:

PETITION PURSUANT TO 10 CFR 2.206 FOR NRC ENFORCEHENT ACTION REGARDING PALO VERDE NUCLEAR GENERATING STATION This is in response to your Petition filed on August 12, 1992, with the Director, Office of Nuclear Reactor Regulation.

In your Petition, you request that the U.S. Nuclear Regulatory Commission issue, for violations allegedly observed by you, two Notices of Violation to Arizona Public Service Company with the imposition of a civil penalty for each violation.

As grounds for your request, you state that you directly observed the alleged violations.

However, you have failed in each instance to cite what you specifically observed or explain how what you observed supports a violation.

You simply made reference to your Department of Labor case file (92-ERA-30) and your deposition taken in that case on July 23 and 24, 1992.

You submitted no specific factual basis to support your claim that violations requiring enforcement action have occurred.

Accordingly, it is not appropriate to consider your Petition pursuant to 10 CFR 2.206.

That regulation requires that the Petition "set forth the facts h

tit <<h h

i i h

q t."

~Phil d

1 hi ii (Limerick Generating Station, Units 1 and 2),

DD 85-11, 22 NRC 149, 154 (1985).

Since you have not set forth the factual basis for your request with the requisite specificity, no further action will be taken on your request under 10 CFR 2.206.

We are, however, entering your allegations into the NRC's allegation management system for appropriate consideration.

Sincerely, Thomas E. Hurley, Director Office of Nuclear Reactor Regulation

j

Hr. Thomas J. Saporit

, Jr.

'7881 Piper Lane Lake Worth, Florida 33463

Dear Hr. Saporito:

SUBJECT:

PETITION PURSUANT TO 10 CFR 2.206 FOR NRC ENFORCEMENT ACT ON REGARDING PALO VERDE NUCLEAR GENERATING STATION This is in response to your Petition filed on August 12,

1992, ith the Director, Office of Nuclear Reactor Regulation.

In your Peti on, you request that the U.S. Nuclear Regulatory Commission issue, for viola ions allegedly observed by you, two Notices of Violation to Arizona Publi Service Company with the imposition of a civil penalty for each violation As grounds for your request, you state that you direct) observed the alleged violations.

However, you have failed in each instancd to cite what you specifically observed or explain how what you obseryed supports a violation.

You simply made reference to your Department of Lpb'or case file (92-ERA-30) and your deposition taken in that case on July 2P and 24, 1992.

You submitted no specific factual basis to support your clai ithat violations requiring enforcement action have occurred.

Accordingly, it is not appropriate to consj er your Petition pursuant to 10 CFR 2.206.

That regulation requires tpat the Petition "set forth the facts th I<<h h I*d I

t Ill dl hl (Limerick Generating Station, Units 1 gnd 2),

DD 85-11, 22 NRC 149, 154 (1985).

Since you have not set fortgithe factual basis for your request with the requisite specificity, no further'r action will be taken on your request under 10 CFR 2.206.

We are,

however, entering your allegations into the NRC's allegation management system for appropriate disposition.

Sincerely, Thomas E. Hurley, Director Office of Nuclear Reactor Regulation k.

DISTRIBUTION Docket Files (50-5

, 50-529, 50-530 w/incoming)

PDV Reading File THurley/FHiragli 12G18 JGoldberg, 15B HVirgilio CTrammell (w incoming)

NRR Hail dom (YT0920200),

12G18 TGibbons YT0920200

OPA, 2G
  • See P evious Concurrence NRC

& Local PDRs PDV Action File(w/incoming)

JPartlow, 12G18 BBoger TQuay DFoster
BClayton, (YT0920200),

12G18

KPerkins, RV
OCA, 17A3 OFC DV LA NAME/ DFoster DAY 09 J&/92 PDV/P mmell:lh 09/ 4/92 PDV D

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  • Tech Editor JMain 09/11/92
  • AD45 DRPW HVir ilio 09/14 92 ADP NRR JPartlow
  • D:DRPW BBo er FC NAME 09/

/92 09 16 92 DATE OFFICIAL RECORD COPY DD:NRR FHira lia 09 92 D:NRR THurley f /8 Pz 09

/92 DOCUMENT NAME:YT020

Hr. Thomas J. Saporito, Jr.

7881 Piper Lane Lake Worth, Florida 33463

Dear Hr. Saporito:

SUBJECT:

PETITION PURSUANT TO 10 CFR 2.206 FOR NRC ENFORCEMENT CTION

.REGARDING PALO VERDE NUCLEAR GENERATING STATION

,'his is in response to your Petition filed on August 12, 1992, with the Director, Office of Nuclear Reactor Regulation.

In your Pe(ition, you request that, the U.S. Nuclear Regulatory Commission issue, for vio'lations allegedly observed by you, two Notices of Violation to Arizona Public Service Company with the imposition of a civil penalty for each violati~on.

As grounds for your request, you state that you directly observed the alleged

'iolations.

However, you have failed in each insta'nce to cite what you

-specifically observed or explain how what you observed supports a violation.

You simply made reference to your Department of/Labor case file (92-ERA-30) and your deposition taken in that case on July~23 and 24, 1992.

You submitted no specific factual basis to support your cia'im that violations requiring enforcement action have occurred.

Accordingly, it is not appropriate to co sider your Petition pursuant to 10 CFR 2.206.

That regulation require+that the Petition "set forth the facts h<<l<<h h l*d h

dd t.w hit Elhi El (Limerick Generating Station, Units 1 and 2),

DD 85-11, 22 NRC 149, 154 (1985).

Since you have not set fo th the factual basis for your request with the requisite specificity, no fur her action will be taken on your request.

Sincerely, Thomas E. Hurley, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

Docket Files (50-52

, 50-529, 50-530 w/incoming)

PDV Reading File THurley/FHiraglip, 12G18 JGoldberg, 15Bl HVirgilio CTrammell (w

ncoming)

NRR Hail Ro m (YT0920200),

12G18

TGibbons, T0920200
OPA, 2G5
  • See revious Concurrence NRC

& Local PDRs PDV Action File(w/incoming)

JPartlow, 12G18 BBoger Tguay DFoster
BClayton, (YT0920200),

12G18

KPerkins, RV
OCA, 17A3 OFC DV LA PDV/P
  • Tech Editor AD45 DRPW NAME DFoster D

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/92 ay 09 92 JMain 09 11 92 HVir ilio 09 / /92 OFC NAME DATE D:DRPW BBo er 09 iF/92 ADP NRR JPartlow 09 92 DD:NRR FHira lia 09

/92 D:NRR THurley 09 92 OFFICIAL RECORD COPY DOCUMENT NAME:YT0200

)t

Hr. Thomas J.

Sapor ito, Jr.

7881 Piper Lane Lake Worth, Florida 33463

Dear Hr. Saporito:

SUBJECT:

PETITION PURSUANT TO 2.206 FOR NRC ENFORCEMENT ACTION PALO VERDE NUCLEAR GENERATING STATION This is in response to your Petition filed on August 12, 199

, with the Director, Office of Nuclear Reactor Regulation.

In your Pgtition, you request that the Nuclear Regulatory Commission issue, for violatj6ns allegedly observed by you, two Notices of Violation to Arizona PuPlic Service Company with the imposition of a civil penalty for each viola >on.

As grounds for your request, you state that you dir ctly observed the alleged violations.

However, you have failed in each ins nce to cite what you specifically observed or explain how what you ob erved supports a violation.

You simply made reference to your Department o

Labor case file (92-ERA-30) and your deposition taken in that case on Jul 23 and 24, 1992.

No specific factual basis has been provided by you to s port your claim that violations requiring enforcement action have occurred Accordingly, it is not appropriate to c sider your Petition pursuant to 10 CFR 2.206.

That regulation requir that the Petition "set forth the facts Pl ll N I I I 11 (Limerick Generating Station, Units 1 and 2),

DD 85-11, 22 NRC 149, 154 (1985).

Since you have not set fp th the factual basis for your request with the requisite specificity, no f r'ther action will be taken on your request.

Sincerely, Thomas E. Hurley, Director Office of Nuclear Reactor Regulation J

DISTRIBUTION:

RR IK P'N~il (N -

N RN-,NNg, NRC 1 I I

PNII PDV Reading File j

PDV Action File(w/incoming)

THurley/FHiragli 12G18

JPartlow, 12G18 JGoldberg, 15B BBoger

'Virgilio Tguay

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( /incoming)

DFoster

'NRR Mail om (YT0920200),

12G18

BClayton, (YT0920200),

12G18 TGibbons YT0920200

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92 OFFICIAL RECORD COPY DOCUMENT NAME'YT0200

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FROM:

30 ORIGINAL DUE DT: 09/~92 JACK R.

GOLDBERG, DEP.

ASSIST.

GEN.

COUNSEL FOR OFFICE OF THE ENFORCEMENT GENERAL COUNSEL TICKET NO: 0920200 DOC DT: 08/31/92 NRR RCVD DATE: 09/02/9'2 TO:

MURLEY FOR SIGNATURE QF:

YEL

~em @~i ll'.)

DESC THOMAS J.

SAPQRITO JR.,

REQUEST, PURSUANT

> 2. 206

'.; FQR NRC ENFORCEMENT ACTIONS AGAINST

.:VERDE NUCLEAR GENERATING STATION

/)

'ABSIGNFD TO:

CONTACT:

TQ PALO ROUTING:

MURLEY MIRAGLIA PARTLOW MAIL ROOM'12 G

18 DRPW BQGER Please review the due date immediately:

If the due date does nat allow adequate time to respond ta this

ticket, you may request a revised due date.

The request must have prior approval from the appropriate Assaciate Director or NRR Deputy Director and must include a valid justification.

Cantact NRR mailroom with the new due date (Celeste Smyre,e>;t-21229)

~

Please do not, carry concurrence packages to Directors office without first going through the NRR mailraom.

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