ML17310B103

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Requests That Util Respond to Allegations Stated in Petition Received from Tj Saporito Dtd 940201,requesting That NRC Take Certain Actions Per 10CFR2.206
ML17310B103
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 03/08/1994
From: Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To: Conway W
ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
2.206, NUDOCS 9403170110
Download: ML17310B103 (6)


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O W~*y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 ms 0 8 I%4 Arizona Public Service Company ATTN:

William F.

Conway Executive Vice President Nuclear P. 0.

Box 53999

Phoenix, Arizona 85072-3999

Dear Mr. Conway:

The NRC has recently received a letter (petition) from Thomas Z.

Saporito dated February 1,

1994 requesting that certain actions be taken pursuant to 10 CFR 2.206.

A copy of this petition is enclosed.

As a basis for his request, among other things, Mr. Saporito quotes statements attributed to Mark Fallon, whom Mr. Saporito refers to as a "licensee spokesman".

In particular, Mr. Fallon is quoted in a West Valle View news article as stating that We'e going to encourage people to bring forward safety

concerns, and would hope that they would use their supervisory chain, their management team, or even the on-site independent organizations like the Employee Concerns Department, to resolve those issues before they feel the need to go to such an organization

[as the Buckeye, Arizona Regional Office of the National Whistleblower Center].

Mr. Saporito asserts that these comments increase the existing "chilling effect" at the facility by discoura in employees at Palo Verde from utilizing the NRC as an agency for which the employees may identify safety concerns about operations at Palo Verde without fear of retaliation by the licensee (emphasis in original).

I The NRC supports your encouraging employees to raise safety concerns.

Nevertheless, we request that you respond to this allegation and provide a description of the facts surrounding the statements allegedly made by Mr. Fallon.

In particular, please describe any action Arizona Public Service Company has taken, or plans to take, to make it clear to all APS employees that they may take their safety concerns to the NRC without fear of retaliation.

You may also respond to other allegations in the Petition if you wish.

We will consider your response, as well as any comments from Mr. Saporito on your response, in acting on Mr. Saporito's 2.206 petition.

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Arizona Public Service Company In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"

a copy of this letter and your response will be placed in the NRC Public Document Room.

The responses requested by this letter are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub.

L.

No.96-511.

Sincerely, mes Lieberman, Director ffice of Enforcement

Enclosure:

As Stated cc: T. Saporito

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