ML17311A513
| ML17311A513 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 12/20/1994 |
| From: | Russell W Office of Nuclear Reactor Regulation |
| To: | Saporito T SAPORITO, T.J. |
| Shared Package | |
| ML17311A514 | List: |
| References | |
| 2.206, NUDOCS 9412280385 | |
| Download: ML17311A513 (10) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555.0001 December 20, 1994 Nr. Thomas J. Saporito, Jr.
President and CEO Florida Energy Consultants, Inc.
1620 North U.S.
Hwy. 1, Suite 6
- Jupiter, Florida 33469-3241
Dear Nr.. Saporito:
I am responding to your letter of November 14, 1994, filed pursuant to Section 2.206 of Title 10 of the Code of Federal Re ulations (10 CFR 2.206).
In your petition, you request that Linda E. Mitchell and Florida Energy Consultants, Inc.,
be granted (1) an administrative public hearing before the Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board and (2) leave to intervene in such a hearing.
You also request that the NRC (3) issue a
confirmatory order requiring the licensee to immediately bring all three units at the Palo Verde Nuclear Generating Station to 0 percent power until such time as the licensee can demonstrate corrective actions obviating any inference of a hostile work environment and (4) issue a demand for information to the licensee seeking an explanation as to why the NRC can have confidence that the licensee will ensure that an environment exists free of harassment, intimidation, and discrimination, both in general throughout its organization and in particular with respect to certain named individuals.
In addition, with respect to these individuals, the staff interprets your letter as also requesting that the NRC require the licensee to provide (5) a description of these individuals'urrent employment duties and responsibilities, (6) an explanation as to why the NRC can have confidence that these individuals will comply with NRC requirements, (7) information as to why the Commission should not take action to prohibit these individuals from being involved in NRC-licensed act'ivities, (8) information as to why the NRC should have reasonable assurance that these individuals will abide by NRC regulations that protect individuals who engage in protected activities, and (9) any other information the licensee believes to be relevant to the Commission's decision in this matter.
In your petition, you assert as a basis for your requests that the licensee has been the subject of numerous complaints filed under the Energy Reorganization Act of 1974 and adjudicated by the Department of Labor under the employee protection provisions found under 29 CFR Part 24.
In addition, you assert that a hostile work 'environment is pervasive and encompasses all three units at Palo Verde, as well as being condoned and fostered by licensee management to dissuade employees at Palo Verde from identifying safety concerns internally or directly to NRC representatives.
You also assert that you and the other petitioner are subject to physical harm and loss of personal property should Palo Verde experience a nuclear accident as a direct or indirect result of the hostile work environment at this facility.
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I Hr. Thomas J. Saporito, Jr. December 20, 1994 Your current requests are similar to those in a petition dated Hay 12,
- 1993, as supplemented on Hay 28,
- 1993, in which you requested that the NRC institute a proceeding pursuant to 10 CFR 2.202 to modify, suspend, or revoke the Palo Verde Nuclear Generating Station operating licenses; initiate actions to immediately shut down, the three nuclear reactors at Palo Verde; take escalated enforcement action against the licensee and/or licensee management personnel; and take immediate actions to cause an exhaustive survey of licensee employees at Palo Verde to ascertain the scope and breadth of any chilling effect that may exist at the nuclear station and to discover if licensee management actions, if any, were effective in limiting any chilling effect at the nuclear station.
In addition, the bases for your current requests are similar to the bases in your requests of Hay 12, 1993.
You as'serted as bases for your prior
- requests, in part, that the licensee had violated 10 CFR 50.7, "Employee Protection";
you alleged that the licensee had a reputation for leading the nation in whistleblower complaints; you pointed to the Department of Labor discrimination cases involving licensee employees, Linda Hitchell and Sarah
- Thomas, and the resulting issuance by the NRC of a notice of violation and proposed imposition of civil penalties on September 20, 1992; and you asserted continuing discrimination by the licensee against you in denying you employment at the Palo Verde Nuclear Generating Station.
Since your requests of Hay 12,
- 1993, and November 14,
- 1994, are similar, the staff is addressing the current letter together with the petition of Hay 12,
- 1993, as supplemented, for 'purposes of preparing a director's decision.
The staff will review your petition in accordance with 10 CFR 2.206.
I will issue a final decision with regard to your petition within a reasonable time.
Hy staff will continue to provide you with routine updates on the status of your petition.
I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.
Docket Nos.
STN 50-528, STN 50-529 and STN 50-530 (10 CFR 2.206)
Enclosure:
Notice cc w/encl.
See next page DOCUHENT NAHE:
PV2206.ACK Sincerely, 0ri'gl'nal aignod W
ÃIILIAMT RUSSELL William T. Russell, Director Office of Nuclear Reactor Regulation
- See Previous Sheet for Concurrence OFC DRPW LA NAHE DFoster-Curseen DATE 12/P/94 PDIV-2 PH LTran6 12/ i5 /94 PDIV-2 PH BHol i a 12/ /~/94 PDIV-2/D Tguay 12 i5/94 OGC SHLewis*
12 13/94 OFC Tech Editor DRPW D
ADP f4~
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NAHE HHejac*
DATE 12 12 94 RZimmerman 12 /I 94 JRoe*
12 13 94 OFFICIAL RECORD COPY Russell 12 'Y 94
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Mr. Thomas J. Saporito, Jr.
December 20, 1994 Your current requests are similar to those in a petition dated May 12,
- 1993, as supplemented on Hay 28, 1993, in which you requested that the NRC institute a proceeding pursuant to 10 CFR 2.202 to modify, suspend, or revoke the Palo Verde Nuclear Generating Station operating licenses; initiate actions to immediately shut down the three nuclear reactors at Palo Verde; take escalated enforcement action against the licensee and/or licensee management personnel; and take immediate actions to cause an exhaustive survey of licensee employees at Palo Verde to ascertain the scope and breadth of any chilling effect that may exist at the nuclear station and to discover if licensee management actions, if any, were effective in limiting any chilling effect at the nuclear station.
In addition, the bases for your current requests are similar to the bases in your requests of May 12, 1993.
You asserted as bases for your prior
- requests, in part, that the licensee had violated 10 CFR 50.7, "Employee Protection";
you alleged that the licensee had a reputation for leading the nation in whistleblower complaints; you pointed to the Department of Labor discrimination cases involving licensee employees, Linda Mitchell and Sarah
- Thomas, and the resulting issuance by the NRC of a notice of violation and proposed imposition of civil penalties on September 20, 1992; and you asserted continuing discrimination by the licensee against you in denying you employment at the Palo Verde Nuclear Generating Station.
Since your requests of May 12,
- 1993, and November 14,
- 1994, are similar, the staff is addressing the current letter together with the petition of Hay 12,
- 1993, as supplemented, for purposes of preparing a director's decision.
The staff will review your petition in accordance with 10 CFR 2.206.
I will issue a final decision with regard to your petition within a reasonable time.
My staff will continue to provide you with routine updates on the status of your petition.
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, Sjgl:68 Pv:
.~..;.r.ru v.
RUG."..F..~
William T. Russell, Director Office of Nuclear Reactor Regulation Docket Nos.
STN 50-528, STN 50-529 and STN 50-530 (10 CFR 2.206)
Enclosure:
Notice cc w/encl.
See next page DOCUMENT NAME:
PV2206.ACK
- See Previous Sheet for Concurrence OFC DRPW LA NAME DFoster-Curseen DATE 12/5/94 PDIV-2 PH PDIV-2 PH LTran6 BHolia 12 8 /94 12/ ~94 PDIV-2 D Tguay 12/t5/94 OGC SHLewis*
12 13 94 ADP V~
RR:
RZimmerman Russell 12 /f 94 12/F 94 JRoe*
12 13 94 NAME MHejac*
DATE 12/12/94 OFFICIAL RECORD COPY OFC Tech Editor DRPW D
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II DISTRIBUTION:
Acknowledgement Ltr. to Mr. Thomas J. Saporito, Jr.
dated December 20, 1994 9 AND STN 50-530 w/incoming)
+ Docket File (STN 50-528, STN 50-52 PUBLIC (w/incoming letter)
PDIV-2 Reading (w/incomi ng letter)
EDO Reading WRussell/FMiraglia RZimmerman JRoe Tguay LTran BHolian DFoster-Curseen TGibbons AThadani DCrutchfield OPA OCA JGoldberg, OGC NRR Mailroom (EDO 10635 w/incoming)
DMorris (EDO 10635)
JTaylor JMilhoan HThompson JBlaha JLieberman, OE
- JCallan, RGN-IV
- KPerkins, RIV/WCFO SECY
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Mr. Thomas J. Saporito, Jr.
CC:
Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street
- Phoenix, Arizona 85007 T. E. Oubre, Esq.
Southern California Edison Company P. 0.
Box 800
- Rosemead, California 91770 Senior Resident Inspector USNRC P. 0.
Box 40 Buckeye, Arizona 85326 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower E Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street
- Phoenix, Arizona 85040 Chairman Maricopa County Board of Supervisors 111 South Third Avenue
- Phoenix, Arizona 85003 Mr.
Cur tis Hoskins Executive Vice President and Chief Operating Officer Palo Verde Services 2025 N. 3rd Street, Suite 220
- Phoenix, Arizona 85004 Roy P.
Lessey. Jr.,
Esq.
Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Avenue, Suite 400 Washington, DC.
20036 Ms. Angel a K. Kr ai ni k, Manager Nuclear Licensing Arizona Public Service Company P. 0.
Box 52034
- Phoenix, Arizona 85072-2034 Mr. William T. Stewart Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999
- Phoenix, Arizona 85072-3999
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