ML17348B402
| ML17348B402 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 02/20/1992 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Saporito T AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17348B403 | List: |
| References | |
| 2.206, DD-90-01, DD-90-1, NUDOCS 9202270447 | |
| Download: ML17348B402 (7) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20%6 February 20, 1992 Mr. Thomas Saporito 1202 Sioux Street
- Jupiter, Florida 33458
Dear Hr. Saporito:
I am writing to acknowledge receiving your letter of January 3,
1992, in which you requested pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206) that the U.S. Nuclear Regulatory Commission (NRC) institute a
show cause proceeding pursuant to 10 CFR 2.202 regarding the Florida Power and Light Company (FPL, the licensee) which operates and owns the Turkey Point Plant, Units 3 and 4, near Homestead, Florida.
In your
- letter, you also requested that the NRC initiate enforcement action against FPL for violating 10 CFR 50.7 and the Atomic Energy Act.
You assert, as bases for your request, that in December
- 1988, you were fired from your job as an Instrument Control Technician at the Turkey Point Plant because you raised nuclear safety concerns to the NRC Region II office, that FPL is continuing to practice conduct in violation of the Atomic Energy Act and 10 CFR 50.7 and recently fired Hr. Robainas for identifying nuclear safety concerns to NRC Region II personnel, and that this action by FPL has resulted in a significant "chilling effect" on the willingness of employees to raise safety concerns at FPL's Turkey Point and St. Lucie nuclear stations.
The Office of Nuclear Reactor Regulation (NRR) has reviewed your letter and concluded that it does not provide any basis for any action against FPL.
Our basis for this position is that you have provided no new information that has not already been addressed by the licensee and the NRC staff.
On June 30,
- 1989, the U.S, Department of Labor (DOL) Administrative Law Judge (ALJ) issued a decision which held that FPL discharged you solely as a result of insubordination (Case
- Nos, 89-ERA-7/89-ERA-17).
If the Secretary of Labor reverses or modifies the ALJ's decision, the NRC will consider whether enforcement action against the licensee is appropriate.
This matter was discussed in Director's Decision DD-90-01 which was transmitted to you by a letter of Harch 22, 1990.
The NRC concludes that, since no violation occurred under 10 CFR 50.7, the NRC has no cause for taking any action at this time.
The DOL is reviewing Hr. Robainas'ischarge from FPL.
The NRC will consider whether or not to take enforcement action when DOL has completed its review of this matter.
You also asserted that the firing of Hr. Robainas resulted in a significant chilling effect at the Turkey Point and St.
Lucie nuclear sites.
To address this assertion and the allegations submitted by Hr. Robainas, the NRC conducted a team inspection from October 28 through November 8, 1991 to determine if FPL was conducting any unsafe engineering practices or allowing unsafe operating conditions, as alleged, or if FPL's personnel practices resulted in a chilling effect upon other employees in raising safety issues, The team found no evidence that personnel employed at the Turkey Point or 9202270447 920220 PDR ADOCK 05000250 H
1
Hr. Thomas Saporito FebrUary 20, 1992 St. Lucie plants were prohibited or discouraged from pursuing safety concerns.
On January 2,
1992, the NRC issued Inspection Report 50-250/91-45 and 50-251/91-45.
A copy is enclosed for your information.
I have concluded, for the reasons stated herein, that no action on your request pursuant to 10 CFR 2.206 is warranted.
I have enclosed for your information a copy of the notice of receipt and denial of your petition that is being filed with the Office of the Federal Register for publication.
Sincerely, Signed by Frank J. Miraglia for:
Thomas E. Hurley, Director Office of Nuclear Reactor Regulation
Enclosures:
- l. Inspections Report Nos.5@~ ~~+'~<
50-250/91-45 and 50-251/91-45
- 2. Federal Re ister Notice cc w/enclosures:
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Mr. Thomas Saporito Turkey Point Plant CC Harold F. Reis, Esquire Newman'nd Holtzinger, P.C.
161S L Street, N.V.
Mashington, DC 20036 Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature 111 Mest Madison Avenue, Room 812 Tallahassee, Florida 32301 John T. Butler, Esquire
- Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. Thomas F. Plunkett, Site Yice President Turkey Point Nuclear Plant Florida Power and Light Company P.O.
Box 029100 Joaquin Avino County Manager of Metropolitan Dade County 111 NM 1st Street, 29th Floor Miami, Florida 33102 Senior Resident Inspector Turkey Point Nuclear Generating Station U.S. Nuclear Regulatory Commission P.O.
Box 1448 Homestead, Florida '3090 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Qinewood Blvd.
Tallahassee, Florida 32399-0700 Mr, Robert G.
Nave, Director Emergency Management Department of Community Affairs 2640 Centerview Drive Tallahassee, Florida 32399-2100 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.M. Suite 2900
- Atlanta, Georgia 30323 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant Manager Turkey Point Nuclear Plant Florida Power and Light Company P.O.
Box 029100 Miami, Florida 33102 Mr. R.
E. Grazio
- Director, Nuclear Licensing Florida Power and Light Company P.O.
Box 14000 Juno
- Beach, Florida 33408-0420 Mr. J.
H. Goldberg President - Nuclear Division Florida Power and Light Company P,O.
Box 14000 Juno
- Beach, Florida 33408-0420
DISTRIBUTION LIST FOR SAPORTIO.LTR DATED..
February 20, 1992
'Docket File(50-250 and 50-251)j NRC 5 Local PDRs EDO Reading PDII-2 RDG T. Hurley/F. Hiraglia J. Partlow S.
Varga G. Lainas H. Berkow R. Auluck D. Hiller OPA OCA
- f. Tana, PHAS J. Taylor V. Yanez (2) P-223 C. Cater, SECY H. Halsch, OGC J. Goldberg, OGC ASLBP S. Burns, OCAA ACRS (10)
H. Sinkule, RII