ML17354A528
| ML17354A528 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point, Saint Lucie  |
| Issue date: | 06/14/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Saporito T SAPORITO, T.J. |
| Shared Package | |
| ML17354A529 | List: |
| References | |
| 2.206, NUDOCS 9706190347 | |
| Download: ML17354A528 (10) | |
Text
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Hr. Thomas J. Saporito, Jr.
National Litigation Consultants 6230 West Indiantown
- Road, Suite 7-355
- Jupiter, FL 33458
Dear Hr. Saporito:
This letter acknowledges receipt of your Petition dated April 23,
- 1997, as supplemented Hay 11 and 17, 1997, (Petition) filed with the Chairman of the U.S. Nuclear Regulatory Commission (Commission or NRC) on behalf of yourself and the National Litigation Consultants (Petitioners) requesting action by the Commission regarding Florida Power 8 Light Company (licensee or FPL).
Your requests are summarized below.
In your initial Petition, you ask the Commission to; (1) modify, suspend, or revoke FPL's operating licenses for St. Lucie, Units 1
and 2, and Turkey Point, Units 3 and 4, until FPL can sufficiently demonstrate that employees at the FPL nuclear facilities are exposed to a work environment that encourages employees to freely raise safety concerns directly to 'the NRC without being required to first identify safety concerns to the licensee; (2) take escalated enforcement action because of discriminatory practices of the licensee in violation of 10 CFR 50.7 and/or other NRC regulations, and that the enforcement actionbe retroactive to the initial occurrence of the violation by the licensee; (3) conduct a public hearing through the Atomic Safety and Licensing Board and permit Petitioners leave to intervene to perfect an evidentiary record in consideration of whether the licensee has violated NRC requirements; (4) require the licensee to post a written notice alongside each NRC Form 3 currently posted at the licensee's nuclear facilities that alerts employees that they can directly contact the NRC about safety concerns without first identifying the safety concerns to the licensee; (5) require the licensee to provide a copy of the posted communications to all employees and insure that all employees are made aware of those communications through the licensee's General Employee Training Program; and (6) require the licensee to provide the NRC with written documents authored by licensee officers under affirmation that the requirements described in items (4) and (5) have been fully complied with.
In your supplement of Hay 11,
- 1997, you request the imposition of a civil penalty in the amount of $ 100,000 against each of three former FPL managers and that the NRC refer the matter of the conduct of these managers to the Department of Justice (DOJ) for consideration of invoking criminal proceedings.
In your supplement of Hay 17,
- 1997, you request that the Commission:
(1) impose a civil penalty in the amount of $ 100,000 against each of six FPL employees, restrict these employees from licensed activities, and revoke their unescorted
.access to nuclear facilities; (2) impose a civil penalty in the amount of $ 100,000 against the International Brotherhood of Electrical Workers
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(IBEW) and require IBEW to inform its members of their right to report safety concerns directly to the NRC and that IBEW encourages such action; (3) impose a civil penalty in the amount of $ 100,000 against each of two licensee representatives; (4) cause an investigation into the "willful falsification" of a company business record; (5) cause an investigation into the "cause of transcript records found missing" in Department of Labor (DOL) case 89-ERA-07 and 89-ERA-17; (6) refer the conduct of the referenced individuals and entities to DOJ for consideration of invoking criminal proceedings, and (7) conduct an interview with the Petitioners regarding the substance of their Petition.
As grounds for these
- requests, you assert that the NRC's failure to take enforcement action against the licensee on the basis of the Secretary of Labor's finding in case 89-ERA-07/17 that FPL violated the Energy Reorganization Act when it discharged an employee for raising safety concerns has resulted in a "chilling effect" at FPL and continued discrimination against employees by FPL in violation of 10 CFR 50.7.
In addition, in your supplement to your Petition of Hay 11,
- 1997, you assert that the employee's "Damages Brief" in the DOL proceeding establishes that the licensee and its managers are liable for creating a hostile work environment at Turkey Point and have failed to stop harassment and discrimination against the employee.
You further assert that the record in this case contains evidence showing direct participation of the employee's chain of command in the retaliatory actions taken against the employee.
In your supplement to your Petition of Hay 17,
- 1997, you assert that certain pleadings and transcripts in the DOL case referenced above establish the fact that licensee employees and union members played a role in discriminating against you and set out the chronology of events surrounding missing record transcripts and the falsification of a licensee company business record.
You further assert that there exists additional evidence that requires detailed explanation by Petitioners that necessitates that the NRC interview Petitioners at length, In addition, by letter dated Hay 20, 1997, to Hr; Luis A. Reyes, Regional Administrator, Region II, you requested a meeting to discuss the substance of your Petition as well as the protection that will be provided to you should you again raise nuclear safety concerns once you are reinstated to your position at the St.
Lucie Nuclear Station.
Your Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations.
As provided by Section 2.206, action will be taken on your request within a reasonable time.
I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.
I have also enclosed for your information a
pamphlet on the public petition process.
I'%1 fi
T. Saporito, Jr. With regard to your request for a meeting with NRC staff to discuss the substance of the 2.206 Petition and supplements, you may call Mr. Leonard A.
Wiens, of my staff at (301) 415-1495 to arrange a suitable day and time for a meeting at the NRC's Headquarters in Rockville, Maryland.
Sincerely, Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosures:
1.
Federal Register Notice 2.
Petition Process Pa'mphlet cc:
See next page DISTRIBUTION:
See attached list DOCUMENT NAME:
G:(STLUCIE)2.206
- See previous concurrence To receive a copy of this document, indicate in the box:
"C" = Copy without attachment enclosure "E" = Co y with attachment enclosure "N" = No co y OFFICE DATE P II-3:PH Hiens:mM 06/
/97 PDI 1-3:LA BCla 'ton 06/
/97 PDI I-3:D FHebdon 0
/97 TECH ED*
BCalure 06/0 /97 OFFICE OGC SChidakel HAHE DD:DRPE JZwolinski D:
PE ADPR HR RZimnerman Collins DATE 06/
/97 06/
/97 0/
7 OFFICIAL C
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Acknowledgement Letter to Thomas J. Saporito, Jr.
'IRECTOR'S DECISION UNDER 10 CFR 2,206 DISTR I BUTION:
,Docket File (50-250, 50-252, 50-335 8 50-389) (w/original incoming letter)
PUBLIC (w/incoming letter)
EDO¹970311 EDO Reading PDII-3 Reading (w/incoming)
S. Colllins/F. Hiraglia R.
Zimmerman S.
Varga J. Zwolinski F.
Hebdon L. Wiens B. Clayton H. Boyle (e-mail only HLB4)
H.'hadani OPA OCA NRR Hail Room (EDO¹970311 w/incoming) (012/G/18)
C. Norsworthy J.
Goldberg J.
- Johnson, RII T. Hartin M. Slosson W. Travers J.
Kennedy H. Callan E. Jordan H. Thompson P. Norry J.
Blaha S.
Burns K. Cyr, OGC J.
Lieberman, OE S. Chidakel
~ ~
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T. Saparito, Jr.
cc w Incomin And Enclosure 1:
Mr. T.
F. Plunkett President Nuclear Division Florida Power and Light Company P.O.
Box 14000 Juno
- Beach, Florida 33408-0420 Senior Resident Inspector St.
Lucie Plant'.S.
Nuclear Regulatory Commission 7585 S.
Hwy AIA Jensen
- Beach, Florida 34957 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S.
- Ross, Attorney Florida Power
& Light Company P.O.
Box 14000 Juno
- Beach, FL 33408-0420 John T. Butler, Esquire
- Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Robert J.
Hovey, Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 Thomas R.L. Kindred County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Mr. J.
Scarola Plant General Manager't.
Lucie Nuclear Plant 6351 South Ocean Drive Jensen
- Beach, Florida 34957 Mr. Gary E. Hollinger Licensing Manager Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, F'3035 Mr. Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.
Tallahassee, Florida 32399-0700 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW., Suite 23T85
- Atlanta, GA 30303-3415 Mr. H. N. Paduano, Manager Licensing
& Special Programs Florida Power and Light Company P.O.
Box 14000 Juno
- Beach, Florida 33408-0420 J.
A. Stall, Site Vice President St.
Lucie Nuclear Plant 6351 South Ocean Drive'ensen
- Beach, Florida 34957 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Senior Resident Inspector Turkey Point Nuclear Generating
'tation U.S. Nuclear Regulatory Commission P.O.
Box 1448 Homestead, Florida 33090 Plant Manager Turkey Point Nuclear Plant Florida Power and L'ight Company 9760 SW. 344th Street Florida City, FL 33035 Armando Vidal County Manager Metropolitan Dade County 111 NW 1 Street, 29th Floor Miami, Florida 33128 Mr. Kerry Landis U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW,, Suite 23T85
- Atlanta, GA 30303-3415 E. J.
Weinkam Licensing Manager St, Lucie Nuclear Plant 6351 South Ocean Drive Jensen
- Beach, Florida 34957