ML17354A563

Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access

ML17354A563
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	05/17/1997
From:	Saporito T SAPORITO, T.J.
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML17354A562	List: ML17354A561 ML17354A563 ML17354A565
References
2.206, DD-97-20, NUDOCS 9707070345
Download: ML17354A563 (9)

Text

Nuclear fYhLtIleblowerSpecialists 6230 West fndlantown Road, Suite '7-355, Jupiter, Florida 33458 Volee: (561) 622-I667 Facsimiles (56I) 622-124I or (56l) 7444615 Internet E-Mall Received at TS4574IBELLSOUrH.NET May 17, 1997 Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission White Flint Building

. Washington, D.C. 2055 RE: SECOND, SUPPLEMENTAL PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR AGENCY ACTION

Dear Chairman Jackson:

On May 11, 1997, National Litigation Consultants and Thomas J. Saporito, Jr.,

(hereinafter "Petitioners" ) submitted a supplemental petition under 10 C.F.R. 2.206 seeking action by the U.S. Nuclear Regulatory Commission ("NRC") in further support of and in connection with Petitioners'iling of an April 23, 1997 petition under 10 C.F.R. 2.206.

Petitioners now submit their second supplemental petition under 10 C.F.R. 2.206 seeking additional agency action on the part of the NRC against Florida Power & Light Company

("licensee" ) and their employees, agents and representatives as stated below that the agency take enforcement action against the licensee's employee Dan Tomaszewski by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and restrict this employee fr(en license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and

2. that the agency take enforcement action against the licensee's employee Gerald Harley by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and restrict this employee from license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and 9707070345 9705%1 PDR ADOCK 05000250 G PDR

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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Second Supplemental Petition 2.206 May 17, 1997 Page2of5

3. that the agency take enforcement action against the licensee's employee Robert Boger by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and restrict this employee &om license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and, 4 that the agency take enforcement action against the licensee's employee Bruce Koran by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) alod restrict this employee from license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and

5. that the agency take enforcemenl action against the licensee's employee Mike Willis by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and restrict this employee from license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and

6. that the agency take enforcement action against the licensee's employee Richard Boyle by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and restrict this employee from license activities and revoke his unescorted access to any nuclear facility under the agency's jurisdiction; and

7. that the agency take enforcement action against the licensee's union the International Brotherhood of Electrical Workers ("IBEW") by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars) and require the IBEW to inform its members in writing that they have an absolute right to raise safety concerns dizggilg, to the NRC without fear of retribution and that the IBEW azourayz and supports such action by its members at the discretion of its members; and

Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Second Supplemental Petition 2.206 May 17, 1997 Page 3 of 5

8. that the agency take enforcement action against the licensee's agent or representative James Bramnick by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars); and

9. that the agency take enforcement action against, the licensee's agent or representative Paul Heidmann, Esq. by imposition of a monitory civil penalty in the amount of $ 100,000 (One Hundred Thousand Dollars); and

10. that the agency cause an investigation into the willfuland intentional falsification of a company business record in an act of conspiracy between the licensee and the IBEW to mislead the United States Government through fraud and deceptive business practices in an effort to avoid liability for violation of the ERA and for violation of NRC requirements in the operation of the Turkey Point nuclear plant; GIld

11. that the agency cause an investigation into the exact cause of transcript records found missing in Case Nos. 89-ERA-07 and 89-ERA-17; and

12. that the agency refer the subject matter and discriminatory conduct of all individuals and entities to the U.S. Department of Justice ("DOJ") for the'bove consideration of invoking criminal proceedings under the criminal penal code for violation of federal discrimination laws; and

13. that the agency conduct an interview with Petioners regarding the substance of their 2.206 petition as twice supplemented.

As stated above, Petitioners filed their original request for agency action under 10 C.F.R. 2.206 on April 23, 1997 and supplemented that request on May 11, 1997. In those petitions, the petitioners set out a clear basis and justification for their requests for agency action. In particular, petitioners provided the agency with a copy of complainant s post-hearing brief on remand and a copy of complainant's demand and itemization for damages filed in a matter under the Energy Reorganization Act ("ERA") 42 U.S.C. 5851 and docketed as Case Nos. 89-ERA-07 and

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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Second Supplemental Petition 2.206 May 17, 1997 Page4of5 89-ERA-17 (consolidated). Petitioners through this reference hereby incorporate those ERA pleadings into this second supplemental petition as a basis and justification for requesting agency action.

The ERA pleadings identified above clearly establish the fact that license'e employees and union members and representatives played a part or role in discriminating and retaliating against Mr. Saporito for raising safety concerns at the Turkey Point nuclear plant in 1988. The specific retaliatory acts by each individual named above is identified in the ERA pleadings and need not be repeated here. Furthermore, a transcript record of the original ERA hearing held in 1989 as well as a transcript record of the remand hearing held in 1997 are available by request from the U.S. Department of Labor. Those transcript records provide further evidence through direct testimony under oath by each of the above named individuals as to their individual participation in the retaliatory acts taken against Mr. Saporito which formed that basis for his ERA claim.

On January 28, 1997, the complainant in ERA Case Nos. 89-ERA-07 and 89-ERA-17 (consolidated) filed a motion for remand and for sanctions ("Motion") against the licensee and its attorneys. That Motion clearly sets out a chronology of events surrounding missing record transcripts and the falsification of a licensee company business record., Therefore, those specific events need not be repeated here because Petitioners have attached a copy of that Motion in support of their second supplemental petition under 10 C.F.R. 2.206.

Petitioners point out here that although the document evidence which has already been provided to the agency in this matter is voluminous, there exists additional evidence that requires detailed and specific explanation by Petitioners for the agency to properly ascertain the scope and nature of this additional evidence. The agency will therefore be required to interview Petitioners at length to recover said evidence.

WHEREFORE, Petitioners have established a basis for requesting agency action and hereby request that the NRC grant their requests delineated in their April 23, 1997 petition filed under 10 C.F.R. 2.206 as supplemented on May 11, 1997 and on May 17, 1997.

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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Second Supplemental Petition 2.206 May 17, 1997 Page 5 of 5 RESPECTFULLY SUBMITTED, this l2fh, day of May, 1997.

NATIONALLITIGATIONCONSULTANTS Thomas J. Saporito, r.

Executive Director cc: w/o attachment Hon. Bill Clinton, President DeMiranda, SAC United States of America U.S.N.R.C. Region II The White House 20500'scar 1600 Pennsylvania Ave., NW 101 Marietta St., NW, Suite 2900 Atlanta, GA 30323 Washington, D.C.

Louis Reyes, Administrator cc: attachment U.S.N.R.C. Region II Carolyn Evans, Esq.

101 Marietta St., NW, Suite 2900 U.S.N.R.C. Region II Atlanta, GA 30323 101 Marietta St., NW, Suite 2900 Atlanta, GA 30323 cc: April 23, 1997 petition as on May 11, 1997 and on May 17, 1997 Hon. Janet Reno, Attorney General United States of America U.S. Department of Justice Washington, D.C. 20500

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q gp6pg EDO Principal Corresgon ence Control FROM: DUE,: 05/27/97 EDO CONTROL: G970311 DOC DT: 04/23/97 FINAL REPLY:

Thomas J. Saporito, Jr.

'I National Litigation Consultants TO:

Chairman Jackson FOR SIGNATURE OF CRC NO: 97-0383 DESC: ROUTING:

PETITION UNDER 10 CFR 2.206 REQUEST FOR AGENCY Callan ACTION FLORIDA POWER 6 LIGHT COMPANY,. ST. LUCIE, 'ordan UNITS 1&2, TKGCEY POINT, UNITS 3Ec4 Thompson Norry Blaha Burns DATE: 04/29/97 Cyr, OGC Goldberg, OGC ASSIGNED TO: CONTACT: Kennedy, NRR Lieberman, OE Collins SPECIAL INSTRUCTIONS OR REMARKS:

NRR RECEIVED: APRIL 3Og 1997 NRR ACTION: DRPE:VARGA, NRR ROUTING: COLLINS MIRAGLIA NRTINI ACTION>

ZINMERMAN SLOSSON Dgg Ta figg Dr)-c-o~,a TRAVERS BOHRER JKennedy

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER C-97-0383 LOGGING DATE: Apr 24 97 ACTION OFFICE: EDO AUTHOR: THOMAS SAPORITO

)AFFILIATION:

'P FLORIDA ADDRESSEE: CHAIRMAN JACKSON LETTER DATE: Apr 23 97. FILE CODE:

SUBJECT:

PETITION UNDER 10 C F.R. 2.2 06 REQUEST FOR AGENCY ACTION ACTION: Appropriate DISTRIBUTION: CHRM i COMRS i OGC i SECY/RAS SPECIAL HANDLING: NONE CONSTITUENT:

NOTES:

DATE DUE:

SIGNATURE: DATE SIGNED AFFILIATION:

EDO -- G970311

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