ML17354B113

Submits Second Suppl Request for Action by Nrc,Including Request That NRC Issue Order Requiring FP&L to Immediately Encouraging J Murphy to Raise Safety Concerns Directly to NRC

ML17354B113
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	03/17/1998
From:	Saporito T SAPORITO, T.J.
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML17354B105	List: ML17354B106 ML17354B107 ML17354B109 ML17354B112 ML17354B113 ML17354B114 ML17354B117
References
2.206, NUDOCS 9809290207
Download: ML17354B113 (10)

Text

National Litigation Consultants nuclear 8%istlebla~ser Specialists 6230 W. Indiantown Rd., Ste. 7-355, Jupiter, FL 33458 Voice: (561) 622-1667 Facsimile: (561) 744<615 Internet Email saporit~amailezcite.corn f'March 17, 1998 Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission White Flint Bui1ding Washington, D.C. 20555 RE: SECOND SUPPLEMENTAL PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR AGENCY ACTION

Dear Chairman Jackson:

On February 26 and 27 and March 06 and 15th, 1998, the undersigned and National Litigation Consultants ("NLC"),

(hereinafter "Petitioners" ) filed petitions under 10 C.F.R. 2.206 seeking that certain and specific actions be, taken by the U.S.

Nuclear Regulatory Commission ("NRC") with respect to its licensee Florida Power & Light Company ("FPL"). Petitioners provided the NRC with sufficient basis to take the requested action in those petitions. NLC now desires to again supplement the basis documented in those petitions with the information provided in this filing. Additionally, NLC seeks further action by the NRC as delineated below:

In accordance with NRC regulations found at Title 10 of the Code of Federal Regulations, Petitioners submit this second supplemental request for action by the NRC with respect to its licensee, FPL operators of the St. Lucie nuclear station Units 1 and 2 and the Turkey Point nuclear station Units 3 and 4 as fully described below:

This provision's contained in Subpart B, Section 2.206 of the NRC's regulations.

9809290207 9809i4 PDR'DOCK 05000250 G PDR

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that the 'RC issue an ORDER requiring FPL to immediately inform Mr. James, Murphy in writing that FPL encourages him to raise safety concerns directly to the NRC and that FPL will not take any reprisals against him for such conduct; and

2. that the NRC issue. initiate actions to provide all NRC licensee employees nationwide with a means to CONFIDENTIALLY identify safety, concerns via the Internet through email to a NRC web

'fo'r that spec'ific purpos'e;'and thatthesite established NRC's web si.te send an email confirmation and allegation tracking reference number via email back to the source; and

3. that the NRC construct poli,cy requiring that its licensees provide a means for" their employees to gain access to the Internet at the licensee'uclear facilities to enable all employees the ability to identify safety concerns to the NRC CONFIDENTIALLY via the Internet; and

4. that the NRC modify its NRC Form-3 to include clear and distinct instructions to all licensee employees about how to access the Internet for the purpose of reporting safety concerns to the NRC CONFIDENTIALLY.

Pursuant to Section 103, 1'61 (i), 161 (o) and 182 of the Atomic Energy Act of 1954, as 'amended, and the Commission's regulations in 10 C.F.R. 2.204 and 10 C.F.R. Part 50, the NRC has authority to take the actions requested above.

On or about March 17, 1998, Petitioners took receipt of a two page letter dated March 6, 1998 authored by NRC employee Ms.

Anne T. Boland and addressed to Mr. James Murphy informing Mr.

Murphy that the NRC inadvertently released his identity with respect to safety concerns that he CONFIDENTIALLY provided to the NRC in 1996 related to operations at FPL's St. Lucie Nuclear Station. Mr. Murphy contacted the undersigned and conveyed that a "hostile work environment" exists at the St. Lucie Nuclear Station and that he fears retaliation by FPL as a direct result of the NRC's actions in releasing his identity with respect to safety concerns that he provided to the NRC. Mr. Murphy was assured by the NRC that his identity would be kept confidential and it was not. Now Mr. Murphy is very scared and concerned about

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4 future employment with FPL. Mr. Murphy stated that the

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I'is atmosphere at the St. Lucie Nuclear Station has "completely

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changed" and he fears retaliation by FPL.

The NRC has a duty under 10 C.F.R.'50 mandated by the United States Congress to insure public health and safety 'by keeping channels of communication open to allow employees like Mr. Murphy to freely and CONFIDENTIALLY contact the agency with safety concerns without fear of retaliation by the licensee. In keeping with its duty, the NRC is required to provide Mr. Murphy and his coworkers with protection from retaliation for his engagement in protected activity.

RESPECTFULLY SUBMITTED, this 17th day of March, 1998 NATIONAL LITIGATION CONSULTANTS Thomas J. Saporxto, Jr.

Executive Director Hon. Bill Clinton, President Inspector, General United States of America Nuclear Regulatory Commission The White House Washington, .D.C. 20500 1-600 Pennsylvania Ave., NW

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Washington, DC 20500

'avid Hon. Bob Graham K. Colapinto, Esq.

United States Senator Kohn, Kohn & Colapinto Post Office Box 3050 3233 P Street, NW Tal'lahassee, Florida 32315 Washington, D'.C. 20007 Billie Pirner Garde, Esq. James Broadhead, CEO Clifford, Lyons & Garde Florida Power & Light Co.

1620 L. Street, NW, Suite 625 700 Universe Blvd Washington, D.C. 20036-5631 Juno Beach, FL 33408 James Murphy General Media Dist.

861 SE Manth Lane Port St. Lucie, FL 34983

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,'e EDO P PROM: DUE: 05/07/98 EDO CONTROL:.G980203 DOC DT: 03/29/98 FINAL REPLY:

Thomas J. Saporito, Jr.

National Litigation Consultants---.

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TO Chairman Jackson FOR SIGNATURE OF CRC NO: 98-0282 Collins, NRR

'I DESC: ROUTING:

06 -- FLORIDA POWER AND LIGHT COMPANY, Callan LUCIE AND TURKEY POINT Thadani Thompson Norry Blaha Burns DATE: 04/07/98 Reyes, RII.

Lieberman, OE ASSIGNED TO: CONTACT: Cyr, OGC Goldberg, OGC NRR Collins Gleaves, NRR SPECIAL INSTRUCTIONS OR REMARKS:

NRR ACTION: DRPE:Zwolinski 4RR RECEIVED: April 7, 1998 NRR ROUTING: Collins/Niraglia

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Boger Sheron ACTION Travers Roe DUE TO NRPi DIRECTOR'S OFFICE 7wo l in s ki .

NRR Nai lroom i

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i e OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET APER NUMBER: CRC-98-0282 LOGGING DATE: Apr' 98 ACTION OFFICE: EDO AUTHOR: THOMAS SAPORITO AFFILIATION: FLORIDA ADDRESSEE: CHAIRMAN. JACKSON LETTER DATE: Mar 29 98 FILE CODE:

SUB JECT: PETITION UNDER 10 CFR 2.206---FLORIDA POWER AND LIGHT ACTION: Appropriate DISTRIBUTION: CHAIRMAN SPECIAL HANDLING: 2.206 PETITION CONSTITUENT:

NOTES:

ATE DUE:

IGNATURE: DATE SIGNED:

AFFILIATION:

EDO -- G980203

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