ML17354B117

Submits Petition Per 10CFR2.206 Requesting That NRC Take Action in Issuing Order to Require Licensee to Contract third-party Oversight in Implementing Resolution of Employee Safety Concerns & Evaluate Existing Allegation Process

ML17354B117
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	03/30/1998
From:	Saporito T SAPORITO, T.J.
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML17354B105	List: ML17354B104 ML17354B106 ML17354B107 ML17354B108 ML17354B109 ML17354B112 ML17354B113 ML17354B114 ML17354B117
References
2.206, NUDOCS 9809290391
Download: ML17354B117 (8)

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. National Litigation Consultants Nuclear Whistleblower Specialists 6230 W. Indiantown Rd., Ste. 7-355, Jupiter, FL 33458 Voice: (561) 622-1667 Facsimile: (561) 7444615 Internet Email saporlto@cmpnetmall.corn

/March 30,,1998 Hon.. Shirley Jackson; Chairman U.S. Nuclear Regulatory Commission White Flint Building Washington, D.C.

20555 RE:

PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR AGENCY ACTION

Dear Chairman Jackson:

National Litigation Consultants

("NLC"), and its Executive

Director, Thomas J.

Saporito, Jr.,

(hereinafter "Petitioners" )

submit this petition under 10 C.F.R. 2.206 and in accordance with NRC regulations found at Title 10 of the Code of Federal Regulations seeking certain and specific action by the U.S.

Nuclear Regulatory Commission

("NRC")

with respect to its licensee Florida Power

& Light Company

("FPL")

as described below:

2.

that the NRC immediately issue an Order requiring its licensee FPL to contract an independent, third-party oversight of FPL's nuclear energy department's implementation of resolution of St.

Lucie and Turkey Point employees'afety concerns; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether conditions exist at the licensee'uclear facilities which requires acknowledgment and change in the attitude that 1This provision is contained in Subpart B, Section 2.206 of the NRC's regulations.

'F8092'P039i 9809i4 PDR ADOCK 05000250 G,-,

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allegations 're necessary

burden, and enhance sensitivity to the importance of the allegation process as a valuable tool for accomplishing the NRC's mission; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether FPL incorporates lessons into agency-wide allegation program

training, counterpart meetings and seminars; and places emphasis on appreciation of the public visibility of the allegation

process, and reinforces training with specific examples; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether FPL ensures NRC management recognition of the potentially significant insights to be gained from allegations, and the adverse impacts on agency resources and credibility with public if the licensee fails to react appropriately; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether the licensee avoids under-reaction to claims of discrimination; recognizes that the perception of discrimination can be just as significant and damaging as the reality of discrimination; recognizes that a chilling effect can'pread rapidly within a

licensee

facility, with immediate negative impact; determine if the licensee tr'eats all discrimination claims as potentially safety significant

issues, not just those paired with apparently significant technical problems; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether the licensee has developed expert resources to help establish and monitor effective performance indicators for measuring licensee employee trust and confidence in management's ability to resolve employee concerns without fear of discrimination; to avoid the usual "employee concern" type survey vehicles which experience

has, shown that employees will not meaningfully respond to direct types of questioning; that more sophisticated methods may be needed to accurately measure the work place environment; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether the licensee and the NRC recognize the potential chilling effect created by NRC

enforcement that is publicly perceived as being soft on discrimination; and whether NRC enforcement action for discrimination violations errs on the side of increased severity level if senior management are involved or if the violation is repetitive; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether the licensee recognizes the potential chilling effect of inadequate licensee correction of discrimination problems, especially when a

licensee has minimized or denied discrimination findings; whether the

. licensee...provides... time3.y...

follow-up to verify and validate licensee corrective actions for all discrimination claims and/or enforcement actions; whether the licensee ensures

enhanced, periodic follow-up for minimized or denied discrimination claims or findings; and whether the licensee utilizes

credible, independent resources to periodically assess the work environment for raising safety concerns; and whether the licensee periodically advises the NRC about the status of their programmatic oversight program for discrimination follow-up activities; and that the NRC's Order require the licensee'ndependent contractor to evaluate whether the licensee appreciates employee unfamiliarity with NRC processes, and provides them more informative responses to help employees put their concerns into better perspective; whether the licensee responds to employee challenges of NRC conclusions with terse generalizations, or provides specific additional information to fully explain the basis

. for NRC determinations; whether the licensee provides timely explanations to employees about the NRC process for evaluating potentially generic safety concerns; helps employees to understand the relative safety significance of their

concerns, and the basis for the timing and scope of NRC planned actions to address the concerns; and that the NRC's Order require the licensee'o immediately bring all four of its nuclear units to cold shut down status until completion of this Order and until such time as the NRC determines that the overall work environment at the licensee's nuclear facilities encourages employees to raise safety concerns both internally and to the NRC with fear of discrimination or retaliation by FPL.

Pursuant to Section

103, 161 (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.

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 to freely and CONFIDENTIALLY contact-the agency with safety concerns without fear o'f reta1'iation "by"the "li:cen'see'.'n" keepi'ng 'with i.ts duty, the NRC is required to provide licensee employees with protection from retaliation for their engagement in protected activities.

In accordance with 10 C.F.R. 19.16 (1992),

(The name of any worker who requests an inspection "shall not appear in [the] copy

[of the request provided to the licensee]

or on any record published, released or made available by the

[NRC]..

. ").

Therefore employees have a right to communicate confidentially with the NRC about their safety concerns.

Petitioner assert that the work environment and failures of licensee management are primary reasons for continuing employee concerns problems in the employee concerns program at the licensee's nuclear facilities; that the licensee does not maintain a comprehensive plan for handling safety concerns raised by employees and for assuring an environment free from retaliation and discrimination. ~,

Petitions filed by the undersigned in accordance with 10 C.F.R. 2.206 in 1997 and 1998 with respect to FPL.

Petitioners have provided the NRC with documents which evidence that over the last several years dissenting views were not tolerated or welcomed at FPL's nuclear facilities. This poor environment has resulted in repeated instances of discrimination and ineffective handling of employee

concerns, and contributed to a significant decrease in the overall performance of FPL's St.

Lucie Nuclear Station.

Moreover, Petitions assert that FPL over the past several years has not been effective in its review and dispositioning of safety issues raised by its employees, and ensuring that employees who bring safety concerns to its management can do so without fear of retaliation.,

Notably, the NRC's own process for handling allegations at FPL appears to be inadequate with respect to sensitivity and responsiveness; a

lack of discrimination follow-up; unclear

0 enforcement; ineffective inspection techniques and performance

measures, cumbersome NRC/Department of Labor interactions and ineffective implementation of an allegation program.

Furthermore, Petitioners assert that in

general, an unhealthy and "hostile" work environment, which does not tolerate dissenting

views, and does not.welcome or promote a questioning

attitude, has existed at FPL's nuclear facilities since 1988 and remains in force today. ~,

DOL Case Nos.

89-ERA-07/17.

This poor environment has resulted in repeated instances of discrimination and ineffective handling of employee concerns.

The vast majority of employee concerns and allegations that were submitted at FPL"were met-with 'discrimination by FPL. 'Petiti'6ners assert that many cultural issues lie at the root of'he licensee's problems; and contribute to a

lack of respect and trust between employees and their management, and insufficient management sensitivity to routine employee concerns.

Notably, Petitioners assert that the old "Turkey Point" culture of the 1980's exists at th'e St.

Lucie nuclear station and has not been completely or effectively replaced by a culture encouraging the identification of problems and a

questioning

attitude, and attitudes impeding effective problem identification and resolution persist.

Recent news articles about the FPL St. Lucie Nuclear Station depict an "arrogant" and defiant management'tyle which further erodes FPL employee trust and confidence and which contributes to FPL's repeated failure to correct problems.

Significantly, the root causes of FPL's problems appear to entail an ineffective problem resolution and performance

measures, insensitivity to employee

needs, reluctance to admit

mistakes, inappropriate management style and support for concerned employees, poor communications and

teamwork, lack of accountability, and ineffective corrective actions by the licensee or even recognition that corrective actions are needed.

The NRC has authority under 10 C.F.R. 2.-206 and 10 C.F.R. 2.202 to grant Petitioners a public hearing with respect to. the issues delineated in this petition. Therefore, Petitioners hereby request a public hearing be convened by the NRC.

RESPECTFULLY SUBMITTED, this 30th day of March, 1998 NATIONAL LITIGATION CONSULTANTS Thomas J. Saporito, Jr.

Executive Director Hon. Bill Clinton, President United States of America The White House 1600 Pennsylvania Ave.,

NW Washington, DC 20500 Hon..Bob Graham United States Senator Post Office Box 3050 Tallahassee,

.Florida 32315 Billie Pirner Garde, Esq.

Clifford, Lyons

& Garde 1620 L. Street, NW, Suite 625 Washington, D.C. 20036-5631 Media Inspector General Nuclear Regulatory Commission Washington, D.C.

20500 David K. Colapinto, Esq.

Kohn, Kohn

& Colapinto 3233 P Street, NW.

Washington, D.C.

20007 Hon. Connie Mack United States Senator Seriate Office Building Washington,

!D.C. 20500

0 EDO Principal Correspondence Control FROM:

DUE: 05/14/98 EDO CONTROL: G980232 DOC DT: 04/04/98 FINAL REPLY:

DATE: 04/14/98 ASSIGNED TO:

NRR CONTACT:

Collins SPECIAL INSTRUCTIONS OR REMARKS:

Ref. G980124,

G980125, G98013&, G980203, and

.G980204.

Thomas J. Saporito, Jr.

National Litigation Consultants...

TO:

Chairman Jackson FOR SIGNATURE OF

Collins, NRR

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DESC:

2 206 ST.

LUCIE NUCLEAR STATIONS FLORIDA POWER LIGHT COMPANY CRC NO: 98-0313 ROUTING:

Callan Thadani Thompson Norry Blaha Burns

Cyz, OGC Reyes, RII Lieberman, OE

Goldberg, OGC

Gleaves, NRR NRR ACTION:

MPE: Zwo 1 ins ki NRR RECEIVED:

April 15, 1998 NRR ROUTING:

Collins/Hiraglia Boger Sheron Travers Roe t

Zimmerman NRR Mailroom RCTiPi~

pup yp NRR gRECTPR'S P

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET J

PAPER NUMBER:

.ACTION OFFICE:

AUTHOR:,

AFFILIATION:

ADDRESSEE:

LETTER DATE:

CRC-98-0313 EDO THOMAS SAPORITO FLORIDA CHAIRMAN O'ACKSON Apr 4 98.

FILE CODE:,

LOGGING DATE: Apr 9 98

SUBJECT:

PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR INVESTIGATION OF SAFETY CONCERNS TRACKING

REFERENCE:

.. NLC040498A-ACTION:

DISTRIBUTION:

SPECIAL HANDLING:

CONSTITUENT:

NOTES:

DATE DUE:

SIGNATURE:

AFFILIATION:.

Appropriate CHAIRMAN ALLEGATION MATERIAL ---

OCM ¹12737 DATE SIGNED:

EDO -- G980232