ML19325E981
| ML19325E981 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 11/02/1989 |
| From: | Reis H FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER |
| To: | Bright G, Cotter B, Harbour J Atomic Safety and Licensing Board Panel |
| References | |
| CON-#489-9405 OLA-4, NUDOCS 8911130139 | |
| Download: ML19325E981 (4) | |
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B. Paul Cotter, Esq., Chairman Hon. Glenn O. Bright Hon.-Jerry Harbour Atomic Safety and Licensing Boerd Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 L
Re:
Florida Power & Light Co.
(Turkey Point Plant, Units 3 and 4), Docket Nos. 50-250-OLA-4 and 50-251-OLA-4 (P/T Limits)
Dear Licensing Board Members:
1 1
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On October 14, 1989, the Nuclear Energy Accountability Project (NEAP) submitted a document in this proceeding, signed by L
its Executive Director, Thomas J. Saporito, Jr., and entitled l;
" Relevant Information-for Consideration."
As stated in the Licensing Board's Memorandum of October 3, 1989, NEAP is not a l?
party to the proceeding, and its filings "do not constitute l
l, evidence."
Therefore, this document should not be considered I
under 10 CFR S 2.749.
In any case, it is apparent that NEAP's 1
document does not identify any genuine issue of material fact related to contention 2.
Consequently, the Licensee, Florida j.
Power &' Light Company, ("FPL") does not intend to respond to the document unless requested to do so by the Board.
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However, we note that the document's principal thrust appears to be that there is not reasonable assurance that the L
Licensee will comply with "the license amendments which are the subject of this proceeding.
" because "the Licensee has a well documented history of unsafely operating the Turkey Point plants Even though the document is inadmissible, we 1.
consider it appropriate to advise the Board members that FPL 8911130139 891102 PDR QDDCK 05000MO 3.509
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categorically rejects those allegations.
In addition we think it appropriate to draw the Board's attention to the fact that the allegations are made over the eignature of a discharged employee of FPL, that that employee instituted proceedings before tae Department of Labor relating to his discharge and'that in a
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recommended decision, now being reviewed by the Secretary of Labor, the Administrative Law Judge before whom the matter was r
heard concluded:
l The actions taken against Complainant by FPL and its management personnel were a result of his contentiousness and recalcitrance as an employee.
Saporito's discharge resulted l
solely from his crossing the line of-contentiousness and recalcitrance into the area of insubordination.
Furthermore, the insubordination impacted on the Site Vice President's grave responsibility to assure that the nuclear facility over which he holds jurisdiction operates safely.
I was impressed by how solemnly this responsibility is shared by the other employees, both union and non-union, who testified.
y In the Matter of Thomas J.
Sanorito v.
Florida Power & Licht i
company, U.S. Department of Labor Case Nos. 89-ERA-7 and 59-ERA-17, June 30, 1989, p. 21.
In any event, ensuring compliance with the license amendments is the responsibility of the NRC Staff and is not within the scope of Contention 2.
That is an additional l
reason why the document should be disregarded by the Board.
We also note that, on October 27, 1989, the Commission's l
Secretary served upon the Board and the parties an untimely
" Petition for Leave to Intervene" submitted on behalf of NEAP and I
Mr. Saporito.
FPL will respond to that petition separately.
Respectfully suomitted, Harold F. Reis L
Co-Counsel for Florida Power & Light Company cc:
Service List and Thomas J.
Saporito, Jr.
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rLoRIDA PoWsR & LIGHT
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Docket Nos. 50-250 OLA - 4 I
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l I hereby certify that a copy of a letter dated November 2, 1989, from Harold F. Reis to the Licensing Board members in the j
above captioned proceeding was served on the following by deposit in the United States mail, first class, properly stamped and addressed on the date shown below.
B. Paul Cotter, Esq., Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Eashington, D.C.
20555 l
Hon. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Hon. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel l
U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 j
Atomic Safety and Licensing Appeal Doard Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Office of the Secretary f
U.S. Nuclear Regulatory Commission L
washington, D.C.
20555 Attention:
Chief, Docketing and Service Section (Original plus two copies)
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i Joette Lorion, Director Center for Nuclear Responsibility 7210 Red Road $217 o
Miami, Florida 33143 f
r Janica Noore i
Patricia A. Jehle Dffice of General Counsel U.S. Nuclear Regulatory Commission l
m Washington, D.C.
20555
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Richard Goddard i
U.S. Nuclear Regulatory Commission 101 Marietta St. N.W. 92900 tb j
n Atlanta, Georgia 30323 John T. Butler l
Steel, Hector & Davis 4000 Southeast Financial Center l
Niami, Florida 33131 j
i Thomas J. Saporito, Jr.
Executive Director, NEAP 1202 Sioux Street Jupiter, Florida 33458 Dated this 2nd day of November 1989.
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i Harold F. Reis l
Newman & Holtzinger, P.C.
1 1615 L Street, N.W.
Suite 1000 Washington, D.C.
20036 j
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