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Category:CORRESPONDENCE-LETTERS
MONTHYEARML17355A4601999-10-26026 October 1999 Forwards Revised Epips,Including Revs to 0-EPIP-1102, 0-EPIP-1212,0-EPIP-20110,0-EPIP-20111,0-EPIP-20132, 0-EPIP-20133 & 0-EPIP-20201,per 10CFR50.54(q) & 10CFR50, App E.Epip 0-EPIP-20107,has Been Deleted ML17241A5001999-10-21021 October 1999 Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C ML17309A9981999-10-19019 October 1999 Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points ML20217F6171999-10-0808 October 1999 Forwards Insp Repts 50-335/99-11 & 50-389/99-11 on 990827 & 990907-09.No Violations Identified.Matl Encl Contained Safeguards Info as Defined by 10CFR73.21 & Disclosed to Unauthorized Individuals Prohibited by Section 147 of AEA ML17355A4301999-10-0808 October 1999 Forwards Rev 16 of Updated Fsar.Info Accurately Reflects Plant Changes Made Since Previous Submittal.Rev Incorporates Changes Completed Between 971015 & 990408.Summary of Accuracy Review Changes & Instructions,Included ML17355A4461999-10-0404 October 1999 Notifies NRC of Change in Commitment to Perform Periodic Testing of Critical Welds & Parts on Special Lifting Devices IAW NUREG-0612.Use of Ae Technology Will Provide Same Level of Testing Quality as Did NDE Methods Noted in ANSI Std ML17355A4291999-10-0404 October 1999 Forwards Response to NRC Telcon Questions Re License Amend Request Dtd 990727,proposing Amend on one-time Basis to Modify TS 3.8.1.1 & TS 3.4.3 & 3.5.2 to Extend Allowed Outage Time for EDG from 72 H to 7 Days L-99-208, Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included1999-10-0404 October 1999 Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included ML17241A4811999-10-0101 October 1999 Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a ML20212M1601999-09-28028 September 1999 Refers to 990908 Engineering Meeting Conducted at NRC Region II to Discuss Engineering Issues at Lucie & Turkey Point Facilities.List of Attendees & Copy of Presentation Handout Encl ML17241A4701999-09-25025 September 1999 Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant ML17241A4721999-09-24024 September 1999 Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999 ML17241A4681999-09-22022 September 1999 Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6) ML17355A4251999-09-22022 September 1999 Forwards NRC Form 536 in Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams, Issued 990820 ML17241A4671999-09-20020 September 1999 Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams. ML17241A4581999-09-13013 September 1999 Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program ML17355A4111999-09-0909 September 1999 Informs That Thermo-Lag Upgrades for Fire Zones 47,54,113, 114,115,116,118,119,120 & 143 Completed on 990726,per GL 92-08 ML17355A4131999-09-0707 September 1999 Forwards Revised Relief Request 20 Re Requirement to Perform Exams as Required by IWL-2524 & IWL-2525,Table IWL-2500-1 for Exempt Tendon Insp,Per Recent Discussions with NRC ML17355A4141999-09-0202 September 1999 Documents That Util Has No Concerns or Challenges Related to site-specific Written Exam Administered at Plant on 990830 ML17241A4521999-08-31031 August 1999 Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval ML17241A4531999-08-31031 August 1999 Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006 ML17241A4501999-08-26026 August 1999 Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached ML17355A4041999-08-23023 August 1999 Forwards Info to Support Assessment of Potential Risks Associated with Proposed Civil Aircraft Operations at Former Homestead Air Force Base to FP&L Turkey Point Nuclear Facility Units 3 & 4 ML17355A4061999-08-23023 August 1999 Forwards Semiannual FFD Performance Rept for Period of Jan- June 1999,for Turkey Point Units 3 & 4.List of Events Reported & Summary of Mgt Actions Taken,Included ML17355A4071999-08-23023 August 1999 Informs That FPL Has Completed Review of Info Listed in Reactor Vessel Integrity Database,Version 2 & Found Listed Discrepancies,Re Closure of GL 92-01,rev 1,suppl 1, Reactor Vessel Structural Integrity. ML17355A4001999-08-20020 August 1999 Informs That on 990722,util Determined Blind Specimen Submitted to Smithkline Beecham Clinical Labs on 990721,was Reported Back with Unsatisfactory Results.Attachment 1 Is Summary of Investigation of Unsatisfactory Performance ML17241A4371999-08-13013 August 1999 Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d) ML17241A4461999-08-11011 August 1999 Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999 Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3) ML17355A3941999-07-27027 July 1999 Submits Response to NRC AL 99-02, Operating Reactor Licensing Action Estimates, for FY00 & FY01 ML17309A9911999-07-26026 July 1999 Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified ML17241A4151999-07-22022 July 1999 Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2 ML17241A4221999-07-22022 July 1999 Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates. ML17241A4471999-07-22022 July 1999 Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure ML17241A4101999-07-16016 July 1999 Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17355A3871999-07-16016 July 1999 Provides Supplement to FP&L Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17355A3851999-07-14014 July 1999 Informs That Pages Missing from 1998 Annual Radiological Environ Operating Rept, Contain Info Unrelated to ODCM- Specified Sampling & Were Not Included as Part of Rept ML17309A9881999-07-0707 July 1999 Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager ML20209F1541999-07-0606 July 1999 Informs That NRC in Process of Conducting Operational Safeguards Response Evaluations at Nuclear Power Reactors. Plant Chosen for Such Review Scheduled for Wk of 990823-26 ML17355A3711999-07-0606 July 1999 Forwards Revised EPIPs 0-EPIP-20201, Maintaining Emergency Preparedness - Radiological Emergency Plan Training & 0-EPIP-20126, Off-Site Dose Calculations. with Summary of Changes ML17355A3591999-06-30030 June 1999 Forwards Turkey Point,Unit 4 ISI Rept. Listed Repts Are Encl.No Eddy Current Exams Scheduled for Unit 4 Steam Generators ML17355A3661999-06-30030 June 1999 Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998 ML17241A3971999-06-30030 June 1999 Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr ML17241A4011999-06-30030 June 1999 Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604 ML17241A3951999-06-29029 June 1999 Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl ML17355A3571999-06-28028 June 1999 Informs That Util Voluntarily Reporting Facility Readiness as Outlined in Suppl 1 to GL 98-01.Encl Is Y2K Readiness Disclosure for Units 3 & 4,reporting Status of Facility Y2K Readiness ML17355A3521999-06-18018 June 1999 Forwards Response to NRC 990415 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves. ML17241A3731999-06-17017 June 1999 Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16) ML17241A3641999-06-14014 June 1999 Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139 ML20195F3871999-06-11011 June 1999 Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5) 1999-09-09
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML17355A4601999-10-26026 October 1999 Forwards Revised Epips,Including Revs to 0-EPIP-1102, 0-EPIP-1212,0-EPIP-20110,0-EPIP-20111,0-EPIP-20132, 0-EPIP-20133 & 0-EPIP-20201,per 10CFR50.54(q) & 10CFR50, App E.Epip 0-EPIP-20107,has Been Deleted ML17241A5001999-10-21021 October 1999 Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C ML17309A9981999-10-19019 October 1999 Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points ML17355A4301999-10-0808 October 1999 Forwards Rev 16 of Updated Fsar.Info Accurately Reflects Plant Changes Made Since Previous Submittal.Rev Incorporates Changes Completed Between 971015 & 990408.Summary of Accuracy Review Changes & Instructions,Included L-99-208, Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included1999-10-0404 October 1999 Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included ML17355A4461999-10-0404 October 1999 Notifies NRC of Change in Commitment to Perform Periodic Testing of Critical Welds & Parts on Special Lifting Devices IAW NUREG-0612.Use of Ae Technology Will Provide Same Level of Testing Quality as Did NDE Methods Noted in ANSI Std ML17355A4291999-10-0404 October 1999 Forwards Response to NRC Telcon Questions Re License Amend Request Dtd 990727,proposing Amend on one-time Basis to Modify TS 3.8.1.1 & TS 3.4.3 & 3.5.2 to Extend Allowed Outage Time for EDG from 72 H to 7 Days ML17241A4811999-10-0101 October 1999 Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a ML17241A4701999-09-25025 September 1999 Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant ML17241A4721999-09-24024 September 1999 Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999 ML17241A4681999-09-22022 September 1999 Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6) ML17355A4251999-09-22022 September 1999 Forwards NRC Form 536 in Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams, Issued 990820 ML17241A4671999-09-20020 September 1999 Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams. ML17241A4581999-09-13013 September 1999 Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program ML17355A4111999-09-0909 September 1999 Informs That Thermo-Lag Upgrades for Fire Zones 47,54,113, 114,115,116,118,119,120 & 143 Completed on 990726,per GL 92-08 ML17355A4131999-09-0707 September 1999 Forwards Revised Relief Request 20 Re Requirement to Perform Exams as Required by IWL-2524 & IWL-2525,Table IWL-2500-1 for Exempt Tendon Insp,Per Recent Discussions with NRC ML17355A4141999-09-0202 September 1999 Documents That Util Has No Concerns or Challenges Related to site-specific Written Exam Administered at Plant on 990830 ML17241A4521999-08-31031 August 1999 Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval ML17241A4531999-08-31031 August 1999 Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006 ML17241A4501999-08-26026 August 1999 Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached ML17355A4071999-08-23023 August 1999 Informs That FPL Has Completed Review of Info Listed in Reactor Vessel Integrity Database,Version 2 & Found Listed Discrepancies,Re Closure of GL 92-01,rev 1,suppl 1, Reactor Vessel Structural Integrity. ML17355A4061999-08-23023 August 1999 Forwards Semiannual FFD Performance Rept for Period of Jan- June 1999,for Turkey Point Units 3 & 4.List of Events Reported & Summary of Mgt Actions Taken,Included ML17355A4041999-08-23023 August 1999 Forwards Info to Support Assessment of Potential Risks Associated with Proposed Civil Aircraft Operations at Former Homestead Air Force Base to FP&L Turkey Point Nuclear Facility Units 3 & 4 ML17355A4001999-08-20020 August 1999 Informs That on 990722,util Determined Blind Specimen Submitted to Smithkline Beecham Clinical Labs on 990721,was Reported Back with Unsatisfactory Results.Attachment 1 Is Summary of Investigation of Unsatisfactory Performance ML17241A4371999-08-13013 August 1999 Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d) ML17241A4461999-08-11011 August 1999 Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999 Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3) ML17355A3941999-07-27027 July 1999 Submits Response to NRC AL 99-02, Operating Reactor Licensing Action Estimates, for FY00 & FY01 ML17309A9911999-07-26026 July 1999 Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified ML17241A4151999-07-22022 July 1999 Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2 ML17241A4221999-07-22022 July 1999 Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates. ML17241A4471999-07-22022 July 1999 Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure ML17241A4101999-07-16016 July 1999 Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17355A3871999-07-16016 July 1999 Provides Supplement to FP&L Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17355A3851999-07-14014 July 1999 Informs That Pages Missing from 1998 Annual Radiological Environ Operating Rept, Contain Info Unrelated to ODCM- Specified Sampling & Were Not Included as Part of Rept ML17309A9881999-07-0707 July 1999 Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager ML17355A3711999-07-0606 July 1999 Forwards Revised EPIPs 0-EPIP-20201, Maintaining Emergency Preparedness - Radiological Emergency Plan Training & 0-EPIP-20126, Off-Site Dose Calculations. with Summary of Changes ML17355A3591999-06-30030 June 1999 Forwards Turkey Point,Unit 4 ISI Rept. Listed Repts Are Encl.No Eddy Current Exams Scheduled for Unit 4 Steam Generators ML17241A3971999-06-30030 June 1999 Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr ML17241A4011999-06-30030 June 1999 Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604 ML17355A3661999-06-30030 June 1999 Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998 ML17241A3951999-06-29029 June 1999 Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl ML17355A3571999-06-28028 June 1999 Informs That Util Voluntarily Reporting Facility Readiness as Outlined in Suppl 1 to GL 98-01.Encl Is Y2K Readiness Disclosure for Units 3 & 4,reporting Status of Facility Y2K Readiness ML17355A3521999-06-18018 June 1999 Forwards Response to NRC 990415 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves. ML17241A3731999-06-17017 June 1999 Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16) ML17241A3641999-06-14014 June 1999 Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139 L-99-129, Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3)1999-06-0909 June 1999 Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3) ML17241A3601999-06-0707 June 1999 Forwards Correction to Annual Radiological Environ Operating Rept for CY98.Util Has Identified Transcription Error on Last Page of Attachment C of Rept,Results from Interlaboratory Comparison Program 1998 ML17241A3561999-06-0707 June 1999 Forwards Rept Containing Brief Description & Summary of SEs for Changes,Tests & Experiments Which Were Approved for Unit 3 During Period of 970526-981209 ML17355A3491999-06-0404 June 1999 Forwards Summary of Corrective Actions Implemented by FPL Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions. 1999-09-09
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[s N
..i THOMAS J. SAPORITO, JR.
POST OFFICE BOX 7603, JUPITER, FL 33468-7603 VOICE <> FAX <>1-407-745-2118 March 7, 1994 Priority Mail Certified:
P 282 384 450 Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Petition Filed Under 10 C.F.R. 2.206 Against The Florida Power & Light Company
Dear Sir:
COMES NOW, Thomas J. Saporito, Jr., (hereinafter
" Petitioner") pursuant to 10 C.F.R. 2.206, and hereby files his request for specific action by the U.S. Nuclear Regulatory Commission ("NRC") within a reasonable time against the Florida Power & Light Company (hereinafter " Licensee") and operator of the Turkey Point and St. Lucie nuclear stations located in the State of Florida.
Specific Request:
A. Petitioner requests that the NRC construct and submit an amicus curiae brief to the U.S. Department of Labor
(" DOL") pursuant to 10 C.F.R. 50.9; 29 C.F.R. 18.10(d);
29 C.F.R. 18.12; and 10 C.F.R. 50.7 regardina issues of
, fact _in DOL Case Nos. 89-ERA-7/17 (consolidated) concerning the Licensee's retaliatory conduct towards Petitioner during Petitioner's period of employment at the Licensee's Turkey Point nuclear station in 1988 as a direct or indirect result of Petitioner having engaged in " protected activity" under 10 C.F.R. 50.7 and the Energy Reoganization Act of 1974 as amended
("Act"), 42 U.S.C. 5851, Section 210/211.
B. Petitioner requests that the NRC institute a show causeJ proceeding pursuant to 10 C.F.R. 2.202 to modify, suspend, or revoke the Licensee's permissive operational licenses authorizing the operation of the Turkey Point nuclear station.
b % a m Lua ( , c,
.-_-___-__________-_________________________-____i
1 l
d i
l Executive Director for Operations l U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 l Page No. 2 :
j l
)
l C. Petitioner requests that the NRC institute a show cause '
proceeding pursuant to 10 C.F.R. 2.202 and Order the Licensee to provide the Petitioner with a "make whole" remedy, including but not limited to, immediate reinstatement to his previous job as an instrument control technician at Turkey Point, back wages, front ,
pay, interest on back wages and front pay, ccmpensatory 1 damages for pain and suffering, and a posting requirement to offset any " chilling effect" Petitioner's discharge may have had on other Licensee employees at the Turkey Point and St. Lucie nuclear stations.
Basis and Justification:
- 1. The NRC generally defers to the DOL and does no take immediate action against a licensee when an ' aggrieved employee files an employment discrimination complaint with the DOL alleging illegal discharge because the employee engaged in " protected activity". See, copy of NRC letter dated February 16, 1993, from James Lieberman, NRC Director, Office of Enforcement attached hereto. Mr. Lieberman states in his February 16, 1993, letter, in part, that:
...The NRC generally defers to the Department of Labor (DOL) process before taking action and normally does not take independent action with respect to alleged discrimination for the exercise '
of a protected activity prior to a decision by a DOL Administrative Law Judge (ALJ) absent a compelling safety reason..." Id at pp.1-2.
In Casa Nos. 89-ERA-7/17 fconsolidated), the ALJ rendered a decision in June of 1089. The; fore, the NRC can take action as requested above in this petition against Florida Power _& Light Company. Moreover, the NRC should take action against the Licensee as requested in this petition to offset any " chilling effect" which may have been instilled at the Licensee's facilities as a direct or indirect result of
. _ _ _ _ _ _ _ _ _ __ _d
Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 3 Petitioner's discharge from the Turkey Point nuclear station in December of 1988.
- 2. The NRC and DOL have a long standing Memorandum of Understanding ("MOU") which provides for the cooperation of these two government agencies to work together on DOL discrimination complainants as in Case Nos. 89-ERA-7/17 (consolidated). See, 47 FR 54585; December 3, 1982. Thus, while the NRC actions in discrimination cases are normally held in abeyance pending the DOL process, there are times, because of the significance of the issues to public health and safety, that NRC actions are warranted notwithstanding the ongoing DOL process.
- 3. NRC action in complying with the requests set out above in this petition against the Licensee are warranted for the following reasons:
(a) On June 30 1989, the DOL ALJ issued a Recommended Decision and Order ("RDO") in Case Nos. 89-ERA-7/17 (consolidated) recommending that the case be dismissed. The ALJ's RDO was opposed by Petitioner through his counsel in a March 2, 1994, l<eply Brief to the DOL Secretary of Labor (" SOL").
See, copy of Complainant's Reply Brief ("CRB")
dated March 2, 1994, and attached hereto.
(b) The entire record in Case Nos. 89-ERA-7/17 (consolidated) contains evidence which was completely ignored by the ALJ. The NRC should weigh the entire record in this case in determining whether the Licensee violated the ERA and 10 C.F.R. 50.7 in discharging Petitioner from the Turkey Point nuclear station in December of 1988. See, CRB at p.l.
(c) In Case Nos. 89-ERA-7/17 (consolidated), the parties and the ALJ agreed on the six elements that complainant was required to prove in order to establish a prima facie case. The ALJ's conclusion that complainant failed "to show that L
4 a.
Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 4 the alleged discriminatory actions and eventual discharge were motivated in any way by complainant's protected activity," is not consistent with well established precedents on the issue of causation. See, CRB at p.2.
(d) The ALJ simply chose to ignore overwhelming evidence of timing in Case Nos. 89-ERA-7/17 (consolidated) when he concluded that there was no l discriminatory motive established. Indeed, the ,
most common fact used to establish retaliatory I motive is evidence of timing. See, CRB at p.2. l Soon after complainant raised safety concerns in !
early May, 1988, he was subjected to discipline.
See, CRB at p.2-8. Additionally, the Licensee's animus was publicly demonstrated in front of Petitioner's coworkers at Turkey Point instilling a " chilling effect" at the station.
(e) FPL claimed it fired Petitioner for three reasons: ;
(1) for refusing to divulge his safety concerns to Mr. Odom on November 23, 1988; (2) refusing to meet with Odom on November 30th (to divulge his safety concerns); and (3) refusing to submit to a physical exam by a company doctor. See, CRB at p.8-9. The ALJ erred as a matter of law by failing to find FPL's reasons pretextual or, in the alternative, to conduct a dual motive analysis. See, CRB at p.9. j (f) The adverse action by FPL against Petitioner in November and l December, 1988, including his termination on December 21, 1988, occurred immediately after Petitioner engaged in additional ,
protected activity. Petitioner was in contact with the NRC !
between September and December of 1988, and he filed comp 1sints under the ERA with the DOL in October and November of 1988. The Licensee, FPL learned these facts, which were common knowledge at Turkey Pou.t, directly from the NRC, Messrs. George Jenkins and Oscar
Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 5 DeMiranda and other NRC officials, during these months.
Odom's questioning of Petitioner on November 23, 1988; FPL's placing of Petitioner on restricted status; demeaning job assignments; and Odom's attempted interrogation of Petitioner on November 30, 1988; related directly to Petitioner's protected activity and shortly followed Petitioner's contacts with the NRC and his filing ERA complaints with the DOL. See, CRB at p.7-8.
(g) The Licensee's actions taken against Petitioner in 1988 as described above constitute a " hostile work environment" under the law. All of the harassment incidents and adverse actions that occurred between May and December, 1988, more than satisfy a prima facie case of " hostile work' environment."
Mitchell v. APS/ANPP, Case No. 91-ERA-9, slip op.
of ALJ, at 36-37 (July 2, 1992). See, CRB at p.8.
(h) The NRC is mandated by Congress to ensure that a non-hostile work environment exists at facilities licensed to operate by the NRC. The NRC simply cannot tolerate a " hostile work environment" at the FPL Turkey Point nuclear station. Indeed, in Case No. 91-ERA-9 and in Case No.'89-ERA-19, Sarah ,
C. Thomas v. APS/ANPP, the NRC took enforcement I action because the licensee allowed a hostile work environment to exist at the Palo Verde Nuclear l Generating Station. The NRC's enforcement action taken against Arizona Public Service Company stated, in part, that:
...Both situations are significant because discrimination may create a chilling effect which could discourage individuals from raising safety issues. Such an environment cannot be tolerated if licensees are to fulfill their responsibility to protect the public health and safety. Thus, licensee management must avoid l actions that l l
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Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 6 diF.Criminate aQainst individuals for raising safety concerns, and must promptly and effectively remedy actions that constitute discrimination...Therefore, to. emphasize the im70rtance of maintaining an environment in which employees are free to provide information or raise safety concerns without fear of retaliation or discrimination, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Nuclear Reactor Regulation, Regional Operations & Research, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalties in accordance with the " General statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), 10 CFR Part 2, Appendix C..."
(i) The NRC is required to take the actions' requested in this petition. The NRC has a mandated duty and responsibility to ensure that licensee employers maintain a work environment which encourages employees to raise safety issues. See, e.g., 55 Fed. Reg. 10397, 10402 (Mar. 11, 1990). See also, Ellison v Brady, 924 F.2d 872 (9th Cir. 1991).
Licensee employees have been dissuaded from raising safety issues concerning operations at Turkey Point to the NRC because of FPL's continuing retaliation against employees who do so. Since Petitioner's termination from Turkey Point in December of 1988, numerous other employees have filed DOL complaints under the ERA against FPL complaining of retaliation for raising safety issues about Turkey Point. (i.e. Richard Robaines and Terry Dysert and others).
(j) The Licensee's interrogations of Petitioner about his protected activity in 1988 were illegal conduct under the law and i NRC regulations under Title 10 of the Code of Federal l' Regulations. In Case No. 89-ERA-7/17 (consolidated), is
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4 Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 7 uncontested that on two occasions petitioner .
refused to tell Odom, an FPL vice president, safety concerns that everyone involved knew had already been reported by Petitioner to the NRC.
(i.e. DeMiranda and Jenkins and other NRC officials). As a matter of law, an employee's refusal to tell an employer about safety concerns communicated to the NRC cannot be considered insubordination. See, CRB at p.10.
(k) The ALJ considered Petitioner's conduct to be
" insolent", " contemptuous" and " insubordinate" for refusing to be interrogated about his safety concerns by an FPL vice president and for i allegedly refusing to be examined by a company l doctor after he returned to work from sick leave. !
The ALJ's conclusion violates precedent of the I Secretary which states that:
)
... employees engaged in statutorily-protected activity may not be disciplined for insubordination so long as the " activity (claimed to be insubordinate) is lawful and the ,
I character of the conduct is not indefensible in its context." The right to engage in statutorily-protected activity permits some leeway for impulsive behavior, which is balanced against the employer's right to maintain order and respect in its business by correcting insubordinate acts. A key inquiry is whether the employee has upset the balance that must be maintained between protected activity and shop discipline. The issue of '
l whether an employee's actions are indefensible under the circumstances turns on the distinctive facts of the case..." See, Kenneway v. Matlack, Inc., Case No. 88-STA-20, I slip op. of SOL, at 6-7 (June 15, 1989).
Case No. 89-ERA-7/17 (consolidated) is not a case where the complainant shouted obscenities at management, openly defied work orders or otherwise
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Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 8 actively disrupted the work place. In deed, while FPL management was trying to "get rid" of complainant after May, 1988, by contrast, complainant's immediate supervisor had a positive impression of complainant's work performance and protected activities. Steven Greg 'Verhoeven testified that complainant was " safety conscious",
his safety concerns were " legitimate" and that he was correct "90 per cent" of the time.
Additionally, although complainant raised numerous safety concerns his immediate supervisor did not consider them to be disruptive. See, CRB at p.11,
- 4. The NRC has enacted regulations to ensure that licensees cannot interfere with communications between licensee employees, like Petitioner, and NRC officials.
See, e.g., 10 C.F.R. 19. The NRC maintains that employees and NRC inspectors may communicate privately without interference from licensee employers as follows:
(a) Commission inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of Commission regulations' and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.
(b) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may )
have contributed to or caused any violation of the i act, the regulations in this chapter, or license condition... 10 C.F.R. 19.15 (emphasis added). ;
l If the NRC fails to challenge FPL's position (i.e. by i filing an amicus curia brief in this case), that i employees should be " required to disclose... nuclear
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. l Executive Director for Operations I U.S. Nuclear Regulatory Commission !
2.206 Petition /FPL March 7, 1994 Page No. 9 safety . concerns to the licensee" (see, Respondent's Reply brief at 16), the NRC will contradict its own policies and regulations that expressly recognize the right of employees to bypass management and report their concerns to the NRC directly. NRC Form 3 informs employees that they may contact the NRC directly without first reporting safety concerns to their employers. See, CRB at p.12,
- 5. The NRC has expressly defined " protected activities" under the ERA and NRC regulations at 10 C.F.R. 50.7(a) to include, but are not limited, to:
(i) Providing the Commission information about possible violations of requirements imposed under [the ERA or the Atomic Energy Act];
(ii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iii) Testifying in any Commission proceeding.
- 6. The interrogation of an employee about safety concerns he or she has communicated to the NRC constitutes discrimination under Section 210 and (now Section 211) of the ERA. See, CRB at p.15-22.
- 7. The Licensee's request that Petitioner be examined by a company doctor in Case No. 89-ERA-7/17 (consolidated) was not justified and FPL did not prove that Petitioner was insubordinate. See, CRB at p.23-27.
- 8. The Licensee's disparate treatment of Petitioner was illegal and must be challenged by the NRC. See, CRB at p.28-30.
- 9. NRC regulations at 10 C.F.R. 50.9 provide that the DOL process is, in fact, an extension of the NRC's authority. Thus, the NRC is required to act on the requests set forth in this petition.
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Executive Director for Operations U.S. Nuclear Regulatory Commission 2.206 Petition /FPL March 7, 1994 Page No. 10 WHEREFORE, premises considered, the licensee cannot demonstrate to the NRC reasonable assurance that the Licensee did not illegally retaliate against Petition in terminating Petitioner's employment at Turkey Point in December of 1988, for Petitioner having engaged in " protected activity" or that a
" chilling effect" does not exist at the Turkey Point and/or the St. Lucie nuclear facilities. Accordingly, it is appropriate for the NRC to consider this petition under 10 C.F.R. 2.206 wherein the Petitioner has set forth the facts that constitute the basis for the request. See, Philadelphia Electric Company (Limerick Generating Station, Units 1 & 2), DD 85-11, 22 NRC 149, 154 (1985).
Respectfully submitted, For the Environment,
,C: C, ,
Thomas J. Tapor'ito, Jr.
Post Office Box 7603 Jupiter, FL 33468-7603 Voice / FAX <>407-745-2118 cc: Hon. Joseph I. Lieberman Chairman, subcommittee on Clean Air and Nuclear Regulation United States Senate Committee on Environment and Public Works Washington, D.C. 20510-6175 Hon. David Williams Inspector General U.S. Nuclear Regulatory Commission Office of the Inspector General Washington, D.C. 20500 Oscar DeMiranda, SACRII U.S. Nuclear Regulatory Commission ,
101 Marietta St., N.W., #2900 l Atlcnta, GA 30323
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