ML20033F569
| ML20033F569 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/09/1990 |
| From: | Saporito T NUCLEAR ENERGY ACCOUNTABILITY PROJECT |
| To: | Anderson G, Bloch P, Johnson E Atomic Safety and Licensing Board Panel |
| References | |
| CON-#190-10061 OLA-5, NUDOCS 9003220089 | |
| Download: ML20033F569 (4) | |
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NUCLEAR ENERGY. ACCOUNTABiUTY PROJECT g
t Post Office Box 129 Jupiter, Florida 33468 0129 CL6E)fnation 0L43 0770 Environmental Protection. Involvement. Utigation. Ite 1
8lui 30 NAR 13 P3:14 March 9.
1990 OrrlCE DF SECRETARY 00CKE114ri t. Suevict Peter B. Bloch, Chairman Elizabeth B. JohnsonURANCH Administrative Judge Administrative Judge Atomic Safety and Licensing Oak Ridge National Laboratory Board Panel P.O.
Box 2008 U.S. Nuclear Regulatory Comm.
Bethal Valley Road Washington, D.C.
20555 Building 3500, Mail Stop 6010 Oak Ridge, Tennessee 37830 George C. Anderson
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Administrative Judge 450 Vista Chino, Apt. 2015 Palm Springs, California 92262 In the Matter of Florida Power & Light Company (Turkey Point Plant, Units-Nos. 3 and 4)
Technical Specifications Replacement Docket Nos. 50-250-OLA-5. 50-251-OLA-5
Dear Administrativo Judges:
On March 5, 1990, Petitioners, Thomas J.
Saporito,-Jr. and the Nuclear Energy Accountability Project (NEAP),
filed
" Petitioners Amended Petition for Intervention and Brief in Support Thereof" related to matters relevant to the above mentioned proceedings.
Included in Petitioners' filing was the affidavit of Thomas J.
- Saporito, Jr.
supporting a position of* qualifications for expert testimony and relevant employment hours-supporting a position for standing.
The affidavit delineated Mr. Saporito's hours of work as an instructor (teacher) at the ATI Career Training Center in Miami, Florida.
On
- March, 8,
1990, Mr. Saporito was asked by the Director of-the ATI Career Training Center about a letter that the Director received from Licensee's, (the Applicant in these l.
proceedings),
counsel Mr. John T.
Butler.
See attachment.
Mr.
I Saporito was shown a letter dated March 7, 1990 and signed by L
Applicant's counsel-Mr.
John T.
butler.
The letter briefly described the proceedings now before the Board and also quoted verbage from Mr. Saporito's affidavit related to his work days and number of hours worked each day.
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As stated in Mr. Butler's March 7, 1990 letter:
"We direct your attention particularly to Mr.
]
Saporito's statement that:
"I teach digital electronics and microprocessor technology on the weekdays of Monday through Thursday for six hours per day."
Mr. Saporito was asked to explain the meaning of the letter and the request for confirmation of its contents.
Thus, Mr.
Saporito was placed in an embarassing and intimidating position before his employer.
Petitioners did not authorize Licensee's counsel to inquire into this matter and Licensee's counsel did not have sensitivity to seek Mr.
Saporito's permission to contact Mr. Saporito's employer prior to doing so.
Petitioners profusely object to the conduct of Licensee's counsel in contacting Mr.
Saporito's employer in this manner without any advanced authorization from Mr.
Saporito.
Petitioners submitted a sworn affidavit notarized in the State of Florida supporting the facts stated in the affidavit.
This affidavit represents a legal document accepted by administrative and judicial courts throughout the history of our country.
Therefore, Mr.
Butler's inquiry is totally out of line and unethical and unprofessional and represents an unwarranted attack on Mr. Saporito's intregrity and privacy.
Petitioners believe that the Licensee's motive in contacting Mr. Saporito's employer appears to be one which would intimidate Mr. Saporito into withdrawing from these proceedings.
Additionally, Petitioners believe that the Licensee's actions also appear to be motivated by hopes of intimidating Mr.
Saporito's employer resulting in Mr. Saporito's termination from ATI.
The Licensee has employee (s) who are enrolled at the ATI Career Training Center and the cost of the Electronics Program is about
$10,000 per student.
Additionally, the Licensee is a potentional employer of the ATI Career Training' Center's students.
Therefore, the ATI Career Training Center, could easily be intimidated and coerced by the actions of Licensee's counsel.
Petitioners had hoped to meet "in good faith" with the Licensee to discuss the Contentions now before the Board in these proceedings to possibly resolve some of the issues or at least narrow the issues involved.
In light of this recent action by the Licensee, Petitioners no longer believe that any benefit-would be gained by meeting with the Licensee.
Quite
- frankly, Petitioners DO NOT TRUST the Licensee or their representatives based on Licensee's current actions and their past actions involving other matters.
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b t-Petitioners feel that the Licensee has violated the " spirit of the Act" and realistically has no intentions of amicably resolving any of the issues now before the Board in these proceedings.
Petitioners assert here that the Licensee has simply refused to meet with Petitioners and discuss other safety concerns that Petitioners have brought to the Licensee's attention regarding the Turkey Point nuclear plant in the past.
For all the foregoing reasons, Petitioners regrettably will not attempt to meet with the Licensee prior to the prehearing conference regarding matters now before the Board in these proceedings.
Respectfully submitted, mA "2
./
o
,m y,y Thomas J.
Saporito, Jr.
Executive Director, NEAP cc: Steven P.
Frantz, Esq.
Janice E.
Moore, Esq.
Newman & Holtzinger, P.C.
Patricia A.
Jehle, Esq.
1615 L Street, N.W.
Office of General Counsel Suite 1000 Nuclear Regulatory Commission Washington, D.C.
20036 Washington, D.C.
20036 John T.
Butler, Esq.
At6mic Safety / Licensing Steel, Hector & Davis Appeal Board Panel 4000 Southeast Fin. Center Nuclear Regulatory Commission Miami, Florida 33131 Washington, D.C.
20555 Office of the Secretary U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 l
Atten.
Chief Docketing /Gervice Section (Original plus two copies)-
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-' Steel Hector & Davis Mami. Flories John T. Duber -
4 06) 677 2039 March 7,-1990 e
ATI Career Training Center
'l N.E. 19th Street Miami, FL 33132
Dear Sir or Madam:
L I am counsel for Florida Power & Light Company and am writing you concerning a legal matter now pending'before the Atomic Safety and Licensing Board of the United States Nuclear Regulatory Commission.
In connection with the matter, Mr.
Thomas J.
Saporito, Jr., of 1202 Sioux Street, Jupiter, Florida 33458, has submitted an affidavit in which, among other things, he states:
"I am employed as an Instructor (teacher) at the ATI Career Training Center located at 19st.in Miami, Florida and I teach digital electronics and-microprocessor technology on the weekdays of Monday through Thursday for six hours per day.
As a direct result of this employment, I incur travel time of two hours per day and prepare lesson plans for four hours per day within the Commission's ' geographical zone of interest' for each day worked."
We would very much appreciate confirmation of those factual statements quoted above which you are in a position to confirm.
We direct your attention particularly to Mr.
Saporito's statement that:
"I teach digital electronics and
-microprocessor. technology on the weekdays of Monday through l
Thursday for six hours per day."
1 The matter is of some urgency.
Consequently, we would 1
-appreciate a prompt response.
If you have'any questions with respect to this matter, please do not hesitate to call me at l
577-2939.
l Sincerely, G-ohn T.
Butler JTB:fl cc:
Mr. Thomas J. Saporito, Jr.
Miami ONCe 1200 Northbndge Cottre 1 440 Royal Palin Way 1200 Corporate Place 201 South Monrm 4000 Southeast Francel Center West Palm Beach, FL 334014307 Parm Beach, FL 33460 1200 North Federal Hghway Ta!Iahassee, FL 32301 1848 Mami, FL 33131 2398 0 05) 650 7200 005) 650 7200 Poca Raton, FL 33432 (904) 222 4194 L
Q05) 677 2000 Fax 905) 655 1500 006) 394 5000 Fax (904) 222 8410 Fax p05) 3581418 Fax 905) 394 4856
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