ML20045B832
| ML20045B832 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/04/1993 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Kohn M NATIONAL WHISTLEBLOWER CENTER |
| Shared Package | |
| ML20045B833 | List: |
| References | |
| CON-#394-14027 2.206, NUDOCS 9306210147 | |
| Download: ML20045B832 (4) | |
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NUCLEAR REGULATORY COMMISSION
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WASHWGToN D C. 20556-0001
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June 4, 1993 Docket Nos. 50-445 and 50-446 (10 CFR S 2.206)
Michael D. Kohn, Esquire National Whistleblower Center 517 Florida Avenue, N.W.
Washington, DC 20001-1850
Dear Mr. Kohn:
I am responding to a Petition you filed with the U.S. Nuclear Regulatory Commission (NRC) on behalf of Messrs. Macktal and Hasan (Petitioners) on June 11, 1992.
The Petition presented concerns regarding the Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES), of the Texas Utilities Electric Company (TV Electric or licensee).
Your letters of October 6 and November 19, 1992, further discussed these concerns and are considered supplements to the original Petition.
The Petition alleged the discovery of new evidence of a continuing practice by the licensee to pay " hush money" to keep significant information about CPSES from the Petitioners and the NRC. Specifically, the Petition referred to a January 30, 1990, settlement agreement between the licensee and the Tex-La Electric Cooperative of Texas, Inc. (Tex-La), a former co-owner of CPSES, that allegedly contains restrictive language in violation of 5 211 of the Energy Reorganization Act (ERA) and 10 CFR f 50.7.
In addition, Petitioners alleged that the settlement agreements have resulted in the suppression of information associated with the safe operation of CPSES and that the TU Electric response dated October 16, 1992, contained incorrect and misleading information to the point of being materially false.
On the basis of this information, the Petitioners asked the NRC to suspend the TV Electric license to operate CPSES Unit I and its permit to construct CPSES Unit 2, and not to extend the expiration date of the permit to construct CPSES Unit 2.
The Petitioners also asked the NRC to take immediate actions, specifically that (1) a licensing board be established to allow public scrutiny into TU Electric's alleged practice of paying " hush money"; (2) the NRC notify TU Electric and former co-owners that no settlement agreement can preclude employees, attorneys, agents, consultants, or others from providing information to persons involved in proceedings before the NRC; (3) copies of the TV Electric-former co-owner settlement agreements be made public and provided to the Petitioners' counsel; and (4) the NRC notify the counsel to Tex-La that he and others are free to disclose safety-related information about CPSES to others.
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9306210147 930604 PDR ADDCK 05000445 p
4 Michael D. Kohn, Esquire June 4, 1993 In an acknowledgement letter of August 26, 1992, I informed you that the Petition had been referred to my office and was being considered pursuant to 10 CFR s 2.206.
I declined at that time to take any of the immediate actions requested in the Petition and stated that the NRC would take appropriate action on the specific issues raised in the Petition within a reasonable time.
As stated in the enclosed " Director's Decision Pursuant to 10 CFR s 2.206" (Director's Decision), I have granted in part and dnied in part your requests.
Petitioners sought that the NRC notify TO Electric and the former co-owners that no settlement agreement can preclude individuals and organizations from bringing safety information to the NRC. This was done.
The Petitioners also sought that copies of the settlement agreements with the three former co-owners be made public. This was done.
Finally, the Petitioners requested that the counsel for Tex-La be notified that he is free to disclose safety information to the NRC.
The NRC has caused this to happen.
The other relief sought by the Petitioners has been denied.
A copy of the Director's Decision is being filed with the Secretary of the Commission for review by the Commission in accordance with 10 CFR S 2.206(c).
The Director's Decision will constitute the final action of the Commission 25 days after the date of issuance unless the Commission, on its own motion, institutes a review of the Director's Decision within that time.
A copy of the Notice of Issuance of the Director's Decision, which is being filed with the Office of the Federal Register for publication, is also enclosed.
Sincerely,igned bz Uriginal s Thecna L Murley Thomas E. Murley, Director Office of Nuclear Reactor Regulation
Enclosures:
1.
Director's Decision (DD-93-12) 2.
Notice cc w/ enclosures:
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-cc w/ enclosure:
Senior Resident. Inspector Jack R. Newman, Esq.
U.S. Nuclear Regulatory Commission Newman & Holtzinger
.P. O. Box 1029 Suite 1000 1615 L Street, N.W.
Granbury',. Texas -76048' Washington, D.-C.
20036 Regional Administrator, Region.IV
. U.S. Nuclear Regulatory Comission
' Chief, Texas Bureau of Radiation Control l
611 Ryan Plaza Drive, Suite 1000 Texas Department of Health Arlington, Texas 76011 1100 West.49th Street Mrs. Juanita Ellis, President j
Citizens Association for Sound Energy Honorable Dale McPherson 1426 South Polk County Judge Dallas, Texas 75224 P. O. Box;851 Glen Rose,. Texas. 76043 Owen L. Thero, President.
Quality Technology Company Mr. John H. Butts, Manager Lakeview Mobile Home Park, Lot 35 Tex-La Electric Cooperative.of. Texas, Inc.
4793 East Loop 820 South P. O. Box 1623 Fort Worth, Texas 76119 Nacogdoches, Texas. 75963-1623 Mr. Roger D. Walker, Manager Mr. Richard E. McCaskill.
Regulatory Affairs for Nuclear Executive Vice President Engineering Organization and General Manager Texas Utilities Electric Company Brazos Electric. Power. Cooperative, Inc.
400 North Olive Street, L.B. 81 2404 LaSalle Avenue Dallas, Texas 75201 Waco, Texas 76702-2585 Texas Utilities Electric Company Mr. Ed Wagoner, General Manager.'
c/o Bethesda Licensing Texas Municipal Power Agency 3 Metro Center, Suite 610 P. O. Box.7000 Bethesda, Maryland 20814 Bryan, Texas 77805 William A. Burchette, Esq.
Mr. William J. Cahill, Jr.
Counsel for Tex-La Electric Group Vice President, Nuclear Cooperative of Texas TU Electric Jorden -Schulte, & Burchette 400 North Olive Street, L.B. 81 i
1025 Thomas Jefferson Street, N.W.
Dallas, Texas 75201 Washington, D.C.
20007 GDS Associates, Inc.
Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237
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i Michael D. Kohn, Esquire June 4,-1993 DISTRIBUTION Docket File; NRC PDR Local PDR PDIV-2 R/F JTaylor JSniezek HThompson
- JBl aha JLieberman BHayes JMilhoan, Region IV TMurley FMiraglia JPartlow JRoe t
MVirgilio SBlack TBergman (2)
EPeyton OPA OCA NRR Mail Room (EDO 7878) (12/G/18)
DMorris (EDO 7878)
MMalsch,-OGC LChandler, DGC JGoldberg, OGC WRussell FGillespie VYanez (2)
LYandell, Region IV SBurns, OCAA BClayton l
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