ML20046B615
| ML20046B615 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 07/08/1993 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Saporito T SAPORITO, T.J. |
| Shared Package | |
| ML20046B616 | List: |
| References | |
| 2.206, NUDOCS 9308050248 | |
| Download: ML20046B615 (4) | |
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UNITED STATES fe 1fj NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 2055E4001 l
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July 8,1993 i
I Docket Nos. 50-498 and 50-499 (10 CFR 6 2.206)
Mr. Thomas J. Saporito, Jr.
P.O. Box 3082 Boynton Beach, Florida 33424-3082
Dear Mr. Saporito:
I am writing to acknowledge receipt of your Petition on May 5,1993, in which you request that the U.S. Nuclear Regulatory Commission (NRC) institute a proceeding pursuant to 10 CFR 2.202 with regard to Houston Lighting and Power Company (licensee), operator of the South Texas Project Electric Generating Station (STP).
In your Petition, you request that the NRC (1) institute a show cause proceeding to modify, suspend, or revoke the licensee's 41RC licenses authorizing operation of STP; (2) imediately shut down the two reactor cores at STP; and (3) issue civil penalties against the licensee and/or licensee personnel at STP.
You assert as grounds for your request that there is no " reasonable assurance" of safe operation of STP because the NRC has referred four cases of discrimination against whistleblowers to the U.S. Department of Justice and is seeking indictments against licensee officials for retaliation; the licensee's actions against workers have instilled a " chilling effect" at STP; the licensee's physical plant nuclear security program is of questionable effectiveness; the NRC Inspector General found that the process used to justify the terminations of three former STP employees was prejudicial to them, and NRC investigators found that management was aware that these workers had made allegations to " Speak Out" and/or NRC officials; licensee officials may be held liable for allegedly misleading the NRC about certain security-related matters; the licensee's failure to reduce a huge maintenance backlog has led to repeated human errors and equipment failures; the licensee maintains an autocratic, vindictive management team at STP, which has further instilled a chilling effect; the licensee has 12 Departet of Labor discrimination cases pending regarding alleged retaliattry actions taken at STP; the NRC cannot rely on the licensee to be truthful or candid; a fermer security supervisor at STP has stated that "nobody wanted to hear that ther3 were any problems"; the NRC Chairman has stated that the NRC has become much more aggressive in pursuit of utilities that retaliate against whistleblowers; the NRC Director of Investigations has said he has no qualms about referring a case of alleged utility wrongdoing to the Department of Ju,tice; the NRC is currently investigating allegations that the licensee has used surveillance devices to spy on employees, and possibly llRC resident inspectors, at STP; and on March 30, 1993, a licensee executive was involved i
in an incident that appears to be a form of intimidation.
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Mr. Thomas J. Saporito July 8, 1993 i
Upon receiving your Petition, the NRC staff performed an evaluation and determined that you have not set forth a basis for the immediate action you i
request. The NRC is aware of the issues that form the basis for your request for specific actions at STP. As you may know, significant inspection activity has occurred at the site, including the recently completed Diagnostic Evaluation Team inspection. A recent operational safeguards response evaluation conducted by the Office of Nuclear Reactor Regulation indicated an excellent contingency response capability at the STP (item 3 of your Petition). Additionally, a number of recent enforcement actions have been taken (refer to EA 92-175, EA 93-023 and EA 93-047, each dated April 19, 1993, and EA 93-057, dated May 28, 1993), including one that relates to your concern about repeated human errors (item 6 of your Petition).
Additionally, you may know that a confirmatory action letter (dated February 5,1993) and supplement letter (dated May 7,1993) were issued to deal with various issues, one of which you raised in your Petition (item 6).
These issues, in part, prompted the ongoing significant inspection and oversight activity at STP, and are being reviewed.
As a result of the staff's evaluation of your Petition, I find that your concerns either do not involve safety of the STP or do not raise safety concerns of such importance to warrant the immediate action you requested (items 2, 4, 5, 7, 8,10,11,12,13, and 14 of your Petition).
Therefore, your request for immediate action regarding the South Texas Project is denied.
Your Petition has been referred to the staff for action pursuant to 10 CFR 2.206 of the Commission's regulations. As provided by Section 2.206, action will be taken on your request within a reasonable time. As mentioned above, STP is under a confirmatory action letter and both units are currently shut down. While under the confirmatory actio, letter, the STP units will not be taken critical until the NRC staff has becn Wiefed on the results of the licensee's efforts to correct identified deficiencies.
I have enclosed for your information a copy of the notite that is being filed with the Office of the Federal Register for publication Sincerely, Original Signed By Thomas E. Murley, Director Office of Nuclear Reactor Regulation
Enclosure:
Notice cc w/ enclosure:
See next page
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4 Mr. Thomas J. Saporito Jul.
. 1993
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s cc w\\ enclosure:
Mr. J. Tapia Jack R. Newman, Esq.
Senior Resident Inspector Newman & Holtzinger, P.C.
U.S. Nuclear Regulatory Commission 1615 L Street, N.W.
P. O. Box 910 Washington, D.C.
20036 Bay City, Texas 77414 Licensing Representative Mr. J. C. Lanier/M. B. Lee Houston Lighting and Power Company City of Austin Suite 610 Electric Utility Department Three Metro Center 721 Barton Springs Road Bethesda, Maryland 20814 Austin, Texas 78767 Bureau of Radiation Control Mr. K. J. Fiedler State of Texas Mr. M. T. Hardt 1101 West 49th Street City Public Service Board Austin, Texas 78756 P. O. Box 1771 San Antonio, Texas 78296 Rufus S. Scott Associate General Counsel Mr. D. E. Ward Houston Lighting and Power Company Mr. T. M. Puckett P. O. Box 61867 Central Power and Light Company Houston, Texas 77208 P. O. Box 2121 Corpus Christi, Texas 78403 cc w/ enclosure & incoming:
Mr. Wil'.iam Cottle INPO Group Vice-Presdent, Nuclear Records Center Houston Lighting and Power Compan) 700 Galleria Parkway P. O. Box 1700 Atlanta, Georgia 30339-3064 Houston, Texas 77251 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Mr. Joseph M. Hendrie 50 Bellport Lane Be11 port, New York 11713 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, Texas 77414 Mr. William J. Jump General Manager, Nuclear Licensing Houston Lighting and Power Company P. O. Box 289 Wadsworth, Texas 77483
4 Mr. Thomas J. Saporito July 8,1993 DISTRIBUTION.
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