ML20072B790

Discusses Petition Filed Under 10CFR2.206 Re Request for Specific Action by NRC within Reasonable Time Directed Towards Facility

ML20072B790
Person / Time
Site:	Palo Verde
Issue date:	02/01/1994
From:	Saporito T SAPORITO, T.J.
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20072B531	List: ML20072B790 ML20072B849 ML20072B865
References
2.206, NUDOCS 9408160246
Download: ML20072B790 (6)

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S Til0MitS J. &1PORITO, JR.

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v February 01,1994 Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Petition Filed Under 10 C.F.R. Part 2.206

Dear Sir:

COMES NOW, Thomas J. Saporito, Jr., (" Petitioner") pra se, in accordance with 10 C.F.R. Part 2.206 and hereby files his request for specific action by the U.S. Nuclear Regulatory Commission ("NRC") within a reasonable time directed towards the Arizona Public Service Company (hereinafter " Licensee") and operator of the Palo Verde Nuclear Generating Station located near Phoenix, Arizona.

Soccific Requcil:

A. Petitioner requests that the NRC institute a show cause proceeding pursuant to 10 C.F.R. Part 2.202 to modify, suspend, or revoke the i licensee's permissive NRC operational licenses authorizing the operation of the Palo Verde Nuclear Generating Station. i B. Petitioner requests that the NRC initiate appropriate actions to cause the  !

licensee to recognize the Buckeye, Arizona Regional Office of the National Whistleblower Center as an agency which employees of the licensee may identify safety concerns about operations at the Palo Verde Nuclear Generating Station without fear of retaliation by the licensee.

C. Petitioner requests that the NRC initiate appropriate actions to cause the i licensee to encourage' employees at the Palo Verde Nuclear Generating I Station to contact the Buckeye, Arizona Regional Office of the National I Whistleblower Center to identify safety concems about operations at the Palo Verde Nuclear Generating Station as part of the licensee's procedural requirements to ensure a working environment the licensee's facility 9408160246 940812 PDR ADOCK 05000528 -- 0097146 P PDR EDO 7\LC c'

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t Executive Director for Operations U.S. Nuclear Regulatory Commission Petition Under 10 C.F.R. Part 2.206 February 01,1994 Page No. 2 which is free of hostility and which promotes the raising of safety concerns by licensee e;Wloyees without fear of retaliation.

D. Petitioner requests that the NRC initiate appropriate actions to cause the licensee to encourage employees at the Palo Verde Nuclear Generating Station to contact the NRC to identify safety concems about operations at the Palo Verde Nuclear Generating Station as part of the licensee's procedural requirements to ensure a working environment at the licensee's facility which is free of hostility and which promotes the raising of safety concems by licensee employees without fear of retaliation.

Ilasis and Justification:

1. The NRC has identified the Palo Verde Nuclear Generating Station as the second highest source of whistleblower complaints in the nation. Seventy two of the 621 harassment and intimidation allegations that the NRC received between October of 1988 and April of 1993 were received by the NRC from Palo Verde employees.

2. The licensee's spokesman for the Palo Verde facility made public comments to the West Valley View newspaper which increase the existing

" chilling effect" at the facility by discouracing employees at Palo Verde from utilizing the Buckey, Arizona Regional OfTice of the National Whistleblower Center as an agency for which the employees may identify safety concerns about operations at Palo Verde without fear of retaliation by the licensee.

Specifically, licensee spokesman, Mark Fallon, told the West Valley View newspaper that newly revised APS guidelines designed to protect whistleblowers should leave the stalTof the Buckeye center with little to do. See. copy of West Valler View news article dated January 26.

1914.

Moreover, Fallon was quoted as stating that:

"We're going to encourage people to bring forward safety concerns, and would hope that they would use their supervisory chain, their management team, or even the on-site independent organizations like the Employee Concerns Department, to resolve

c Executive Director for Operations U.S. Nuclear Regulatory Commission Petition Under 10 C.F.R. Part 2.206 February 01,1994 Page No. 3 those issues before they feel the need to go to such an organization,"

The licensee's public comments appear to chastise the National Whistleblower Center by placing the agency in a " bad light" and by not encouraging Palo Verde employees to utilize the agency as a vehicle to express safety concerns. The licensee's public comments " chill" the work force by their implicate meaning characterizing licensee employees in an adverse manner should they decide to bypass the licensee's chain of command and utilize an outside agency such as the National Whistleblower Center.

3. The licensee's spokesman for the Palo Verde facility made public comments in the frest Valky View newspaper which increase the existing

" chilling effect" at the facility by discouracing employees at Palo Verde from utilizing the NRC as an agency for which the employees may identify safety concerns about operations at Palo Verde without fear of retaliation by the licensee.

The public comments by licensee spokesman, Mark Fallon, as described in item No. 2 above clearly discourage employees from contacting the NRC. The licensee's public comments never identify the NRC as an agency for employees to contact to complain about operations at the Palo Verde station. Instead, the licensee desires the employees to keep all safety concerns within the management chain of APS. These comments by their own nature, " chill" the workforce by discouraging employees from contacting the NRC to identify safety concerns.

WHEREFORE, the above stated reasons, the licensee cannot demonstrate to the NRC reasonable assurance for the continued safe operation of the Palo Verde Nuclear Generating Station. Accordingly, it is appropriate for the NRC to consider this Petition under 10 C.F.R. Part 2.206 wherein the petitioner has set forth the fact that constitute the basis for the request. Sec. Philadelphia _Elegj ric Company (Limerick Generatine StationJnits 1 & 2), DD 85-11,22 NRC 149,154 (1985).

(,

4 Executive Director for Operations U.S. Nuclear Regulatory Commission Petition Under 10 C.F.R. Part 2.206 February 01,1994 Page No. 4 The cooperation of the NRC is complying with this request in a timely manner is I

both anticipated and appreciated in the interest for public health and safety. 1 For the environment, Petitioner pin se

,_ _ m . -

Thomas J. Sapddto, Jrf/

cc: Ken Perkins, Administrator U.S. Nuclear Regulatory Commission Region V Office 1450 Maria Lane Walnut Creek, CA 94596 National Whistleblower Center 517 Florida Ave., N.W.

Washington, D.C. 20001 Linda E. Mitchell Allan Mitchell National Whistleblower Center Post Office Box 1234 Buckeye, AZ Media file I

R Wnistlebl0Wer targets contractor admin ==.%droe==d * **n=i===mveso Having reached settlement with APS, ohntleblower s claims agams: the wrongdoms by a nuclear uti

.ons .iio ever An- unin> , % aga>= = cuiduced by e. agency.

Sapon,to now goes after The Atlanh,c Group contractor. De conser's statement, which was Sapwno now says TAG has unlawfully inaued last Wednesday to councsde wnh bi Dan Nowicki Saponto aueged that he was illegalh sie official armouncement of Sayerno's denied work dunng a subsequent Unit 'l blackhstad him. He filed a new bbor deaunen Deparnum complamt asamu the nettlerrent with APS. also says NRC N. lear "mhalleblomer nomas outa;e because of his reputation as a mvestigasus have inerviewed tuon dien aganamuon lau October.

Saponto Jr h.s mg reached a settlement whistleblo*er s' Palo Verde and other -De huganon 20 wasses. acludang die haghest u or Araona Puelg Seruce Co . is nom pianu , M and M,u seuled barwanW Sapone, W m , dng MS management h? h settm; hn sights on the contractor firm An amendment to the federal Energs (Ineb m supiter. Ra-mam assaae seems a be Mwther the that seni him io the Palo \ erde Nu-lear Reorganaation Act of 1974 protects disenmmation against Sapanno was j I -Then has been no settlement with Generaimg Stanon nuclear mdustry worten from repnsais or A Abc GmupM ky W W W m die two e management Safenin = as emploved by De Atlanne retnbunon from piant management 'o " loy rm anywhen at any d then figwes already impliessed,or if higher.

Genup in; of Norfoit \ a . when he Saponio filed a U 5 Depanment of ranka esacuuves mere also mvohred.

mor6cd an an iratrunient and control bbor complamt against both APS. Palo tabor Departmem adminstranve technician at Palo N eroe s Unii 2 dunng a verde's operstm utihr), and TAG l'I*"". nuclear.. ihties, whether nuclear or non- , law IwI outage in May 1993, bor Department charges to the U.S. Deparuessa Justice Blacklist.ing dif5 cult le prove Saponto and

• Nanonal for ible pmascuoan.

m. v l whuleblower Center,of Wastungton,

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vid Colapeso, she whistleblower D C.. announced last week that a petnion center anomey representmg Saponto, said P GSW ~

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. requestmg enforcement action asamst T AG has been filed u nh the duector of he is unaware of any previous NRC action taken agamst a contractor for blackhstag.

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J me U.5 Nucicar Regulatory Commmion's Office of Nuclear Reactor Regulawn.

-One of the reasons that we're so corcerned about it n because blacklisting u pretty widespread. and the NRC focus has been on the utilmes? Colapmio said.

~% e a ant the NRC to sanction an)

De N.a unal WhistleNomer Center whisdeblostrs gMag advke to asher -Ohen these people are as bad as the whisdebiomers and being able e share n lear faciht) thal contracts m ath he has announced ht it *111 open acantic Group because De Atlanuc utihties in retahatm) agamst people and regonal offse m Artsma and Ronda, reenurces and odier sformanoe about Group discrimmates m veciatum of the blackhumg people.

tuh 0? ahkb m all be he ded by how to protect one e self, Calaptato Energy Reorganiuuon Act."Saponto Blackhsu has histoncally bnen one w h nile DI. mTrs a.uociated u nh the said .- .

said of the most di h to prove j

, Paio \ crde Nuelcar Generanng Stauor.. De tegional offices wm he abis.ao . .g , .re aho ading them to look at he before the Department bor, he added tap unto the cemer's "

he non proin organcation, baand in Washmgion. D C.. provides legal Attortry Referraf Service._ e' D."yGr or ' P e

e[ "'8 S*Porito's settlement with APS help and retenals to u hadeMowers Colapicto said the MjtgficBs and  ;;JEul when they tesuried nder oath at bel 888 k ePt conhntial acrois the country. S will be operating the amass n ,n ILatur Depanment)inal.- Greg Cook. spokesman for the NRC's The Aruon office mill te locaied in v teers, at least at first. Region Y m Walnut Creek. Cahf.. said Dea d some rrrmb d u Budese.Just cast of Palo Verde,and "I don i know how me ever made it detenw at Saponto's Labor Depanmerit charges of blackhsting are not new.

mill be d;iected by Lmda aod Allan through everythmg me dad. bus we did, rr cedmg mhich was held in Phoenn m -We have looked mio that sort of issue MitcheH and we're domg stus becasac we inal g g g y'992 are aircady enpected to in cases other than {Saponto's). I'm not ne Flond. chapicr.

• hish wdl be that we 6hould heJp <ther people, ha w re au m savmg ht we haven't looked mm W m naa Lirmis Mitctell sand. AP5 te,taled last August that at least that particular case,I'm just gomg to sta)

Co .,4cd trtacen Turkey Pmnt Fbnda Power & Lightne U.S. Nuclear Ragohaary and si Lucie A nf i kes wnnenes had hed under neutral on that point. Cook said.

rwlear power plants. will be adnurus- Commission has sasd Palo Verde is the catt' and tha'i lamyers representm) the -Our basic position is that it's the tered bs nom.8 54 porno Jr. saumd., highest source of miu6tistdower dies ined to suppress the production of licenue's responsibahty to ensure that Both Linda Mm he'l and Saponto cortplamu in the nanon. Sevenry-two A- iM m S orn(s retaha. their contractors do not harass or intimi-hoe mon U S Depannent o(Labor of the 621 harassroent and intirmdatson non case date employees who are bringmg con-aJmmutram e law dge ruimgs allegations that the NRC recesved De Hopm nts be sparked an cerns forward, pst as we hold the beensee asamst Aruona Pu he Service Co, terwece October 1988 and April 1993 o k NRC's Office d responsible for the #ry M a Palo N erde 5 managing utihty. Both mere fmrn winters at sie Want Valley I m ug h a pmu h h h clarfred than they were harassed and ,

Nanonal Whmleblower Center caHs "one (continued on page AH) j annms: sand try piant staff tw reportmg

.fer) nlated problens

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I Nuclear mdustry empk1yees who .

voice such conccros are veecsed frons-rnanagemeni recabanon y att arnend. ' " .. ' . . ! j g

rrent to the federal Energy Reorganna , " "ef i j

txzi Act of 1974.

The West Vaticy View reporind ? '

f d Jan 12 that Saponto, a concract -.

• ' l worker, had reached a aertlemmat wtet '

APS, . . . wuns r- e Linda Mitchell, a plant engbiner, Y

• settled eth APS in January 1993 and "

quit her bb at Palo Verde. . , ,

C:ve Colapinao, the eterney wah is nu;1 ear die Nacketal %%stleblower Ceniar who facihty  ;

+ wa4 bodi Mitche!! and Saportem, ' pied - "

. q sax! the staffs wCI be smodest.

at die regional

- offices .~' anillion ~

Q' "There vm be no hwyers. k win be. California.NewMexico g;, .

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Istie ower strictlythroughtrev.-n ma,k The te

Tns of Saponto's u.

.Melw-,

Miller, TAG's vice no..l.ho,.t..

ement with APS have 7 , (contm.ued from page A13) been kept confidential, but a Palo Verde spokesman tol S the West Valley View earlier this month that "certain 4 contractor's work in safety-related systenc ~ Cook said. nsation" will be paid to the whistleblower.

S the "We also hold the licenne responsible fo. e turing that atmosphere at the facility encourages on ra: .ing of co]e parties have amicably resolved t 2i safety concerns. and the atmosphere is for the Mr. Saporito has agreed to forego any efforts to seek 5 employment with Arizona Public Service Co.." plant 4 contractor's employces as well as the licensee's employ-ces..-

spokesman Mark Fallon said.

3, , Palo Verde, with three reactors, is the largest commer-l When asked about the specific comments made by the cial miclear

.5 National Whistleblower Center regarding the NRC wer facility in the United States. The plant employs 2, workers.

E investigation into the Saponto case, Cook said: "I'm not

.s! going to get into the details of what we're doing i t this

.g specific investigation. I can't. The investigation is

! continuing, but that's all I can say."

4 TAG officials also declined to talk about Saporito's .

g petition to the NRC.

y "I don't have any comment. That's being handled l

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