ML20078Q327

Requests That NRC Institute Show Cause Proceeding to Modify, Suspend or Revoke Licensee Licenses NPF-41,NPF-51 & NPF-74 Relevant to Operations of Plant

ML20078Q327
Person / Time
Site:	Palo Verde
Issue date:	09/16/1992
From:	Saporito T SAPORITO, T.J.
To:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20078Q310	List: ML20078Q327
References
FOIA-93-638 NUDOCS 9412220074
Download: ML20078Q327 (6)

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THOMAS J. SAPORITO, A. ,

13517 West Glendale, No. 2026 Glendale, Arizona 85307 son /sss-ssos September 16,199?

r Mr. James Taylor Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Arizona Public Service Company, Palo Verde Nuclear Generating Station Ucense Nos. NPF-41, 51 and 74: Docket Nos. 50-528, 529 and 530

Dear Mr,

Taylor:

Pursuant to 10 C.F.R. $ 2.206, Thomas J. Saporito, Jr., hereinafter, Petitioner, requests specific actions by the Nuclear Regulatory Commission (NRC), within a reasonable time, directed towards the Arizona Pubile Service Company (Licensee),'

regarding operations at the Palo Verde Nuclear Generating Station (PVNGS). .

Specific Request:

Petitioner requests, pursuant to 10 C.F.R. l 2.202, that the NRC Institute a show cause proceeding to modify, suspend, or revoke the Uconsee's operational license numbers NPF-41, 51 and 74 relevant to operations at the Palo Verde Nuclear Generating Station. ,

, Basis and Justification:

Petitioner makes reference t.o 10 C.F.R. t 30.7, the Employee protection i provisions of the NRC regulations which state, in part, that:

(a) Discrimirfation by a Commission licensee, an appilcant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms conditions, and privileges of employment. The protected activities include but are not limited to:

(1) Providing the Commission information about possible violations of requirements imposed under.elther 10 C.F.R. I 30.7 or Section 210 of .

the Energy Reorganization Act of 1974 as Amended 42 U.S.C. 5851.

(11) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; or (iii) Testifying in any Commission proceeding, j g 22 g 4 940217

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i James Taylor.- E.D.O.

U.S. Nuclear Regulatory Commission  ;

September 16, 1992 A violation of this regulation by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant  :

may be grounds for:

(1) Donlal, revocation, or susoonsion of the license.

(2) Imposition of a civil penalty on the licensee or appilcant. i (3) Other enforcement action. (

Petitioner states that he engaged in " protected activities" as a contract l employee at PVNGS and that Petitioner's terms, conditions and privileges of employment were adversely affected by the Uconsee and by The Atlantic Group, a contractor and/or subcontractor to the Ucensee.

Petitioner states that at least 3 other Ucensee employees have been )

adversely affected in the terms, conditions and privileges of their employment as a result j of their engagement in " protected activities" at PVNGS. i 1

Petitioner states that at least one Ucensee employee flied a Section 210 l complaint of employment discrimination and that the Department of Labor Administrative l Law Judge ruled that the Uconsee did, in fact, discriminate against the employee. See Unda E. Michell v. Arizona Public Service Company and Arizona Nuclear' Power Project; Case No. 91-ERA-9. Although the Uconsee appealed this declolon, the NRC has jurisdiction within current federal regulations to take enforcement action directed towards the Uconsee pursuant to 10 C.F.R. 9 30.7 and the Employee Protection Provisions therein.

l Petitioner states that Uconsee interfered with a Department of Labor investigation of a Section 210 complaint by intimidation and/or coercion of a Licensee employee.

Petitioner states that on-golog Section 210 violations are occurring at the Licensee's station and that a severe and pervasive chilling effect exists at the station.

Petitioner is currently litigating a Section 210 complaint Identified as 92- _ -

ERA-30 naming the Uconsee and The Atlantle Group as Respondents. Petitioner states 4 hat ~~ ~

discovery in this proceeding evidences that a large number of Uconsee employees do'c:t know:

(1) What an NRC Form 3 is. ,

(ii) Do not know how to file a DOL complaint.

(111) Do not know what is meant by the term " protected employee".

(iv) Do not know what a " protected activity" is.

Page No. 2

.$, , ,v James Taylor, E.D.O. ,

U.S. Nuclear Regulatory Commission September 16, 1992 The Ucensee has been less than truthful to NRC officials in the past regarding operations at PVNGS and self-identification of violations of NRC requirements at the station. A former Ucensee employee has stated to NRC officials that he, in fact, falsified permanent plant records at PVNGS. The Petitioner has stated to NRC officials that the Uconsee has falsified permanent plant records and that certain violations which occurred at the station may not have been reported to the NRC by the Uconsee.

WHEREFORE, the " good cause" reasons stated above, the Licensee cannot demonstrate, to the NRC, reasonable assurance for the safe operation of the Palo Verde Nuclear Generating Station. Therefore, Petitioner seeks licensing action directed towards the Ucensee and The Atlantic Group and that a show cause proceeding be Instituted to receive testimony in support of the same.

Respectfull submitted, f

Thomas J.

tp.

cc: Administrator David Williams, inspector General U.S. Nuclear Regulatory Commission Office of the Inspector General 1450 Maria Lane U.S. Nuclear Regulatory Comm.

Walnut Creek, CA 94596-5368 Washington, D.C. 20555 The Honorable Congressman Dingell The Honorable Bob Graham United States Congress United States Senator Washington, D.C. 20555 Senate Office Building Washington, D.C. 20555 David K. Colapinto, Esq.

KOHN, KOHN & COLAPINTO . ABC NEWS PRIME TIME UVE 517 Florida Avenue, N.W. 147 Columbus Avenue Washington, D.C. 20001 New York, NY 10023 WPEC TV 12 NEWS The Arizona Republic Post Office Box 24612 120 E. Van Buren W. Palm Beach. R., 33416 Phoenix, AZ 85001 l

Page No. 3

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ltr only: Taylor Sneizek

i. Thompson THOMAS J. SAPORITO, JR. Blaha 13517 West Glendale, No. 2026 Hayes Glendale, Arizona 85307 Murley son /s s-esos JMartin The Honorable George Bush President of the United States The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Re: Saporito v. Arizona Pubtle Service Company and The Atlantic Group, Case 92-ERA-30

Dear Mr. President:

I am currently engaged in whistleblower litigation relevant to the Pafo Verde nuclear station operated by permissive license by the Arizona Public Service Company (APS). I am litigating this matter pro se and have exhausted all my personal savings while responsible for the well-being of three young children in my home State of Florida. My case is schedule for trial on September 28, 1992, in Phoenix, Arizona.

l Employees at the Palo Verde nuclear station have contacted me with their own concerns of retallation by APS officials for raising concerns to government officials regarding operations at the Palo Verde nuclear station. Enclosed, please take receipt of a ,

taped interview I conducted with two APS employees who are currently employed at the 4 Palo Verde nuclear station. Mr. President, the situation at the Palo Verde nuclear station is I very grave. APS officials are currently operating the station under at least two JCOs and i with a very pervasive, company-wide and on-going conduct of retallation, harassment and discrimination against employees who dare to raise concerns to anyone.

The Palo Verde station has a very hostile work environment causing employees to work in fear everyday. ' Employees who have participated in DOL ,

investigations and NRC Investigations have been intimidated, coerced and felt threatened l by APS attorney Steve C. Thornton, Esq. Although NRC officials have been notified of this on-going situation at Palo Verde, enforcement action for the protection of employees pursuant to 10 C.F.R. 5 50.7 has not been initiated to date. I request that you direct the United States Justice Department to investigate the actions and conduct of Mr. Thornton in ,

this matter. l Mr. President, on behalf of myself and other Palo Verde workers, I seek your help and assistance in this urgent matter and request that you direct the NRC by Executive Order to take immediate actions in the enforcement of the Federal Regulations under 10 C.F.R. I 50.7 to protect the employees at the Palo Verde nuclear station. Considering the vast amount of safety related equipment at Palo Verde which is operating under JCOs and considering the pervasive, company-wide conduct of retallation by APS officials against employees who raise concerns at the station, APS can no longer demonstrate reasonable assurance for the safe operation of Palo Verde to the NRC.

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r The Honorable George Bush September 22, 1992 Page 2 of 2 Finally, Mr. President, several of the station's employees have been threatened with physical harm and I myself was subjected to a violent physical attack at the station. Therefore, I fear for my life and the lives of my witnesses scheduled for trail this Monday and I hereby request that you direct the Federal Bureau of Investigations to provide around-the-clock personal protection for the following individuals:

1. Thomas J. Saporito, Jr. 602/935-6509

2. Linda Mitchell 602/386-3909

3. Sarah Thomas 602/979-2951

4. Dave Simmons 602/486-5784 Mr. President, I pray that for your immediate attention in this most urgent matter.

DATED September 22, 1992. ,

Respectfully submitted,

- a Thomas J. S .

13517 W. Glenda o. 2026 l Glendale, Arizona 85307  ;

1-602-935-6509 cc: James Taylor, Exec. Dir. ,for Operations WPEC TV NEWS  !

U.S. Nuclear Regulatory Commission Post Office Box 24612 Washington, D.C. 20555 W. Palm Beach, FL 33146 The Honorable Congressman Dingell The Arizona Republic United States Congress Victor Dricks, Reporter Washington, D.C. 20555 120 E. Van Buren Phoenix, AZ 85001 The Honorable Bob Graham United States Senator David K. Colapinto, Esq.

Senate Office Building KOHN, KOHN & COLAPINTO Washington, D.C. 20555 517 Florida Avenue, N.W.

Washington, D.C. 20001 David Wi!Ilams, inspector General Office of the inspector General The Wahsington Post i U.S. Nuclear Regulatory Commission Jack Anderson, Reporter I Washington, D.C. 20555 115015th Street, N.W.

Washington, D.C. 20071 ABC NEWS PRIME TIME LIVE Michael Cowar. Reporter Energy Daily 147 Columbus Avenue Jim Clark, Reporter New York, NY 10023 627 National Press Building Washington, D.C. 20045 l

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