ML20079P973
| ML20079P973 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 10/28/1991 |
| From: | Levine A POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | Lam P, Rein H, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| CON-#491-12338 91-645-02-OM, 91-645-2-OM, EA-91-053, EA-91-53, OM, NUDOCS 9111150014 | |
| Download: ML20079P973 (3) | |
Text
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1033 Broadwn l g 3 3 p New Wrk. New wek 10019 muum
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- > NewYorkPower
-6 e w' 4sf Authority October 28, 1991 Ivan W.
Smith, Chairman Harry Rein, M.D.
Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing Atomic Safety and Licensing Pa"el Panel U.S.
'iuclear Regulatory 1877 Kingfield Drive Cummission Longwood, FL 32779 Wash ngton, D.C.
20555 Peter S.
Lam Administrative Law Judge Atomic Safety and Licensing Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of New York Power Author ity James A.
FitzPatrick Nuclear Power Plant Facility Operating License No. DPR-59 L
Docket No. 50-333 E.A-91-053, ASLBP No. 91-645-02-OM
Dear Administrative Judges:
We are in receipt of the Objections of David M.
Manning to Proposed Settlement Agreement
(" Objections").
In his submittal, Mr. Manning requests the Board to deny approval of the settlement agreement proposed by the New York Power, Authority and NRC Staff.
In his Objections, Mr. Manning raises issues ccr.ccrning his legal rights and the right of the Authority to establish the follow-up drug testing program set forth in the proposed settlement agreement.
The Authority adheres to the position that, as Mr. Manning's Part 50 employer, it is required to establish an appropriate drug testing program under 10 C.F.R. Part 26. The Authority must assure that all employees are fit for duty.
This 9111150014 9110PB 5 03 g
PDR ADOCK 05000333 G
~~
authority exists regardless of the action taken by the NRC on the Part 55 license.
So that we may fully present our views on this matter, we are requesting the Board to delay any decision on the settlement agreciment until after November 4,
- 1991, by which time we will' submit a formal response to Mr.
Manning's Objections.
Very truly yours, j
(/,7 w z Amy-J.'Levine Attorney cc:
Service List m
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s Service List Ivan W.
Smith, Chairman Adjudicatory File (2)*
Administrative Judge Atomic Safety Atomic Safety and Licensing and Licensing Board Board' Panel U.S.-Nuclear Regulatory U.S. Nuclear Regulatory Comnission Commission-Washington, DC 20555 Washington, D.C.
20555 i
Atomic Safety and Peter S.
Lam Licensing Board Panel (1)
Administrative Judge
-U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, DC 20555 U.S.
Nuclear Regulatory Commission Karla D.
Smith, Esq.
Washington, D.C.
20555 Regional Counsel U.S.
Nuclear Regulatory Harry Rein, M.D.
Commission r
Administrative Judge 475 Allendale Road 1877 Wingfield Drive King of Prussia, PA 19406-Longwood, Florida 32779 D.
Jeffrey Gosch, Esq.
Office of the Secretary (2) 407 South Warren Street U.S.-Nuclear Regulatory Syracuse, New York 13202 Commission Washington, D.C.
20555 Bernard M.
Bordenick, Esq.
Attn:
Docketing and Service U.S.
Nuclear Regulatory Section Commission Office of the General Counsel Marian L.
Zobler, Esq.
Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Office of'the 7,eneral Counsel Washington, D.C.
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