ML20117K705
| ML20117K705 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 06/05/1996 |
| From: | Colapinto D, Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Bloch P, Carpenter J, Murphy T Atomic Safety and Licensing Board Panel |
| References | |
| CON-#296-17677 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9606120177 | |
| Download: ML20117K705 (3) | |
Text
r
-w YWU KOHN KOHN, S COLAPINTO, PC.
ATTORNEYS AT LAW DOCFEIED U $* PR C' 517 FLORLDA AVENUE. NW
~
WASHINGTON. DC 20001-1850 (202] 234-4863'e FAX (2021462-4145
'% M -7 P 2 :53
()py p.. j,; '. ~ "; ['. p 3
YD June 5, 1996 DCCht X v.
6-I Hon. Peter B.
Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Hon. James H.
Carpenter l
933 Green Point Drive i
Oyster Point Sunset Beach, NC 28463 Hon. Thomas D. Murphy Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Re:
In the Matter of Georgia Power Company, et al. (Vogtle Electric Generating P1 ant, Units 1 and 2), Docket Nos.
50-424-OLA-3 & 50-425-OLA-3, ASLBP No. 93-671-01-OLA-3
Dear Honorable Judges:
Pursuant to the parties' obligations to inform the Board about significant developments in the above-referenced action, on j
behalf of the Intervenor, Allen L. Mosbaugh, we hereby inform you
(
that on May 29, 1996 the NRC staff issued a Notice of Violation
("NOV") to the licensee, Georgia Power Company (hereinafter,
~
" Georgia Power" or "GPC"), based on the Secretary of Labor's decisions and orders in Marvin B. Hobby v.
Georcia Power Company, DOL Case No. 90-ERA-30, Dec. & Remand Ord. of SOL (Aug.
4, 1995) and Allen L.
Mosbauch v.
Georcia Power Comoany, DOL Case Nos. 91-ERA-1/11, Dec. & Remand Ord. (Nov. 20, 1995).1/
See, EA 95-171 and EA 95-277, letter from Stewart D.
Ebneter to Mr. W.
George Hairston, III, with attachments (May 29, 1996)..The NRC staff categorized Georgia Power's illegal terminations of Mr. Mosbaugh l
and Mr. Hobby, re ?pectively, as two separate Severity Level I j
violations, aftel consultation with the Commission.
j
^
l' Both cases were filed pursuant to the whistleblower protection provisions of Section 210 of the Energy Reorganization Act
(" ERA"), a_s amended, 42 U.S.C. S 5851 (1988).
9606120177 960605 PDR ADOCK 05000424 0
PDH O
-e_
(-
fo -
i c
l It is Intervenor's understanding that counsel for the NRC staff will formally submit the above-referenced NOV and related correspondence to the Board.
However, given the severity of the NRC staff's enforcement action, which also addresses serious accusations levelled in this cane against Mr. Mosbaugh by Georgia l
Power, we' respectfully request leave to file this letter.
l Despite having been ordered by the Secretary of Labor to reinstate both Mr. Hobby and Mr. Mosbaugh, Georgia Power has refused to comply with'the Secretary's orders of reinstatement in l
both cases.
In its May 29, 1996 letter to Georgia Power the NRC L
staff expressed its concern that the licensee's failure to.
P immediately reinstate both Mr. Mosbaugh and Mr. Hobby "may itself have a chilling effect on other employees."
Id.,
at p.
3.
Additionally,.the'NRC staff responded to Georgia Power's allegations that Mr. Mosbaugh committed misconduct and deliberately violated NRC requirements.
Considerable time and l
resources were expended by the parties in this proceeding, and by L
the parties in Mr. Mosbaugh's ERA case, concerning Georgia l
Power's allegations that Mr. Mosbaugh committed misconduct.
For example, Georgia Power submitted a voluminous " Motion to Reopen" the record in the ERA case based on these allegations of misconduct in support of its argument that Mr. Mosbaugh is not
, entitled to any relief under the ERA.1/
Georgia Power based its argument that Mr. Mosbaugh violated regulations and committed l
misconduct in part on statements contained in the NRC's Modified NOV.
See, EA 93-304, NRC letter dated March 13, 1995.
However, the NRC staff has now clarified in its most recent NOV that, in its view, Mr. Mosbaugh did not commit misconduct.
Egg, EA 95-171 and EA 95-277, NRC letter dated May 29, 1996 at p.
2.
The NRC staff also found that all of the issues raised by Georgia Power's " Motion to Reopen" the record in this case, which l
alleged that Mr. Mosbaugh deliberately violated NRC regulations, i
are without merit.
Id., p.
2, footnote 1.
These findings by the l
NRC staff are significant because they repudiate Georgia Power's refusal to immediately reinstate Mr. Mosbaugh, as the Secretary of Labor ordered, based on what the licensee has characterized as "after acquired" and " newly discovered" evidence of misconduct.
l j'
After reviewing Georgia Power's voluminous " Motion to Reopen" and
'all of the e'. legations contained therein, the NRC noted that it "did not find that Mr. Mosbaugh deliberately violated any l
requirement."
Id. (emphasis added).
Moreover, the NRC staff aptly explained that "but for Mr. Mosbauch's activities in raising concerns and taping mectings and conversations among GPC 1
{
2/
Georgia Power provided this Board with copies of its
" Motion to Reopen" the record that it filed with the Secretary of Labor in Mr. Mos?, ugh's ERA case.
As of the time of this filing i
the Secretary has not ruled on Georgia Power's motion to reopen.
l i
r
.'s i
' personnel, the evidence to sunoort the enforcement actions with recard to GPC's submittals of inaccurate and incomolete information would not have been obtained."
Id. (emphasis added).
We will keep the Board informed of any significant developments they occur in Mr. Mosbaugh's and Mr. Hobby's respective ERA proceedings, both of which are still pending before the U.S.
Department of Labor.
Thank you for your attention to this matter.
Respectfully submitted, Michael D.
Kohn l
~
A ff David K Colapinto Attorneys for Intervenor i
cc: Service List l
C:\\ FILES \\301\\ LETTERS \\ASLB962.LTR 1
l l
l I
i