ML20137B694

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Notice of Issuance of Directors Decision Under 10CFR2.206 Filed by Doyle,Requesting That NRC Action Take Immediate Action Against Westighouse
ML20137B694
Person / Time
Issue date: 03/20/1997
From: Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To:
Shared Package
ML20137B665 List:
References
2.206, DD-97-07, DD-97-7, NUDOCS 9703240038
Download: ML20137B694 (3)


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DD-97-07 UNITED STATES NUCLEAR REGULATORY COMISSION t

WESTINGHOUSE ELECTRIC CORPORATION ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 i

Notice is hereby given that the Director, Office of enforcement, has l

l issued a Director's Decision concerning a Petition dated May 30, 1996, filed j

by Mr. Shannon Doyle against Westinghouse Electric Corporation (Westinghouse) j pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206). The petition requested that the NRC institute a show cause proceeding pursuant to 10 CFR 9 2.202 and/or impose a civil penalty upon l

Westinghouse. The petition was based on Westinghouse's failure to correct the i

record and, through its counsel, provision of material false statements to a l

Department of Labor (DOL) Administrative Law Judge in a case arising under the i

j Energy Reorganization Act, 89-ERA-022.

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The Director, Office of Enforcement, has determined that the Petition 3

should be denied for the reasons stated in the " Director's Decision Under 10 CFR 2.206" (i.e., DD-97-07).

In sum, the Petition raises matters which j

fall within the jurisdiction and authority of the 00L, rather than the NRC.

Accordingly, this matter is being referred to the D0L.

In reaching this j

decision, the Director considered the available documents, including the Petitioner's submittals dated May 30 and October 8,1995, and Westinghouse's j

submittal dated November 8, 1996. The decision and the documents cited in the f

decision are available for public inspection and copying in the Commission's Public Document Room, the Gelman Building, 2120 L Street NW, Washington, DC.

i 9703240038 970320 PDR TOPRP ENVWEST

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' A copy of this decision has been filed with the Secretary of the i

Commission for the Commission's review in accordance with 10 CFR 6 2.206(c).

As provided therein, this decision will become final action of the Commission

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25 days after issuance unless the Commission, on its own motion, institutes a review of the Decision within that time.

Dated at Rockville, Maryland, this 20th day of March 1997.

FOR THE NUCLEAR REGULATORY COMMISSION J mes Lieberman, Director

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Shannon T.. Do'yle * ' '[c ' Distribution:

POR (with background).

SECY (5 copies ~ with b'ackground)

DCS ED0# 96-400 LCallan, ED0 JLieberman, OE MSatorius, OE NMamish, OE MThadani, NRR JKennedy, NRR JGoldberg, 0GC (2 copies with background)

MMalsch, 0GC (with background)

VYanez, PUB (2 + disk)

MBoyle (by E-mail)

PET _BBS (by E-mail)

OE' (1/N OGC 30 D:0EM

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