ML20137S938

Ack Receipt of Petition Requesting Action Under 10CFR2.206 Sent to W Travers on 990405.Petition Requested That NRC Take EA Against Util & Senior Nuclear & Corporate Mgt

ML20137S938
Person / Time
Site:	Nine Mile Point
Issue date:	06/09/1999
From:	Zimmerman R NRC (Affiliation Not Assigned)
To:	Norway R AFFILIATION NOT ASSIGNED
Shared Package
ML20137S942	List: ML20137S938 ML20137S946 ML20137S954
References
2.206, NUDOCS 9906110160
Download: ML20137S938 (6)

Text

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.,*$ k UNITED STATES B NUCLEAR REGULATORY COMMISSION

{t i! WASHINGTON. D.C. 20655 0001

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aine 9,1999 Mr. Robert Norway 113 Dewey Road Mexico, NY 13114

/

Dear Mr. Norway:

I have received your Petition requesting action under 10 CFR 2.206 that you sent to Dr. William Travers, Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC), on April 5,1999. In your Petition, you requested that the NRC (1) take enforcement action against Niagara Mohawk Power Corporation (NMPC) and its senior nuclear and corporate management and, as a minimum, against three named individuals for submitting an altered 1994 employee record to the NRC at an enforcement conference on May 10,1996; (2) take enforcement action against these same parties for presenting at this enforcement conference a false written record of the Administrative Law Judge's (ALJ's) determination in the Department of Labor proceeding in Case No. 95-ERA-005; (3) take enforcement action against these same parties for the placement of confidential employee information into the public record in violation of 10 CFR 2.790; and (4) take enforcement action against these same partiec for an additional act of discrimination, pursuant to 10 CFR 50.7, for destroying your credibility and reputation in the nuclear industry. You also requested that the NRC forward these issues to the Department of Justice for consideration of criminal prosecution.

in addition to these requests for enforcement actions, you also requested that various other actions be implemented. These actions include the following: (1) that the agency perform an independent review of all NMPC's docketed files associated with the individuals who committed the alleged fraud; (2) that the NRC forward your complaint to the Office of the Inspector General for investigation of possible deliberate misconduct on the part of the NRC staff; (3) that an Independent Oversight Group be established to provide oversight of the NMPC Human Resources Department and Employee Concerns Program; (4) that a public meeting be held to obtain public comments pertaining to a number of issues, including discrimination and the placement of fraudulent documentation into public records; and (5) that the NRC publicly post NMPC's Nine Mile Point Nuclear Station, Unit No. 2 Residual Heat Removal (RHR) Alternate Shutdown Cooling Safety Evaluation 96-091 to make it available for public comment or require NMPC to re-perform this safety evaluation.

As a basis for all of your requests, you alleged that NMPC deliberately created a false employee record and fraudulently submitted this record, as well as a false written record of an ALJ decision, into the public record, under false pretenses and perjury, during a 1996 enforcement conference with the NRC. Regarding the aheged false written record of an ALJ decision, Mr. James Lieberman's correspondence to you dated May 3,1999, stated that the NRC staff had reviewed the transcript of the enforcement conference and determined that the NRC staff understood that the document represented the position of NMPC management and not that of the ALJ. Therefore, the submittal of such a document cannot be the basis for taking "J906110160 9906C9 U ADOCK 05000220 CF h!"

R. Norway . 2-enforcement action against NMPC, As provided by 10 CFR 2.206, the staff is reviewing your request for enforcement action and other actions with regard to the submission of the allegedly fraudulent employment record, and we willinform you, within a reasonable time, of the action to be taken on your requests.

In addition, you have also submitted a technical concern regarding ywr ,;ontinued efforts to address RHR alternate shutdown cooling safety. The NRC staff will address this issue and correspond with you separately regarding your technical concern.

As to your request to forward your complaint to the NRC Inspector General, we did so on May 17,1999.

The Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's, regulations. With regard to any new information that you believe should be considered by my staff in evaluating the issues in your Petition, please provide such information to Mr, Darl Hood, PDI 1, Mailstop O-8 C2, U.S. Nuclear Regulatory Commiasion, Washington, DC 20555-0001.

I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed a pamphlet on the public petition process.

Sincerely,

% P %~

o . Zi man, Acting Director fice of Nuclear Reactor Regulation

Enclosures:

1. Federal Reaister Notice

2. Petition Process Pamphlet cc: Licensee (w/ copy of incoming 2.206 request) and Service List

R. Norway 2- June 9,1999 criforcem:nt cetion cgainst NMPC. As provided by 10 CFR 2.206, tha st:ff is r:vi: wing your request for cnforcem:nt cction cnd oth:r cetions with r: gard to the submission of the allegedly fraudulent employment record, and we willinform you, within a reasonable time, of the action to be taken on your requests.

in addition, you have also submitted a technical concern regarding your continued efforts to address RHR alternate shutdown cooling safety. The NRC staff will address this issue and correspond with you separately regarding your technical concern.

As to your request to forward your complaint to the NRC Inspector General, we did so on May 17,1999.

The Petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations- With regard to any new information that you believe should be considered by my

, staff in evaluating the issues in your Petition, please provide such information to Mr. Darl Hood,

! PDI-1, Mallstop O 8 C2, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001.

I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed a pamphlet on the public petition process.

l- Sincerely, ORIGINAL SIGNED BY R.P. ZIMiD%N l

l l

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Federal Reoiste,-Notice

2. Petition Process Pamphlet cc: Licensee (w/ copy of incoming 2.206 request) and Service List i

l DISTRIBUTION:

See next page DOCUMENT NAME: G:\PDI 1\NMP1-2\NORACKLT.WPD 1

- To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure 'E' = Copy with attachment / enclosure "N' = No copy lE LA:PDI 1 .l SC:PDI-1,,g( [j 0FFICE PM:PDI-1 _ , l D:PDI l TECH ED l NAME DHood/rsi dO/1 Slittle 4 4,( SBajwa F N EAdensam W 'B p NAME JLieberman G V SBlack $p Jlwoknski "QZimmerman I " " {$5 Collins I" '

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DATE 05/ /99 05/ /99 @ l /99 05/ /99 05/ /99 Official Record Copy hWl G

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Nine Mile Point Nuclear Station Unit Nos.1 and 2 Regional Administrator, Region l-- Charles Donaldson, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General 475 Allendab Road - New York Department of Law

- King of Prussia, PA 19406 120 Broadway New York, NY 10271

. Resident inspector

U.S; Nuclear Regulatory Commission Mr. Paul D. Eddy _

P.O. Box 126 State of New York Department of Lycoming, NY 13093 Public Service Power Division, System Operations Mr. Jim Rettberg 3 Empire State Plaza New York State Electric & Gas Albany, NY 12223 Corporation Corporate Drive Mr. Timothy S. Carey Kirkwood Industrial Park Chair and Executive Director P.O. Box 5224 State Consumer Protection Board Binghamton,' NY 13902 5224 5 Empire State Plaza, Suite 2101 -

Albany, NY 12223

- , Supervisor-Town of Scriba Mark J. Wetterhahn, Esquire Route 8, Box 382 ' Winston & Strawn Oswego, NY 13126 1400 L Street, NW Washington, DC' 20005-3502 Mr. Richard Goldsmith Syracuse University Gary D. Wilson, Esquire

' College of Law Niagara Mohawk Power Corporation E.I. White Hall Campus 300 Erie Boulevard West Syracuse, NY 12223 Syracuse, NY 13202 - 1 Mr. John V. Vinquist, MATS Inc. Mr. F. William Valentino, President P.O. Box 63 - New York State Energy, Research, Lycoming, NY L13093 - and Development Authority Corporate Plaza West Mr. John H. Mueller 286 Washington Avenue Extension

-Chief Nuclear Officer Albany, NY 12203-6399 Niagara Mohawk Power Corporation Operations Building,2"d Floor P.O. Box f 3 4 Lycoming, NY 13093 i

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DISTRIBUTION:

?? Oookst Me (50430/50-410) (w\ original incoming letter)

'PUBLIC (vAincoming letter)

EDO #G19990224 EDO R/F

- PDI 1 R/F (w\lncoming)

S. Collins /R. Zimmerman l B Sheron J. Zwolinski/S. Black E. Adensam S. Bajwa S. Little D. Hood.

J. Lieberman W. Travers M. Knapp F. Miraglia P. Norry . .

J. Blaha S. Burns -

K. Cyr, OGC ~

. J. Goldberg, OGC M. Gamberoni(e-mail only MKG)

Ram Subbaratnam (e-mail only RXS2)

OPA OCA NRR Mall Room (EDO #G19990224 w/ incoming) (05E7)

C. Norsworthy D. Dambly, OGC M. Oprendek i

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I MEMORANDUM TO

Rules and Directives Branch Division of Administrative Services j Office of Administration FROM: Office of Nuclear Reactor Regulation

SUBJECT:

Receipt of Petitim for Directtr's fbtisim IMnr 10 (TD 2.W

/

p One signed original of the FederalRegister Notice identified below is attached for your transmittal

) to the Office of the Federal Register for publication. Additional conformed copies ( r, ) of the Notice tire enclosed fcr your use.

Notice of Receipt of Application for Construction Permit (s) and Operating License (s).

Notice of Receipt of Partial Application for Construction Permit (s) and Facility License (s):

( Time for submission of Views on Antitrust matters.

( Notice of Consideration of Issuance of Amendment to Facility Operating L! cense. (Call with 30-day insert date).

Notice of Receipt of Application for Facility License (s): Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of issuance of Facility License (s) and Notice of Opportunity for Hearing.

Notice of Availability of NRC Draft / Final Environmental Statement.

O Notico of Limited Work Authorization.

O Notice of Availability of Safety Evaluation Report.

Notice of Issuance of Construction Permit (s).

Notice of Issuance of Facility Operating License (s) or Amendment (s).

i Order.

Exemption.

Notice of Granting Exemption.

Environmental Assessment.

C Notice of Preparation of Environmental Assessment.

Receipt of Petition for Director's Decision Under 10 CFR 2.206.

Issuance of Final Director's Decision Under 10 CFR 2.206.

1 Other: ,

t DOCKET NO. 50-220 anr! 50-410 i Attachment (s): As stated .,

giOth ,

Contact:

Shrsri 1.ittle DOCUMENT ME:

Tm receive a copy of the docungnt, indicate in the box: "C' = Copy without attachmerit/ enclosure 'E' = Copy with attachment / enclosure "N* = No copy OFFICE mp/N PMI l l l l l l NAME littF DATE (f / O/99 g OFFICIAL RECORD COPY

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