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UNITED STATES j
j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 2066dHm01
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May 11, 1995 Docket Nos. 50-335 50-389 50-250 50-251 2
MEMORANDUM FOR:
Michael T. Lesar, Chief Rules Review Section Regulatory Publication Branch l
FRON:
Joseph R. Gray, Deputy Director Office of Enforcement
SUBJECT:
ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 A signed original of the subject decision is enclosed for your transmittal to the Office of the federal Register for publication. Additional conformed copies (5) of the Decision are enclosed for your use.
I Joseph R. Gray, Deputy Director Office of Enforcement i
Enclosures:
As Stated,
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J. Goldberg, OGC i
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U.S. NUCLEAR REGULATORY COMMISSION Docket Nos. 50-528, 50-529, 50-530 s
FLORIDA POWER & LIGHT COMPANY (Turkey Point and St. Lucie Nuclear Generating Stations)
(License Nos. DPR-67, NPF-16, DPR-31, DPR-41) e ISSUANCE OF DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that the Director, Office of Enforcement, has issued a decision concerning the Petition filed by Mr. Thomas J. Saporito, Jr., (Petitioner) on isarch 7,1994. The Petition requested that the NRC:
4 (1) submit an amicus curiae brief to the Department of Labor (DOL) regarding his complaints numbered 89-ERA-007 and 89-ERA-017 concerning the Petitioner's claim that the Licensee retaliated against him for engaging in protected activity during his employment at Turkey Point Nuclear Station in violation of 10 CFR 50.7; (2) institute a show cause proceeding pursuant to 10 CFR.2.202 to modify, suspend or revoke Florida Power & Light Company's licenses authorizing tt.a operation of Turkey Point; and (3) institute a show cause proceeding i
pursuant to 10 CFR 2.202 and order the Licensee to provide the Petitioner with
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a "make whole" remedy, including but not limited to, imediate reinstatement to his previous position, back wages and front pay with interest, compensatory damages for pain and suffering, and a posting requirement to offset any
" chilling effect" Petitioner's discharge may have had upon other employees at the Turkey Point and St. Lucie Stations.
On March 13, 1994, Petitioner supplemented the Petition, reiterating the three requests noted in the preceding paragraph and providing additional information.
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iq On April 7, 1994, Petitioner supplemented the Petition providing a h
chronology of events that relate to his request for action against FP&L.
is Petitioner also described what Petitioner believes should be the content of i
the amicus curiae brief to DOL, including the fact that a licensee employee 1
can go directly to NRC with safety concerns, that NRC instructed Petitioner not to divulge his safety concerns to FP&L, that Petitioner's conduct should
!t not be considered insubordinate, and that FP&L engaged in illegal conduct when its Vice President interrogated Petitioner about his safety concerns.
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On June 7, 1994, the Petitioner submitted an additional request pursuant l
to 10 CFR 2.206 which has been incorporated into the above-mentioned request.
i The June 7 Petition requested: (1) enforcement action against specific FP&L i
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employees, (2) an NRC investigation into the involvement of FP&L employees in the discrimination against the Petitioner with the results of this i
investigation being forwarded to the Department of Justice, and (3) an investigation into whether the work climate at Turkey Point and St. Lucie i
l' nuclear stations makes employees feel free to go to their management and/or
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the NRC with safety concerns. This' June 7 Petition was supplemented on June l-28 and 30, 1994.
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Based on a review of Petitioner's requests and supplemental submissions, the Licensee's response dated May 20, 1994, and the June 3, 1994 decision by the Secretary of Labor on complaints filed by the Petitioner in these cases, j
the Director, Office of Enforcement, has denied this Petition. The reasons for the denial are explained in the " Director's Decision under 10 CFR 2.206" (00-95-07) which is available for public inspection in the Commission's Public
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Document Room at 2120 L Street, NW, Washington, D.C. 20555.
i A copy of this Decision will be filed with the Secretary for the Commission's review in accordance with 10 CFR 2.206. As provided by this regulation, the Decision will constitute the final action of the Commission 25 days after the date of issuance of the Decision unless the Commission on its own motion institutes a review of the Decision within that time.
FOR THE NUCLEAR REGULATORY COMMISSION W
James Lieberman, Director JfficeofEnforcement Dated at Rockville, Maryland this ((jfday of May 1995 O
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Michael T. Lesar.
DISinlBUTION:
JLieberman, OE 1
JRGray, OE 1
J DRosano, OE l,
Day File 2.206 Files (ED0 9836, EDO 10146) i O,
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