ML20202E455

Responds to ,Requesting Reconsideration of Decision Not to Release,Prior to Predecisional EC Scheduled for 980226,repts of Investigation Conducted by NRC OI

ML20202E455
Person / Time
Site:	South Texas
Issue date:	02/09/1998
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Cottle W HOUSTON LIGHTING & POWER CO.
References
EA-97-341, NUDOCS 9802180153
Download: ML20202E455 (6)

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UNITED STATES NUCLEAR REGULATORY COMMISSION a

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611 RYAN PLAZA DRIVE, suite 400 D

,o ARLINGTON TEXAS 76011-8064 February 9, 1998 EA 97-341 William T. Cottle, President and Chief Executive Officer STP Nuclear Operating Company P.O. Box 289 Wadsworth, Texas 77483 l

Dear Mr. Cottle; 1

This is in response to your letter dated January 19,1998, in which you request reconsideration of our decision not to release, prior to the predecisional enforcement conference scheduled for February 26,1998, reports of the investigation conducted by the NRC Office of investigations (01). The predecisional enforcement conference was requested by the NRC to discuss an apparent violation of 10 CFR S 50.7, " Employee Protection" by STP Nuclear Operating Company. Your request for release of the Ol reports prior to the February 26,- 1998, predecisional enforcement conference is denied, as explained below.

As the basis for this request, your letter states that the NRC staff may not have provided all the facts that the NRC might consider in making a decision whether to take enforcement action for the apparent violation, and thus that STP will not have a fair opportunity to present its view of the facts and issues before the NRC makes an enforcement decision: Additionally, your letter disputes that a connection can be inferred between the protected activities and adverse actions identified in my letter of January 8,1998. Your letter also states that the predecisional enforcement conference could lead to individual enforcement action against the Manager of Design Engineering and resultant damage to the reputation of that individual.

As stated in my letter of January 8,1998, and as your letter acknowledges, one of the purposes of the conference is to obtain the STP Nuclear Operating Company's view of the facts. To that end, my letter of January 8,1998, identified the protected activities and adverse actions which gave rise to the apparent violation, making clear the matters which the staff intends the licensee to address. My letter, combined with the information that you have gathered through your own investigation and through involvement in preparations for a hearing before the United States Department of Labor on the complaints of four individuals, provides the STP Nuclear Operating Company with the opportunity to meaningfully prepare for the predecisional enforcement conference

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Your letter states the concern that you were not provided all of the facts that the NRC will

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consider in making its decision, and cites the introductory phrases "among other things" and

" including" in listing protected activities and adverse actions as suggesting that the lists are illustrative and not complete. While we recognize that these phrases are subject to different interpretations, the January 8,1998 letter is all inclusive. While it is true, as you state in your January 19 letter, that Mr. Lieberman raised the issue of the psychologist's involvement, you 9902180153 900209 l.h..***

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South Texas Project Nuclear Operating Co. :

information, but rather that it is an indication that you recognized there was a problem in the organization.

We appreciate your position that the NRC's January _8 letter did not draw the connection i

between the protected activities and the adverse actions However, the conference is your opportunity to provide us with information that such actions were legitimate and not based on protected activity. You will have the opportunity to present not only your view of the facts, but your view as to whether the facts warrant enforcement action on the apparent violation. Based on information obtained from 01, we will question your position at the conference To the extent that particular facts or perceptions are important to the NRC staff's judgement that there has been an apparent violation, we are confiJent that the dialogue made possible by the predecisional enforcement conference will afford STP the opportunity to address those facts and perceptions. 'If you conclude that th:, conference did not provide you the opportunity to sufficiently address a matter, as with any conference, you may supplement your position in a letter following the conference. With regard to the concern you expressed about fairness with respect to particular employees, if the NRC were to determine that enforcement action against any individual (s) may be warranted, the NRC would invite the individual (s) to a separate i

predecisional enforcement conference to discuss any apparent violation (s) by the individual (s) prior to making a decision to take enforcement action.

An agenda for the conference is being developed and will be provided to you as soon as possible. As you know, the individuals who filed complaints with the Department of Labor will be given an opportunity to make statements following the company's presentation. We are in the i

process of working out the arrangements for their involvement, but it does appear that these individuals and their attorneys will be participating either in person or by telephone.

Your letter siso requests that we consider it an appeal of the NRC's denial of your request for the 01 reports which STP made under the Freedom of Information Act (FOIA). We have provided the NRC's FOIA branch a copy of your letter and they will respond separately.

Please contact Gary Sanborn, the region's Enforcement Officer, at (817)860-8222 should you have any further que ;tions about this matter or the arrangements for the conference.

In accordance with 10 CFR S 2.790 of the NRC's " Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room.

Sincerely.

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Ellis W. Merscho Regional Admin' rator Docket Nos. 50-498;50-499 License Nos. NPF-76; NPF-80 cc: (next page)

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6 South Texas Project Nuclear Operating Co.

3-Lawrence E. Martin, Vice President Nuclear Assurance & Licensing STP Nuclear Operating Company -

P.O. Box 289 Wadsworth, Texas 77483 Mr. J. C. Lanier/Mr. A. Ramirez -

City of Austin Electric Utility Department-

-721 Barton Springs Road Austin, Texas 78704 Mr. K. 'J. Fiedler/Mr. M. T. Hardt City Pubiic Service Board P.O. Box 1771 San Antonio, Texas 78296 C. R, Crisp /R. L. Balcom Houston Lighting & Power Company P.O. Box 1700 -

Houston, Texas 77251 -

Jon C. Wood Matthews & Branscomb One Alamo Center 106 S. St. Mary's Street, Suite 700 San Antonio, Texas 78205-3692 Jack R. Newman, Esq.

Morgan, Lewis & Bockius 1800 M. Street, N.W.

Washington, D.C; 20036-5869-Mr. G. E Vaughn/Mr. C. A. Johnson Central Power & Light Company P.O. Box 289 Mail Code: N5012 Wadsworth, Texas 77483 INPO Records Center

- 700 Galleria Parkway Atlanta, Georgia 30339-5957

I South Texas Project Nuclear Operating Co. Bureau of Radiation Control State of Texas 1100 West 49th Street Austin, Texas 78756 Mr. Glenn W. Dishong Texas Public Utility Commission 7800 Shoal Creek Blvd.-

Suite 400N Austin, Texas 78757-1024 John Howard, Director Environmental and Natural Resources Policy Office of the Governor P.O. Box 1242B Austin, Texa.s 78711 Judge, Matagorda County Matagorda County Courthouse 1700 Seven h Street Bay City, Texas 77414 Licensing Representative Houston Lighting & Power Company Suite 610 Three Metro Center Bethesda, Maryland 20814 Jeffrey P, Carbone

-1315 Berrytree Drive Sugarland, Texas 77479 Gary W. Hales

1. 10 Chaparral Bay City, Texas 77414 S. Parthasarathy 614 Thatway Lake Jackson, Texas 77566-6011 Michael D. Sulouff 131 Poinciana Lake Jackson, Texas 77566-6011 l

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South Texas Proje_ct Nuclear Operating Co.

5 Rodney Wiseman,- Esq.

Wommack, Denman & Moore, P.C.

Post Office Drawer 828 Lake Jackson, Texas 77566 David K. Colapinto, Esq.

' Kohn, Kohn and Colapinto, P.C.

3233 P. St. NW

= Washington, D.C. 20007-2756

Randy T. Leavitt, Esq.

' Michael L. Burnett, Esq.

Minton, Burton, Foster & Collins 1100 Guadalupe Street Austin, Texas 78701 Jerry Foster:

Occupational Safety and Health Administration 525 Griffin Street, Room 602 Dallas, Texas 75202 5024

South Texas Project Nuclear Operating Co. s/

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