ML20203K564

Ack Receipt of to President Ofc of Professional Responsibility,Which Requested Investigation of Nrc.Staff Inappropriately Released Info to Licensee That Could Have Resulted in Identifying Individual Referred to in Ltr

ML20203K564
Person / Time
Site:	Saint Lucie
Issue date:	02/23/1998
From:	Baker E NRC
To:	Saporito T SAPORITO, T.J.
References
NUDOCS 9803050140
Download: ML20203K564 (8)

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NUCLEAR REGULATORY COMMISSION 4

WASHINGTON, D.C. 30 214 001 4,**.++

February 23, 1913 Mr. Thomas J. Saporito. Jr.

Executive Director National Litigation Consultants 6230 Indiantown Road No. 7 355 Jupiter, FL 33458

SUBJECT:

REQUEST FOR INVESTIGATION OF THE U.S. NUCLEAR REGULATORY COMMISSION (NRC)

Dear Mr. Saporito:

This letter acknowledges our receipt of a copy of your February 9.1998, letter to the President's Office of Professional Responsibility in which you requested an investigation of the NRC. The NRC takes its responsibility of protecting, to the extent possible. 'the identity of individuals who raise safety concerns to us very seriously, in this regard, following notification of the error by the staff, the Office of the Inspector General has initiated an inquiry into the staff's handling of the responses to the Freedom of Information Act (F0IA) requests.

in addition an independent Task Force was chartered by the Executive Director for Operations to review not only the circumstances surrounding the aforementioned events but the NRC's overall process for handling FOIA requests related to allegation materials.

We are responding at this time because the description of the released information provided in your letter is not an accurate reflection of the information released or the parties that received the information.

You indicated that the basis for the request was information you received from an employee of Florida Power & Light Company's (FPL) St. Lucie Plant indicating that NRC had publicly released information that the employee provided related to safety concerns at the )lant.

S)ecifically you stated that the St. Lucie employee had advised you tlat: (1) 4RC released confidential safety concerns to the newspaper which identified the employee by name as the source of the safety concerns: and (2) FPL notified the NRC that the employee's concerns were found in the local Public Document Room (PDR) bearing the employee's name.

With regard to the inappropriate release of information described in your February 9.1998, letter, on February 6.1998. Anne Boland. Director.

'7'Pd Enforcement and Investigations Coordination Staff. Region II. notified the St. Lucie employee you reference of a potential compromise of his identity during the processing of two FOIA requests from the Port St. Lucie News. To clarify the record regarding your characterization of this issue, the employee was advised of the following:

In processing the first of these F01A requests, the NRC provided to the newspaper information which included a brief description of the

'9b)l1demployee'sallegationstotheNRC. Although the information did not include this e,1ployee's name, it was subsequently determined that a knowledgeable individual at the St. Lucie site could possibly determine

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his identity from the s)ecifics of the allegation information provided.

j information from this F0lA request was picced in the PDR the local PDR, and we subsequently learned that the licensee had obtained a copy of the i

document.

i-In processing the second F0IA request, the NRC released information i

regarding the employee's allegations, and his name was inadvertently included in an index of documents which was provided to the newspaper.

Information from this F01A request was placed in the POR in Washington, 1

4 D.C. for a brief period of time: however, it was never placed in the local PDR-in the St. Lucie area, and the licensee told the staff that j

they did not receive a copy of information bearing the employee's name.

As indicated above, based on our understanding'of the information, the document specifically identifying the employee s name was not placed in the -

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_ local PDR nor was it in the possession of FPL.

To our knowledge, the newspaper was the only possessor of the document with the employee's name, and they indicated that it was not their intent to expose any individuals.

Following the paper's initial review of the material, the reporter informed the staff that he either did not receive the appendix that included the alleger's name or he did not keep it.

At this time, all of the information from both F0IA requests has been removed from the PDR and the local PDR.

In addition, as of February 13. 1998. FPL had i

returned the documentation that was inappropriately released under the first F0IA request to the NRC. The newspaper also indicated that they will return the pages that contain the inappropriately released material, 4

i in summary, the staff inappropriately released information to the licensee that could have resulted in identifying the individual referred to in your letter.

liowever, the licensee stated they did not receive the document that responded to the second FOIA request that included the individual's name.

Nevertheless, in your February 9,1998 letter, that you indicated was provided to FPL. the individual was identified by name.

If you have any questions regarding the NRC's actions with respect to these issues, you may contact me at 301-415-8529.

Sincerely.

Edward T.

Baker Agency Allegation Advisor 9

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bec: Mr. Larry Heigel 625 32 Avenue. SW Vero Beach. FL 32968 f

DISTRIBUTION:

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OFFICIAL RECORD COPY

IRPRff Fax 40456249%

Feb 12 '98 15:28 P.01/04 National Litigation Consuitants wa r was.w e sg.cw.=

6230 W. Indantown Rd., a 7 355. Jupl?er, FL 33456 Voice: (661) 6221667 FAX: (561) 744 6615 Intemet Emalt sapontogmailexcite.com

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February 09,1998 Hon. William Jefferson Clinton President of the United States President's OfBee of Professional Responsibility 1600 Pennsylvania Ave., NW Washingtor D.C. 20500 s

RE:

Request for Investigation of the U.S. Nuclear Regulatory Commission The undersigned and National Litigation Consultants ("NLC"), (hereinafter "Petitieners"),

hereby respectfully request that the President's OfBce of Professional Responsibility initiate actions to cause an investigation of the U.S. Nuclear Regulatory Commission ("NRC") for an apparent breach of conduct and failure to comply with federal regulations under Title 10 of the Code of Federal Regulations and other federal regulations and requirements mandatad by the United States Congress for the proper regulation of commercial nuclear power generation stations in the United States of America.

BASIM AND JUSTIFICATION FOR REOUEST Oa February 06,1998, the undersigned was contacted by telephone by hir. Lany Hieg an employee at the St. Lucie Nuclear Power Station owned and operated by the Florida Power &

Light Company ("FPL") with corporate offices located at 700 Universe Boulevard, Juno Beach, Florida 33408. Mr. Hiegel stated that Ms. Ann Boland, the NRC's Director of Allegations for

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Region II in Atlanta, Georgia contacted him ar approxunately 6:00 p.m. on February 06,1998 and informed him of the following:

(1) that a representative of the Port St. Lucie Newspaper had filed a Freedom of Information Act ("FOIA") requestmg certain information and that the NRC released CONFIDENTIAL ufety concerns to the newspaper which identiSed Mr. Hiegel by name as the source of the safety concerns which had been provided to the NRC about operations at the FPL St. Lucie Nuclear Station; and l4N>

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Feb 13 '98 15:40 P.02/04 4

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found at the local Public Document Room ("PDR") bearing Mr. Hiegel's name.

Mr. Hiegel is seriously concerned that his future emplo;. ment at FPL may now be in j

jeopardy due to the NRC's improper conduct in releasing his identity and his CONFIDENTIAL j

communications " safety concerns" that he gave in taast to the Sovernment. Indeed, the U.S.

l Department of Labor (" DOL") has found FPL to have illegally violated the law under 42 U.S.C.

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$851 with respect to other employees who have raised safety conewt s to the NRC in the past about operations at FPL's nuclear stations.

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Clearly, the statutory and regulatory scheme enacted by Congress was meant to protect the public from the hazards of nuclear contammation and radiation by protecting employees, like l

Mr. Hiegel, from retaliation for raising safety concerns to the NRC. Moreover, NRC regulations expressly provide that employees and the NRC may communicate privately without interference.

Sas, c.g,10 C.F.R. Part 19.15 which states, in part, relevant hereto that:

i (a) Commission inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of Commission regulations and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

(b)

During the course of an inspection any worker may bring private to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to 1

believe may have contributed to or caused any violation of the act, the regulations in this chapter, orlicense condition...

4-Furthutnore, NRC Form 3 informs employees that they may contact the NRC directly without first reporting safety concems to their employers. Sam alsa 10 C.F.R.19.12 (c). The NRC recognizes that anployees have a right to communicate directly with the government as i

follows:

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i (i)

Providing the Commission information about possible violations of requirements imposed under (the Energy Reorganization Act " ERA" or the Atomic Energy Act);

I (ii)'

Requestag the Commission to institute actica against his or her employer for the administration or enforcement of these requirementt; t

(iii)

Testifying in any Commission proceeding.

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Sas,10 C.F.R. 50.7 (a); and 55 Fed. Reg. 10397.10402, " Preserving the Flow ofInformation to the Commisalon"(March 21,1990).

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DRPRII Fax:4045624996 Feb 12 '98 15:41 P.03/04 Thus, in order to insure that public health and safety is protected fiorn the adverse affects of an accident caused at a commercial nuclear power station, the President's Otlice of Professional Responsibility is compelled to investigate the NRC with respect to the circumstances surrounding this incident resulting in the improper release of Mr. Ifiegel's identity and safety concerns by the government.

b6 Moreover, the government should initiate actions to insure that the NRC's misconduct has

[MIA not mstilled a " chilling effect" at FPL's nuclear stations dissuadmg other mployees from CONFIDENTIALLY raising safety concerns to the NRC. Finally, the govermnent should put the /

licensee FPL on notice that no adverse employment actions are to be taken against Mr. Hiegel for his engagement in protected actisities at the St. Lucie nuclear station and that the NRC 1

encourages employees, like Mr. Hiegel, to CONFIDENTIALLY communicate safety concerns to the govemment for resolution.

Petitioners hereby request the aforementioned actions be taken under 10 C.F.R. 2.206 and all other relevant and applicable government regulations and laws available under United States Code. Finally, Petitioners request that a public hearing be held at or near the St. Lucie Nuclear Powet Station to allow participation by Petitioners and the public to learn the facts in this matter before the NRC's Atomic Safety and Licensing Board; and that the government conduct NRC Senate Oversight Committee hearings seeking attendance and input from the NRC's Commissioner, the Hon. Shirley Jackson, and grant Petitioners leave to intervene in such matters on behalf of the public's interest.

Respectfully submitted, h L&ff-D m

Thomas J. SaporiffJr. F Executrve Director National Litigation Consultants cc:

Hon. Bob Graham Director, Office ofEnforcement Umted States Senator U.S. Nuclear Regulatory Commission Umted States Senate Washington, D C. 20555 Washington, D.C. 20510-0903 Hon. Shirley Jackson Administrator NRC Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Conunission Atlanta Federal Center Washington, D.C. 20555 61 Forsyth St., SW, Suite 23T85 Atlanta, GA 30303 (3)

ifeRII Fax!4045024996 Fcb 12 '98 15:42 P.04/04 Robert Uryc, Director Mr. Larry Hiegel Office of Enforcement 625 32nd Avenue, SW U.S. Nuclear Regulatory Corrainion Vero Beach, FL 32968 U.S. Nuclear Regulatory Commission

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61 Forsyth St., SW, Suite 23T85 Mr. James Scarola Atlanta, OA 30303 Plant Manager St. Lucie Nuclear Station l

Carolyn Evans, Esq.

700 Universe Blvd.

l General Counsel Juno Beach, FL 33408 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissian.

Mr. Andy Pawley l

61 Forsyth St., SW, Suite 23T85 Supervisor Atlanta, GA 30303 St. Lucie Nuclear Station 700 Universe Blvd.

Mr. James Broadhead Juno Beach, FL 33408 ChiefExecutive OfBcer i

Florida Power & Light Company Office of the Inspector General 700 Universe Blvd.

U.S. Nuclear Regulatory Commission Juno Beach, FL 33408 Washington, D.C. 20555 David K. Colapinto, Esq.

Billie Pirner Garde, Esq.

Kohn, Kohn & Colapinto Clifford, Lyons & Garde 3233 P Street,NW 1620 L Street, NW, Suite 625 Washington, D.C. 20007 Washington, D.C. 20036 5631 1

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