ML20205M210

Confirms That Counsel for SWEC Sent OE Copy of Decision Issued by Us Court of Appeals for Eleventh Circuit Upholding Secretary of Labor Decision.Understands That SWEC Decided to Petition Court for Rehearing

ML20205M210
Person / Time
Site:	Browns Ferry
Issue date:	08/08/1997
From:	Burzynski M TENNESSEE VALLEY AUTHORITY
To:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
Shared Package
ML20205M044	List: ML20205M043 ML20205M071 ML20205M079 ML20205M101 ML20205M119 ML20205M126 ML20205M147 ML20205M151 ML20205M161 ML20205M163 ML20205M170 ML20205M175 ML20205M182 ML20205M193 ML20205M199 ML20205M210 ML20205M221 ML20205M234 ML20205M322 ML20205M333
References
FOIA-99-76 EA-95-220, NUDOCS 9904150179
Download: ML20205M210 (2)

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RA Temessee Valley Authonty.1101 Market Street. Chattanooga. Temessee 37402 2801 August 6, 1997 Mr. James Lieberman Director, Office of Enforcement U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738

Dear Mr. Lieberman:

In the Matter of ) Docket Nos. 50-259 Tennessee Valley Authority ) 50-260 50-296 BROWNS FERRY NUCLEAR PLANT - ENFORCEMENT ACTION 95-220 This letter is pursuant to your letter to Oliver D.

Kingsley, Jr., dated April 4, 1996, in which the NRC agreed it would be appropriate for TVA to defer payment of the proposed civil per.Olty in the U.S. Departmer.t of Labor case involving Dougins Harrison pending the outcome of an appeal of that case. On July 2, 1997, the U.S. Court of Appeals

- for the Eleventh Circuit issued a decision upholding the Secretary of Labor's decision. We understand that counsel for Stone & Webster Engineering Corporation has sent you a copy of the decision.

We also understand that Stone & Webster has decided to petition the court for rehearing with a suggestion for a rehearing en banc and will make an appropriate filing within the 45-day period permitted by the court. As in the past, Stone & Webster will provide you with a copy of all filings and keep you informed of any results. Also, in accordance with your letter of April 4, 1996, TVA will continue to defer payment of the proposed civil penalty until 30 days after a final judicial ruling is rendered in the Harrison case.

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's Mr. James Lieberman Page 2 August 6, 1997 If you have any questions, please telephone me at (423) 751-2508.

Sincere y, l

Mark J. Burzynski Manager Nuclear Licensing cc: U.Sv Nuclear Regulatory Commission A  : Document Control Desk W shington, D.C. 20555-0001 Mr. J. F. Williams, Project Manager U.S. Nuclear Regulatory Commission One White Flint, North 11555 Rockville Pike Rockville, Maryland 20852-2739 Mr. Luis Reyes, Regional Administrator U.S. Nuclear Regulatory Commission Regiod LI Atlaul.s Feder>L Center 61 Forsyth Street, SW, Suite 23T85 Atlanta, Georgia 30303 NRC Senior Resident Inspector Browns Ferry Nuclear Plant 10833 Shaw Road Athens, Alabama 35611