ML20205R117
| ML20205R117 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/20/1999 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Lochbaum D UNION OF CONCERNED SCIENTISTS |
| Shared Package | |
| ML20205R119 | List: |
| References | |
| 2.206, EA-98-165, NUDOCS 9904220181 | |
| Download: ML20205R117 (3) | |
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UNITED STATES
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j NUCLEAR REGULATORY COMMISSION o
2 WASHINC. TON, D.C. 2066H001
- * * * *,o April 20, 1999 Mr. David A. Lwhbaum Union of Concerned Scientists 1616 P Street, NW, Suite 310 Washington, DC 20036 1495
Dear Mr. Lochbaum:
I have received your letter requesting action under 10 CFR 2.206, which you sent to Dr. William Travers, Executive Director for Operations, U.S. Nuclear Regulatory Commission (NRC) on March 31,1999. In your letter, you requested three specific actions: (1) you requested that the NRC take enforcement action against the ind.'viduals alleged to have unlawfully discriminated agair,st a contract electrician in violation of 10 CFR 50.7, as identified in NRC Office of Investigation (01) Report 1-1998-00.5; (2) you requested that the NhC take enforcement action against the individuals alleged to have creation a false record in violation of 10 CFR 50.9, as identified in 01 Report 1-1998-005; and (3) you requested that you be granted permission to attend an upcoming predecisional enforcement conference between the NRC and the licensee on these matters.
Regarding items one and two above, you specifically requested that the NRC ban these individuals from participating in licensed activities for a period of at least five-years if the findings in 01 Report 1-1998-005 are valid. Your requests for enforcement actions, numbers one and two above, are being treated as proper requests for action under 10 CFR 2.206.
Your request to attend an upcoming predecisional enforcement conference with the licensee, however, is not considered to be a proper request for action under 10 CFR 2.206. As to this request, you stated in your letter that you seek to attend the upcoming predecisional enforcement conference with the licensee because it deals with issues directly relevant to your requests for enforcement action and that you would sign a non-disclosure agreement to guarantee the privacy of the electdcian. This request, however, is not considered to be a
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proper request for action, and it is denied. As stated in Section V of the Commission's " General Statement of Policy and Procedures for NRC Enforcement Actions"(E nforcement Policy),
predecisional enforcement conferences are a meeting between the NRC staff and the license As stated in the Enforcement Policy, these meetings will emally be closed to public observation when the enforcen:ent action being contemplated by the NRC statt is based on the'
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findings of an 01 investigation repor1 that has not t,een publically disclosed or when the enforcement action being contempla~ ed may be taken against an individual. In the staff's view, t
a closed conference will be more effective in achieving the purpose of the conference. The fact that a 2.206 petition has been filed does not provide a basis for permitting public observation.
However, the contract electrician may attend the conference in accordance with the Enforcement Policy. In addition, a transcript will be kept of the meeting.
It is my understanding, based on your April 15,1999 conversation with Mr. Virgil Beaston of my staff, that you do not have any information regarding the apparent violations other than that information which was provided to the licensee in the NRC's March 16,1999 letter requesting the licensee to attend a predecisional enforcement conference. Therefore, I find no reason in 99042.20181 990420 PDR ADOCK 05000443 H
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David A. Lochbaum 2-i this case to make an exception to the Commission's stated policy of keeping these types of meetings closed to public observation. If you should obtain information relevant to this matter which you want the NRC staff to consider in making its final enforcement decision, you should provide it to me in writing as soon as possible. The NRC staff will consider any relevant l
Information you provide to me if it is received before a final enforcement decision has been i
.. lade.
As provided by Section 2.206, action will be taken on your requests, one and two above, within l
a reasonable time. Your request to attend an upcoming predecisional enforcement conference with the licensee, however, is denied. I have enclosed for your information a copy of the notice l
i that is being filed with the Office of the Federal Register for publication and a letter regarding this matter which the NRC staff sent to the licensee on April 8,1999, If you have any questions concerning this letter, please contact Mr. Beaston at (301) 415-2989.
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Sincerely,
'g M.
James Lieberman, Directo' Office of Enforcement
Enclosures:
FederalRegister Notice Letter to Mr. Feigenbaum cc: Licensee (w/ copy of incoming 2.206 request) & Service List
1 l
David A. Lochbaum this case to make an exception to the Commission's stated policy of keeping these types of meetings closed to public observation. If you should obtain information relevant to this matter which you want the NRC staff to consider in making its final enforcement decision, you should provide it to me in writing as soon as possible. The NRC staff will consider any relevant information you provide to me if it is received before a final enforcement decision has been made.
As provided by Section 2.206, action will b<a taken on your requests, one and two above, within a reasonable time. Your request to attend an upcoming predecisional enforcement conference with the licensee, however, is denied. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication and a letter regarding this matter which the NRC staff sent to the licensee on April 8,1999.
If you have any questions concerning this letter, please contact Mr. Beaston at (301) 415-2989.
Sincerely, James Lieberman, Director Office of Enforcement
Enclosures:
FederalRegister Notice Letter to Mr. Feigenbaum cc: Licensee (w/ copy of incoming 2.206 request) & Service List DOCUMENT NAME: G:\\Lochbaum.206 To receive a copy of this document. Indicate in the box: "C" = Copy withokt e losures "E" = Copy with enclosures "N" = No copy OFFICE OE
.6 DD:15tE D:O R NAME VBeaston WD RWBohhardt JLfqbgltman DATE 4/19 /99 4/
/99\\
4/19 /99
- Ses previous concurrence OFFICIAL RE' CORD COPY EDO #G19990173 Acknowledgment Letter dated:
DISTRIBUTION:
Docket File (50-443)
EDO#G19990173 OPA PUBLIC (w/ incoming letter)
OCA J. Lieberman D. Dambly, OGC S. Collins /R. Zimmerman A. R. Blough, RI B. Sheron W. Travers J. Zwolinski M. Knapp V. Beaston F. Miraglia J. Clifford G. Caputo T. Clark J. Harrison S. Burns H. Mil,'er, Rt Ram Sabbaratnam (e-mail only RXS2)
W.Kee EA 98-165