ML20211P527
| ML20211P527 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 06/29/1999 |
| From: | Wetterhahn M NIAGARA MOHAWK POWER CORP., WINSTON & STRAWN |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20211P519 | List: |
| References | |
| 2.206, TAC-MA5378, TAC-MA5379, NUDOCS 9909140029 | |
| Download: ML20211P527 (2) | |
Text
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y-WINSTON & STRAWN 35 WEST WACKER DRIVE 1400 L STAEET. N W
- 6. RUE DU CIRQUE t CHICAGO. ILLINoS 60601-9703.
WASHINGTON. DC.20005-3502 75008 PARIS. FRANCE 200 PARK AVENUE (202) 371-5700
- 43. RUE DU RMONE NEW YORK. NY 10166-4193 1204 GENEVA. SWITZERLAND FACSIMILE (202) 371-5950 MARK J WETTERHAHN (2c2) 3715703 m n.,nowinmon.com June 29,1999 U.S. Nuclear Regulatory Commission
- Attn: Document Contml Desk Washington, D.C. 20555-
Subject:
Request for Comments on 10 C.F.R. Q 2.206 Petition, Nine Mile Point Nuclear Station. Unit Nos. I and 2 (TAC Nos. MA5378 and MA5379)
Gentlemen:
This letter, with the enclosed response, is being submitted on behalf of Niagara Mohawk Power Corporation ("NMPC") in response to a May 10,1999 letter from the U.S.
Nuclear Regulatory Commission ("NRC") which requested written comments addressing a petition (" Petition") dated April 5,1999, submitted by Mr. Robert Norway as it related to his expressed concerns that involve NMPC activities. For the reasons contained herein, none of the relief requested in the Petition is warranted.
The Petition requested that the NRC take enforcement action against NMPC and its senior nuclear and corporate management and, as a minimum, against three individuals. The Petition alleged that these parties submitted an altered 1994 employee record to the NRC, presented a false ^ written record of a Department of Labor's Administrative Law Judge's determination, and placed confidential employee information into the gu'olic record. The Petition alleged an additional act of discrimination, namely destroying Petitioner's credibility and reputation in the nuclear industry. Petitioner also requested that the NRC forward these issues to the Department of Justice for consideration of criminal pmsecution.
It addition to these requests for enforcement action, Mr. Norway requested that a number of other actions be implemented. The requested actions indude the following: (1) the performance of an ind:: pent'ca; review of all NMPC's docketed files associated with the individuals who committed the alleged fraud; (2) the establishment of an independent oversight group to provide oversight of the NMPC Human Resources Department and Employee Concerns Program; (3) the holding of a public meeting to obtain public comments pertaining to a number WITHHOLD FROM PUBLIC DISCLOSURE PURSUANT TO 10 C.F.R. f 2.790 9909140029 990826 PDR ADOCK 05000220 0
Ic..WINSTON & STRAWN
.U.S. Nuclear Regulatory Commission :
' June 29,1999
- Page 2 i
ofissues, including discrimination, and the placement of fraudulent documentation ints public
- records; and.(4) the public posting of NMPC's Residual Heat Removal Altemate Shutdown i
Cooling Safety Evaluation %-091 to make it available for public comment, or the imposition of-
- a requirement for NMPC to redo the safety evaluation.
'In summary, none of the requested relief is warranted. In all instances, NMPC and its employees, including the three named individuals, acted properly and a.ppropriately. The
~information presented at the enforcement conference was not fraudulent. It was integral to :
- NMPC's position and material to the NRC's determination. The' context lof the challenged -
documents was clearly and carefully presented by NMPC personnel.' The document provided to the NRC during the enforcement conference was part of the record of the related Department of Labor proceeding. NMPC believes that the NRC's release of the information in a redacted form was. proper; Mr. Norway's name had been deleted from his assessment form. No act of
' discrimination resulted from these events. The named individuals neither violated any NRC-regulations" nor acted in' any way inappropriately, and no individual enforcement action is
. warranted. Neither has Petitioner demonstrated any need for refenal of this matter to the Department of Justice nor for any.of the other relief sought.
On behalf of NMPC, it is respectfully requested that, pursuant to 10 C.F.R.
' 2.790(a)(6), this response be withheld from public disclosure as constituting an unwarranted invasion of personal privacy. NMPC has executed a settlement agreement with Mr. Norway
. which prevents public airing' of the issues underlying the DOL case that was settled and wishes to avoid a further round of accusations by Mr. Norway that yet another violation of 10 C.F.R. Q
- 50.7 has occurred as a result of this submittal.
If you have any further questions or require further information, please contact me.
Sincerely, Mark J. W Counsel for Niagara Mohawk P6wer Corporation N*sdd Enclosure L
WITHHOLD FROM PUBLIC DISCLOSURE L
PURSUANT TO 10 C.F.R. g 2.790
,