Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of OrderML20248K505 |
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South Texas ![STP Nuclear Operating Company icon.png](/w/images/9/9c/STP_Nuclear_Operating_Company_icon.png) |
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Issue date: |
06/09/1998 |
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From: |
Thadani A NRC |
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ML20248K491 |
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References |
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EA-97-341, NUDOCS 9806100150 |
Download: ML20248K505 (9) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20206H2221999-05-0404 May 1999 Exemption from Requirements of 10CFR50.60 That Would Allow STP Nuclear Operating Co to Apply ASME Code Case N-514 for Determining Plant Cold Overpressurization Mitigation Sys Pressure Setpoint.Commission Grants Exemption ML20195C7541998-11-0505 November 1998 Order Approving Application Re Proposed Corporate Merger of Central & South West Corp & American Electric Power Co,Inc.Commission Approves Application Re Merger Agreement Between Csw & Aep ML20155H5511998-11-0202 November 1998 Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submission of Revs to UFSAR ML20248K5051998-06-0909 June 1998 Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of Order NOC-AE-000109, Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI1998-03-30030 March 1998 Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI ML20137U3531997-04-0808 April 1997 Order Approving Application Re Formation of Operating Company & Transfer of Operating Authority ML20116B8871996-07-19019 July 1996 Transcript of 960719 Predecisional Enforcement Conference Re Apparent Violations of NRC Requirements at Plant TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20072P5441994-07-13013 July 1994 Testimony of Rl Stright Re Results of Liberty Consulting Groups Independent Review of Prudence of Mgt of STP ML20092C3911993-11-15015 November 1993 Partially Deleted Response of Rl Balcom to Demand for Info ML20092C4031993-11-15015 November 1993 Partially Deleted Response of Hl&P to Demand for Info ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20044D3311993-05-0404 May 1993 Comment Supporting Proposed Generic Communication Re Mod of TS Administrative Control Requirements for Emergency & Security Plans ST-HL-AE-4162, Comment Supporting Proposed Rules 10CFR20 & 50 Re Reducing Regulatory Burden on Nuclear Licenses1992-07-22022 July 1992 Comment Supporting Proposed Rules 10CFR20 & 50 Re Reducing Regulatory Burden on Nuclear Licenses ST-HL-AE-4146, Comment Supporting Draft Reg Guide DG-1021, Selection, Design,Qualification,Testing & Reliability of EDG Units Used as Class 1E Onsite Electric Power Sys at Nuclear Power Plants1992-07-0606 July 1992 Comment Supporting Draft Reg Guide DG-1021, Selection, Design,Qualification,Testing & Reliability of EDG Units Used as Class 1E Onsite Electric Power Sys at Nuclear Power Plants ST-HL-AE-4145, Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Supports Rule1992-07-0606 July 1992 Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Supports Rule ML20101K1131992-06-29029 June 1992 Motion for Leave to Suppl Motion to Modify or Quash Subpoenas & Supplemental Info.* OI Policy Unfair & Violative of Subpoenaed Individuals Statutory Rights & Goes Beyond Investigatory Authority.W/Certificate of Svc ML20101G2041992-06-18018 June 1992 Motion to Modify or Quash Subpoenas.* Requests Mod of Subpoenas Due to Manner in Which Ofc of Investigations Seeks to Enforce Is Unreasonable & Fails to Protect Statutory Rights of Subpoenaed Individuals.W/Certificate of Svc ML20087L3301992-04-0202 April 1992 Affidavit of RW Cink Re Speakout Program ML20087L3491992-04-0202 April 1992 Affidavit of JW Hinson Re ATI Career Training Ctr ML20087L3651992-04-0202 April 1992 Affidavit of Rl Balcom Re Access Authorization Program ML20087L3561992-04-0202 April 1992 Affidavit of Wj Jump Re Tj Saporito 2.206 Petition ML20116F2671992-02-19019 February 1992 Requests NRC to Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility ML20094E9511992-02-10010 February 1992 Requests That NRC Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility & to Adequately Train All Util Employees in Use of Rev 3 to Work Process Program ML20066C5041990-09-24024 September 1990 Comment on Proposed Rule 10CFR26 Re NRC Fitness for Duty Program.Urges NRC Examine Rept Filed by Bay City,Tx Woman Who Was Fired from Clerical Position at Nuclear Power Plant Due to Faulty Drug Test Administered by Util ML20006A0281990-01-0808 January 1990 J Corder Response to NRC Staff Motion to Modify Subpoena & Motion for Protective Order.* Requests Protective Order Until NRC Makes Documents Available to Corder by FOIA or Directly.W/Certificate of Svc ML20005G1431989-12-11011 December 1989 Motion to Modify Subpoena & Motion for Protective Order.* Protective Order Requested on Basis That Subpoena Will Impose Undue Financial Hardship on J Corder ML20005G1451989-12-0505 December 1989 Affidavit of Financial Hardship.* Requests NRC to Provide Funds for Investigation & Correction of Errors at Plant Due to Listed Reasons,Including Corder State of Tx Unemployment Compensation Defunct ST-HL-AE-3164, Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components1989-07-0505 July 1989 Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20244C9131989-03-28028 March 1989 Transcript of 890328 Meeting in Rockville,Md Re Discussion/ Possible Vote on Full Power Ol.Pp 1-65.Supporting Documentation Encl ML20055G7801988-11-10010 November 1988 Investigative Interview of La Yandell on 881110 in Arlington,Tx.Pp 1-13.Related Info Encl ML20055G7831988-11-0909 November 1988 Investigative Interview of R Caldwell on 881109 in Arlington,Tx.Pp 1-27.Related Info Encl ML20055G7881988-11-0909 November 1988 Investigative Interview of AB Earnest on 881109 in Arlington,Tx.Pp 1-90.Related Info Encl ML20055G7151988-11-0909 November 1988 Investigative Interview of J Kelly on 881109 in Arlington, Tx.Pp 1-35.Supporting Documentation Encl ML20205T7001988-11-0101 November 1988 Comment Supporting Proposed Rule 10CFR26 Re Initiation of Fitness for Duty Program at Facility.Need for Program Based on Presumption That Nuclear Power Activities Require That Personnel Be Free from Impairment of Illegal Drugs ML20151M2071988-07-25025 July 1988 Comment Supporting Proposed Rules 10CFR170 & 171 Re Fee Schedules.Principal Objection to Rules Relates to Removal of Current Ceilings on Collection of Fees ML20196A3701988-06-17017 June 1988 Notice of Receipt of Petition for Director'S Decision Under 10CFR2.206 & Issuance of Director'S Decision Denying Petitioners Request DD-88-09, Decision DD-88-09 Denying 880317 Petition by Earth First, Gray Panthers of Austin,Lone Star Green,Public Citizen,South Texas Cancellation Campaign & Travis County Democratic Women Committee for Commission to Delay Util Licensing Vote1988-06-17017 June 1988 Decision DD-88-09 Denying 880317 Petition by Earth First, Gray Panthers of Austin,Lone Star Green,Public Citizen,South Texas Cancellation Campaign & Travis County Democratic Women Committee for Commission to Delay Util Licensing Vote ML20148K0271988-03-21021 March 1988 Transcript of 880321 Discussion/Possible Vote on Full Power License for South Texas Nuclear Project,Unit 1 (Public Meeting) in Washington,Dc.Viewgraphs Encl.Pp 1-73 ML20150D1401988-03-21021 March 1988 Appeal of Director'S Decision on Southern Texas Project.* Requests That Commission Consider Appeal & Stay Licensing Decision Until Sufficient Evidence Acquired to Support Final Decision ML20150D0411988-03-17017 March 1988 Petition Of:Earth First!,Gray Panthers of Austin,Lone Star Green,Public Citizen,South Texas Cancellation Campaign, Travis County Democratic Women'S Committee.* Withholding of Issuance of License Requested ML20196H4661988-02-29029 February 1988 Receipt of Petition for Director'S Decision Under 10CFR2.206.* Gap 880126 Petition to Delay Voting on Full Power OL for Facility Until Investigation of All Allegations Completed Being Treated,Per 10CFR2.206 ML20148Q9531988-01-26026 January 1988 Petition of Gap.* Commission Should Delay Vote on Licensing of Facility Until Thorough Investigation of All Allegations Completed & Public Rept Issued.Exhibits Encl ML20237C2751987-12-13013 December 1987 Director'S Decision 87-20 Denying Petitioners 870529 Motion That Record in Facility Licensing Hearings Be Reopened & Fuel Loading Be Suspended Pending Resolution of Issues. Petitioner Failed to Provide Any New Evidence ML20236H3751987-10-29029 October 1987 NRC Staff Consent to Motion to Quash Subpoena Filed by E Stites.* Staff Concedes Possibility of Deficiencies in Svc of Subpoena to Stites & Therefore Does Not Oppose Motion to Quash.Certificate of Svc Encl ML20236E0111987-10-23023 October 1987 Order.* Grants NRC Request for Addl Time to Respond to Motion to Quash Subpoena of E Stites,Per 871008 Order. Response Should Be Filed by 871029.Served on 871023 ML20235T3891987-10-0808 October 1987 Motion to Quash Subpoena & Motion for Protective Order.* Subpoena Issued by Rd Martin on 870922 Should Be Quashed Due to Stites Not Properly Served,Witness Fees & Transportation Costs Not Provided & Issuance in Bad Faith ML20235T4171987-10-0808 October 1987 Memorandum in Support of Motion to Quash or in Alternative in Support of Motion for Protective Order.* Martin 870922 Subpoena of Stites Invalid & Improper.Decision to Subpoena at Late Date Form of Harassment.W/Certificate of Svc ML20195D8561987-09-22022 September 1987 Subpoena Directing E Stites to Appear on 871008 in Arlington,Tx to Testify Before NRC Personnel Re Allegations Made Concerning safety-related Deficiencies &/Or Records Falsifications at Plant IA-87-745, Subpoena Directing E Stites to Appear on 871008 in Arlington,Tx to Testify Before NRC Personnel Re Allegations Made Concerning safety-related Deficiencies &/Or Records Falsifications at Plant1987-09-22022 September 1987 Subpoena Directing E Stites to Appear on 871008 in Arlington,Tx to Testify Before NRC Personnel Re Allegations Made Concerning safety-related Deficiencies &/Or Records Falsifications at Plant 1999-05-04
[Table view] Category:ORDERS
MONTHYEARML20195C7541998-11-0505 November 1998 Order Approving Application Re Proposed Corporate Merger of Central & South West Corp & American Electric Power Co,Inc.Commission Approves Application Re Merger Agreement Between Csw & Aep ML20248K5051998-06-0909 June 1998 Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of Order ML20137U3531997-04-0808 April 1997 Order Approving Application Re Formation of Operating Company & Transfer of Operating Authority ML20236E0111987-10-23023 October 1987 Order.* Grants NRC Request for Addl Time to Respond to Motion to Quash Subpoena of E Stites,Per 871008 Order. Response Should Be Filed by 871029.Served on 871023 ML20236E6741987-07-24024 July 1987 Memorandum & Order.* Intervenor,Citizens Concerned About Nuclear Power,Inc,870529 Motion to Reopen Record of Facility Licensing Hearings & Request for Stay of Fuel Loading Denied.Served on 870724 ML20237K0921987-07-15015 July 1987 Memorandum & Order.* Order Denying Bp Garde Motion to Quash Subpoena & Request for Oral Argument.Appropriate Time to Assert atty-client Privilege & Work Product Doctrine When Bp Garde Testifies.Served on 870715.Reserved on 870814 ML20214S0521987-06-0404 June 1987 Order.* Directing NRC Staff & Commission to File Response to Gap 870529 Motion to Quash EDO 870520 Subpoena by 870612. Served on 870604 ML20215M9761986-10-30030 October 1986 Order Extending Time Until 861201 for Commission to Act to Review ALAB-849.Served on 861031 ML20215C1971986-10-0808 October 1986 Memorandum & Order Affirming LBP-86-15 & LBP-86-29 Re Issuance of OL for Units 1 & 2.Served on 861008 ML20207E1431986-07-17017 July 1986 Order Providing Parties Opportunity to Comment on Other Party Affidavits within 10 Days of Order Svc.Served on 860718 ML20202F8671986-07-10010 July 1986 Order Discussing ASLB 860613 Partial Initial Decision in Phases II & III of OL Proceeding.No Appeal of Decision Filed.Decision Will Be Reviewed by Aslab Sua Sponte.Served on 860711 ML20206J5521986-06-23023 June 1986 Memorandum & Order Directing Applicants & Staff to Answer Questions Re Design of Nonconforming Structures to Withstand Hurricanes & Tornados,Via Affidavit by 860714.Served on 860625 ML20211E6081986-06-13013 June 1986 Order Adding,As Addendum to App C,Transcript Corrections for 851205-06 Hearing Sessions Inadvertently Omitted from App C of 860613 Partial Initial Decision.Served on 860613 ML20140G1291986-03-28028 March 1986 Seventh Prehearing Conference Order Re Citizens Concerned About Nuclear Power,Inc Fourth & Fifth Motions to Reopen Phase II Record & Phase III Issues.Evidentiary Hearing Scheduled for 860506.Served on 860331 ML20137X4251986-03-0303 March 1986 Order Directing Applicant & Staff Responses to Citizens Concerned About Nuclear Power,Inc 860128 Motions to Reopen Phase II Records & Compel Against Applicant,Be Delivered by 860317 & 19,respectively.Served on 860304 ML20137U8301986-02-14014 February 1986 Memorandum & Order Permitting Withdrawal of Citizens Concerned About Nuclear Power,Inc,860117 Contention 3 Re Overpressurization of Westinghouse Reactors.Served on 860218 ML20151W9701986-02-10010 February 1986 Order Inviting Response by State of Tx to Fourth Motion by Citizens Concerned About Nuclear Power,Inc to Reopen Phase II Record,Per 860207 Memorandum & Order.Response Requested by 860211 ML20151W8741986-02-0707 February 1986 Memorandum & Order Directing Applicants,Staff & Citizens Concerned About Nuclear Power,Inc to File Positions Re Fourth Motion to Reopen Phase II Record by 860221 ML20151U0631986-02-0606 February 1986 Order Advising of Dates for NRC & Citizens Concerned About Nuclear Power (Ccanp) Responses to Affidavit on Contention 4 & Testimony Re Issue C.Nrc Response Due by 860304 & Ccanp Response Due by 860318.Served on 860207 ML20137P8081985-12-0303 December 1985 Order Changing Location of 851205-06 Hearings from Univ of Houston Law School to Astro Village Hotel in Houston,Tx. Served on 851203 ML20136D9851985-11-18018 November 1985 Order Approving Schedule for Phase III of Hearing & for Conference Call on Reopened Phase II Hearing on 851121. Served on 851119 ML20138R2901985-11-14014 November 1985 Memorandum & Order Granting Intervenor 851016 Motion II to Reopen Record of Phase II & Motion to Withdraw Motion Iii. Applicant Request to Strike Motion III Denied.Served on 851115 ML20198B8221985-11-0505 November 1985 Order to Reopen Record to Admit Jordan Chronology Into Evidence as Citizens Concerned About Nuclear Power Inc Exhibit 148.Motion for Board-ordered Production of Sli Rept Dismissed.Motion Denied.Served on 851106 ML20138L3591985-10-30030 October 1985 Order Granting Concerned Citizens Against Nuclear Power 851029 Request for Extension Until 851105 to File Proposed Phase II Findings of Fact & Conclusions of Law.Addl Extensions for Parties Listed.Served on 851030 ML20133K1871985-10-17017 October 1985 Order Extending Time Until 851108 for Citizens Concerned About Nuclear Power & State of Tx to Respond to Applicant 851014 Motion to Establish Phase III Schedule.Nrc May Respond by 851113.Served on 851018 ML20133J3111985-10-16016 October 1985 Order Ruling on Citizens Concerned About Nuclear Power 850930 Motion for Production of Documents,To Reopen Record, for New Contention,For Discovery & for Extensions of Time. Jordan Chronology Admitted.Served on 851017 ML20133E8091985-10-0404 October 1985 Memorandum & Order Granting 2-wk Extension for Citizens Concerned About Nuclear Power to File Proposed Findings of Fact & Conclusions of Law on Phase Ii.Served on 851007 ML20134E7121985-08-16016 August 1985 Order Establishing Schedule for Receipt of Proposed Findings of Fact & Conclusions of Laws for Phase II Hearings by Parties.Served on 850816 ML20126K9711985-07-26026 July 1985 Order Extending Time Until 850730 for Commission to Act to Review ALAB-799.Served on 850726 ML20129K1731985-07-19019 July 1985 Order Extending Time Until 850726 for Commission to Act to Review ALAB-799.Served on 850719 ML20128K1281985-07-0808 July 1985 Order Extending Time Until 850719 for Commission to Act to Review ALAB-799.Served on 850709 ML20127L4941985-06-24024 June 1985 Memorandum & Order Re ASLB 850621 Telcon W/Applicant Denying Commissioner Roberts Appearance as Witness,Per 10CFR2.790(h).ASLB Will Issue Subpoena for Nonnrc Witnesses.Listed Info Requested by 850626.Served on 850624 ML20126M3251985-06-18018 June 1985 Order LBP-85-19 Denying Citizens Concerned About Nuclear Power 850417 Motion to Reopen Phase I Record Re Competence of Util & Directing Util to Provide Records by 850703.Served on 850619 ML20126K5171985-06-17017 June 1985 Order Extending Time Until 850708 for Commission to Act to Review ALAB-799.Served on 850618 ML20126K9601985-06-14014 June 1985 Errata Correcting Page 9 of 850517 Sixth Prehearing Conference Order to Read Regional Administrator Ltr of 840622 Instead of Regional Manager Ltr of 840622. Served on 850617 ML20128G8321985-05-24024 May 1985 Memorandum & Order Modifying Sixth Prehearing Conference Order to Change Ref to Finding 4.3.2.1(1) in Paragraph 5 on Page 12 to 4.3.2.1(n) in Quadrex Rept.Served on 850528 ML20127G2411985-05-17017 May 1985 Sixth Prehearing Conference Order Providing Further Definition of Phase II Issues.Phase II Hearings Defined & Delineated & Filing & Hearing Dates Established.Served on 850520 ML20197G6671984-06-15015 June 1984 Memorandum & Order Denying 840308 Motion for Reconsideration of ASLB 830714 Order Rejecting Proposed Financial Qualifications Contention.Served on 840615 ML20054M1871982-07-0808 July 1982 Order Extending Time Until 820802 for Citizens Concerned About Nuclear Pollution to File Request to Adopt Citizens for Equitable Utils Contentions & Updated Info on Status of American Bridge Contentions ML20054G2011982-06-18018 June 1982 Memorandum & Order CLI-82-9,reinstating Judge Ee Hill to Aslb.Hill Statement Does Not Provide Legally Cognizable Basis for Disqualifying Prejudice.Commissioners Gilinsky, Roberts & Ahearne Views & Asselstine Dissent Encl ML20005A2801981-06-24024 June 1981 Order Shortening Comment Period on Second Supplemental Offer of Settlement.Offer Is Identical to First Supplemental Offer Filed 801008,except for Agreement Between Central & Southwest Co & DOJ ML20062G8541979-01-30030 January 1979 Defers Entry of Final Judgement for 30 Days During Which Motions to Correct or Supplement Opinion & Findings May Be Filed in Case of West Tx Util Co & Central Power & Light Co Vs Tx Electric Svc Co & Houston Lighting & Power Co ML20204D2961978-12-0505 December 1978 Consolidates for Discovery Purposes,Proc Re Subj Facils. Dates for Completion of Discovery & for Prehearing Conf Shall Apply to Both Proc.Lists Issues Adopted by the ASLB; Also Lists Discovery Procedures ML20062E1611978-11-17017 November 1978 Order Rescheduling Special Prehearing Conference.Petitions May Be Suppl Until 781226 & Oral Limited Appearances May Be Made Until 790111 ML20062D6941978-11-17017 November 1978 Allows Petition to Intervenor DM Mccaughan Until 781226 to Amend or Suppl His Petition to Conform W/Standards Used for Determining Validity of Petitions to Intervene.Special Prehearing Conference Will Be Held 790111 ML20062C6611978-11-0101 November 1978 Order Scheduling Special Prehearing Conference. Conference Will Be Held to Consider All Intervention Petitions,Identify Key Issues & Establish Schedule for Further Actions in Proc. Intervention Petitions May Be Amended by 781127 ML20062C2341978-10-23023 October 1978 Memorandum & Order Re Petitions for Intervention.Prehearing Conference Scheduled for 78121.Petitioners Should File Suppl Petitions Which Encompass Issues & Other Considerations Raised by Either Side by 781127 1998-06-09
[Table view] |
Text
In the Matter of' ) Docket Nos. 50-498/499
) License Nos. NPF-76,80 STP Nuclear Operating Company ) EA 97-341 STP Nuclear Generating Station )
CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE IMMEDIATELY) l STP Nuclear Operating Company (STP or the Licensee) is an NRC Licensee and the holder of Facility Operating License Nos. NPF-76 and NPF-80, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 C.F.R. Part 50 on March 22,1988 and March 28,1989 respectfully . The licenses authorize operation of the STP Electric Generating Station (the Station or facility) in accordance with the conditions specified in the license. The facility is located on the Licensee's site in Wadsworth, Texas.
ll NRC Office of Investigations (01) Report Nos. 4-96-035 and 4-96-059 concluded that STP had subjected four employees to a hostile work environment created by the former Electrical / Instrumentation & Controls (Ell &C) division manager in retaliation for the employees' having engaged in protected activities, and had thus violated the Employee Protection requirements,10 C.F.R. 9 50.7. The NRC staff, by letter dated January 8,1998, invited the Licensee to a predecisional enforcement conference (PEC) to discuss the apparent violation, which was fully detailed in that letter. On February 26,1998, a PEC was held at the NRC offices of NRC Region IV in Arlington, Texas. By letter dated March 12,1998, the Licensee submitted additional data and information requested by the NRC staff during the PEC.
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1 9906100150 990609 PDR ADOCK 05000498 p PDR j;
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The Licensee maintains that no violation of 10 C.F.R. $ 50.7 occurred, and that it took prompt and effective corrective action in response to concems raised by its employees regarding the behavior of the E/l&C division manager, including discipline in accordance with the STP Constructive Discipline Policy, appropriate reflection in annual performance appraisals of the E/l&C division manager, the provision of peer and management counseling to the Ell &C division manager and assistance from industrial psychologists. The actions culminated in the resignation of the E/l&C division manager from STP in mid-1996. In addition, the Licensee states that it took a number of specific steps to address concems which arose in the E/l&C Division in 1996. These included the STP President's meetings with division personnel, similar meetings conducted by the Vice President, Nuclear Engineering, and the Design Engineering Department Manager, as well as one-on-one meetings between the new division manager and all division personnel. In these meetings, and in station-wide communications, the Licensee advised employees that it had settled the claims filed by four facility employees with the United States Department of Labor (DOL), which claim alleged violations of the Employee Protection requirements of Section 211 of the Energy Reorganization Act, and the fact that the NRC was considering escalated enforcement action. The Licensee states that it intends to keep station personnel apprised of the results of the NRC's consideration of this matter.
l The Licensee maintains that employees have not been deterred from reporting safety concems as a result of events in the E/l&C division. Specifically, the Licensee states that a 1994 Climate Assessment of employee attitudes in the E/l&C division does not suggest that employees were subject to harassment or are reluctant to use the routine systems for reporting concems. The Licensee also maintains that annual surveys conducted between 1993 and 1997, both facility-wide and by departmerit, by Behavioral Consultant Services, Inc., do not suggest the existence of a hostile work environment in the E/l&C division. In addition, the Licensee states
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3 that implementation of its new Corrective Action Program was reviewed by a team of NRC inspectors in early 1996. Specdically, the NRC team reviewed a sample of Condition Reports
. and interviewed various engineers regarding their roles and responsibilities to determine whether significant issues were being identified and corrected in a timely fashion and how those problems were documented. The NRC team found that all the interviewed engineers were aware of when and how to document identified problems. See NRC Inspectio,i Report 50-498/96-11; 50-499/96-11 (April 12,1996).
lil The Licensee has planned additional actions to assess the station environment and to enhance safety-consciousness, as described in Attachment D to the March 12,1998,9bmission, Specifically, the Licensee plans: (1) " Comprehensive Cultural Assessments" to be performed by an independent consultant at 18 to 24 month intervals, and intermediate " mini" surveys in selected areas; (2) annual ratings of supervisors and managers by employees via the Licensee's " Leadership Assessment Tool"; and (3) a mandatory continuing training program for all supervisors and managers. The training program will have the objectives of reinforcing the importance of maintaining a safety-conscious work environment and of assisting managers and supervisors in dealing with conflicts in the work place in the context of a safety-conscious work environment. The training program will also include a specific course entitled " Safety Speaking."
. During a telephone conversation with the NRC staff on May 29,1998, the Licensee agreed to include in its mandatory training for all supervisors and managers training on the requirements of 10 C.F.R. 9 50.7, including, but not limited to, what constitutes protected activity and what constitutes discrimination, and appropriate responses to the raising of safety concems by
. employees.
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4 IV Since the Licensee settled the four employee protection complaints prior to an evidentiary i
hearing before, and prior to a finding that discrimination had occurred by, the United States Department of Labor, since the Licensee took corrective actions as outlined above; and since the Licenseo has planned actions to monitor the safety environment and to promote an atmosphere conducive to the raising of safety concerns by employees without fear of retaliation, the NRC staff is satisfied that its concerns regarding employee protection at South Texas Project Electric Generating Station can be resolved by confirming the Licensee's plans for further corrective action by this Order. Accordingly, the staff is exercising its enforcement discretion pursuant to Section Vil B.6 of the NRC Enforcement Policy and will not pursue a Notice of Violation or a civil penalty in this case.
By letter dated May 29,1998, the Licensee consented to issuance of this Order with the commit 9ents described in Section V, below, and to waive its right to a hearing on this Order.
The Licensee further consented to the immediate effectiveness of this Order.
I find that the Licensee's commitments, as set forth in Section V, below, are acceptable and necessary and conclude that with these commitments, the Licensee's process for addressing employee protection and safety concems will be enhanced. In view of the foregoing, I have determined that public health and safety require that the Licensee's commitments be confirmed by this Order. Based on the above and the Licensee's consent, this Order is immediately effective upon issuance.
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V Accordingly, pursuant to sections 103,161b,1611,'1610,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 C.F.R. $ 2.202 and 10 C.F.R.
Part 50, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT LICENSE NOS. NPF-i 76 and NPF-80 ARE MODIFIED AS FOLLOWS:
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- 1. Beginning in 1998, the STP Nuclear Operating Company will integrate into its overall program for enhancing the work environment and safety culture at the facility a " Comprehensive Cultural Assessment", as described in Attachment D to the Licensee's March 12,1998, i
submission, to be performed by an independent contractor. The Cultural Assessment will include both a written survey of employees (including supervision and management) and baseline contractors, and confidentialinterviews of selected individuals. The first assessment is scheduled for the second quarter of 1998 and will be performed at least three more times at intervals of 18 to 24 months. Annual " mini" surveys will be conducted and shall include, but not be limited to, annual surveys through at least the year 2002. Before conducting each mini-survey, the Licensee will identify to the blRC Regional Administrator the departments and divisions to be surveyed. The Licensee will submit to the NRC for review all Cultural
, Assessment results, including allintermediate " mini" surveys. Within 60 days of receipt of the survey results, the Licensee will provide to the NRC Regional Administrator any plans necessary to address issues raised by the survey results.
- 2. The STP Nuclear Operating Company will conduct annual ratings of supervisors and managers by employees via the ' Leadership Assessment Tool", as described in Attachment D to the Licensee's March 12,1998, submission, through at least the year 2002.'
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- 3. The STP Nuclear Operating Company will conduct a mandatory continuing training program ,
l for all supervisors and managers. This program will includz d (a) Scheduled training on building positive relationsups, as outlined in Attachment D to the Licensee's March 12,1998, submission. The training program will have the objective 1 of reinforcing the importance of maintaining a safety-conscious work environment and assisting managers and supervisors in dealing with conflicts in the work place in the context of a safety-conscious work environment. The training program also willinclude a course entitled " Safely Speaking," as described in Attachment D to the Licensee's March 12,1998, submission; and (b) Annual training on the requirements of 10 C.F.R. 6 50.7, through at least the year 2002, including, but not limited to, what constitutes protected activity and what constitutes discrimination, and appropriate responses to the raising of safety concems by employees. Such training shall stress the freedom of employees in the nuclear industry to raise safety concems without fear of retaliation by their supervisors or managers.
- 4. The licensee shall issue a site-wide publication to inform its employees and contractor employees of this Confirmatory Order as well as their rights to raise safety concems to the NRC and their management without fear of retaliation.
1 The Regional Administrator, Region IV, may relax or rescind, in writing, any of the above conditions upon a showing by the Licensee of good cause.
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7 VI Any person adversely affected by this Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, l
Washington, D.C. 20555, and include a statement of good cause for the extension. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN:
Chief, Rulemaking and Adjudications Staff, Washington, D.C. 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington D.C. 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-8064, and to the Licensee. If such a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 C.F.R. 9 2.714(d).
If the hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to
- be considered at such hearing shall be whether this Confirmatory Order should be sustained.
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the prc /isions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceeding. If an extension of time requesting a
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hearing has been approved, the provisions specified in Section IV shall be final when the
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extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST l 1
FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
1 k FOR THE U.S. NUCLEAR REGULATORY COMMISSION J
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4 j Ashok A. Thadani Deputy Executive Director for Regulatory Effectiveness Dated at Rockville, Maryland this 9th day of June 1998.
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