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| {{#Wiki_filter:ftOCli'TbOIINL*~>o~ | | {{#Wiki_filter:ftOCli'TbOIINL*~>o~NISNlSlllQCllOAC4flSMcllC~I M tee~)~ ~~~ +~ oe~l~~eer +o ee'LLa ~WW~C IWI440CI P~20fc ~y~ac tact 9:; |
| NISNlSlllQCllOAC4flSMcllC~ | | r, ~ |
| I M tee~)~~~~+~oe~l~~eer+o~~~ee'LLa~WW~C IWI440CI P~20fc~y~ac tact 9:;r,~~'~~National Litigation Consultants Nuckar Hklstltbtowcr Spcclullsr5 42K Wcct ladtaaenra Road, Salte 7455, Je pi ter, Ftorlda 33458 Voice:{56t)622 l667 Facclmllc: | | ~ ' |
| (56I)622 i%I or (561)7646615 latcract E-Matt Rcccircd at TS4574g BELLSOUTHJVET April 23, 1997 Hon.Shirley Jackson, Chairman US.Nuclear Regulatory Commission White Flint Building Washington, D.C.20555 RE: PETITION UNDER 10 C.F.R.2.206 REQUEST FOR AGENCY ACTION | | ~ ~ |
| | National Litigation Consultants Nuckar Hklstltbtowcr Spcclullsr5 42K Wcct ladtaaenra Road, Salte 7455, Je piter, Ftorlda 33458 Voice: {56t) 622 l667 Facclmllc: (56I) 622 i%I or (561) 7646615 latcract E-Matt Rcccircd at TS4574g BELLSOUTHJVET April 23, 1997 Hon. Shirley Jackson, Chairman US. Nuclear Regulatory Commission White Flint Building Washington, D.C. 20555 RE: PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR AGENCY ACTION |
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| ==Dear Chairman Jackson:== | | ==Dear Chairman Jackson:== |
| In accordance with U.S.Nuclear Regulatory Commission | | |
| ("NRC")regulations t found at Title 10 of the Code of Federal Regulations, the undersigned and National Litigation Consultants | | In accordance with U.S. Nuclear Regulatory Commission ("NRC") regulations t found at Title 10 of the Code of Federal Regulations, the undersigned and National Litigation Consultants |
| ("NLC"), (hereinafter"Petitioners")submit this request for action by the NRC with respect to its licensee, Florida Power&Light Company ("FPL")operators of the St.Lucie nuclear station Units 1 and 2 and the Turkey Point nuclear station Units 3 and 4 as fully described below: that the NRC take enforcement action to modify, suspend, or revoke FPL's operating licenses for all four nuclear reactors until such time as the licensee can sufficiently demonstrate to the NRC and the public that employees at the licensee's nuclear facilities are exposed to a work environment which encourages employees to freely raise safety concerns directly to the NRC without being required to first identify their perceived safety concerns to the licensee;that the NRC take gscala~enforcement action in accordance with 10 C.F.R.2.202 and/or in accordance with other NRC regulations due to discriminatory'ractices of the licensee in violation of NRC regulations at 10 C.R.F.50.7 and/or in accordance with other NRC regulations; and that the enforcement action be escalated retroactive from the initial occurrence of the violation by the licensee;This provision is contained in Subpart B, Section 2.206 of the NRC's regulations. | | ("NLC"), (hereinafter "Petitioners" ) submit this request for action by the NRC with respect to its licensee, Florida Power & Light Company ("FPL") operators of the St. Lucie nuclear station Units 1 and 2 and the Turkey Point nuclear station Units 3 and 4 as fully described below: |
| 97Q7070359 9705il PDR ADOCK 05000250 Q PDR | | that the NRC take enforcement action to modify, suspend, or revoke FPL's operating licenses for all four nuclear reactors until such time as the licensee can sufficiently demonstrate to the NRC and the public that employees at the licensee's nuclear facilities are exposed to a work environment which encourages employees to freely raise safety concerns directly to the NRC without being required to first identify their perceived safety concerns to the licensee; that the NRC take gscala~ enforcement action in accordance with 10 C.F.R. 2.202 and/or in accordance with other NRC regulations due to discriminatory'ractices of the licensee in violation of NRC regulations at 10 C.R.F. 50.7 and/or in accordance with other NRC regulations; and that the enforcement action be escalated retroactive from the initial occurrence of the violation by the licensee; This provision is contained in Subpart B, Section 2.206 of the NRC's regulations. |
| | 97Q7070359 9705il PDR ADOCK 05000250 Q PDR |
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| \ | | \ |
| F~Themaa J~Jr.Na&nal Lwoalon conaknaa Fax: f41)022 12i1 voko pl1)c221ccl To: Non ana1oF Jackson~LL$Nukoar ReyAaocy c nxHaalon paoo y ore~~~1aaF a a~~~.~0~Hon.Shirley Jackson, Chairman U.S.Nuclear Regulatory Commission Petititon 2.206 (FPL)Page 2 of 5 3.that the NRC, through its Agency's Atomic Safety and Licensing Board ("ASLB")conduct a public hearing and permit Petitioners leave to intervene at said hearing to perfect an evidentiaty record in consideration of whether the licensee has violated NRC';requirements and/or regulations with respect to the operating licenses the Agency issued to the licensee to aHow operation of its nuclear facilitics; that the NRC require the licensee to post a written notice along side each NRC Form-3 currently posted at the licensee's nuclear facilitics, which alerts cmployccs that they can dilly, contact the NRC about safety concerns without grat having to identify their safety concerns to the licensee;that the NRC require the licensee to provide a copy the aforementioned posted communications to all employees at the licensee's nuclear facilities and to take necessary measures to insure that all employees are made aware of those communications through the licensee's General Employee Training Program;6.that the NRC require the licensee to provide the Agency with written documents authored by Mr.James Broadhead, or other office of thc licensee under affirmation that the.Agency's requit'ements as described above in items 4 and 5 have been fully complied with.On May 14, 1996, thc NRC issued a policy NMnent"to set forth its expectation that licensees and other employers'subject to NRC authority will establish and maintain safetywonscious environments in which employees feel See to raise safety concerns, both to their management and to the NRC, without fear of retaliation." 61 Fed.Reg.24336 (May l4.1996).The policy statement, inter aDa, stresses, among other things.that management should provide leadership in this regard...61 FcL Reg.at 24340.The NRC has authority to penalize its licensees. | | F~Themaa J |
| The NRC can take enforcement action pursuant to 10 C.F.R.50.7 based on discrinunation by an employer even though the Department of Labor ("DOL")has not made a prior detemination that section 210 of the Energy Frarrr: Tharrraaakakkrkrk~. | | ~ ~ |
| Surrrrra uaaauenrrrrraurrarkra ra((r Srrk>>~r~k aMrd'ar Srrk>>rkaarrgrkr re;rrOrS rkrWaak~m~rarraaar rrarauarrrV rarraraaarrrh VaOaa Ot5 Thur@day APN24,1997 10~~0~Hon.Shirley Jackson, Chairman U.S.Nuclear Regulatory Commission Petititon 2.206 (FPL)Page 3 of 5 Reorganization Act2 ("ERA")was violated.Notably, the NRC and DOL have complementary, yet independent authorities and responsibilities in protecting employees&pm discrimination and retaliation for raising matters bearing on nuclear safety.Section 210/211 cmpowcrs DOL to grant remedies directly to cmployccs who have suffere discrimination for engaging in protected activities; it does not limit NRC's authority under the Atomic Energy Act to investigate alleged discrirniriation and take action to combat it Qc,'IR(4222351 5 d.2 5, 25(27 (D 5: 554(3, dgd(RER.34537(d I 5 I g money penalty, July 10, 1986).The NRC has a Congressional mandate to investigate licensees general employment practices to detcrminc whether those practices are having a"chilling effect" on would-be whistleblowcrs. | | ~ Jr. Na&nal Lwoalon conaknaa Fax: f41) 022 12i1 voko pl1) c221ccl To: Non ana1oF Jackson |
| That mandate is quite distinct&om that of the DOL: "Thc PORC's]investigatory powers and those of the[DOL)under[5851]neither serve the same purpose nor are invoked in the same manner.They are, rather, complementary, not duplicative... | | ~ . |
| Under[5851]the[DOLj apparently lacks two remedial powers-which the[NRC)possesses-..'. | | ~ LL$ Nukoar ReyAaocy c |
| the right to take important action against the amploycr, and the...authority to do so immediately..'. | | ~ |
| The[DOL]may order only reinstatcmcnt and back pay-not correction of the dangerous practices themselves." Union Electric, 9 NX.C.at 138;cf.42 U.S.C.5851(j)(2)(a DOL finding that a retaliation claim has no merit"shall not be considered by the[NRC]in its determination of whether a substantial safety hazard exits").1996 U.S.App.LEXIS 202 (2d Cir.1995).On June 3, 1994, the Secretary of Labor ("SOL")found Respondent FPL to have violated the ERA when it discharged an employee who engaged the NRC with safety concerns at the Turkey Point nuclear station.The SOL's findings werc further supported in an Order of Fcbruaty 15, 1995.The matter was remanded to the Administrative Law Judge ("ALJ")for further The ERA was amended by the National Energy Policy Act of 1992 and is now coded as section 211. | | nxHaalon paoo y ore ~ ~~ 1aaF a a 0 ~ |
| Fnus: Ttussas g Napetso Jr.Natonal Lluoalon c nsuksnts Fax: 541)e22 1241 volso: Full)822 1047 To: Hon.shay Jsdaon ac IAL Hukoar Rogulaaory commlaalon pago c st 2 ThLsssay pyg 2a, 12oT 1o~.0 Hon.Shirley Jackson, Chairman U.S.Nuclear Rcgu1atoty Commission Pctititon 2.206 (FPL)Page4of5 consideration and issuance of a new rcconunended decision and order.Sec, Case Nos.89-ERA-07 and 17 (consolidated). | | Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2.206 (FPL) |
| The parties in that matter filcd post-hearing briefs on April 22, 1997, in support of their respective positions in that matter.Petitioners have enclosed a copy of Complainant's brief as further construction in support of their basis in this petition.Subsequent to FPL's illegal termination of the employee in Case Nos.89-ERA-7/17, the NRC failed to take any.cnforccment action against thc licensee with respect to 10 C.F.R.50.7, and instead has taken thc posture to await a finding by the DOL notwithstanding several requests for Agency action.ScL (July 7, 1989).As a direct result of the NRC's impotcncc and failure to timely implement its mandate in protecting licensee employees and the general public, a"chilling effect" was instilled at FPL's nuclear facilities and has continued to dissuade emp)oyees from raising safety concerns.Moreover, FPL continues to discriminate against its employees in violation of NRC regulations at 10 C.F.R.50.7.Again, thc liccnscc's continuing pattern and practice of discriminating against employees who engage in protected activity is a direct result of the NRC's hx attitude in taking 3 3 N'I.h~C N.Py-EEE 33, 3'y.D.I I ly 1993, slip op.at 22, involving an employee of a contractor of FPL at Turkey Point;Robbing~92-ERA-10, D&RO Jan.19, 1996;96-STA-7 (ALJ Oct.24, 1997);Cerning95-ERA-53 (Sec'y Fcb.21, 1996);92-ERA-26 (Sec'y June 28, 1993);91-ERA-50 (ALJ Jan.7, 1992);93-ERA-30 (Sec'y July 13, 1995);and 91-ERAA7 (ALJ Dcc.4, 1992).Thc Petioners and thc public are cntitlcd to have the NRC take enforcement action against FPL to insure that the channels of information from FPL's employees to the NRC remains open and unfettered by discriminatory practices of FPL, In that vein, Petitioners'equest for a public hearing before the NRC's ASLB is wholly warranted as a matter of public pplicy and should bc granted by the NRC. | | Page 2 of 5 |
| | : 3. that the NRC, through its Agency's Atomic Safety and Licensing Board ("ASLB") |
| | conduct a public hearing and permit Petitioners leave to intervene at said hearing to perfect an evidentiaty record in consideration of whether the licensee has violated NRC '; |
| | requirements and/or regulations with respect to the operating licenses the Agency issued to the licensee to aHow operation of its nuclear facilitics; that the NRC require the licensee to post a written notice along side each NRC Form-3 currently posted at the licensee's nuclear facilitics, which alerts cmployccs that they can dilly, contact the NRC about safety concerns without grat having to identify their safety concerns to the licensee; that the NRC require the licensee to provide a copy the aforementioned posted communications to all employees at the licensee's nuclear facilities and to take necessary measures to insure that all employees are made aware of those communications through the licensee's General Employee Training Program; |
| | : 6. that the NRC require the licensee to provide the Agency with written documents authored by Mr. James Broadhead, or other office of thc licensee under affirmation that the. |
| | Agency's requit'ements as described above in items 4 and 5 have been fully complied with. |
| | On May 14, 1996, thc NRC issued a policy NMnent "to set forth its expectation that licensees and other employers 'subject to NRC authority will establish and maintain safetywonscious environments in which employees feel See to raise safety concerns, both to their management and to the NRC, without fear of retaliation." |
| | 61 Fed. Reg. |
| | 24336 (May l4. 1996). The policy statement, inter aDa, stresses, among other things. that management should provide leadership in this regard... 61 FcL Reg. at 24340. |
| | The NRC has authority to penalize its licensees. The NRC can take enforcement action pursuant to 10 C.F.R. 50.7 based on discrinunation by an employer even though the Department of Labor ("DOL") has not made a prior detemination that section 210 of the Energy |
| | |
| | Frarrr: Tharrraaakakkrkrk~. Surrrrra uaaauenrrrrraurrarkra ra((r Srrk>>~ r~k aMrd'ar Srrk>> rkaarrgrkr re; rrOrS rkrWaak m ~rarraaar rrarauarrrV rarraraaarrrh VaOaa Ot5 Thur@day APN24,1997 10 |
| | ~ ~ |
| | 0 ~ |
| | Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2.206 (FPL) |
| | Page 3 of 5 Reorganization Act2 ("ERA") was violated. Notably, the NRC and DOL have complementary, yet independent authorities and responsibilities in protecting employees &pm discrimination and retaliation for raising matters bearing on nuclear safety. Section 210/211 cmpowcrs DOL to grant remedies directly to cmployccs who have suffere discrimination for engaging in protected activities; it does not limit NRC's authority under the Atomic Energy Act to investigate alleged discrirniriation and take action to combat it Qc, |
| | 'IR(4222351 5 d. 2 5, 25(27 (D 5: 554(3, dgd(RER.34537( d I 5 I g money penalty, July 10, 1986). |
| | The NRC has a Congressional mandate to investigate licensees general employment practices to detcrminc whether those practices are having a "chilling effect" on would-be whistleblowcrs. That mandate is quite distinct &om that of the DOL: |
| | "Thc PORC's] investigatory powers and those of the [DOL) under |
| | [5851] neither serve the same purpose nor are invoked in the same manner. They are, rather, complementary, not duplicative... |
| | Under [5851] the [DOLj apparently lacks two remedial powers-which the [NRC) possesses-..'. the right to take important action against the amploycr, and the... authority to do so immediately..'. The [DOL] may order only reinstatcmcnt and back pay-not correction of the dangerous practices themselves." |
| | Union Electric, 9 NX.C. at 138; cf. 42 U.S.C. 5851(j)(2)(a DOL finding that a retaliation claim has no merit "shall not be considered by the [NRC] in its determination of whether a substantial safety hazard exits"). |
| | 1996 U.S. App. LEXIS 202 (2d Cir. 1995). |
| | On June 3, 1994, the Secretary of Labor ("SOL") found Respondent FPL to have violated the ERA when it discharged an employee who engaged the NRC with safety concerns at the Turkey Point nuclear station. The SOL's findings werc further supported in an Order of Fcbruaty 15, 1995. The matter was remanded to the Administrative Law Judge ("ALJ") for further The ERA was amended by the National Energy Policy Act of 1992 and is now coded as section 211. |
| | |
| | Fnus: Ttussas g Napetso Jr. Natonal Lluoalon c nsuksnts Fax: 541) e22 1241 volso: Full) 822 1047 To: Hon. shay Jsdaon ac IALHukoar Rogulaaory commlaalon pago c st 2 ThLsssay pyg 2a, 12oT 1o |
| | ~ . 0 Hon. Shirley Jackson, Chairman U.S. Nuclear Rcgu1atoty Commission Pctititon 2.206 (FPL) |
| | Page4of5 consideration and issuance of a new rcconunended decision and order. Sec, Case Nos. 89-ERA-07 and 17 (consolidated). |
| | The parties in that matter filcd post-hearing briefs on April 22, 1997, in support of their respective positions in that matter. Petitioners have enclosed a copy of Complainant's brief as further construction in support of their basis in this petition. |
| | Subsequent to FPL's illegal termination of the employee in Case Nos. 89-ERA-7/17, the NRC failed to take any. cnforccment action against thc licensee with respect to 10 C.F.R. 50.7, and instead has taken thc posture to await a finding by the DOL notwithstanding several requests for Agency action. ScL (July 7, 1989). |
| | ~ |
| | As a direct result of the NRC's impotcncc and failure to timely implement its mandate in protecting licensee employees and the general public, a "chilling effect" was instilled at FPL's nuclear facilities and has continued to dissuade emp)oyees from raising safety concerns. |
| | Moreover, FPL continues to discriminate against its employees in violation of NRC regulations at 10 C.F.R. 50.7. Again, thc liccnscc's continuing pattern and practice of discriminating against 3 3 N' I . h employees who engage in protected activity is a direct result of the NRC's hx attitude in taking C |
| | 1993, slip op. at 22, involving an employee of a contractor of FPL at Turkey Point; Robbing~ |
| | N . Py-EEE 33, 3 'y. D . I I ly 92-ERA-10, D&RO Jan. 19, 1996; 96-STA-7 (ALJ Oct. 24, 1997); |
| | Cerning95-ERA-53 (Sec'y Fcb. 21, 1996); |
| | 92-ERA-26 (Sec'y June 28, 1993); 91-ERA-50 (ALJ Jan. 7, 1992); 93-ERA-30 (Sec'y July 13, 1995); and 91-ERAA7 (ALJ Dcc. 4, 1992). |
| | Thc Petioners and thc public are cntitlcd to have the NRC take enforcement action against FPL to insure that the channels of information from FPL's employees to the NRC remains open and unfettered by discriminatory practices of FPL, In that vein, Petitioners'equest for a public hearing before the NRC's ASLB is wholly warranted as a matter of public pplicy and should bc granted by the NRC. |
| | |
| | From 2)romaa J aarorrro Jr Na5analLrrra5on conmmanra Fax Iw)422 12a1 v¹co l)r)1) 52215pf To Non Nr)rlay Jackson at Ils NrNcaar Rayrr¹ory comm)a¹on paao5ofd '))xrrsrray ~2a 1252 15 |
| | ~ . ~ |
| | Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2206 (FPL) |
| | Page 5 of5 For all the above stated reasons, Petitioners seek NRC action in this rnatter. |
| | RESPECTFULLY SUBMITTED, this 23rd day ofApril, 1997. |
| | NATIONALLITIGATIONCONSULTANTS Thomas J. Saponto, Jr. |
| | Executive Director cc: w/o attachment Hon. Bill Clinton, President Carolyn Evans, Esq. |
| | United States of America U.S.N,R.C. Region II The White House 101 Marietta St., NW Suite 2900 1600 Pennsylvania Ave., NW Atlanta, OA 30323 Washington, DC 20500 Louis Reycs, Administrator Oscar De Miranda, SAC U.S.N.R.C. Region II U.S.N.R.C. Region 0 101 Marietta St., NW, Suite 2900 101 Marietta St., NW Suite 2900 Atlanta GA 30323 Atlanta, GA 30323 General Media Distribution List (NLC) |
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| From 2)romaa J aarorrro Jr Na5analLrrra5on conmmanra Fax Iw)422 12a1 v¹co l)r)1)52215pf To Non Nr)rlay Jackson at Ils NrNcaar Rayrr¹ory comm)a¹on paao5ofd'))xrrsrray
| | ~ y ~ ~ ~ |
| ~2a 1252 15~.~Hon.Shirley Jackson, Chairman U.S.Nuclear Regulatory Commission Petititon 2206 (FPL)Page 5 of 5 For all the above stated reasons, Petitioners seek NRC action in this rnatter.RESPECTFULLY SUBMITTED, this 23rd day of April, 1997.NATIONAL LITIGATION CONSULTANTS Thomas J.Saponto, Jr.Executive Director cc: w/o attachment Hon.Bill Clinton, President United States of America The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Carolyn Evans, Esq.U.S.N,R.C.
| | Gate: Thursday, April 24, 1997 Tims: 9:57:08 AM 6 Pages To: Hon. Shirley Jackson From: Thomas J. Saporito, Jr. |
| Region II 101 Marietta St., NW Suite 2900 Atlanta, OA 30323 Louis Reycs, Administrator U.S.N.R.C.
| | U.S. Nulcear Regulatory Commission National Litigation Consultants Fax: (301) 415-3200 Fax: (561) 622-1241 Voice: Voice: (561) 622-1667 Comments:}} |
| Region II 101 Marietta St., NW, Suite 2900 Atlanta GA 30323-Oscar De Miranda, SAC U.S.N.R.C.
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| Region 0 101 Marietta St., NW Suite 2900 Atlanta, GA 30323 General Media Distribution List (NLC)
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| ~y~~~Gate: Thursday, April 24, 1997 Tims: 9:57:08 AM 6 Pages To: Hon.Shirley Jackson U.S.Nulcear Regulatory Commission Fax: (301)415-3200 Voice: From: Thomas J.Saporito, Jr.National Litigation Consultants Fax: (561)622-1241 Voice: (561)622-1667 Comments:}} | |
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Category:CORRESPONDENCE-LETTERS
MONTHYEARML17355A4601999-10-26026 October 1999
Forwards Revised Epips,Including Revs to 0-EPIP-1102, 0-EPIP-1212,0-EPIP-20110,0-EPIP-20111,0-EPIP-20132, 0-EPIP-20133 & 0-EPIP-20201,per 10CFR50.54(q) & 10CFR50, App E.Epip 0-EPIP-20107,has Been Deleted
ML17241A5001999-10-21021 October 1999
Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C
ML17309A9981999-10-19019 October 1999
Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points
ML20217F6171999-10-0808 October 1999
Forwards Insp Repts 50-335/99-11 & 50-389/99-11 on 990827 & 990907-09.No Violations Identified.Matl Encl Contained Safeguards Info as Defined by 10CFR73.21 & Disclosed to Unauthorized Individuals Prohibited by Section 147 of AEA
ML17355A4301999-10-0808 October 1999
Forwards Rev 16 of Updated Fsar.Info Accurately Reflects Plant Changes Made Since Previous Submittal.Rev Incorporates Changes Completed Between 971015 & 990408.Summary of Accuracy Review Changes & Instructions,Included
ML17355A4461999-10-0404 October 1999
Notifies NRC of Change in Commitment to Perform Periodic Testing of Critical Welds & Parts on Special Lifting Devices IAW NUREG-0612.Use of Ae Technology Will Provide Same Level of Testing Quality as Did NDE Methods Noted in ANSI Std
ML17355A4291999-10-0404 October 1999
Forwards Response to NRC Telcon Questions Re License Amend Request Dtd 990727,proposing Amend on one-time Basis to Modify TS 3.8.1.1 & TS 3.4.3 & 3.5.2 to Extend Allowed Outage Time for EDG from 72 H to 7 Days
L-99-208, Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included1999-10-0404 October 1999
Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included
ML17241A4811999-10-0101 October 1999
Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a
ML20212M1601999-09-28028 September 1999
Refers to 990908 Engineering Meeting Conducted at NRC Region II to Discuss Engineering Issues at Lucie & Turkey Point Facilities.List of Attendees & Copy of Presentation Handout Encl
ML17241A4701999-09-25025 September 1999
Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant
ML17241A4721999-09-24024 September 1999
Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999
ML17241A4681999-09-22022 September 1999
Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6)
ML17355A4251999-09-22022 September 1999
Forwards NRC Form 536 in Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams, Issued 990820
ML17241A4671999-09-20020 September 1999
Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams.
ML17241A4581999-09-13013 September 1999
Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program
ML17355A4111999-09-0909 September 1999
Informs That Thermo-Lag Upgrades for Fire Zones 47,54,113, 114,115,116,118,119,120 & 143 Completed on 990726,per GL 92-08
ML17355A4131999-09-0707 September 1999
Forwards Revised Relief Request 20 Re Requirement to Perform Exams as Required by IWL-2524 & IWL-2525,Table IWL-2500-1 for Exempt Tendon Insp,Per Recent Discussions with NRC
ML17355A4141999-09-0202 September 1999
Documents That Util Has No Concerns or Challenges Related to site-specific Written Exam Administered at Plant on 990830
ML17241A4521999-08-31031 August 1999
Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval
ML17241A4531999-08-31031 August 1999
Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006
ML17241A4501999-08-26026 August 1999
Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached
ML17355A4041999-08-23023 August 1999
Forwards Info to Support Assessment of Potential Risks Associated with Proposed Civil Aircraft Operations at Former Homestead Air Force Base to FP&L Turkey Point Nuclear Facility Units 3 & 4
ML17355A4061999-08-23023 August 1999
Forwards Semiannual FFD Performance Rept for Period of Jan- June 1999,for Turkey Point Units 3 & 4.List of Events Reported & Summary of Mgt Actions Taken,Included
ML17355A4071999-08-23023 August 1999
Informs That FPL Has Completed Review of Info Listed in Reactor Vessel Integrity Database,Version 2 & Found Listed Discrepancies,Re Closure of GL 92-01,rev 1,suppl 1, Reactor Vessel Structural Integrity.
ML17355A4001999-08-20020 August 1999
Informs That on 990722,util Determined Blind Specimen Submitted to Smithkline Beecham Clinical Labs on 990721,was Reported Back with Unsatisfactory Results.Attachment 1 Is Summary of Investigation of Unsatisfactory Performance
ML17241A4371999-08-13013 August 1999
Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d)
ML17241A4461999-08-11011 August 1999
Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure
L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999
Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)
ML17355A3941999-07-27027 July 1999
Submits Response to NRC AL 99-02, Operating Reactor Licensing Action Estimates, for FY00 & FY01
ML17309A9911999-07-26026 July 1999
Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified
ML17241A4151999-07-22022 July 1999
Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2
ML17241A4221999-07-22022 July 1999
Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates.
ML17241A4471999-07-22022 July 1999
Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure
ML17241A4101999-07-16016 July 1999
Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants
ML17355A3871999-07-16016 July 1999
Provides Supplement to FP&L Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants
ML17355A3851999-07-14014 July 1999
Informs That Pages Missing from 1998 Annual Radiological Environ Operating Rept, Contain Info Unrelated to ODCM- Specified Sampling & Were Not Included as Part of Rept
ML17309A9881999-07-0707 July 1999
Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager
ML20209F1541999-07-0606 July 1999
Informs That NRC in Process of Conducting Operational Safeguards Response Evaluations at Nuclear Power Reactors. Plant Chosen for Such Review Scheduled for Wk of 990823-26
ML17355A3711999-07-0606 July 1999
Forwards Revised EPIPs 0-EPIP-20201, Maintaining Emergency Preparedness - Radiological Emergency Plan Training & 0-EPIP-20126, Off-Site Dose Calculations. with Summary of Changes
ML17355A3591999-06-30030 June 1999
Forwards Turkey Point,Unit 4 ISI Rept. Listed Repts Are Encl.No Eddy Current Exams Scheduled for Unit 4 Steam Generators
ML17355A3661999-06-30030 June 1999
Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998
ML17241A3971999-06-30030 June 1999
Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr
ML17241A4011999-06-30030 June 1999
Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604
ML17241A3951999-06-29029 June 1999
Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl
ML17355A3571999-06-28028 June 1999
Informs That Util Voluntarily Reporting Facility Readiness as Outlined in Suppl 1 to GL 98-01.Encl Is Y2K Readiness Disclosure for Units 3 & 4,reporting Status of Facility Y2K Readiness
ML17355A3521999-06-18018 June 1999
Forwards Response to NRC 990415 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves.
ML17241A3731999-06-17017 June 1999
Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16)
ML17241A3641999-06-14014 June 1999
Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139
ML20195F3871999-06-11011 June 1999
Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5)
1999-09-09
[Table view]
Category:INCOMING CORRESPONDENCE
MONTHYEARML17355A4601999-10-26026 October 1999
Forwards Revised Epips,Including Revs to 0-EPIP-1102, 0-EPIP-1212,0-EPIP-20110,0-EPIP-20111,0-EPIP-20132, 0-EPIP-20133 & 0-EPIP-20201,per 10CFR50.54(q) & 10CFR50, App E.Epip 0-EPIP-20107,has Been Deleted
ML17241A5001999-10-21021 October 1999
Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C
ML17309A9981999-10-19019 October 1999
Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points
ML17355A4301999-10-0808 October 1999
Forwards Rev 16 of Updated Fsar.Info Accurately Reflects Plant Changes Made Since Previous Submittal.Rev Incorporates Changes Completed Between 971015 & 990408.Summary of Accuracy Review Changes & Instructions,Included
L-99-208, Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included1999-10-0404 October 1999
Forwards Changes,Tests & Experiments Made as Allowed by 10CFR50.59 for Period Covering 971014-990408. Summary of PORV Actuations & Results of Plants SG Tube Insp,Which Occurred During That Time Included
ML17355A4461999-10-0404 October 1999
Notifies NRC of Change in Commitment to Perform Periodic Testing of Critical Welds & Parts on Special Lifting Devices IAW NUREG-0612.Use of Ae Technology Will Provide Same Level of Testing Quality as Did NDE Methods Noted in ANSI Std
ML17355A4291999-10-0404 October 1999
Forwards Response to NRC Telcon Questions Re License Amend Request Dtd 990727,proposing Amend on one-time Basis to Modify TS 3.8.1.1 & TS 3.4.3 & 3.5.2 to Extend Allowed Outage Time for EDG from 72 H to 7 Days
ML17241A4811999-10-0101 October 1999
Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a
ML17241A4701999-09-25025 September 1999
Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant
ML17241A4721999-09-24024 September 1999
Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999
ML17241A4681999-09-22022 September 1999
Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6)
ML17355A4251999-09-22022 September 1999
Forwards NRC Form 536 in Response to NRC Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams, Issued 990820
ML17241A4671999-09-20020 September 1999
Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams.
ML17241A4581999-09-13013 September 1999
Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program
ML17355A4111999-09-0909 September 1999
Informs That Thermo-Lag Upgrades for Fire Zones 47,54,113, 114,115,116,118,119,120 & 143 Completed on 990726,per GL 92-08
ML17355A4131999-09-0707 September 1999
Forwards Revised Relief Request 20 Re Requirement to Perform Exams as Required by IWL-2524 & IWL-2525,Table IWL-2500-1 for Exempt Tendon Insp,Per Recent Discussions with NRC
ML17355A4141999-09-0202 September 1999
Documents That Util Has No Concerns or Challenges Related to site-specific Written Exam Administered at Plant on 990830
ML17241A4521999-08-31031 August 1999
Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval
ML17241A4531999-08-31031 August 1999
Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006
ML17241A4501999-08-26026 August 1999
Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached
ML17355A4071999-08-23023 August 1999
Informs That FPL Has Completed Review of Info Listed in Reactor Vessel Integrity Database,Version 2 & Found Listed Discrepancies,Re Closure of GL 92-01,rev 1,suppl 1, Reactor Vessel Structural Integrity.
ML17355A4061999-08-23023 August 1999
Forwards Semiannual FFD Performance Rept for Period of Jan- June 1999,for Turkey Point Units 3 & 4.List of Events Reported & Summary of Mgt Actions Taken,Included
ML17355A4041999-08-23023 August 1999
Forwards Info to Support Assessment of Potential Risks Associated with Proposed Civil Aircraft Operations at Former Homestead Air Force Base to FP&L Turkey Point Nuclear Facility Units 3 & 4
ML17355A4001999-08-20020 August 1999
Informs That on 990722,util Determined Blind Specimen Submitted to Smithkline Beecham Clinical Labs on 990721,was Reported Back with Unsatisfactory Results.Attachment 1 Is Summary of Investigation of Unsatisfactory Performance
ML17241A4371999-08-13013 August 1999
Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d)
ML17241A4461999-08-11011 August 1999
Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure
L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999
Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)
ML17355A3941999-07-27027 July 1999
Submits Response to NRC AL 99-02, Operating Reactor Licensing Action Estimates, for FY00 & FY01
ML17309A9911999-07-26026 July 1999
Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified
ML17241A4151999-07-22022 July 1999
Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2
ML17241A4221999-07-22022 July 1999
Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates.
ML17241A4471999-07-22022 July 1999
Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure
ML17241A4101999-07-16016 July 1999
Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants
ML17355A3871999-07-16016 July 1999
Provides Supplement to FP&L Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants
ML17355A3851999-07-14014 July 1999
Informs That Pages Missing from 1998 Annual Radiological Environ Operating Rept, Contain Info Unrelated to ODCM- Specified Sampling & Were Not Included as Part of Rept
ML17309A9881999-07-0707 July 1999
Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager
ML17355A3711999-07-0606 July 1999
Forwards Revised EPIPs 0-EPIP-20201, Maintaining Emergency Preparedness - Radiological Emergency Plan Training & 0-EPIP-20126, Off-Site Dose Calculations. with Summary of Changes
ML17355A3591999-06-30030 June 1999
Forwards Turkey Point,Unit 4 ISI Rept. Listed Repts Are Encl.No Eddy Current Exams Scheduled for Unit 4 Steam Generators
ML17241A3971999-06-30030 June 1999
Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr
ML17241A4011999-06-30030 June 1999
Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604
ML17355A3661999-06-30030 June 1999
Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998
ML17241A3951999-06-29029 June 1999
Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl
ML17355A3571999-06-28028 June 1999
Informs That Util Voluntarily Reporting Facility Readiness as Outlined in Suppl 1 to GL 98-01.Encl Is Y2K Readiness Disclosure for Units 3 & 4,reporting Status of Facility Y2K Readiness
ML17355A3521999-06-18018 June 1999
Forwards Response to NRC 990415 RAI Re GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves.
ML17241A3731999-06-17017 June 1999
Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16)
ML17241A3641999-06-14014 June 1999
Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139
L-99-129, Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3)1999-06-0909 June 1999
Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3)
ML17241A3601999-06-0707 June 1999
Forwards Correction to Annual Radiological Environ Operating Rept for CY98.Util Has Identified Transcription Error on Last Page of Attachment C of Rept,Results from Interlaboratory Comparison Program 1998
ML17241A3561999-06-0707 June 1999
Forwards Rept Containing Brief Description & Summary of SEs for Changes,Tests & Experiments Which Were Approved for Unit 3 During Period of 970526-981209
ML17355A3491999-06-0404 June 1999
Forwards Summary of Corrective Actions Implemented by FPL Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions.
1999-09-09
[Table view]
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999
Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines
L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999
Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments
ML20206H4441999-05-0303 May 1999
Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules
ML20205J0461999-04-0101 April 1999
Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments
ML20205B3771999-03-16016 March 1999
Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking
ML17355A2511999-03-0909 March 1999
Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs
L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998
Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP
L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998
Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses
L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998
Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule
L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998
Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement
ML17229A7551998-05-29029 May 1998
Comment Opposing Proposed Communication Re Augmented Insp of Pressurized Water Reactor Class 1 High Pressure Safety Injection Piping
ML20217P6691998-04-0202 April 1998
Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards,Amended Requirements
ML17354A8741998-03-27027 March 1998
Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978)
ML20216C1991998-03-0303 March 1998
Comment on Proposed Generic Communication Re Yr 2000 Readiness of Computer Sys at Npps.Util Endorses Nuclear Energy Inst Comments.Comments Submitted on Behalf of Plant
ML17354B1061998-02-26026 February 1998
Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices
L-97-269, Comment on Pr 10CFR55, Initial Licensed Operator Exam Requirements1997-10-21021 October 1997
Comment on Pr 10CFR55, Initial Licensed Operator Exam Requirements
L-97-265, Comment on Proposed Rules 10CFR50 & 73, Frequency of Reviews & Audits for Emergency Prepardness Programs Safeguards Contingency Plan & Security Programs for Np Reactors1997-10-14014 October 1997
Comment on Proposed Rules 10CFR50 & 73, Frequency of Reviews & Audits for Emergency Prepardness Programs Safeguards Contingency Plan & Security Programs for Np Reactors
ML20217M0751997-08-13013 August 1997
Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc
ML20217J4321997-08-0707 August 1997
Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807
ML20148P8461997-06-25025 June 1997
Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626
ML17354A5521997-06-18018 June 1997
Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems.
ML20141F5441997-06-13013 June 1997
NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied
ML20141F5711997-06-13013 June 1997
Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.W/Certificate of Svc
ML17354A5181997-05-27027 May 1997
Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc
ML20148G6531997-05-27027 May 1997
Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527
ML20148G7071997-05-27027 May 1997
Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527
ML20148G7501997-05-20020 May 1997
Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520
ML17354A5631997-05-17017 May 1997
Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access
ML20141C7331997-05-16016 May 1997
Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516
ML17354A5611997-05-11011 May 1997
Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty
ML20138J2241997-05-0202 May 1997
Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc
ML20138J2271997-05-0202 May 1997
NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6
ML20138J2331997-05-0202 May 1997
Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc
ML20138J2401997-04-25025 April 1997
Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425
ML17354A5651997-04-23023 April 1997
Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns
ML20137X5921997-04-16016 April 1997
NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc
ML20137X5511997-04-11011 April 1997
NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc
ML20137R3531997-03-27027 March 1997
Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327
ML20137F5551997-03-25025 March 1997
NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc
ML20137F8251997-03-21021 March 1997
Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321
ML20137F5081997-03-17017 March 1997
NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License
ML20137F5371997-03-17017 March 1997
NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration
ML20136F2981997-03-12012 March 1997
Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312
ML20136F3411997-03-10010 March 1997
NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc
ML20136F2351997-03-10010 March 1997
NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam
ML20136F2721997-03-0606 March 1997
Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc
ML20138Q0191997-02-28028 February 1997
Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228
ML20134A6551997-01-23023 January 1997
Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained
ML20134A6661997-01-23023 January 1997
Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124
ML20137R4681996-12-10010 December 1996
Transcript of 961210 Proceeding in Atlanta,Ga Re Predecisional EC Re Facility Activities.Pp 1-151.Supporting Documentation Encl
1999-09-07
[Table view]
Category:PLEADINGS
MONTHYEARML17354B1061998-02-26026 February 1998
Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices
ML20217M0751997-08-13013 August 1997
Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc
ML20141F5441997-06-13013 June 1997
NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied
ML17354A5181997-05-27027 May 1997
Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc
ML17354A5631997-05-17017 May 1997
Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access
ML17354A5611997-05-11011 May 1997
Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty
ML20138J2271997-05-0202 May 1997
NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6
ML17354A5651997-04-23023 April 1997
Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns
ML20137X5921997-04-16016 April 1997
NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc
ML20137X5511997-04-11011 April 1997
NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc
ML20137F5551997-03-25025 March 1997
NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc
ML20137F5371997-03-17017 March 1997
NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration
ML20137F5081997-03-17017 March 1997
NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License
ML20136F3411997-03-10010 March 1997
NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc
ML20136F2351997-03-10010 March 1997
NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam
ML20129D6681996-10-18018 October 1996
NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance
ML20082G8931991-08-0202 August 1991
Licensee Opposition to Petition for Hearing & Leave to Intervene.* Hearing Re Notice of Violation & Proposed Imposition of Civil Penalty Re Facility.Petition Should Be Denied Due to Listed Reasons.W/Certificate of Svc
ML20070E7721991-02-25025 February 1991
NRC Staff Response to Licensee Motion to Reject or Strike Appellant Reply.* Sarcastic Language in Reply Should Be Stricken & Applellant Should Be Required to Provide Supplementary Info.W/Certificate of Svc
ML20070C1971991-02-19019 February 1991
Licensee Reply to Appeal Request of Tj Saporito.* Licensee Adopts Position & Argument of NRC as Stated in Appeal. W/Certificate of Svc
ML20066G9711991-02-0808 February 1991
Licensees Motion to Reject or Strike Petitioners Reply to Motion to Dismiss.* Moves Aslab to Reject or Strike Nuclear Energy Accountability Project 910128 Reply Due to Discourteous & Insulting Tone of Reply.W/Certificate of Svc
ML20073E0511991-01-28028 January 1991
Reply.* Board of Directors of Nuclear Energy Accountability Project (Neap) Have Not Decided to Dissolve Neap.Tj Saporito Notification That Neap Will Dissolve by 901231 Was Outside Authority.Aslb 910110 Order Is Moot.Appeal Should Be Valid
ML20070A0371991-01-0909 January 1991
Licensee Answer to Petitioner Motion for Reconsideration.* Request for Hearing & Intervention Should Be Denied Due to Petitioner Lack of Standing & Timing of Contentions Is Moot. W/Certificate of Svc
ML20066D5981990-12-26026 December 1990
Reply to Answers to Petition & Amended Petition.* Intervenor Finds ASLB 901206 Order Premature & Requests That Hearing on Record Be Granted
ML20066A2531990-12-21021 December 1990
Motion for Order to Show Cause Why Nuclear Energy Accountability Project (Neap) Should Not Be Dismissed from Proceeding.* Unless Aslab Denies Appeal Prior to 901231,NEAP Should Show Cause for Dismissal.W/Certificate of Svc
ML20066A1081990-12-19019 December 1990
Motion for Order to Show Cause Why Proceeding Should Not Be Terminated.* Nuclear Energy Accountability Project Should Be Directed to Show Why Proceeding Should Not Be Terminated, Unless Appeal Denied Prior to 901231.W/Certificate of Svc
ML20065T8771990-12-13013 December 1990
Motion to Withdraw.* Withdraws from Proceeding Due to Dissolution of Organization,Effective 901231.W/Certificate of Svc.Served on 901213.Granted for Licensing Board on 901212
ML20065T7851990-12-13013 December 1990
Licensee Response to Motion to Withdraw.* Licensee Lack of Objection to Withdrawal of Nuclear Energy Accountability Project from Proceeding Noted.W/Certificate of Svc
ML20065T7921990-12-0808 December 1990
Motion to Withdraw.* Nuclear Energy Accountability Project Will Be Dissolved Effective 901231.W/Certificate of Svc
ML20065T8461990-12-0505 December 1990
Licensee Response to Notices of Change of Address.* Inconsistencies Re Issue of Standing Have Been Injected Into Proceeding by Notices.W/Certificate of Svc
ML20062B9861990-10-11011 October 1990
Licensee Opposition to Nuclear Energy Accountability Project (Neap) Request to Change Location of Oral Argument.* Neap Request to Transfer Location of Oral Argument Should Be Denied.W/Certificate of Svc
ML20059L8401990-09-14014 September 1990
Applicant Response to Memorandum & Order (Motion to Dismiss).* Board Should Not Undertake Sua Sponte Review Due to Board Lacking Jurisdiction.W/Certificate of Svc
ML20059C5021990-08-31031 August 1990
NRC Staff Response to Licensing Board Order of 900717.* Requests That Licensing Board Refrain from Raising Sua Sponte Issues
ML20059A8941990-08-16016 August 1990
Opposition to Motion for Extension of Time to Appeal.* Requests That Nuclear Energy Accountability Project 900813 Motion for Extension of Time to File Brief in Support of Appeal Be Denied.W/Certificate of Svc
ML20059B0161990-08-13013 August 1990
Motion for Extension of Time to Appeal.* Board Should Grant Extension of Time to Insure Intervenor Has Opportunity to Fully & Completely Address Issues on Appeal.W/Certificate of Svc
ML20059A8791990-08-13013 August 1990
Motion for Extension of Time to Appeal.* Requests Extension of 15 Days to File Brief in Support of Appeal.W/Certificate of Svc.Served on 900817.Granted for Appeal Board on 900817
ML20056B2181990-08-10010 August 1990
NRC Staff Motion for Extension of Time.* Requests Extension of Time Until 900831 to File Response to Licensing Board 900717 Order,Per 10CFR2.711.W/Certificate of Svc
ML20056B2011990-08-0303 August 1990
Licensee Motion for Leave to Submit Citation to Supplemental Authority.* Licensee Moves for Leave to Call Recent Supreme Court Authority to Attention of Appeal Board.W/Certificate of Svc.Served on 900803.Granted for Appeal Board on 900803
ML20056A3751990-07-31031 July 1990
NRC Staff Response to Licensee Motion to Submit Citation to Supplemental Authority.* NRC Has No Objection to Granting of Licensee 900716 Motion.W/Certificate of Svc
ML20056A3821990-07-25025 July 1990
Notice of Appeal.* Requests Oral Argument on Issue of Standing & That Argument Be Held in Miami,Fl to Permit Fair & Equitable Opportunity to Address Issue in Proceeding. W/Certificate of Svc
ML20055G6491990-07-16016 July 1990
Licensee Motion for Leave to Submit Citation to Supplemental Authority.* Licensee Moves for Leave to Call Recent Supreme Court Authority to Attention of Appeal Board & Parties. Certificate of Svc Encl
ML20055G7851990-07-12012 July 1990
NRC Staff Response to Applicant Motion for Reconsideration.* Advises That Nuclear Energy Accountability Project Has Not Established Standing to Intervene in Proceeding,Therefore, Petition Should Be Denied.W/Certificate of Svc
ML20055F5891990-07-0606 July 1990
NRC Staff Response to Motions for Change of Location of Oral Argument.* NRC Does Not See Necessity for Aslab to Depart from Practice of Holding Oral Arguments in Bethesda,Md. Motion Should Be Denied.W/Certificate of Svc
ML20058K7551990-06-24024 June 1990
Intervenor Motion for Reconsideration of Appeal Board Order Setting Oral Argument.* Requests That Appeal Board Move Oral Argument Scheduled for 900710 in Bethesda,Md to Miami,Fl. Certificate of Svc Encl
ML20055D9241990-06-20020 June 1990
Appellant Motion to Move Place of Oral Argument.* Appellant Motion Should Be Granted.W/Certificate of Svc
ML20043H1801990-06-19019 June 1990
Unopposed Request for 1-day Extension.* Extension Requested in Order to Seek Legal Advise Re Board 900615 Order on Intervention Status.Granted for ASLB on 900619. Served on 900620.W/Certificate of Svc
ML20043A6761990-05-17017 May 1990
Applicant Reply to Nuclear Energy Accountability Project (Neap) Response to ASLB Memorandum & Order.* Neap Petition to Intervene Should Be Denied & Proceeding Dismissed.W/ Certificate of Svc
ML20042E6011990-04-20020 April 1990
Intervenors Answer to Applicant 900413 Response & Intervenors Motion for Sanctions Against Applicant & Intervenors Motion for Leave to Amend Contentions.* Certificate of Svc Encl
ML20012F7051990-04-13013 April 1990
Applicant Response to Notice of Withdrawal from Proceeding.* Advises That Nuclear Energy Accountability Project (Neap) No Longer Has Standing Since Saporito Withdrew from Proceeding & Neap Has Not Established Standing.W/Certificate of Svc
ML20011F1081990-02-23023 February 1990
Intervenors Motion for Extension of Time to File Appeal Brief.* Extension Requested to File Brief Due to Intervenor J Lorion Involved W/Family Health Matters.W/Certificate of Svc.Served on 900226.Granted for Aslab on 900223
ML20011F1151990-02-23023 February 1990
Intervenors Motion for Extension of Time to File Appeal Brief.* Requests 5-day Extension Until 900305 to File Appeal Brief Due to Author Family Health Matters Interfering W/ Ability to Meet Commitments.W/Certificate of Svc
1998-02-26
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National Litigation Consultants Nuckar Hklstltbtowcr Spcclullsr5 42K Wcct ladtaaenra Road, Salte 7455, Je piter, Ftorlda 33458 Voice: {56t) 622 l667 Facclmllc: (56I) 622 i%I or (561) 7646615 latcract E-Matt Rcccircd at TS4574g BELLSOUTHJVET April 23, 1997 Hon. Shirley Jackson, Chairman US. Nuclear Regulatory Commission White Flint Building Washington, D.C. 20555 RE: PETITION UNDER 10 C.F.R. 2.206 REQUEST FOR AGENCY ACTION
Dear Chairman Jackson:
In accordance with U.S. Nuclear Regulatory Commission ("NRC") regulations t found at Title 10 of the Code of Federal Regulations, the undersigned and National Litigation Consultants
("NLC"), (hereinafter "Petitioners" ) submit this request for action by the NRC with respect to its licensee, Florida Power & Light Company ("FPL") operators of the St. Lucie nuclear station Units 1 and 2 and the Turkey Point nuclear station Units 3 and 4 as fully described below:
that the NRC take enforcement action to modify, suspend, or revoke FPL's operating licenses for all four nuclear reactors until such time as the licensee can sufficiently demonstrate to the NRC and the public that employees at the licensee's nuclear facilities are exposed to a work environment which encourages employees to freely raise safety concerns directly to the NRC without being required to first identify their perceived safety concerns to the licensee; that the NRC take gscala~ enforcement action in accordance with 10 C.F.R. 2.202 and/or in accordance with other NRC regulations due to discriminatory'ractices of the licensee in violation of NRC regulations at 10 C.R.F. 50.7 and/or in accordance with other NRC regulations; and that the enforcement action be escalated retroactive from the initial occurrence of the violation by the licensee; This provision is contained in Subpart B, Section 2.206 of the NRC's regulations.
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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2.206 (FPL)
Page 2 of 5
- 3. that the NRC, through its Agency's Atomic Safety and Licensing Board ("ASLB")
conduct a public hearing and permit Petitioners leave to intervene at said hearing to perfect an evidentiaty record in consideration of whether the licensee has violated NRC ';
requirements and/or regulations with respect to the operating licenses the Agency issued to the licensee to aHow operation of its nuclear facilitics; that the NRC require the licensee to post a written notice along side each NRC Form-3 currently posted at the licensee's nuclear facilitics, which alerts cmployccs that they can dilly, contact the NRC about safety concerns without grat having to identify their safety concerns to the licensee; that the NRC require the licensee to provide a copy the aforementioned posted communications to all employees at the licensee's nuclear facilities and to take necessary measures to insure that all employees are made aware of those communications through the licensee's General Employee Training Program;
- 6. that the NRC require the licensee to provide the Agency with written documents authored by Mr. James Broadhead, or other office of thc licensee under affirmation that the.
Agency's requit'ements as described above in items 4 and 5 have been fully complied with.
On May 14, 1996, thc NRC issued a policy NMnent "to set forth its expectation that licensees and other employers 'subject to NRC authority will establish and maintain safetywonscious environments in which employees feel See to raise safety concerns, both to their management and to the NRC, without fear of retaliation."
61 Fed. Reg.
24336 (May l4. 1996). The policy statement, inter aDa, stresses, among other things. that management should provide leadership in this regard... 61 FcL Reg. at 24340.
The NRC has authority to penalize its licensees. The NRC can take enforcement action pursuant to 10 C.F.R. 50.7 based on discrinunation by an employer even though the Department of Labor ("DOL") has not made a prior detemination that section 210 of the Energy
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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2.206 (FPL)
Page 3 of 5 Reorganization Act2 ("ERA") was violated. Notably, the NRC and DOL have complementary, yet independent authorities and responsibilities in protecting employees &pm discrimination and retaliation for raising matters bearing on nuclear safety. Section 210/211 cmpowcrs DOL to grant remedies directly to cmployccs who have suffere discrimination for engaging in protected activities; it does not limit NRC's authority under the Atomic Energy Act to investigate alleged discrirniriation and take action to combat it Qc,
'IR(4222351 5 d. 2 5, 25(27 (D 5: 554(3, dgd(RER.34537( d I 5 I g money penalty, July 10, 1986).
The NRC has a Congressional mandate to investigate licensees general employment practices to detcrminc whether those practices are having a "chilling effect" on would-be whistleblowcrs. That mandate is quite distinct &om that of the DOL:
"Thc PORC's] investigatory powers and those of the [DOL) under
[5851] neither serve the same purpose nor are invoked in the same manner. They are, rather, complementary, not duplicative...
Under [5851] the [DOLj apparently lacks two remedial powers-which the [NRC) possesses-..'. the right to take important action against the amploycr, and the... authority to do so immediately..'. The [DOL] may order only reinstatcmcnt and back pay-not correction of the dangerous practices themselves."
Union Electric, 9 NX.C. at 138; cf. 42 U.S.C. 5851(j)(2)(a DOL finding that a retaliation claim has no merit "shall not be considered by the [NRC] in its determination of whether a substantial safety hazard exits").
1996 U.S. App. LEXIS 202 (2d Cir. 1995).
On June 3, 1994, the Secretary of Labor ("SOL") found Respondent FPL to have violated the ERA when it discharged an employee who engaged the NRC with safety concerns at the Turkey Point nuclear station. The SOL's findings werc further supported in an Order of Fcbruaty 15, 1995. The matter was remanded to the Administrative Law Judge ("ALJ") for further The ERA was amended by the National Energy Policy Act of 1992 and is now coded as section 211.
Fnus: Ttussas g Napetso Jr. Natonal Lluoalon c nsuksnts Fax: 541) e22 1241 volso: Full) 822 1047 To: Hon. shay Jsdaon ac IALHukoar Rogulaaory commlaalon pago c st 2 ThLsssay pyg 2a, 12oT 1o
~ . 0 Hon. Shirley Jackson, Chairman U.S. Nuclear Rcgu1atoty Commission Pctititon 2.206 (FPL)
Page4of5 consideration and issuance of a new rcconunended decision and order. Sec, Case Nos. 89-ERA-07 and 17 (consolidated).
The parties in that matter filcd post-hearing briefs on April 22, 1997, in support of their respective positions in that matter. Petitioners have enclosed a copy of Complainant's brief as further construction in support of their basis in this petition.
Subsequent to FPL's illegal termination of the employee in Case Nos. 89-ERA-7/17, the NRC failed to take any. cnforccment action against thc licensee with respect to 10 C.F.R. 50.7, and instead has taken thc posture to await a finding by the DOL notwithstanding several requests for Agency action. ScL (July 7, 1989).
~
As a direct result of the NRC's impotcncc and failure to timely implement its mandate in protecting licensee employees and the general public, a "chilling effect" was instilled at FPL's nuclear facilities and has continued to dissuade emp)oyees from raising safety concerns.
Moreover, FPL continues to discriminate against its employees in violation of NRC regulations at 10 C.F.R. 50.7. Again, thc liccnscc's continuing pattern and practice of discriminating against 3 3 N' I . h employees who engage in protected activity is a direct result of the NRC's hx attitude in taking C
1993, slip op. at 22, involving an employee of a contractor of FPL at Turkey Point; Robbing~
N . Py-EEE 33, 3 'y. D . I I ly 92-ERA-10, D&RO Jan. 19, 1996; 96-STA-7 (ALJ Oct. 24, 1997);
Cerning95-ERA-53 (Sec'y Fcb. 21, 1996);
92-ERA-26 (Sec'y June 28, 1993); 91-ERA-50 (ALJ Jan. 7, 1992); 93-ERA-30 (Sec'y July 13, 1995); and 91-ERAA7 (ALJ Dcc. 4, 1992).
Thc Petioners and thc public are cntitlcd to have the NRC take enforcement action against FPL to insure that the channels of information from FPL's employees to the NRC remains open and unfettered by discriminatory practices of FPL, In that vein, Petitioners'equest for a public hearing before the NRC's ASLB is wholly warranted as a matter of public pplicy and should bc granted by the NRC.
From 2)romaa J aarorrro Jr Na5analLrrra5on conmmanra Fax Iw)422 12a1 v¹co l)r)1) 52215pf To Non Nr)rlay Jackson at Ils NrNcaar Rayrr¹ory comm)a¹on paao5ofd '))xrrsrray ~2a 1252 15
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Hon. Shirley Jackson, Chairman U.S. Nuclear Regulatory Commission Petititon 2206 (FPL)
Page 5 of5 For all the above stated reasons, Petitioners seek NRC action in this rnatter.
RESPECTFULLY SUBMITTED, this 23rd day ofApril, 1997.
NATIONALLITIGATIONCONSULTANTS Thomas J. Saponto, Jr.
Executive Director cc: w/o attachment Hon. Bill Clinton, President Carolyn Evans, Esq.
United States of America U.S.N,R.C. Region II The White House 101 Marietta St., NW Suite 2900 1600 Pennsylvania Ave., NW Atlanta, OA 30323 Washington, DC 20500 Louis Reycs, Administrator Oscar De Miranda, SAC U.S.N.R.C. Region II U.S.N.R.C. Region 0 101 Marietta St., NW, Suite 2900 101 Marietta St., NW Suite 2900 Atlanta GA 30323 Atlanta, GA 30323 General Media Distribution List (NLC)
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Gate: Thursday, April 24, 1997 Tims: 9:57:08 AM 6 Pages To: Hon. Shirley Jackson From: Thomas J. Saporito, Jr.
U.S. Nulcear Regulatory Commission National Litigation Consultants Fax: (301) 415-3200 Fax: (561) 622-1241 Voice: Voice: (561) 622-1667 Comments:
