ML081280839

G20080317/EDATS: OEDO-2008-0362 - Thomas Saporito Ltr. Re 2.206 - Suspension of Licensee Operating Licenses DPR-31 and DPR-41 for Turkey Point

ML081280839
Person / Time
Site:	Turkey Point
Issue date:	04/27/2008
From:	Saporito T - No Known Affiliation
To:	Reyes L NRC/EDO
Shared Package
ML081750693	List: ML081280839
References
2.206, G20080317, OEDO-2008-0362
Download: ML081280839 (9)

Text

EDO Principal Correspondence Control FROM: DUE: 06/05/08 EDO CONTROL: G20080317 DOC DT: 04/27/08 FINAL REPLY:

Thomas Saporito Citizen of the United States of America TO:

Reyes, EDO FOR SIGNATURE OF : ** GRN ** CRC NO:

Leeds, NRR DESC: ROUTING:

2.206 - Suspension of Licensee Operating Licenses Borchardt DPR-31 and DPR-41 for Turkey Point Virgilio (EDATS: OEDO-2008-0362) Mallett Ash Ordaz Burns DATE: 05/06/08 Reyes, RII Carpenter, OE ASSIGNED TO: CONTACT: Caputo, 01 Cyr, OGC NRR Leeds Marco, OGC Mensah, NRR SPECIAL INSTRUCTIONS OR REMARKS:

-cc) E~U-QQ1 EbO~-O

EDATS Number: OEDO-2008-0362 Source: OEDO GeerlInfraio Assigned To: NRR OEDO Due Date: 6/5/2008 5:00 PM Other Assignees: SECY Due Date: NONE

Subject:

2.206 - Suspension of Licensee Operating Licenses DPR-31 and DPR-41. for Turkey Point

==

Description:==

CC Routing: Region II; OE; 01; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE Ote Inforatio Cross Reference Number: G200803 17 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson.Learned: NO Roadmap Item: NO Action Type: 2.206 Review Priority: Medium Sensitivity: None Signature Level: NRR Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions:

Originator Name: Thomas Saporito Date of Incoming: 4/27/2008 Originating Organization: Citizen of the United States of Document Received by OEDO Date: 5/6/2008 America Addressee: L. Reyes, EDO Date Response Requested by Originator: NONE Incoming Task Received: Letter Page 1 of I

April 27, 2008 Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 RE: 10 CFR 2.206 PETITION - DOCKET NOS.: 50-250, 50-251 LICENSE NOS.: DPR-31, DPR-41 REQUEST FOR SUSPENSION OF LICENSEE OPERATING LICENSES DPR-31 AND DPR-41 FOR THE TURKEY POINT NUCLEAR STATIONS REQUEST FOR PUBLIC HEARING

§ 2.206 Requests for action under this subpart.

(a) Any person may file a request to institute a proceeding pursuant to § 2.202 to modify, suspend, or revoke a license, or for any other action as may be proper.

Requests must be addressed to the Executive Director for Operations and must be filed either by hand delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or telegram addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by electronic submissions, for example, via facsimile, Electronic Information Exchange, e-mail, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time.

Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html,by calling (301) 415-0439, by e-mail to EIE@nrc.gov; or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director of the NRC office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Director of the NRC office with responsibility for the subject matter of the request shall either institute the requested proceeding in accordance with this subpart or shall advise the person who made the request in writing that no proceeding will be instituted in whole or in part, with respect to the request, and the reasons for the decision.

(c)(1) Director's decisions under this section will be filed with the Office of the Secretary. Within twenty-five (25) days after the date of the Director's decision EDO -- G20080317

under this section that no proceeding will be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commission's supervisory power over delegated staff actions or the Commission's power to consult with the staff on a formal or informal basis regarding institution of proceedings under this section.

(2) No petition or other request for Commission review of a Director's decision under this section will be entertained by the Commission.

(3) The Secretary is authorized to extend the time for Commission review on its own motion of a Director's denial under paragraph (c) of this section.

[39 FR 12353, Apr. 5, 1974, as amended at42 FR 36240, July 14, 1977; 45 FR 73466, Nov. 5, 1980; 52 FR 31608, Aug. 21, 1987; 53 FR 43419, Oct. 27, 1988; 64 FR 48948, Sept. 9, 1999; 68 FR 58799, Oct. 10, 2003; 69 FR 2236, Jan. 14, 2004; 69 FR 41749, July 12, 2004; 70 FR 69421, Nov. 16, 2005; 72 FR 33386, Jun. 18, 2007]

Backcqround:

On April 9, 2008, the United States Nuclear Regulatory Commission ("NRC")

issued a Notice of Violation and Proposed Imposition of Civil Penalty - $130,000 (Turkey Point Nuclear Plant - NRC Office of Investigations Report No. 2-0006-013). The licensee and plant operator, Florida Power & Light Company ("FPL" or "Licensee") was duly informed of the agency's enforcement action by documents sent directly to Mr. J.A. Stall, Senior Vice President Nuclear and Chief Nuclear Officer regarding NRC EA-07-138 which is the subject of the undersigned's 2.206 Petition. Specifically, the NRC found that FPL security officers employed by Wackenhut Nuclear Services ("WNS") were willfully inattentive to duty (sleeping) during 2004 - 2006. The result of the NRC Office of Investigations ("O1"), found apparent violations of 10 CFR 73.55(f)(1) and the Licensee was duly notified of the same by letter dated October 30, 2007.

Specific Requests:

1. The undersigned United States Citizen, Thomas Saporito, hereinafter,

("Petitioner") requests that the NRC take actions to immediately suspend the Licensee's operating licenses DPR-31 and DPR-41 until such time as the Licensee can demonstratively demonstrate to the NRC and to the general public that the it is in full compliance with 10 CFR 73.55(f)(1);

2. The Petitioner requests that the NRC issue a Notice of Violation with a

$500,000 Civil Penalty to WNS for its part in violating 10 CFR 73.55(f)(1);

3. The Petitioner requests that the NRC increase the amount of the Civil Penalty Imposed on the Licensee from $130,000 to $1,000,000.

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4. The Petitioner requests that the Licensee not be allowed to participate in the NRC Alternative Dispute Resolution ("ADR") (NUREG/BR-0317) program.

5. The Petitioner requests that the WNS not be allowed to participate in the NRC Alternative Dispute Resolution ("ADR") (NUREG/BR-0317) program.

6. The Petitioner requests that the NRC Order the Licensee to post this 2.206 Petition at TPN and at the Licensee's St. Lucie Nuclear Stations.

7. Petitioner request that the NRC hold a public hearing granting Petition Leave to Intervene in such hearing regarding the substance of this 2.206 petition.

Basis and Justification:

• 10 CFR 73.55 provides requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.

• 10 CFR 73.55 (f) (1), requires that each guard, watchman or armed response individual on duty shall be capable of maintaining continuous communication with an individual in each continuously manned alarm station required by paragraph (e)(1) of this section, who shall be capable of calling for assistance from other guards, watchmen, and armed response personnel and from local law enforcement authorities.

• Contrary to the above, during 2004-2006, six security officers at the Licensee's Turkey Point Nuclear Station ("TPN") were willfully inattentive to duty, or willfully served as lookouts such that security officers could be inattentive to duty. Included in these multiple examples was an incident that occurred on April 6, 2006, in which a security officer was observed by an NRC inspector to be inattentive to duties while standing duty on a vital area compensatory post. The activities of these security officers precluded the Licensee from adhering to 10 CFR 73.55(f)(1) insofar as the officers were not capable of maintaining continuous communication with an individual in each continuously manned alarm station.

• By letters dated February 28, and March 14, 2008, the Licensee stated that it could not substantiate that all the incidents (violations cited by the NRC) occurred. Specifically, the Licensee brazenly stated with respect to the incident that occurred on April 6, 2006, that it could not substantiate that the security officer had been inattentive ... and the Licensee disagreed that a violation occurred regarding the April 6, 2006, incident. Notably, the Licensee made this frivolous assertion despite the NRC's 01 investigation that documented the Licensee's WNS security officer's statements which substantiate, in part, that a violation occurred.

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• Petitioner asserts here that the Licensee's violation of 10 CFR 73.55 and 10 CFR 73.55(f)(1) is a significant security concern requiring the immediate suspension of the Licensee's operating licenses DPR-31 and DPR-41 and escalated enforcement action by increasing the amount of the civil penalty from $130,000 to $1,000,000.

" Petitioner asserts that due to inattentive security force members the Licensee's cannot provide high assurance that its security response strategy can be effectively implemented. Therefore, public health and safety is at risk to an air borne radiological release of materials from TPN from a possible act of sabotage or a possible act of terrorism by Al Queada and/or other terrorist organizations. See, http://www.conservativenewswarriors.com/news-nuclear-suitcases.html.

" Petition asserts here that the willful aspects and the complicity and facilitation by other Licensee WNS personnel of inattentive behavior on the part of fellow security personnel on duty (covering for the sleepers), is of particular concern to the Petitioner and cannot be tolerated by the NRC or the general public at any level.

" Petitioner asserts here that the facts in the instant action clearly show that multiple examples were identified by the NRC 01 and certainly indicates that the Licensee's behavior and the behavior of WNS was more than a mere isolated occurrence during the 2004-2006 time period.

" Petitioner asserts here that the Licensee and/or WNS continues operations at TPN under NRC licenses DPR-31 and DPR-41 in direct violation of 10 CFR 73.55 and 10 CFR 73.55 (f) (1). Indeed, on January 22, 2008, the NRC issued a significant enforcement action and civil penalty (EA-07-110, 113, 116, 119) to the Licensee for various security-related violations that occurred at TPN during the 2004-2006 time period. The NRC attributed the cause of these previous violations to be due, in part, to a substantial lack of oversight by the Licensee in its day-to-day and managerial oversight of its onsite security contractor WNS, and its security program. Moreover, the multiple examples involving security guard inattentiveness and the complicity and/or facilitation by other security personnel to support inattentive behavior that are the subject of EA-07-138, convincingly demonstrate the Licensee's lack of management control of the TPN security program to date.

Petitioner asserts here that the Licensee has previously failed to timely correct security violations at TPN cited by the NRC and that the Licensee's prior responses to the NRC are insufficient to permit the NRC to conclude that the Licensee has determined the root and contributing causes of the violation examples, such that the agency can conclude that prompt and comprehensive corrective actions were taken that will prevent violations of 4

similar root causes. Notably, based on the NRC's review of previously docketed correspondence, including the Licensee's response to NRC Bulletin 2007-001, the Licensee's letter dated February 28, 2008, and the Licensee's letter dated March 14, 2008, the NRC determined that the Licensee's response was insufficient to permit the NRC to conclude that the Licensee has determined the root and contributing causes of the violation examples, such that the agency can conclude that prompt and comprehensive corrective actions were taken that will prevent violations of similar root causes.

Moreover., the Licensee failed to provide the NRC sufficient detail as to specific corrective actions that have been taken or planned to address recurring problems with its lack of managerial oversight of its onsite security contractor WNS.

• Petitioner asserts here that a public hearing is wholly warranted in this particular situation where the United States of American ("USA") is engaged in a war with terrorist organizations such as Al Queada and others that have the potential to sabotage and/or cause a radiological release of materials into the atmosphere and place the health and safety of the general public in great danger. Moreover, the Licensee's brazen denial that security violations occurred at TPN clearly demonstrate that the Licensee has no regard or intention to comply with 10 CFR 73.55 and 10 CFR 73.55 (f) (1) as required under the Atomic Energy Act of 1954 as amended and as required under the Licensee's NRC operating licenses DPR-31 and DPR-41. Clearly the Petitioner and the public have a right to question the Licensee's behavior regarding these matters at a public hearing on the record.

Respectfully submitted, Thomas Saporito Citizen of the United States of America 1030 Military Tr. #25 Jupiter, Florida 33458 Voice: (561) 283-0613 FAX: (561) 214-4304 Email: saporito3CcDqmail.com 5

A copy of the foregoing was provided to the following by regular U.S. mail service on 27 APR 2008:

J.A. Stall, Senior Vice President Nuclear and Chief Nuclear Officer P.O. Box 14000 Juno Beach, Florida 33408-0420 Attorney Genera Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Hon. George W. Bush President of the United States of America The White House 1600 Pennsylvania Ave., N.W.

Washington, D.C. 20500 National and Local Media 6

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