ML16155A202
| ML16155A202 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 06/03/2016 |
| From: | Michael Gibson Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 51139 | |
| Download: ML16155A202 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) June 3, 2016 DISCLOSURE Pursuant to 10 C.F.R. § 2.347(c), the Board hereby notifies Citizens Allied for Safe Energy, Inc., Florida Power & Light Company, and the NRC Staff that the Board received the attached email concerning the merits of this proceeding on June 1, 2016.1 This communication will not be considered by the Board for any purpose or in any manner.2 FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 3, 2016 1 Under 10 C.F.R. § 2.347(a)(1), [i]nterested persons outside the agency may not make or knowingly cause to be made to any Commission adjudicatory employee, any ex parte communication relevant to the merits of the proceeding. Although a non-party might not be covered by the ex parte rules . . . because it may not be an interested person, Philadelphia Electric Co. (Limerick Generating Station, Units 1 & 2), CLI-86-18, 24 NRC 501, 504-05 (1986),
the Board is making this disclosure out of an abundance of caution.
2 This Disclosure has been served this date by the Office of the Secretary on those designated in the accompanying service list through the agencys E-filing system and by e-mail.
ATTACHMENT 1 From: Thomas Saporito [1]
Sent: Wednesday, June 01, 2016 8:54 AM To: Gibson, Michael <Michael.Gibson@nrc.gov>; Kennedy, Michael <Michael.Kennedy@nrc.gov>; Sager, William <William.Sager@nrc.gov>; nicole.peperl@nrc.gov; jennifer.scro@nrc.gon; hearingdoc@nrc.gov; bwtamia@bellsouth.net; Klett, Audrey <Audrey.Klett@nrc.gov>
Subject:
[External_Sender] May 31, 2016 ASLB Initial Decision - FPL Turkey Point Nuclear Plant Hon. Chairman:
To the extent that the U.S. Nuclear Regulatory Commission (NRC) - Atomic Safety and Licensing Board (ASLB) has rendered an Initial Decision on May 31, 2016 - in the matter of the Florida Power & Light Company (FPL) - Turkey Point Nuclear Plant (TPN) Cooling Canal System (CCS) - the ASLB has erred as a matter of law - and should reconsider its Initial Decision for the reason(s) stated herein.
The NRC Petition Review Board (PRB) is actively engaged in consideration of a Petition filed under 10 CFR 2.206 - seeking enforcement action against the licensee FPL - related to licensed operations at the TPN facility with respect to the CCS. The undersigned petitioner has engaged the NRC Office of the Inspector General (OIG) to monitor the proceeding as there appears to be overwhelming evidence that the NRC Staff who participated in approving the licensee's LAR to allow licensed operations at the TPN facility with a CCS temperature increase to 104 degrees (F)
- knew that the LAR should have been denied for the reasons stated in the ASLB's Initial Decision and argued by the opposing party in the ASLB proceeding.
Moreover, there also appears to be substantial evidence showing that NRC personnel appear to have engaged in a "cover-up" of documentation that evidences that the NRC Staff was fully aware that the licensee's LAR should have been DENIED - none-the-less - the NRC Staff knowingly approved the LAR.
To the extent that further public engagement with the NRC PRB is expected by the undersigned in the near future - as required under 10 CFR 2.206 - the evidence of apparent "wrong-doing" by the NRC Staff in approving the licensee's LAR will be discussed and turned over to the NRC OIG accordingly. The ASLB is urged to attend the upcoming NRC PRB teleconference.
NRC Project Manager - Audrey Klett is the NRC Contact Person - Audrey.Klett@nrc.gov Respectfully, Thomas Saporito Thomas Saporito 401 Old Dixie Hwy. Unit 3525 Tequesta, Florida 33469 Voice: (561) 972-8363 Email: saprodani@gmail.com
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA
)
)
(Turkey Point Nuclear Generating )
Units 3 & 4)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing DISCLOSURE have been served upon the following persons by Electronic Information Exchange and by electronic mail.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-16 F3 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.
David Roth, Esq.
Dr. William W. Sager Catherine Scott, Esq.
Administrative Judge Catherine Kanatas, Esq.
E-mail: william.sager@nrc.gov Matthew Ring, Esq.
John Tibbetts, Paralegal Nicole Pepperl, Law Clerk E-mail: brian.harris@nrc.gov E-mail: nicole.pepperl@nrc.gov david.roth@nrc.gov catherine.scott@nrc.gov Jennifer Scro, Law Clerk catherine.kanatas@nrc.gov E-mail: jennifer.scro@nrc.gov matthew.ring@nrc.gov john.tibbetts@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA DISCLOSURE Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE) 700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 3rd day of June, 2016 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) June 3, 2016 DISCLOSURE Pursuant to 10 C.F.R. § 2.347(c), the Board hereby notifies Citizens Allied for Safe Energy, Inc., Florida Power & Light Company, and the NRC Staff that the Board received the attached email concerning the merits of this proceeding on June 1, 2016.1 This communication will not be considered by the Board for any purpose or in any manner.2 FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 3, 2016 1 Under 10 C.F.R. § 2.347(a)(1), [i]nterested persons outside the agency may not make or knowingly cause to be made to any Commission adjudicatory employee, any ex parte communication relevant to the merits of the proceeding. Although a non-party might not be covered by the ex parte rules . . . because it may not be an interested person, Philadelphia Electric Co. (Limerick Generating Station, Units 1 & 2), CLI-86-18, 24 NRC 501, 504-05 (1986),
the Board is making this disclosure out of an abundance of caution.
2 This Disclosure has been served this date by the Office of the Secretary on those designated in the accompanying service list through the agencys E-filing system and by e-mail.
ATTACHMENT 1 From: Thomas Saporito [2]
Sent: Wednesday, June 01, 2016 8:54 AM To: Gibson, Michael <Michael.Gibson@nrc.gov>; Kennedy, Michael <Michael.Kennedy@nrc.gov>; Sager, William <William.Sager@nrc.gov>; nicole.peperl@nrc.gov; jennifer.scro@nrc.gon; hearingdoc@nrc.gov; bwtamia@bellsouth.net; Klett, Audrey <Audrey.Klett@nrc.gov>
Subject:
[External_Sender] May 31, 2016 ASLB Initial Decision - FPL Turkey Point Nuclear Plant Hon. Chairman:
To the extent that the U.S. Nuclear Regulatory Commission (NRC) - Atomic Safety and Licensing Board (ASLB) has rendered an Initial Decision on May 31, 2016 - in the matter of the Florida Power & Light Company (FPL) - Turkey Point Nuclear Plant (TPN) Cooling Canal System (CCS) - the ASLB has erred as a matter of law - and should reconsider its Initial Decision for the reason(s) stated herein.
The NRC Petition Review Board (PRB) is actively engaged in consideration of a Petition filed under 10 CFR 2.206 - seeking enforcement action against the licensee FPL - related to licensed operations at the TPN facility with respect to the CCS. The undersigned petitioner has engaged the NRC Office of the Inspector General (OIG) to monitor the proceeding as there appears to be overwhelming evidence that the NRC Staff who participated in approving the licensee's LAR to allow licensed operations at the TPN facility with a CCS temperature increase to 104 degrees (F)
- knew that the LAR should have been denied for the reasons stated in the ASLB's Initial Decision and argued by the opposing party in the ASLB proceeding.
Moreover, there also appears to be substantial evidence showing that NRC personnel appear to have engaged in a "cover-up" of documentation that evidences that the NRC Staff was fully aware that the licensee's LAR should have been DENIED - none-the-less - the NRC Staff knowingly approved the LAR.
To the extent that further public engagement with the NRC PRB is expected by the undersigned in the near future - as required under 10 CFR 2.206 - the evidence of apparent "wrong-doing" by the NRC Staff in approving the licensee's LAR will be discussed and turned over to the NRC OIG accordingly. The ASLB is urged to attend the upcoming NRC PRB teleconference.
NRC Project Manager - Audrey Klett is the NRC Contact Person - Audrey.Klett@nrc.gov Respectfully, Thomas Saporito Thomas Saporito 401 Old Dixie Hwy. Unit 3525 Tequesta, Florida 33469 Voice: (561) 972-8363 Email: saprodani@gmail.com
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA
)
)
(Turkey Point Nuclear Generating )
Units 3 & 4)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing DISCLOSURE have been served upon the following persons by Electronic Information Exchange and by electronic mail.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-16 F3 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.
David Roth, Esq.
Dr. William W. Sager Catherine Scott, Esq.
Administrative Judge Catherine Kanatas, Esq.
E-mail: william.sager@nrc.gov Matthew Ring, Esq.
John Tibbetts, Paralegal Nicole Pepperl, Law Clerk E-mail: brian.harris@nrc.gov E-mail: nicole.pepperl@nrc.gov david.roth@nrc.gov catherine.scott@nrc.gov Jennifer Scro, Law Clerk catherine.kanatas@nrc.gov E-mail: jennifer.scro@nrc.gov matthew.ring@nrc.gov john.tibbetts@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA DISCLOSURE Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE) 700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 3rd day of June, 2016 2