ML20136A845

Partially Withheld Memo Discussing Directors Decision 95-07 Which Denies Petitioners Request for Various Enforcment Actions Against Florida Power & Light & Its Employees

ML20136A845
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	06/05/1995
From:	Winsberg K NRC
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML20136A623	List: ML20136A618 ML20136A675 ML20136A681 ML20136A718 ML20136A740 ML20136A787 ML20136A845 ML20136A861 ML20136A891 ML20136A898 ML20136A910 ML20136A924 ML20136A928
References
FOIA-96-485 2.206, DD-95-07, DD-95-7, NUDOCS 9703100060
Download: ML20136A845 (2)

Text

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Jude 5,,1995 F Note To: Commissioner Jackson From: Kathryn Winsberg In DD-95-07, Director's Decision Under 10 CFR 2.206, Subiect: (Turkey the Matter of FLORIDA POWER & LIGHT COMPANY Point and St Lucie Nuclear Stations) .

Recommend:

No action, allow review period to expire l

ConclusioB: The Director's Decision which denies petitioner's nst request for various enforcement actions-Flor Po Light and its employeed #

J Thomas Saporito $s a whistleblower who.has a Backaround:

Section 211 case pending at the Department of Labor against Florida Power & Light. Saporito claims that he was fired FP&L in gf '

retaliation for reporting safety concerns to the NRC.

maintains that he,was fired for insubordination and other jobThe D performance issues. l no discrimination.

However, upon review, the Secretary of Labor found that reporting l

safety concerns to the NRC was an activity absolutely protected under section 211, reversing and remanding to the ALJ to non-discriminatory basis determine if there is an independent,NRC sent a letter to the Secretary of Labor for the firing.

expressing concerns about the unqualified application of the Secretary's finding, saying that there is a independent and co-existing duty of an employee to report safety matters to the employer except in limited situations where the Florida employeerea retaliated against, or that evidence will be destroyed.

Power & Light moved for reconsideration, but the Secretary of-Labor denied the motion, saying that the concerns expressed The right to by . ,

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the NRC should not be triggered by this decision.

go directly to the NRC with safety concerns and anyand duty be to the employer to report safety concerns could co-exist, The ALJ's analyzed under the standards of " mixed motive" cases.

review of this matter is ongoing.

Discussion: Petitioner submitted numerous supplements to his petition which are addressed in the decision:

1) The petitioner requested that the NRC file an amicus curiae brief supporting petitioner's contentions at the Department of l

Labor. This request is denied because the NRC does not agreeAlso, l with the facts petitioner is asking to have substantiated.

NRC filed a letter which was treated as an amicus curiae filing which clarified NRC's concerns about the Secretary of Labor's it.g c}gigg = ;. _ 'e 9d in accee e e e rma d wormation gp emms s .

9703100060 970220 PDR FOIA BINDER 96-485 PDR

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2) Peti'tioner requested that the NRC initiate a proceeding ~to suspe od rev t' j basis l ince c e is reconsidering upon remand whether there was sufficient non-discriminatory reason for discharging the petitioner, there is not a final DOL decision upon which to base this action. Therefore this request is denied. Further action will await the Department of Labor decision. .

3) Petitioner requested that the NRC initiate a show cause proceeding to require, among other things, immediate reinstatement, back pay, and compensatory damages. However,.the Energy Reorganization Act gives exclusive authority for auch personal remedies to the Department of Labor. The NRC has no authority and therefore denies this request.

4) Petitioner requests enforcement action against the licensee, and an investigation of FP&L employees to determine which were involved in the discrimination. Since there is no final decision b ,,yj from the Department of Labor, NRC will await the outcome of the ~

Department of Labor case.

5) Petitioner requested that the work environments at Turkey Point and St. Lucie power plants be investigated by the NRC to ensure that employees feel free to report safety concerns. NRC inspected these plants' programs for handling safety concerns in l 1993 and continues t ers l y employees.

, so this request is de ed.

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