ML20205R129

Notice of Receipt of 990331 Petition from DA Lochbaum,On Behalf of Ucs Requesting That NRC Take Listed Actions Against Plant.Petitioner Request to Attend Enforcement Conference Denied

ML20205R129
Person / Time
Site:	Seabrook
Issue date:	04/20/1999
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:
Shared Package
ML20205R119	List: ML20205R117 ML20205R129
References
2.206, NUDOCS 9904220187
Download: ML20205R129 (2)

Text

I 7590-01-P U. S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50 443 Ll_ CENSE NO. NPF 86 NORTH ATLANTIC ENERGY S.ERVICE CORPORATION. ET AL.

RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that by Petition dated March 31,1999, David A. Lochbaum (Petitioner), acting on behalf of the Union of Concerned Scientists (UCS), has rec.uested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Seabrook Station, Unit No.1, operated by North Atlantic Energy Service Corporation. Petitioner requests three specific actions: (1) that the NRC take enforcement action against individuals alleged to have unlawfully discriminated against a contract electrician in violation of 10 CFR 50.7; (2) that the NRC take enforcement action against individuals alleged to have creation a false record in violation of 10 CFR 50.9; and (3) that the Petitioner be granted permission to attend an upcoming predecisional enforcement conference between the NRC and the licensee on these matters. The Petitioner specifically requested that the NRC ban any individuals who engaged in wrongdoing in the above matters from working in licensed activities for a period of at least 5 years.

As the basis for the request, the petitioner states that the NRC notified the owner of the Seabrook Station, in a letter dated March 16,1999, that an NRC investigation documented in Office of Investigation Report No. 1-98-005 concluded that (1) an electrician was terr

• 3ted as a retiutt of raising a safety concern and (2) a false record was created.

The Petitioner's request for enforcement action is being treated pursuant to 10 CFR 2.206 of the Commission's regulations. The request for enforcement action has been referred 99042201.7 990420 PDR ADOC4 05000443 H P:/ t

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to the Director of the Office of Enforcement. As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time.

The Petitioner's request to attend the upcoming predecisional enforcement conference '

with the licensee is not considered to be a request for enforcement action pursuant to 10 CFR 2.206, and it is denied. As stated in Section V of the Commission's " General Statement of Policy and Procedures for NRC Enforcement Actions"(Enforcement Policy), predecisional enforcement conferences are a meeting between the NRC staff and the licensee. As stated in the Enforcement Policy, these meetings will normally be closed to public observation when the enforcement action being contemplated by the NRC staff is based on the findings of an Ol investigation report that has not been publically disclosed or when the enforcement action being contemplated may be taken against an individual. I find no reason in this case to make an exception to the Commission's stated policy of keeping these types of meetings closed to public observation.

A copy of the petition is available for inspection at the Commission's Public Document Room at 2120 L Street, NW., Washington, D.C. 20555-0001.

FOR THE NUCLEAR REGULATORY COMMISSION 1 -

James Lieberman, Director Office of Enforcement l Dated at Rockville, Maryland, i

this 20thday of April,1999.