DD-89-05, Partial Director'S Decision Re Turkey Point.* Advises That Recipient Answer to Partial Director'S Decision DD-89-05 Referred to NRR to Consider Whether Submittal Presents New Info.W/Certificate of Svc.Served on 890815

Partial Director'S Decision Re Turkey Point.* Advises That Recipient Answer to Partial Director'S Decision DD-89-05 Referred to NRR to Consider Whether Submittal Presents New Info.W/Certificate of Svc.Served on 890815

ML20245H487
Person / Time
Site:	Turkey Point
Issue date:	08/15/1989
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Saporito T AFFILIATION NOT ASSIGNED
References
CON-#389-9041 2.206, DD-89-05, DD-89-5, NUDOCS 8908170126
Download: ML20245H487 (3)

Text

__

0 t

[* **%#'o, UNITED STATES y ", ,,, ' t, NUCLEAR REGULATORY COMMISSION 5- ,i W ASHINGTON, D.C. 20555 t !P '

• }

o b 4

%, v jf AUG 151989 OFFICE OF THE SECRETARY

'89 E 15 P2 : b QFC uGCt! ~ o ,

Es # A M ,

Mr. Thomas J. Secorito, Jr.

1202 Sicux Street Jupiter, Florida 33458 c"-

'Tb AUb 5 i539

Subject:

Partial Director's Decision Regarding Turkey Point Nuclear Station Docket Nos. 50-250 and 50-251 (2.206)

On December 21, 1988 and by supplemental lettera dated January 13 i and 30, February 7 and April 25 and 26, 1989, you requested NRC to take specific actions regarding the Turkey Point facility.

July 12, On 1989, the Director of the Office of Nuclear Reactor Regulation issued a " Partial Director's Decision (DD-89-05) denying your request. On July 16, 1989, you filed a document with the Executive Director for Operations entitled " Answer to Partial Director's Decision Under 10 CFR 2.205", in which you requested that the document be referred to me for the Commission's review.

NRC regulations provide that, within 25 days after the date of the Director's Decision, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. Review is at the discretion of the Commission; no individual has the right to such a review, No petition or other request for Commission review of a Director's Decision under this section will be entertained by the Commission (See 10 CFR 2.206(c)) . Therefore, to the extent that you request that the commission undertake a formal review of DD-89-05, I deny this request in accordance with my authority under 10 CFR 2.772.

The Commission has considered your concerns and the Partial Director's Decision, and has determined not to undertake a formal review of the Partial Director's Decision in this matter.

Accordingly, 1989.

the decision became final agency action on August 7, In your answer to the Partial Initial Director's Decision, and other letters to the NRC, you request a meeting with the NRC Commissioners. The Commission does not see a need for such a meeting.

8908170126 890815 PDR ADDCK 05000250 G PDR p

I i

i Mr. Thomas J. Saporito AUG 151989 Your answer to the. Partial Director 8s Decision has been referred to the Director of Nuclear Reactor Regulation to consider whether your submittal presents any new information as a basis for your request that the NRC take specific actions regarding the Turkey 1 Point facility. Additionally, your. allegation of collusion between Inspectorthe NRC and the licensee has been' forwarded to the NRC General.

L iincerel ,

I cM So

'fSamuel J.{t% ilk Secretary Of the Commission l

I l

1 l

l

+

UNITED STATES OF AMERICA t;.

NUCLEAR REGULATORY COMMISSION I

)

In the Matter et )

)

FLORIDA e0WER & LIGHT COMPANY ) Docket Nos. 50-250 p ) a nd 5 0 .'51 L (Turkey Point Nuclear Station, )

L , Units 3 and 4) 1 (2.206 Request)

! ................................) (D0-09-05) l CEBIIEJCBIE DE.EEBYICE 1 hereby certif y that copies of the notification of expiration of Commissten review of DD-89-05 dated August 15, 1989, have been served upon the following persons in accordance with the requirements of 10 CFR Section 2.712.

Mr. Thomas J. Saporito, Jr.

1202 Sioux Street Jupiter, Florida 33458 Harold F. Reis, Ecuire Newman and Holtzinger, P.C.

1615 L Street, NW Washinoton, DC 20036 Rectonal Administrator, Recton 11 U.S. Nuclear Raoulatory Commission Suite 2900 101 Marietta Street Atlanta, Georgia 30323 Jack R fialdberg, Escuire uffice af the General Counsel U.S. Nucl-ear Regulatory Commission Washington, DC 20555

~~~

Office t h e E e 'c r ~e E ~a'r [ ~ ~ ~ ~ ~ ~ ~ ~

of the Commission Dated at Rockville. Marylana this 15th day of August, 1989

_ - - _ _ _ - _ _ _ - - _ _ _ _