[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Notices]
[Page 59813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28759]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]
Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station,
unit Nos. 1 and 2 Issuance of Final Director's Decision Under 10 CFR
2.206
Notice is hereby given that the Director, Office of Nuclear Reactor
Regulation, has taken action with regard to a letter dated April 5,
1999, (Petition) filed by Robert Norway (Petitioner) pursuant to
Sec. 2.206 of Title 10 of the Code of Federal Regulations (10 CFR
2.206). The Petitioner requested that the U.S. Nuclear Regulatory
Commission (Commission or NRC) take action with regard to Niagara
Mohawk Power Corporation (NMPC) and its senior nuclear and corporate
management. The Petitioner requested that the Commission (1) take
enforcement action against NMPC and its senior nuclear and corporate
management and, as a minimum, against three named individuals, for
submitting an altered 1994 employee record to the NRC at a
predecisional enforcement conference on May 10, 1996; (2) take
enforcement action against these same parties for presenting at this
predecisional enforcement conference a false written record of what the
Administrative Law Judge determined in the Department of Labor's
proceeding in 95-ERA-005; (3) take enforcement action against these
same parties for placing confidential employee information into the
public record in violation of 10 CFR 2.790; and (4) take enforcement
action against these same parties for an additional act of
discrimination, pursuant to 10 CFR 50.7, for destroying the
Petitioner's credibility and reputation in the nuclear industry. The
Petitioner also requested that the NRC forward these issues to the
Department of Justice for consideration of criminal prosecution.
In addition to these requests for enforcement actions, the
Petitioner also requested that the following other actions be
implemented: (1) That the agency perform an independent review of all
of NMPC's docketed files associated with the individuals who committed
the alleged fraud; (2) that the NRC forward the complaint to the NRC's
Office of the Inspector General for an investigation of possible
deliberate misconduct on the part of the NRC staff; (3) that an
independent oversight group be established to oversee the NMPC Human
Resources Department and Employee Concerns Program; (4) that a public
meeting be held to obtain public comments pertaining to a number of
issues, including discrimination and the placement of fraudulent
documentation into public records; and (5) that the NRC publicly post
NMPC's Safety Evaluation 96-09, which addresses the Residual Heat
Removal Alternate Shutdown Cooling for Unit 2, to make it available for
public comment, or require NMPC to re-perform this safety evaluation.
The Director of the Office of Nuclear Reactor Regulation has
complied with the Petitioner's request to have his complaint forwarded
to the NRC's Office of the Inspector General. The Petitioner's
technical concern has been addressed independent of the Director's
Decision by the NRC staff's letter to the Petitioner dated October 6,
1999. The Petitioner's additional requests are not supported for the
reasons that are explained in the ``Final Director's Decision Pursuant
to 10 CFR 2.206'' (DD-99-13). The complete text of the Final Director's
Decision follows this notice and is available for public inspection at
the Commission's Public Document Rooms located in the Gelman Building,
2120 L Street, NW., Washington, DC, and in the Reference and Documents
Department, Penfield Library, State University of New York, Oswego, New
York 13126.
A copy of the Decision will be filed with the Secretary of the
Commission for the Commission's review in accordance with 10 CFR
2.206(c) of the Commission's regulations. As provided for by this
regulation, the Decision will constitute the final action of the
Commission 25 days after the date of issuance of the Decision unless
the Commission, on its own motion, institutes a review of the Decision
within that time.
Dated at Rockville, Maryland, this 28th day of October 1999.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-28759 Filed 11-2-99; 8:15 am]
BILLING CODE 7590-01-P
