[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Page 26467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12101]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-528, 50-529, 50-530; License Nos. DPR-67, NPF-16, DPR-
31, DPR-41]
Florida Power & Light Company (Turkey Point and St. Lucie Nuclear
Generating Stations); Issuance of Director's Decision Under 10 CFR
2.206
Notice is hereby given that the Director, Office of Enforcement,
has issued a decision concerning the Petition filed by Mr. Thomas J.
Saporito, Jr., (Petitioner) on Marcy 7, 1994. The Petition requested
that the NRC: (1) Submit an amicus curiae brief to the Department of
Labor (DOL) regarding his complaints numbered 89-ERA-007 and 89-ERA-017
concerning the Petitioner's claim that the licensee retaliated against
him for engaging in protected activity during his employment at Turkey
Point Nuclear Station in violation of 10 CFR 50.7; (2) institute a show
cause proceeding pursuant to 10 CFR 2.202 to modify, suspend or revoke
Florida Power & Light Company's licenses authorizing the operation of
Turkey Point; and (3) institute a show cause proceeding pursuant to 10
CFR 2.202 and order the licensee to provide the Petitioner with a
``make whole'' remedy, including but not limited to, immediate
reinstatement to his previous position, back wages and front pay with
interest, compensatory damages for pain and suffering, and a posting
requirement to offset any ``chilling effect'' Petitioner's discharge
may have had upon other employees at the Turkey Point and St. Lucie
Stations.
On March 13, 1994, Petitioner supplemented the Petition,
reiterating the three requests noted in the preceding paragraph and
providing additional information.
On April 7, 1994, Petitioner supplemented the Petition providing a
chronology of events that relate to his request for action against
FP&L. Petitioner also described what Petitioner believes should be the
content of the amicus curiae brief to DOL, including the fact that a
licensee employee can go directly to NRC with safety concerns, the NRC
instructed Petitioner not to divulge his safety concerns to FP&L, that
Petitioner's conduct should not be considered insubordinate, and the
FP&L engaged in illegal conduct when its Vice President interrogated
Petitioner about his safety concerns.
On June 7, 1994, the Petitioner submitted an additional request
pursuant to 10 CFR 2.206 which has been incorporated into the above-
mentioned request. The June 7 Petition requested: (1) Enforcement
action against specific FP&L employees (2) an NRC investigation into
the involvement of FP&L employees in the discrimination against the
Petitioner with the results of this investigation being forwarded to
the Department of Justice, and (3) an investigation into whether the
work climate at Turkey Point and St. Lucie nuclear stations makes
employees feel free to go to their management and/or the NRC with
safety concerns. This June 7 Petition was supplemented on June 28 and
30, 1994.
Based on a review of Petitioner's requests and supplemental
submissions, the Licensee's response dated May 20, 1994, and the June
3, 1994 decision by the Secretary of Labor on complaints filed by the
Petitioner in these cases, the Director, Office of Enforcement, has
denied this Petition. The reasons for the denial are explained in the
``Director's Decision under 10 CFR 2.206'' (DD-95-07) which is
available for public inspection in the Commission's Public Document
Room at 2120 L Street, NW., Washington, DC 20555.
A copy of this Decision will be filed with the Secretary for the
Commission's review in accordance with 10 CFR 2.206. As provided 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 11th day of May 1995.
For the Nuclear Regulatory Commission.
James Liberman,
Director, Office of Enforcement.
[FR Doc. 95-12101 Filed 5-16-95; 8:45 am]
BILLING CODE 7590-01-M
