[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Notices]
[Pages 32071-32072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15103]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410 and License Nos. DPR-63 and NPF-69]
Niagara Mohawk Power Corporation; Receipt of Petition for
Director's Decision Under 10 CFR 2.206
Notice is hereby given that by Petition dated April 5, 1999, Mr.
Robert Norway (the Petitioner) has requested that the U.S. Nuclear
Regulatory Commission (NRC) take action with regard to Nine Mile Point
Nuclear Station, Units 1 and 2. The Petitioner requests that the NRC
(1) take enforcement action against Niagara Mohawk Power Corporation
(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 an enforcement conference on May 10,
1996; (2) take enforcement action against these same parties for
presenting at this enforcement conference a false written record of the
Administrative Law Judge's (ALJ's) determination in the Department of
Labor proceeding in Case No. 95-ERA-005; (3) take enforcement action
against these same parties for the placement of 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. In addition, the Petitioner requested that the NRC forward
these issues to the Department of Justice for consideration of criminal
prosecution.
Finally, in addition to these requests for enforcement actions, the
Petitioner also requested that various other actions be implemented.
These actions include the following: (1) that the agency perform an
independent review of all NMPC's docketed files associated with the
individuals who committed the alleged fraud; (2) that the NRC forward a
complaint to the Office of the Inspector General for investigation of
possible deliberate misconduct on the part of the NRC staff; (3) that
an Independent Oversight Group be established to provide oversight of
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 Nine Mile Point Unit 2 Residual Heat Removal (RHR)
Alternate Shutdown Cooling Safety Evaluation 96-091 to make it
available for public comment or require NMPC to re-perform this safety
evaluation.
As a basis for all of the Petitioner's requests, he alleged that
NMPC deliberately created a false employee record and fraudulently
submitted this record, as well as a false written record of an ALJ
decision, into the public record, under false pretenses and perjury,
during a 1996 enforcement conference with the NRC. Regarding the
alleged false written record of an ALJ decision, correspondence from
Mr. James Lieberman, Director of the Office of Enforcement, to the
Petitioner, dated May 3, 1999, stated that the NRC staff had reviewed
the transcript of the enforcement conference and had determined that
the NRC staff understood that the document represented the position of
NMPC management and not that of the ALJ. Therefore, the submittal of
such a document cannot be the basis for taking enforcement action
against NMPC. In addition, the Petitioner also submitted a technical
concern about his continued efforts to address RHR alternate shutdown
cooling safety.
The remaining issues in the Petition are being treated pursuant to
10 CFR 2.206 of the Commission's regulations and have been referred to
the Director of the Office of Nuclear Reactor Regulation. As provided
by Section 2.206, appropriate action will be taken on this Petition
within a reasonable time.
By letter dated June 9, 1999, the Director acknowledged receipt of
the Petition. 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.
Dated at Rockville, Maryland, this 9th day of June 1999.
[[Page 32072]]
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-15103 Filed 6-14-99; 8:45 am]
BILLING CODE 7590-01-P
