[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