[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Notices]
[Page 4501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2178]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8989; License No. SUA-1559]


Envirocare of Utah, Inc.; Notice of Receipt of Petition for 
Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by petition dated December 12, 1997, 
Mr. Thomas B. Cochran, Director of Nuclear Programs, Natural Resources 
Defense Council (NRDC) requested that the U.S. Nuclear Regulatory 
Commission (NRC) take action with regard to Envirocare of Utah, Inc. 
(Envirocare). The Petitioner requests that the NRC: (1) Conduct an 
immediate investigation of issues raised in the Petition and 
immediately suspend Envirocare's NRC license; (2) conduct an 
investigation of possible criminal violations of section 223 of the 
Atomic Energy Act of 1954, as amended (the Act); (3) immediately 
suspend Envirocare's license with the State of Utah, under section 
274j(2) of the Act; (4) investigate the adequacy of the State of Utah 
agreement state program to protect whistle blowers; (5) contact each 
current and former Envirocare employee personally, on a confidential 
basis, to advise them of their rights to inform the NRC of unsafe 
practices and violations, to inform them of the protections available 
to them, and to ask them if they have any information which they wish 
to disclose, on a confidential basis or otherwise; and (6) order a 
special independent review of Envirocare's relationships with its 
employees, along the lines of the review ordered by the NRC for the 
Millstone site.
    As a basis for this request, the petitioner states that 
Envirocare's employee-related practices and contractual provisions 
constitute a violation of 42 U.S.C. 5851 and the NRC's whistle blower 
protection regulations under Parts 19 and 40 of Title 10 of the Code of 
Federal Regulations (i.e., 10 CFR 19.16, 19.20, and 40.7). 
Specifically, the petitioner states that current and former Envirocare 
employees who have provided to governmental authorities information 
adverse to Envirocare's interests fear for their lives and the lives of 
their families, should their identities become known to an officer of 
Envirocare. The petitioner also states that certain provisions in 
Envirocare's standard employment contract prevent its employees from 
disclosing to the NRC information concerning unsafe practices and 
violations under the NRC license and threaten them with severe 
financial penalties in the event of a disclosure.
    The request for an investigation and the suspension of Envirocare's 
NRC license is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The request has been referred to the Director 
of the Office of Nuclear Material Safety and Safeguards. As provided by 
Sec. 2.206, appropriate action will be taken on this petition within a 
reasonable time. By letter dated January 16, 1998, the Director denied 
the petitioner's request for immediate action concerning Envirocare's 
NRC license. A copy of the petition is available for public inspection 
and copying at the NRC Public Document Room, in the Gelman Building, 
2120 L Street NW., Washington, DC 20555.

    Dated at Rockville, Maryland, this 16th day of January 1998.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 98-2178 Filed 1-28-98; 8:45 am]
BILLING CODE 7590-01-P