[Federal Register Volume 65, Number 220 (Tuesday, November 14, 2000)]
[Notices]
[Page 68163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29031]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440-CivP; ASLBP No. 01-784-01-CivP; EA 99-012]
Atomic Safety and Licensing Board; Notice of Hearing
November 7, 2000.
Before Administrative Judges: Charles Bechhoefer, Chairman, Dr.
Richard F. Cole, Ann Marshall Young.
In the Matter of First Energy Operating Company (FENOC) (Perry
Nuclear Power Plant, Unit 1; Operating License No. NPF-58).
This proceeding involves a proposed civil penalty of $110,000.
sought to be imposed by the NRC Staff on First Energy Operating Company
(FENOC or Licensee) for an alleged violation of NRC's employee
protection regulations, based upon the asserted discrimination by a
FENOC management official against an employee for engaging in protected
activities (i.e., testifying in a whistleblowing case before the
Department of Labor). In response to an Order Imposing Civil Monetary
Penalty, published at 65 FR 49,610 (August 14, 2000), FENOC on October
18, 2000 filed a timely request for an enforcement hearing. On October
27, 2000, an Atomic Safety and Licensing Board, consisting of Dr.
Richard F. Cole, Ann Marshall Young, and Charles Bechhoefer, who serves
as Chairman, was established to preside over this proceeding. 65 FR
65,336 (November 1, 2000).
Notice is hereby given that, by Memorandum and Order dated November
7, 2000, the Atomic Safety and Licensing Board has granted the request
for a hearing submitted by FENOC. This proceeding will be conducted
under the Commission's hearing procedures set forth in 10 CFR Part 2,
Subparts B and G. Parties to this proceeding are FENOC and the NRC
Staff. The issues to be considered, as set forth in the Order Imposing
Civil Monetary Penalty, are (a) whether the Licensee was in violation
of the Commission's requirements as set forth in the Notice of
Violation and Proposed Imposition of Civil Penalty, dated May 20, 1999;
and (b) whether, on the basis of such violation, the Order Imposing
Civil Monetary Penalty should be sustained.
Documents related to this proceeding, issued prior to December 1,
1999, are available in microfiche form (with print form available on
one-day recall) for public inspection at the Commission's Public
Document Room (PDR), Room-- O-1 F21, NRC One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852-2738. Documents issued
subsequent to November 1, 1999 are available electronically through the
Agencywide Documents Access and Management System (ADAMS), with access
to the public through NRC's Internet Web site (Public Electronic
Reading Room Link, http://www.nrc.gov/NRC/ADAMS/index.html>). The PDR
and many public libraries have terminals for public access to the
Internet.
At the joint request of FENOC and the NRC Staff, further
proceedings in this case have been suspended until December 18, 2000,
to afford the parties an opportunity to pursue settlement negotiations.
Except to the extent an early settlement or other circumstance renders
them unnecessary, the Licensing Board may, during the course of this
proceeding, conduct one or more prehearing conferences and evidentiary
hearing sessions. The time and place of these sessions will be
announced in Licensing Board Orders. Except as limited by the
parameters of telephone conferences (which are in any event to be
transcribed), members of the public are invited to attend any such
sessions.
For the Atomic Safety and Licensing Board.
Dated: November 7, 2000; Rockville, Maryland.
Charles Bechhoefer,
Chairman, Administrative Judge.
[FR Doc. 00-29031 Filed 11-13-00; 8:45 am]
BILLING CODE 7590-01-P