[Federal Register: November 3, 1999 (Volume 64, Number 212)]
[Notices]               
[Page 59813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no99-149]                         

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-220 and 50-410]

 
Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station, 
unit Nos. 1 and 2 Issuance of Final Director's Decision Under 10 CFR 
2.206

    Notice is hereby given that the Director, Office of Nuclear Reactor 
Regulation, has taken action with regard to a letter dated April 5, 
1999, (Petition) filed by Robert Norway (Petitioner) pursuant to 
Sec. 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 
2.206). The Petitioner requested that the U.S. Nuclear Regulatory 
Commission (Commission or NRC) take action with regard to Niagara 
Mohawk Power Corporation (NMPC) and its senior nuclear and corporate 
management. The Petitioner requested that the Commission (1) take 
enforcement action against 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 a 
predecisional enforcement conference on May 10, 1996; (2) take 
enforcement action against these same parties for presenting at this 
predecisional enforcement conference a false written record of what the 
Administrative Law Judge determined in the Department of Labor's 
proceeding in 95-ERA-005; (3) take enforcement action against these 
same parties for placing 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. The 
Petitioner also requested that the NRC forward these issues to the 
Department of Justice for consideration of criminal prosecution.
    In addition to these requests for enforcement actions, the 
Petitioner also requested that the following other actions be 
implemented: (1) That the agency perform an independent review of all 
of NMPC's docketed files associated with the individuals who committed 
the alleged fraud; (2) that the NRC forward the complaint to the NRC's 
Office of the Inspector General for an investigation of possible 
deliberate misconduct on the part of the NRC staff; (3) that an 
independent oversight group be established to oversee 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 Safety Evaluation 96-09, which addresses the Residual Heat 
Removal Alternate Shutdown Cooling for Unit 2, to make it available for 
public comment, or require NMPC to re-perform this safety evaluation.
    The Director of the Office of Nuclear Reactor Regulation has 
complied with the Petitioner's request to have his complaint forwarded 
to the NRC's Office of the Inspector General. The Petitioner's 
technical concern has been addressed independent of the Director's 
Decision by the NRC staff's letter to the Petitioner dated October 6, 
1999. The Petitioner's additional requests are not supported for the 
reasons that are explained in the ``Final Director's Decision Pursuant 
to 10 CFR 2.206'' (DD-99-13). The complete text of the Final Director's 
Decision follows this notice and is available for public inspection at 
the Commission's Public Document Rooms located in the Gelman Building, 
2120 L Street, NW., Washington, DC, and in the Reference and Documents 
Department, Penfield Library, State University of New York, Oswego, New 
York 13126.
    A copy of the Decision will be filed with the Secretary of the 
Commission for the Commission's review in accordance with 10 CFR 
2.206(c) of the Commission's regulations. As provided for 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 28th day of October 1999.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-28759 Filed 11-2-99; 8:15 am]
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