Petitions; Director's decisions: North Atlantic Energy Service Corp. et al.,

[Federal Register: April 29, 1999 (Volume 64, Number 82)]

[Notices]

[Page 23137]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29ap99-116]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443; License No. NPF-86]

North Atlantic Energy Service Corporation, et al. Receipt of Petition for Director's Decision Under 10 CFR 2.206

Notice is hereby given that by Petition dated March 31, 1999, David A. Lochbaum (Petitioner), acting on behalf of the Union of Concerned Scientists (UCS), has requested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Seabrook Station, Unit No. 1, operated by North Atlantic Energy Service Corporation. Petitioner requests three specific actions: (1) That the NRC take enforcement action against individuals alleged to have unlawfully discriminated against a contract electrician in violation of 10 CFR 50.7; (2) that the NRC take enforcement action against individuals alleged to have created a false record in violation of 10 CFR 50.9; and (3) that the Petitioner be granted permission to attend an upcoming predecisional enforcement conference between the NRC and the licensee on these matters. The Petitioner specifically requested that the NRC ban any individuals who engaged in wrongdoing in the above matters from working in licensed activities for a period of at least 5 years.

As the basis for the request, the petitioner states that the NRC notified the owner of the Seabrook Station, in a letter dated March 16, 1999, that an NRC investigation documented in Office of Investigation Report No. 1-98-005 concluded that (1) an electrician was terminated as a result of raising a safety concern and (2) a false record was created.

The Petitioner's request for enforcement action is being treated pursuant to 10 CFR 2.206 of the Commission's regulations. The request for enforcement action has been referred to the Director of the Office of Enforcement. As provided by section 2.206, appropriate action will be taken on this petition within a reasonable time.

The Petitioner's request to attend the upcoming predecisional enforcement conference with the licensee is not considered to be a request for enforcement action pursuant to 10 CFR 2.206, and it is denied. As stated in Section V of the Commission's ``General Statement of Policy and Procedures for NRC Enforcement Actions'' (Enforcement Policy), predecisional enforcement conferences are a meeting between the NRC staff and the licensee. As stated in the Enforcement Policy, these meetings will normally be closed to public observation when the enforcement action being contemplated by the NRC staff is based on the findings of an OI investigation report that has not been publically disclosed or when the enforcement action being contemplated may be taken against an individual. I find no reason in this case to make an exception to the Commission's stated policy of keeping these types of meetings closed to public observation.

A copy of the petition is available for inspection at the Commission's Public Document Room at 2120 L Street, NW., Washington, DC 20555-0001.

Dated at Rockville, Maryland, this 20th day of April, 1999.

For the Nuclear Regulatory Commission. James Lieberman, Director, Office of Enforcement.

[FR Doc. 99-10688Filed4-28-99; 8:45 am]

BILLING CODE 7590-01-P