ML022980016
| ML022980016 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 10/24/2002 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, -RFPFR, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, EA 99-324, RAS 4955 | |
| Download: ML022980016 (23) | |
Text
. 1FS Ri5q LfT3 5 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION October 24, 2002 (11:30AM)
ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY Before Administrative Judges: RULEMAKINGS AND ADJUDICATIONS STAFF Charles Bechhoefer, Chairman Dr. Richard F. Cole Ann Marshall Young SERVED October 24,2002 In the Matter of Docket Nos. 50-390-CivP; 50-327 CivP; 50-328-CivP; 50-259-CivP; TENNESSEE VALLEY AUTHORITY 50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1; ASLBP No. 01-791-01-CivP Sequoyah Nuclear Plant, Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2 & 3) EA 99-234 October 24, 2002 MEMORANDUM AND ORDER (Reiection of Late-filed Exhibit: Closing of Evidentiary Record: Transcript Corrections:
Schedules for Proposed Findings of Fact and Conclusions of Law)
This civil penalty proceeding involves an alleged violation of 10 C.F.R. § 50.7 by the Tennessee Valley Authority (TVA) for claimed retaliation against Gary Fiser (a former TVA employee) for engaging in protected activities. An evidentiary hearing was held at various times during April, May, June, and September, 2002. This Memorandum and Order serves to (1) state the Board's ruling on an additional document proffered by TVA on September 30, 2002, after the conclusion of the last hearing session; (2) accept other redacted or summarized versions of exhibits; (3) close the evidentiary record; and (4) reiterate or provide additional dates for post-hearing filings by the parties.
- 1. Redacted and substituted documents: proffer of additional document. On Friday, September 13, 2002, the final day of the evidentiary hearing in this proceeding (Tr. 5653-5754),
the parties agreed that certain documents entered as exhibits into evidence should be redacted for privacy reasons, to eliminate references to the social security numbers, home addresses and telephone numbers, and dates of birth of named individuals (Tr. 5676-79), and that the renmrI&+&CBiY- 039 SEON-C)COAL
redacted documents should be substituted for the same-numbered documents previously admitted into evidence. With respect to certain voluminous documents, including some that include privacy information, TVA agreed to prepare one-page summaries as a substitute for the documents previously identified on the record (Tr. 5657). The parties also agreed that the record of the proceeding should remain open pending the receipt by the Licensing Board of the redacted or substituted summary documents and approval of the redactions or substituted summaries by the Staff or TVA, as applicable. In this regard, TVA stated that it would provide the redacted and substituted summary documents to the Staff and Licensing Board (Tr. 5735),
and the Staff indicated it would respond shortly thereafter (Tr. 5735). Because all of the exhibits have previously been admitted into evidence, subject to redaction and/or summarization, as applicable, the Board indicated that, absent objection by the Staff to the documents provided by TVA, and absent objection by TVA to the redacted documents furnished by the Staff, the record of the proceeding would be deemed closed once both parties had provided the relevant documents or responses (Tr. 5751).
The Staff, for its part, on September 20, 2002, forwarded to the Board and TVA copies of two exhibits that it had agreed to redact. TVA has not objected to entry into evidence of the exhibits redacted by the Staff.
On September 30, 2002, in a document titled 'Tennessee Valley Authority's Submission Of Exhibits" [TVA Submission], TVA provided copies of redacted or substituted summary documents to the Licensing Board and the NRC Staff. (Two of the documents, TVA Exhibits 93 and 94, were furnished in both summary versions and redacted versions of the full text.) On October 7, 2002, the Staff responded to TVA's September 30, 2002 submission, offering no objection to the redacted and/or summarized exhibits being incorporated into the record.
In addition, however, in that same TVA Submission, TVA tendered into evidence an additional document (TVA Exh. 75), which, although prefiled, had nether been identified nor admitted or rejected, during the hearing. TVA describes the document as "an extract isic] from
the Institute of Nuclear Power Operation's (INPO) written evaluation of TVA's Sequoyah Nuclear Plant performed during the weeks of September 28 and October 5, 1992." TVA Submission, at 1-2. TVA attributes significance to the document as being illustrative of Mr.
Fiser's lack of management skills, to which Mr. Robert J. Beecken, former Sequoyah Plant Manager, had previously testified. The INPO Report is said by TVA to bear upon the testimony of Mr. Beecken and to counter the effect of Staff cross-examination that purportedly implied that INPO had not made any findings regarding the chemistry program at Sequoyah (citing Tr. 4825, line 9, and Tr. 4828, line 20).
In a document titled "NRC Staff Objection to Submission of TVA Exhibit 75," dated October 7, 2002, the Staff objects to TVA's late proffer of TVA Exhibit 75. Staff counsel explains that the cross-examination of Mr. Beecken during the hearing was intended to explore Joint Exhibit 33, a performance appraisal of Gary Fiser, dated September 9, 1992, that stated (on the first page) that "[t]here have been no Chemistry related findings by INPO for SQN
[Sequoyah Nuclear Plant]. THIS IS A RECORD FOR SQN." The Staff adds that, during TVA's redirect examination, TVA attempted to counter the information in the performance appraisal but made no reference to TVA Exhibit 75 in doing so. The Staff further claims that, even on September 13, 2002, when the Board permitted parties to proffer into evidence documents that had previously been made available but had not been admitted (or rejected), TVA neglected to proffer TVA Exhibit 75. Indeed, TVA expressly withdrew TVA Exhibit 75 (among other exhibits) from further consideration (Tr. 5731).
The Staff argues that admission of TVA Exhibit 75 "at this late date" would prejudice the Staff because "the Staff did not have the opportunity to cross examine Beecken or question any other witnesses about the exhibit." NRC Staff Objection to Submission of TVA Exhibit 75 at 2.
Further, the Staff asserts, "[w]ithout testimony by Beecken that TVA Exhibit 75 is the INPO report under discussion during Beecken's December 9, 1992 conversation with Fiser, there is
no evidence to support the admission of the document. Absent such testimony, the record fails to demonstrate that TVA Exhibit 75 is the document TVA purports it to be."'
In a reply tendered on October 18, 2002 (TVA Reply), which we have elected to consider, see 10 C.F.R. § 2.730(c), TVA explains that the substance of the chemistry-related portions of TVA Exhibit 75 has already been received into evidence as a part of TVA Exhibit 48.
TVA adds, however, that there are "two matters of note" in TVA Exhibit 75 that are not included in TVA Exhibit 48:
(1) the statement that the evaluation was conducted "during the weeks of September 28 and October 5,1992," prior to the tape-recorded Beecken-Fiser conversation on December 9,1992, and (2) the fact that one of the "most significant" findings by INPO was the "long-standing chemistry equipment and instrumentation problems."
TVA Reply at 2. TVA concludes that neither matter is subject to any dispute nor requires an explanation by any witness.
The Board has reviewed TVA Exhibit 75 and finds that it should not be admitted, based on its untimely proffer into evidence without any opportunity for Staff cross-examination concerning its significance. Whether or not the information in the document is itself in dispute, we note that the report's identification (at page 3) of "[s]everal long-standing chemistry equipment and instrumentation problems" at Sequoyah does not make clear whether these problems arose during, or are attributable to, Mr. Fiser's tenure as chemistry and environmental superintendent at Sequoyah. Mr. Fiser served as Sequoyah Superintedent and Chemistry and Environmental Superintendant from approximately April or May of 1988 until May 1, 1991, when he was rotated to outage management (see Joint Exh. 27, at 1; Tr. 992,1006-07, 2273, 2640),
'The Staff also objects to TVA Exhibit 75 on the ground that (as characterized by TVA) it was an extract from the INPO report rather than the entire report. NRC Staff Objection to Submission of TVA Exhibit 75, dated October 7, 2002, at 3. In its October 18, 2002 reply, TVA corrected its previous description by indicating that "TVA Exhibit 75 is a copy of the entire INPO report, not an extract." TVA Reply at 1. In our review of its admissibility, we are treating the proffered exhibit as a complete report.
and served again as Sequoyah Chemistry and Environmental Superintendent from January, 1992 (Tr. 1015), until late February/early March, 1992, when he was designated acting corporate chemistry manager (Tr. 2273-74).
The fact that the INPO Report (reflecting an evaluation performed during September and October, 1992) does not indicate exactly when the "longstanding" problems originated supports the Staff's argument concerning the need for cross-examination on the report, and the resulting prejudicial effect of late admission of the document. The Licensing Board therefore reiects TVA Exhibit 75.
On the other hand, the Board formally accepts the following documents into the record (identified by exhibit number and as being redacted and/or summarized and substituted, as the case may be):
Joint Exhibit 20 (redacted)
Joint Exhibit 21 (redacted)
Joint Exhibit 22 (redacted)
Joint Exhibit 23 (redacted)
TVA Exhibit 24 (redacted)
TVA Exhibit 39 (redacted)
TVA Exhibit 55 (redacted)
TVA Exhibit 56 (redacted)
TVA Exhibit 93A (redacted)
TVA Exhibit 94A (redacted)
TVA Exhibit 149 (redacted)
TVA Exhibit 83 (summary substitute)
TVA Exhibit 84 (summary substitute)
TVA Exhibit 85 (summary substitute)
TVA Exhibit 86 (summary substitute)
TVA Exhibit 87 (summary substitute)
TVA Exhibit 88 (summary substitute)
TVA Exhibit 89)(summary substitute)
TVA Exhibit 90 (summary substitute)
TVA Exhibit 91 (summary substitute)
TVA Exhibit 92 (summary substitute)
TVA Exhibit 93B (summary)
TVA Exhibit 94B (summary)
TVA Exhibit 95 (summary substitute)
TVA Exhibit 96 (summary substitute)
TVA Exhibit 109 (summary substitute)
TVA Exhibit 110 (summary substitute)
Based on the incorporation into the record of the foregoing redacted and/or summarized documents, the evidentiary record of this proceeding is hereby deemed closed.
Attached to this Memorandum and Order (as Appendix A) is a draft list of documents or exhibits offered into evidence, and admitted or rejected, in this proceeding. Parties should advise us by Friday, November 15, 2002, of any errors as to the accuracy and completeness of this list. (Other exhibits previously provided to the Board but not formally offered are being treated as withdrawn and have been discarded or, if they include sensitive information, destroyed.)
- 2. Submission of Proposed Findings of Fact and Conclusions of Law.
Reflecting the requests of both parties to this proceeding, the Licensing Board provided (Tr. 5682, 5684) that proposed findings of fact and conclusions of law be filed by both parties simultaneously, on the following schedule:
Initial Filings: Friday, December 20, 2002 Responsive Filings: Friday, February 28, 2003 Initial filings should be in the form of a proposed Initial Decision. See 10 C.F.R.
§ 2.754(a)(1). As provided by the Rules of Practice, 10 C.F.R. § 2.754(c), and as stressed by the Licensing Board at the hearing (Tr.5670-71),
(c) Proposed findings of fact must be clearly and concisely set forth in numbered paragraphs and must be confined to the material issues of fact presented on the record, with exact citations to the transcript of record and exhibits in support of each proposed finding.
Proposed conclusions of law should be filed with the initial filings but may be in any reasonable format, such as numbered paragraphs (I 10 C.F.R. § 2.754(c)) and/or post-trial briefs. Such conclusions or briefs should address, inter alia, various legal issues delineated by the Licensing Board throughout the course of the hearings.
In preparing their initial filings, parties are directed to anticipate countervailing averments by the other party (as manifest throughout the course of the proceeding) and explain why the findings and conclusions proposed by each party are preferable to those likely to be
proposed by the other party. In addition, as also stressed by the Licensing Board (Tr. 5670-71, 5673-74), the parties' responsive filings should indicate whether the party agrees or disagrees with each of the particular findings and/or conclusions advanced by the other party, and the specific reasons for any disagreement.
- 3. Proposed Transcript Corrections. Parties are invited to submit proposed transcript corrections of the evidentiary hearing (Tr. 262-4739, 4759-5754) by Friday, November 15, 2002. Responses, if any, of the other party should be submitted by Friday, November 29, 2002.
- 4. TVA's Motion to Compel. During the hearing on September 9, 2002, the Licensing Board considered TVA's August 22, 2002 Motion to Compel the Staff to pay the fair value of an airline ticket for Dr. Wilson McArthur from Salt Lake City, Utah (Dr. McArthur's residence) to Chattanooga, Tennessee. Dr. McArthur, who was responding to a Staff subpoena to testify at the hearing, purchased his airline ticket through personal frequent flier miles but was reimbursed by the Staff only $5.00, the amount Dr. McArthur actually expended to redeem the miles. The Staff took the position that it was not authorized to pay more than the amount actually spent by Dr. McArthur to attend the hearing. See NRC Staff Response to [TVA's]
Motion to Compel, dated September 6, 2002; Tr. 4768, 4773.
The Licensing Board asked the Staff to explore whether, in responding to a subpoena, a witness need be bound by the same travel limitations as would govern Government employees engaged in official travel, which the Staff appeared to be following with respect to Dr. McArthur.
On October 7, 2002, the Staff responded by reiterating its previous position to the effect that it was authorized to reimburse Dr. McArthur only for out-of-pocket costs actually expended. The Staff further advised that it could not reimburse Dr. McArthur for mileage inasmuch as he did not drive but actually used a common carrier.
Because that response fails to address several questions raised by the Board, including whether there is any outstanding Federal case law concerning computation of payments authorized under a subpoena, or differentiating between payments authorized for government
employees and amounts authorized for non-government employees (such as Dr. McArthur), or indicating any exceptions to the strict application of the Government travel regulations based on equitable considerations, the parties should file briefs on these issues no later than Friday, November 15, 2002. These briefs shall also include any further information bearing upon TVA's August 22, 2002 Motion to Compel, particularly concerning the matters raised by the Board concerning the Staff's authority to reimburse Dr. McArthur for the approximate cash value of the airline ticket acquired by Dr. McArthur by using personal frequent flier points. Moreover, the parties are encouraged to attempt to settle this issue, particularly since Dr. McArthur appeared as a witness for both of the parties (albeit subpoenaed only by the Staff).
It is so ORDERED.
For the Atomic Safety and Licensing Board Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGEv Rockville, Maryland October 24, 2002
[Copies of this Memorandum and Order have been provided this date by e-mail to counsel for each party.]
DRAFT APPENDIX A Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 1; Sequoyah Nuclear Plant Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2, & 3)
Docket Nos. 50-390-CivP; 50-327-CivP; 50-328-CivP;,
50-259-CivP; 50-260-CivP; 50-296-CivP ASLBP No. 01-792-01-CivP (EA 99-234)L LIST OF EXHIBITS~<A EXH. DESCRIPTION IETFE DITEDf NO.1 N(REJECTED)
JOINT EXHIBIT ;;_____
1 Sequoyah NSRB Minutes, May 22-23, 1991~/ N 613,. 634 2 Sequoyah NSRB Minutes, August 21-22)99 61$>. 634 3 Sequoyah NSRB Minutes, Novembor6"O-"2"'i99I 61 ~ 634 4 Sequoyah NSRB Minutes, Febru ryi19-20~1~992~ 640 644 5 Sequoyah NSRB Minutes, May21 -22,4I992 ~ *655 655 7 June 10, 1991 memo withMa~y 1991 -NSRB Minutes 634 639
_ _attached _ _ _
9 Spq oa SBMnutes, February,.99-201992 0 5707 5708 20 q 8ic~Roer SRB~otebof` ok (redacted 1289 1322 21 JonCrSRB notebbk ~(fedacted) 1289 1322 22 Ben EaslyMilissa Westbr~k RB notebook 1289 1322 23 4 Charles Kent SRB ioeok(eatd 1289 1322 214-'- January 10, 199 MArthur TVA OIG Record of 1527 1532
/ Interview
'125, January,1,f1994 Kent TVA OIG Record of Interview 3178 3182
'26 fdbrdar 3,1994 Beecken TVA OIG Record of 4837 4842 K.Inerview 27 Fiser Sequence of Events 1051 1076 28 Fiser, August 30, 1996 Assignment to TVA Services 2368 2369
_ __ _ (redacted)_ _ _ _ _ _ _
29 Fiser, September 5, 1996 Resignation (redacted) 2369 2381
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. (REJECTED) 30 January 5, 1989 Fiser Performance Review 993 999 31 September 18, 1989 Fiser Performance Review 1000 1001 32 September 30, 1991 Fiser Performance Review 1009 J~qll4 33 September 8, 1992 Fisor Performance Review 1037/ 0141 (redacted) AN_ __ _ _ _ _ _ __ _ _
34 Memorandum of Agreement, April 5, 19914 343,4 :~ 355 331 211 36 Voeller Day Planner Notes 33______
39 July 12, 1996 Harvey TVA-OIG Record of In Mew~ 4998
____(redacted) 41 October 29, 1996 Easley TVA OIG Record ofA'~ 12,i~49 1259 Interview 'VI 42 July 24, 1995 Fiser Position Description lfor,;747 /7 748 Chem/Env Manager /i-A~
N 43 March 16, 1992 temporary transfer agemet1028 1032 41/4z 44 September 20, 1999 Notice oApaetVltin; 31 321 45 September 20, 1999 Nofice6f Apparient Violatio~fn to 1539 1541 M cArthur / JX _ _ _ _ _ _ _ _ _ _
46 Mc~Grath, Septemobebr 2~O~i, 1999 coihfirm'htibri of 5294 5296
~f~gement fo lsd0 ncement Conference
_____ Cl eprt 2-98-0113)-,~1' 47 Feb~&irj7'7 2000, Noticeof Violation and Civil 294 295
_ __ _ Penalt y>"__ _ _ __ _ _
48 Ferury7,2 I0Notice of Violation to McArthur 1501541 497 February 7, 2q00 Notice of Violation to McGrath (01 5294 5296 Report 2-98-013li____
51~ January 22 f2001 McArthur Reply to Notice of 1540 1541 Violatio n/ __ _ __ _ _
53 MaY142001 Order Imposing Civil Penalty 308 309 5- September 25, 1996 Landers TVA OIG Record of 2083 2089 Interview _ _ _ _ _ _ _ _ _ _ _ _ _ _
A-2
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. (REJECTED) 58 February 26, 1993 Sequoyah Implementation of 3007 3007 Interim Radiological Control and Chemistry Organization 59 April 2, 1993 Fiser Notice of Transfer to ETP 1097 4698 60 August 13, 1993 Fiser Notice of RIF 111 9% 1120 63 September 30, 1993 BP-1 02 Selection Policy /~~8f~~ 842 65 May 6, 1987 Personnel Manual Instruction Sectin 7 1226 \0'~ 1~7
- Reduction in Force 66 April 17, 2002, Joint STP Between TVA and St6 ~<650 ~ 5 67 April 23, 2002, Joint Stipulation between TVA andi ,651 651 Staff .0
_____ W~TA EXHIBITS. _____
4 September 27, 1996, Job Offer to ie C 53~ 428 4302 5 October 31, 1996, declaration ofiSam L. i4 ,6rve~yi~ '~4§ 3 4994 before DOL A 7 9 January 15, 1998, declaratI~fi~ of Fredrick M. F 4087 4096 Anderson submitted inicon6nectionWith Fiser's1996
___complaint (CC 286;871) <
11 O(ctober 31, 199'4; memfi-o from Hick J4221 4229
_____ ge (EE-286-53)Y,'a o .
12 ianuayl1\1-j994,1Investigation I nsert (OI G File No. 3274 3285 13 No'vemberN25, i1996,,,OIG Report of Administrative 4229 4231
~ nuiry (EE 2`21"-39)>~~`
1 4Jr June 17,1996, 5Snifil-arvey Franklin planner note 4995 4997 11 Septemberd6t194, memo from R.R. Baron to 4374 4375 F Zeringue
" (~EEt619-27)______
24 .Selection Package for VPA No. 6621 (HH 1-1 98) 1265 1274 26 Nvmer 19, 1999, declaration of Sam L. Harvey 4981 4994 ibefore NRC 01 27 November 27, 1997, Memorandum, Sam Harvey to 2129 5034 W.C. McArthur, "Discrimination and Harrassmenf' 15032 A-3
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. (REJECTED) 31 August 5, 1996, memo from Zeringue to Grover 765 765
___(Loan Assignment to INPO) (AF 33-36) 39 February 26, 1999, declaration of Alice L. Greene 4470 4481 submitted to Ol in connection with Fiser's 1996 DOL complaint (AF 588-740); pp. AF000627-AF000740 / ______
48 January 20, 1994, Investigative Insert (OIG FlNO 609R"4 613 2D-1 35 (AJ 297-335) 51 May 22, 1995, 01 Report of Investigation (Case No. 685 718 2-93-068) (BE 1-1 2, 17-33, 87-92, 136-37, 224 25) i 55 PDs and VPAs for positions created in NP's 199635 4010 4014 reorganization (BF 1264-1 362) _______
56 June 27, 1995, PD, Gary S. Boles $013, 4014 57 Employee Concerns Programs (ECP) Fildedrosure 15683 2A 5709 Summary, July.13,,1993 61 1996, Vacancy Posting System lne'nt I, NA023'
// /____
(4031)
(Rejected) 62 Operations Support's organizational overvew (1B11- 752 822 229) ~~
65 TVA's Principles and Patces-Comimitment to 587 591 Nurclear Safety,(CA "2506-51) ,______
66 ~ ~mrunication's Pir4~ac'ticde Expressing Concerns 590 591 and" Dferng VieWs(A 253-56) ______
70noei er20~-~1 191Sqoah NSRB Minutes 633 51 73 $: t~ ec ~ tion Report (SCAR) No. 653 655 "SQSCA92000 (C 82)______
Otobr 192 M5Evaluation of Sequoyah Nuclear 754~; TVA Motion (M&O dtd.
/j. Plant )dtd 10/7/02 10/24/02)
[7 _ _ __ _ __ _ __ __ _ _ _ _ _ _ _ _ _ _(R ejected) 80 Selected pages from selection package for VPA No. 3237 3244 "10:249 fo Shift Supervisor, PG-5, position (DB 1-3,
____ 7071, 94, and 120-22) ____________
81 OIG Report re: Ronald L. Grover (OIG File 140-71) 4239 (4243)
_____ ____________________________________ __________(Rejected)
A-4
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(REJECTED) 82 October 6, 2000, memo from Jack A. Bailey to 2239 2242 Grover (GB 1063) _____
83 1996 Retention Registers and RIF Notices, Watts 5473, 5475, (5530)
Bar Nuclear Plant (redacted and substituted) 5528 ~ (R'ejected)
__ _ _ _ _ _ _ _ _ _ _ _ _ ~adm itted 84 1996 Retention Registers and Assignments, Wts 5473,~5531U`T 5732 Bar Nuclear Plant (redacted and substituted) / +
85 March 10, 1997 Retention Registers, Watts Barr, /57,5 ' :5732 *K Nuclear Plant (redacted and substituted) ______
86 Watts Bar Nuclear Plant, FY 1997 workforce ;5473, 5531 5732 planning documents and employees' 1997 Rete~ion
____Registers (redacted and substituted) V 87 Watts Bar employees 1997 RIF Notices,(redaicted 5473 -5532 5732 and substituted) 88 Browns Ferry 1996 employees' R~etentiontRegis't'e~"r's" 543 553 5732
____(redacted and substituted)/
AK-4 A 89 Browns Ferry 1997 employees' Retention Regis&~s 5473, 5533 5732
____(redacted and substitute /P" 90 Browns Ferry 1996 ermoloyees' RI oie~5473, 5534 5732
_____ (redcted and substituted) 91 ~.Brownb ,Ferry 1997,,mpidyees' 1997 Surplus 5473, 5534 5732
_____ !~oices (redacted an~d substituted) 92 BonFerryF-~ 996 emploq'ees' 1997 Surplus 5473, 5535 5732 Notices,(redact~ddand s ubs~tituted) ______
93A / orporate Nu'dle'ar~er~niiooyees' Retention Registers 5473, 5541 5543; M&O
/v(redacted) dtd. 10/ /02 93B Corporate Nuclear employees' Retention Registers 5473, 5541 5543;M&O
'~(redacted an~d summarized) dtd. 10/ /02
-94A(- Corporal:6&Nuclear employees' 1996 Surplus Notices 5473, 5535 5539;M&O
_____ (da~ted)_________dtd. 1 0//02 941B ~-Corporate Nuclear employees' 1996 Surplus Notices 5473, 5535 5539;M&O
____(redacted and summarized) _______dtd. 10/ /02 95 Corporate Nuclear employees' 1996 Retention 5473, 5537 5736
____Registers (redacted and substituted)
A-5
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(REJECTED) 96 Sequoyah employees' 1996 Surplus Notices 5473, 5539 5736 (redacted and substituted)_______
98 Grover's termination letter (GB 1540-42) 2259 2260 99 Grover's DOL complaint (GB 1543-59) 2242j, , 2243 100 Grover's EO complaint (GB 1560-65) / 2245 Y 2249 101 Resume of Carey L. Peters (FB 1-7) 4513 2 414 102 Peters' Summary & Analyses (FB 8-16) L 50 5G 105 July 25, 1996, memo from David F. Goetcheusjo 5083 59 Zeringue _______
106 TVA's Personal History Record User's Manual (FD1~. ~4456 4470 1-75) ~N _ _ _ _ _
107 January 4,l1990, memo from Jim M. flaest 4455 ~ 4470 Those Listed re personnc! microrE~cords(FD 76.8) 108 Pages f rom Tresha Landers' DaPIanerFEl122' -207 2079
____ Dy anne ~ 27 109 Sequoyah Nuclear Plant Sur~li~s Notices (1997)1 2', 5475, 5540 5736
____(redacted and substitutedt ______
110 Sequoyah Nuclear Plant'Retentioni Registers, (11997) 5475, 5541 5736
____(redacted and sub~titdted) _______
111 tDecernber l5,<1 999,9ltr~to, Anne T-$Boldfid from Mark 3799 3803 J. BUrzyhski an ndencki Q1-7
___ (F1-7),
112 TVks memorandum on th~e Admissibility of 972 5719 (non-
____Depositifi~On V V evidentiary) 113 ."September 4 ~,2001,`,NRC Staff Response to TVA's 976 1163
/ First Set of Intergors 114j Ronl D.GoeMarch 5, 2001, Notice of
____Proposed Termination (redacted) 16 March 29,1996, Journal Record of Events 2163 2331
~117i~'June 1, 1994, Journal Record of Events21930 11 WnJie 30, 1994, Fiser Daily Planner 2175, 5719 5720 119 March 25, 1996, Journal Record of Events 2320 2324 120 May 7, 1996, Journal Record of Events 2334 2338 A-6
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. ______(REJECTED) 121 June 29, 1994, Page from Fiser's Franklin planner 2232, 5719 5720 122 November 14, 1995, Fax from G. Fiser to J. Vorse 2417 2424 regarding Additional Supporting Information 123 May 10, 1993, Journal Record of Events 2524t ,2526 124 May 8, 1996, Fiser's Franklin planner 2774~'~ 2775 125 October 1, 1990, TVA Supervisor's HandbookA 537> ~' 537 126 September 18, 1989, Sequoyah Nuclear lantf 4911 \2 41.s Corrective Action Report 128 Memo, Sequoyah Nuclear plant, Nuclear Experience,' t4917 4879 Review (NER) e 129 November 24, 1992, Incident Investigation Report, N 4884701 Inadequate Setpoint Calculations for Radiation A>
Monitors Ae 130 August 8, 1991, Incident Investigation RprUi1 2675 2698 Lower Containment RadiationMo~nitor i evc ih Inlet Valve Closed/
A"'I 386 320 131 OIG Interview with Charles E"!' Kent/ 31630 132 Chart entitled "Decision 1',To Post 'Not~O~stq" 4062 4062 133 Oraiainl~hrAgs 9Ceistry 4070 4070 134 Organiiationi~h Chart, AUgust 1996, Steam 4070 4070 GeneratorTechology Mg'k~r ,,~Maintenance Support
)lm gr.'_ _ _ _ _ _
135/~ June 20, 1994, Pagfro Fiser's Franklin planner 4292 4293 1,,36 May 10, 1996lPage from Fiser's Franklin planner 4303 4309 138 Resume ofVRobert J. Beechen 4795 4796 19 Rsu6 of Mark J. Burzynski 4863 4865 140 -Resume of David F. Goetcheus 5074 5075 141 Resume of Sam L. Harvey 4970 4974 142 Resume of H. Keith Fogelman .5356 -5357 A-7
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. ______(REJECTED) 144 Resume of Heyward R. Rogers 5164 5164 145 August 14, 1989 Memo transmitting NER Item for 4867 4869 Action or Information 146 August 14, 1989, Corrective Action Report re: diesel 487 / A82
_ _fuel oil sampling_ _ _ _
147 Sequoyah Final Event Report re: diesel fuel ol4884 rWFM 4894
_ _sampling /7 /
148 CD containing December 9, 1992 conversatiofi', 4I2 \4 between Gary D. Fiser and Robert S. Beecken /______
149 Vacancy Announcement 66-21 ~5568 5577 150 Form document 4790 4793 151 jFax cover sheet 4170 4793 152 ISam Harvey's notes in response toh i4 isoition of 5008 52 Jharassment allegations - __ _ __ _
S§TAFF EXHIBITS§ _____
2 TVA OIG Record of ItriWofJm~E.Boyles, 3976 3984 July 10, 1996A 4 Dept. of Labor (DOL) PersonaI lnij~etr~v~iw'4S~tatwement 3976 3984 am~res E. Bpoyles', May 22, 1 _______
s 6LDelrtino James-E. Boyles, filed January 3976 3984 6 R ffice of IvestigaKi16ns;(OI) Interview of James 3976 38 EeB6yfes,66tber 22, 1998 7 7 'Deposition olarns':Boyles, November 9, 2001 3976 3984 121 Memorn mJ~ ~seph Bynum re 1704 1706 RadCon/Chemfi'stry Environmental Organization at f '\chart Sequoyah and Browns Ferry, with organizational
~21. ~-TVAX QIG Record of Interview of Ben Easley, 1248 1259
~i ~Otoer25, 1993 22 TVA OIG Record of Interview of Ben Easley, July 1246 1259
___10, 1996 A-8
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. ______(REJECTED) 24 Interview transcript of TVA OIG Record of Interview 1246 (?) 1259 of Ben Easley, October 29, 1996 25 DOL Personal Interview Statement of Ben Easley, 1248 1259
_ _December 10, 1996 _____
26 NRC 01 Interview of Ben Easley, October 29, 1998 1248~y 1259 27 Deposition of Ben Easley, November 29, 2001 A 7 12OA15 Fisher 418 29 Ltr to Senator James Sasser from Gary Fise5jX ',41 William, Jocher, and D.R. Matthews, August 16 7/5P 1993 _
30 Ltr to Senatory Sasser from William Hinshawl '4195 4208 Inspector General, September 9, 1993 / ________
31 Memo from E.B. Ditto to Wilson McArthur reXa 14461N 1447 response to Senator Sasser's Itr, SeptembiFe722, 1993 32 Ltr to Senator Sasser from William inhw I - 415 4208 Inspector General, October 22~;1993/\
33 Ltr to Senator Sasser f rom ~'George Pro"sser, Yj 4195 4208 Inspector General, April2~,,1'994 34 Gary Fiser DOL cmainttr to C&aro[Merchant, 1126 1144 Setember 23, 1499321 37 ryie xch rt lettertarol Merchant, 663 669
-June25;,1996 (re' acted) \N14 43 Position CDescription fordGary~Fis"er, Chemistry and 744 746 EnibmhditcinS!rga Manager,
,qctobe 17,194~:______
44 TVA Employee"Appraisal for Manager and Specialist 1001 1005 Eploees orqafy~Fiser, November 7, 1990
- ~
AA TVA Employee Appraisal for Manager and Specialist 1006 1008
<IEmployees jor Gary Fiser, January 29, 1991 46 Performiance Review and Development Plan for 2306 2308
_____ aryFisrOctober 1, 1993 to September 30, 1994 ______ ______
47 Performance Review and Development Plan for - 2308 2310
____Gary Fiser, October 1, 1994 to September 30, 1995 ______ ______
A-9
EXH. DESCRIPTION IDENTIFIED ADMITTED/
NO. (REJECTED) 49 TVA OIG Record of Interview of Ronald Grover, July 3648 3650
___11, 1996 50A Tape of TVA OIG Record of Interview of Ronald 3653 3654 Grover, July 11, 1996 f 50B Interview transcript of TV'A OIG Record of Interview 3650f-; 53 ~>3654 of Ronald Grover, July 11, 1996 /______
51 DOL Personal Interview Statement of Ronald/ 3655~ -3658 Grover, September 27, 1996 ~\ _ _ _
52 DOL Deposition of Ronald Grover, January 29; 198 p659 363- P 53 NRC 01 Interview of Ronald Grover, December~1 8 ' 3659 3663
_1998 54 Deposition of Ronald Grover, December 14, 2001 65; 3663 55 Employee Action Reasons for Ron Grover- 4079" 5723 56 Position Description for Ronald Grover, C m tr .4007 4008 and Environmental Protection MIanager uy2 1995 60 DOL Personal Interviewstatdment of ~Sam Harvey, 5030 5031 March 27, 1997
/ A 63 Deposition of Sam 1'L. tlrveyII fby~c'm e'2001 5068 5069 64 2otihDsfpiframH ieChemistry 745 746 65 Performancde"eview arid Development Plan for 3644 3645 SamF('a-rv~";C5tober 1>"1b994 to`September 30, 67 Memo from R&!GGrd8v9&t-t~o James Boyles re employee 1843 1844 harassment and i'nthAnidation by Sam Harvey, June
_ __ 24, 1996 _ _ _ _ _ _
03 TVA OIG Record of Interview of Charles Kent, 3182 () 3182
____AugustA5~,1 996 71Mnerve transcript of TVA OIG Record of Interview 3182 () 3182 o'f Charles Kent, August 15, 1996 72 DOL Personal Interview Statement of Charles Kent, 3182 () 3182 72 April 18, 1997 A-1
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(REJECTED) 73 NRC 01 Interview of Charles Kent, October 22, 1998 3182 (2) 3182 74 Deposition of Charles Kent, November 28-29, 2001 3182 (2) 3182 84 TVA OIG Record of Interview of Wilson McArthur, 1527 1532
___July 26, 1993 _____
85 TVA OIG Record of Interview of Wilson McArthur,A. 157ZM, 1532
___August 31, 1993 _____
86 TVA OIG Record of Interview of Wilson McArthur, 1527- Nt 1532 October 1, 1993t______
87 TVA OIG Record of Interview of Wilson Mc~hr~ 1527 13 February 24, 1994_____
88 TVA OIG Record of Interview of Wilson McArAu 12 1532 July 24, 1996 90 Notice of Sam Harvey's reassignment as A cting, i09 1096 Corporate Chemistry Manager and GarVfisees,4,,
reassignment to Program Manage~in Corportit6 )"
Chemistry, from Wilson McArthur, Novemb'er 18,<3/4i:~~,~
1992/
91 Ltr to Wilson McArthur fromnO.J. Zerin gue, 1467 1472 September 6, 1996[c 93 pAQGRecord of interview ofiWilsbni'McArthur, 1527 1532 pctoier 9, 199 95 DOLIP6`i~onal lntevl t~ement of Wilson 1397 1532 McArthiurY pril 24, 19 96 D D~eckiai~ti6n of Wilson ~McArthur, January`15, 1528 1532 97~NRC 01 lntervj&'of~ilson McArthur, April 20, 1999 1527 1532 9 Deposition of.Wilson McArthur, December 13, 2001 1527 1532 99~ Employee Action Reasons for Wilson McArthur 508 739 1A00 1"<z :Position Description for Wilson McArthur, Manager, 495 739 JeTclnical Programs, April 2, 1990 101 Position Description for Wilson McArthur, Corporate 495 739 Radiological and Chemistry Control Manager, June
____17, 1996 A-li1
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(REJECTED) 102 Performance Review and Development Plan for 518 739 Wilson McArthur, October 1, 1994 to September 30, 1995 107 Deposition of Thomas McGrath, November 30, 2001 943 ,955 108 Dayton Herald News Article, "SQN chemistry 847,e2294 / 2297 problems were well known,' June 12, 1994______
110 DOL Declaration of Phillip Reynolds, Janua 3561-- 358 1998 111 NRC 01 Interview of Phillip Reynolds, Decemberl8,/. ',587 () 38 1998 _ _ _ _ _ _ _ _
112 Deposition of Phillip Reynolds, November 8, 2001a~ 38 ? 3587 115 Deposition of Heyward R. Rogers, November30, Sllx 5238 2001 .
122 Deposition of Milissa Westbrook, Novemrber 8,2001l 483:4 5125 124 Vacant Position Announcement for Manaer\<3853821 Radiological Control, closing, date August 31, 194 ______
126 Organizational Chart for:NricIar Pow~r, Technical 3813 3814 Support, Operations Supp~ort, Techni cal Programs6, 1993 128 JVAkNuclear Corporate,1996 Reo6 n ainImpact 445, 5723 5723
____~pne~dcount _________
130 OrUgahii~ti6nal Chartfo-& Nu-clear Operations, 452 742 OperdtionsSupport, W~diofoblly and Chemistry 131 'Organizational ~Chart, ~Nuclear Operations, 455 743 Operations Sqjbrt Radiology and Chemistry Septemiber
'___Control, 7, 1996
/f3~Predecisiona(,`nforcement Conference for Thomas 3976 3984
- 7. McGrath November 22, 199 134W 'Predecisional Enforcement Conference for Wilson 1524 1532
~MMcArthur, November 22, 1999 135 Predecisional Enforcement Conference for TVA, 3093, 3976, 3182, 3984, December 10, 1999 4943 4943 A-1 2
EXH. DESCRIPTION IDENTIFIED ADMITTED!
NO. (REJECTED) 147 DOL Brief in Support of Respondents Motion for 2384 (2390)
Summary Decision 5330 (Rejected) 5335 admitted 148 DOL Order Denying Motion for Summary Decision in 5330t 5335 Gary Fiser v. TVA, April 21, 1998 152 Announcement of Vacancies in the Manage 348~ 3486 Specialist Pay Schedule-Revised Selectio a~r 9 Policy, March 23,193 (Z 154 Revision to Selection/Waiver Policy-Selecting' -e -)3484-85 386 Career Skills Center Employees to Fill Manag'ement-,Y and Specialist Positions, July 7, 1994 160 Record of OIG interview of D. Goetcheus, Ju lyo23, 'N5102-' 5107 1996 ~i 162 Declaration of G. Donald Hickman~,Af' 140 166 Record of OIG interview of K. Welch, July'29_,~ 7329 5724 168 CD (Tape A, Side A/Sec I)A1090 1090 169 CD (Tape I, Side A/See iIlAl;~V, / 1113 1119 170 NUREG-1 600, Revisiori~f Enfor~cementPolicy`, FR 282 283 dtdcfNovember 94~99 ,1 173 jtrjrotm,,Hickmr~n ~Assistant IG, to aFier, August 10, 2284 2288 174 pp. 628, 630, 631, IG Report re Sorrell, September 4217 4221
__ __ 25,469§7 _ _ _ _ _ _ _ _ _ _ _
174/ p.721 -733, IG 'Re rt~re Sorrell, September 25, 4233 4234 1997 V
77 IG Report against chemist, May 22, 1995 985 987 I18~
Tape ,g 4422 4425 179g -Tpi 4426 4427 18 "Old letter re: Grover, July 9, 1998 4790 4793 A-1 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos 50-390-CIVP,
) 50-3271328-CIVP and (Watts Bar Nuclear Plant, Unit 1; ) 50-259/2601296-CIVP Sequoyah Nuclear Plant, Units 1 & 2; and )
Browns Ferry Nuclear Plant, Units 1, 2 & 3) )
(Order Imposing Civil Monetary Penalty) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (REJECTION OF LATE-FILED EXHIBIT: CLOSING OF EVIDENTIARY RECORD; TRANSCRIPT CORRECTIONS; SCHEDULES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAV) have been served upon the following persons by U.S mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard F. Cole Ann Marshall Young Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Dennis C. Dambly, Esq Mark J. Burzynski, Manager Jennifer M. Euchner, Esq Nuclear Licensing Office of the General Counsel Tennessee Valley Authority Mail Stop 15 D21 1101 Market Street U.S. Nuclear Regulatory Commission Chattanooga, TN 37402-2801 Washington, DC 20555-0001
2 Docket Nos. 50-390-CIVP 50-327/328-CIVP and 50-259/260/296-CIVP LB MEMORANDUM AND ORDER (REJECTION OF LATE-FILED EXHIBIT: CLOSING OF EVIDENTIARY RECORD, TRANSCRIPT CORRECTIONS; SCHEDULES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)
Thomas F. Fine, Esq.
Assistant General Counsel Office of the General Counsel, ET 10A-K Tennessee Valley Authority 400 W. Summit Hill Drive Knoxville, TN 37902 Offi ecetary of the Cominission Dated at Rockville, Maryland, this 24h day of October 2002