ML040710265
| ML040710265 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/03/2004 |
| From: | Whitcomb H - No Known Affiliation |
| To: | Caldwell J NRC/RGN-III |
| References | |
| Download: ML040710265 (3) | |
Text
UOWARD (2 wvflcofig ///
Telephone (429) 241-4141 Attorney at Law 405 Madison Avenue Suite 1440 Toledo, Ohio 43604-1207 Fax: (419) 241-4377 March 3, 2004 Mr. James Caldwell U. S. Nuclear Regulatory Commission Administrator - Region I11 801 Warrenville Road Lisle, IL 60532-9730 RE:
Documented Obstructions Of Justice Affecting The Public Health, Safety And Welfare Pursuant To 10 CFR 50.54(f)
Dear Mr. Caldwell; It has been two (2) weeks since your office received my February 14, 2004 corresppndence. In that letter I specifically requested that an allegation number be assigned to the enclosed concerns. These concerns are not new. I have raised them several times over the last two years. Rather than aggressively investigate these concerns the NRC has chosen to ignore them. To do so constitutes an obstruction of justice.
Although I have had two recent contacts from members of your office staff (one by Jan Strasma on February 25 and one by Christine Lipa on March 2, 2004), I have not received the requested allegation number assigned to my concerns or any follow-up contact by investigators regarding same. The assignment of an allegation number is not discretionary. It is required by federal law! Your failure to assign an allegation number and conduct a timely follow-.
up regarding these allegations constitutes an obstruction of justice.
On February 25, 2004, Mr. Strasma (Public and Regulatory Affairs) stated that he was aware of the concerns in my February 14, 2004 correspondence. As such, any genuine concern by the NRC regarding the confidentiality of my concerns became moot when Mr.
Strasma first became aware of them. Furthermore, Mr. Strasma is not the appropriate individual to investigate the content of the submitted concerns. This-breach of confidentality on your part regarding these allegations constitutes an obstruction of justice.
0 At the February 12, 2004 (6:OO PM) NRC public meeting held at Camp Perry, Port Clinton, OH, I submitted my written prepaped comments to be included with the public record as I was unable to verbally deliver them at that meeting. In the message I.received
J. Caldwell ltr March 3, 2004 Page 2 of 3 from Ms. Lipa yesterday, she stated that she was not going to put those comments into the public record. No one within the NRC has the authority to conceal those comments and/or exclude them from the public record. Ms. Lipa's stated intention to do constitutes an obstruction of justice. I demand that YOU place my comments into the public record as submitted on February 12, 2004.
On Thursday, February 26, 2004, Mr. James Dyer inappropriately reported to the NRC commissioners that the communications problems within the NRC" were properly being addressed and resolved. Mr.
Dyer further stated "Davis-Besse was a significant event; not for public health and safety but certainly for our regulatory process.
I' (The Toledo Blade, February 28, 2004). To put it in Mr. William Ruland' s vernacular, Mr. Dyer s comments are ftbunklt.
Mr. Dyer s assertions to the NRC commissioners, as well as the American. _ ' -
public, constitute material false statements involving significant nuclear safety issues that are well-documented by an allegation history that is being suppressed.
The issues raised within this letter are not ffcommunicationsll issues. These concerns are real time examples of how the established process has and continues to be abused by you and your staff. The Atomic Energy Act of. 1954, as amended, (the Act) provides reactor and public safety through a labyrinth of processes. The processes are imposed upon licensees and regulators by federal law. No one has impunity or protected privilege for Section 223 violations of the Act. I have previously noted that when the regulatory process fails, as has been demonstrated with the hole in the reactor vessel head at the Davis-Besse Nuclear Power Station, nuclear safety and homeland security can not be assured and therefore, the public is vu1nerab.l.e to undesired risk.
There are still unresolved safety issues at the Davis-Besse Nuclear Power Station. The restart of the Davis-Besse Nuclear Power Station is not possible pursuant to 10 CFR.50.54(f) without resolution of these concerns and their basis. Collectively, the above-cited actions are acts of criminal misconduct committed by specific NRC personnel. By copy of this letter, I am requesting that the United States Attorney General's office intervene pursuant to my previous correspondence so that these on-going acts of criminal misconduct can be put to a swift and abrupt end.
I do not intend to capitulate with public officials, such as yourself, as it pertains to the health, safety and welfare of myself, my family and my neighbors. I still await your prompt
J. Caldwell ltr March 3, 2004 Page 3 of 3 attention and response to this very serious matter. I am demanding that you promptly answer my previous requests. If you are unable or unwilling to do so, then I am demanding that you immediately resign your employment with the NRC. Either way, it is time for someone within the NRC to demonstrate that the NRC is sincerely committed to placing the public's health, safety and welfare as its highest priority through application of the processes currently mandated by federal law - not se-lf-sewing chatter.
Respectfully Submitted,_
mk-ard C. Whitcomb, I11 Attorney at Law Resident of Ottawa County, Ohio cc :
Mr. John Ashcroft, US Attorney General Mr. Hubert Bell, Inspector General US Senator Mike DeWine Mr. Nils Diaz, NRC Commissioner Mr. Tom Henry (The Toledo Blade)
US Rep. Marcy Kaptur US Rep. Dennis J. Kucinich Governor Robert Taft US Senator George V. Voinovich