ML16341A237
| ML16341A237 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/20/1984 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML16341A236 | List: |
| References | |
| 2.206, DD-84-19, NUDOCS 8409040341 | |
| Download: ML16341A237 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION Harold R. Denton, Director DD-84-19 In the Matter of PACIFIC GAS
& ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
5 2)
Docket Nos..50-275 50-323 (10 CFR 2.206)
INTERIM DIRECTOR'S DECISION UNDER 10 CFR 2.206 By petition and supplemental documents, dated July 27, July 29, July 30 and July 31, 1984, the Government Accountability Project (GAP) on behalf of Timothy J. O'eill and James L. McDermott filed a request pursuant to 10 CFR 2.206 of the Commission's regulations that further licensing decisions on the Diablo Canyon nuclear power plant be deferred until alleged harassment and retaliation onsite is neutralized, organizational freedom for quality assurance (gA) inspectors is restored and all project personnel are retrained in NRC quality assurance and employee protection requirements.
In accordance with the Commission's usual practice, the petitioners'equest was referred to the staff for appropriate action.
Mr. O'eill asserts that he was not provided adequate organizational freedom to carry out his quality control responsibilities and that he was harassed and threatened with disciplinary action for attempting to identify certain quality assurance deficiencies.
Mr. O'eill states that it was for these reasons he resigned on July 24, 1984 as a
8409040341 840820 PDR ADOCK 05000275 P
quality control inspector at the Diablo Canyon site.
Nr. NcDermott asserts in his affidavit that his lay-off on July 28, 1984 was retaliatory because he had refused to sign forms on retraining which he felt were inaccurate and covered subjects on which adequate training had P
not occurred.
The NRC staff has had a continuing concern about assertions of intimidation at the Diablo Canyon site which might inhibit workers from adequately completing their work or identifying deficiencies which could have an impact on safe operation of the facility.
In order to determine whether a widespread problem existed, NRC inspectors conducted earlier this year structured interviews with approximately 250 workers selected at random onsite.
Numerous additional informal inquiries on the specific question of harassment were made.
The NRC staff has been continuing inspections at the site throughout the summer which have involved numerous contacts with employees.
Based on all of these contacts, the staff has concluded that widespread or pervasive i&imidation of employees is not a problem at the site.
That is not to say one way or the other whether Hr. O'eill and ter. tlcDermott were intimidated or improperly terminated.
The Office of Investigations (OI) is investigating their assertions.
If the petitioners were improperly terminated or harassed, then the NRC staff will consider appropriate enforcement action against the licensee.
However, the staff has concluded on the basis of its interviews with employees on their working environment, its own inspections and reviews of the Diablo Canyon facility and its investigations of various allegations of specific deficiencies, that the allegations of harassment and intimidation and possible cover-up of deficiencies identified in this petition do not raise such significant
safety questions that the licensing of the Diablo Canyon facility should be deferred or that the other relief requested is mandated prior to licensing.
(See Transcript of Commission meeting, August 2, 1984, pp.
30-31.)
Consequently, those aspects of Mr. O'Neill's and Mr. McDermott's petitions are denied.
A final determination on the petitions will be made upon completion of the OI investigations.
A copy of this decision will be filed with the Office of the I
Secretary, pursua0t to 10 CFR 2.206(c).
Dated at Bethesda, Md.
this 25<day of August, 1984.
Harold R. Denton, Director Office of Nuclear Reactor Regulation