ML17306B280
| ML17306B280 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 01/28/1993 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 9302180034 | |
| Download: ML17306B280 (4) | |
Text
REGULATORY INFORMATION DISTRIBUTIOSYSTEM (RIDE)
ACCESSION NBR:9302180034 DOC.DATE: 93/01/28 NOTARIZED:
NO DOCKET FACIL:STN-50-528 Palo Verde Nuclear Station, Unit 1, Arizona Publi 05000528 STN-50-529 Palo Verde Nuclear Station, Unit 2, Arizona Publi 05000529 STN-50-530 Palo Verde Nuclear Station, Unit 3, Arizona Publi 05000530 AUTH.NAME AUTHOR AFFILIATION MARTIN,J.B.
Region 5 (Post 820201)
RECIP.NAME RECIPIENT AFFILIATION R
CONWAYFW.F.
Arizona Public Service Co. (formerly Arizona Nuclear Power
SUBJECT:
Forwards synopsis of NRC OI Rept 3-90-012 which covered three areas.Two of which author addressed in 910802 ltr discussing'esults of two investigations by NRC OIG repts91-24G 6 91-28G.
DISTRIBUTION CODE:
IE01D COPIES RECEIVED:LTR ENCL SIZE:
TITLE: General (50 Dkt)-Insp Rept/Notice of Vio ation Response
, NOTES:STANDARDIZED PLANT Standardized plant.
Standardized plant.
RECIPIENT ID CODE/NAME PD5 PD COPIES RECIPIENT LTTR ENCL ID CODE/NAME 1
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E NOTE TO ALL RIDS" RECIPIENTS:
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UNITED STATES NUCLEAR REGULATORYCOMMISSION REGION V 1450 MARIALANE WALNUTCREEK, CAUFORNIA94596-5368 JAN 38 893 Docket Nos. 50-528, 50-529, 50-530 License Nos.
NPF-41, NPF-51, NPF-74 Arizona Public Service Company Attn:
Hr.
W. F.
Conway Executive Vice President, Nuclear P.O.
Box 53999, Station 9012
- Phoenix, Arizona 85027-3999
SUBJECT:
CLOSURE OF NRC INVESTIGATION NO. 3-90-012 Enclosed for your information is the Synopsis of NRC Office of Investigations (OI) Report No. 3-90-012.
This investigation covered three areas, two of which I addressed in an August 2, 1991, letter to you discussing the results of two investigations by NRC's Office of the Inspector General (OIG Reports91-24G and 91-28G).
In Report No. 3-90-012, dated January 16,
- reports, and also addressed an allegation that a comment by a former APS employee was intended as a threat to the safety of an alleger to the
- NRC, and that the former employee's alleged threat was either fostered, sanctioned or tolerated by APS management (this third concern was also addressed in OIG Report 91-02G).
The OI and OIG investigations did. not substantiate that the former employee intended his comment as a threat.
While the NRC investigations did not conclude that this episode constituted discrimination or intimidation by itself, we noted in our letter, Notice of Violation, and Proposed Imp'osition of Civil Penalty, issued on September 30, 1992, that the circumstances surrounding this incident, taken in context, demonstrated the existence of a hostile environment toward the
-alleger.
No response to this letter is required.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and the enclosure will be placed in the NRC Public Document Room.
Sincerely, R.
in
~~ Regional Admini tra or 9302180034 930128 PDR ADOCK 05000528 P
'DR
SYNOPSIS Based on a Request for Investigation originated by James Y. Yorse, Field Office Director, Office of Investigations (OI), Region II (RII),
U.S. Nuclear Regulatory Comnissfon (NRC), OI Region III particfpated with the NRC Office of the Inspector General (OIG) in a )oint investigation of the ARIZONA PUBLIC SERYICE COMPANY (APS), licensee operator of the'ALO YERDE NUCLEAR GENERATING STATION (PVNGS).
The OI:RII investigative request was based on both allegations and a 10 CFR 2.206 Petition filed by an employee of the licensee claiming widespread incidence of wrongdoing on the part of the employees, supervisors, and management of PVNGS.
Between August 1990 and July 1991, OI and OIG conducted an in-depth investigation into three of the alleger's more significant concerns.
Ffrst, it was alleged that a
PYNGS co-worker made certain remarks to a colleague and friend of the alleger which were construed by the alleger as a graphic threat to her safety and personal well-being as a result of her "whistle blowing" activities.
The alleger also believed that this threat was either fostered, sanctioned, or tolerated by PVNGS management.
Investigation, of the matter did not substantiate that the perpetrator personally intended to physically harm or fntimidate the a'lleger or that he did so fn complfcfty'with PYNGS or APS management.
Evidence was un-covered indicating that the perpetrator made deliberate material false statements during three official interviews regarding the incident.
These potential violations of Title 18 United State Code, Section 1001, were refer-s red to the appropriate U.S. Department of Justice authorities who declined to prosecute the matter.
Details'and findings of this inquiry were docu-mented in OIG Report of Investigation No. 91<<02G.
The second matter investigated by OI and OIG was an allegation that docu-ments legitimately collected by an NRC fnspector durfng official inspectfon activities at PVNGS were subsequently deliberately withheld by APS person-nel to prevent any negative impact the reports might have on NRC inspection findings.
Although the evidence did not substantiate a deliberate attempt to impede the inspection, the investigation did demonstrate that involved PVNGS personnel were negligent in adequately controlling the documents and ensuring their return to the NRC inspector.
Details and findings of this fnqufry were documented in OIG Report of-Investigation No.91-24G.
OI and OIG investigation of a third allegation dfd not substantiate the
'laim that a
PYNGS vice president ordered the destruction or withholding of an internal report that was extremely critical of the plant's emergency lighting system.
The investigation dfd uncover the fact that the alleger's supervisor misled his staff by attributing untrue statements to the vice president regarding the internal report.
The supervisor's actions thus gave rise to a baseless allegation to the NRC.
Details and find]ngs of this inquiry were documented in OIG Report of Investigation No.91-28G.
9301201 bcc:
J. Lieberman, OE J. Goldberg, OGC J. Partlow, NRR Palo Verde PM, NRR G. Cook, RV E. Pawlik, OI:RIII Allegation File RV-90-A-015 MBlume
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