ML18102A845
| ML18102A845 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 01/10/1997 |
| From: | Briggs W AFFILIATION NOT ASSIGNED |
| To: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML18102A844 | List: |
| References | |
| NUDOCS 9702190205 | |
| Download: ML18102A845 (3) | |
Text
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Ross, DIXON s MASBACK, L.L.P.
STUA.. T PHILIP.. OSS GARY V. DIXON c:l;iLUAM H. ISRIGGS,.JR.
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MES l. CAosseERG CHARLES I. HADDEN WILLIAM £, 0 18RIAN1 JR.
. LONA TRIPL.£1'T ~CRAY ANDREW L.- SHAPIRO CELESTE pttlWPs*
EUZAl!!IETH C. KOCH MERRIL.J. HIRSH 601 PENNSYLVANIA AVENUE, N.W.
WALi.ACE A. CHRISTENSEN
.JOHH R. GERSTEIN CURTIS EMERY VON KANN CATHY A. SfMON DAVID M. GISCHE RICHARD A. SIMPSON LEE LEVINE SEAN M. HANIFIN
.aER G. THOMPSON IEUZAlllCTH SARAH GERE aARBAl'A E. ETKIND RO*E"T M. "°ZIN REl!!IECCA L. ROSS MICHAEL D. SUWVAN LEWIS K. LOSS WfUTE.. "S 01.. ECT DIAL (202)
DANIEL.J, STANDISH MARTIN*G, HACALA
.JOEL s. TOWNSEND WIL..UAM D. HOPKINS DAVID R, DWAlllES LESLIE S. A.HARi
_ DAVID L. PERRY
'Of° C0'1NSEL HAROLD E. MASBACK, *Ill ALEC M. l!IARINHOLTZ*
DEE LORD 662-2063 VIA FEDERAL EXPRESS Mr. Hubert J.. Miller Regional Administrator NORTH BUILDING w.i>,SHl!llGTQN, D.C. _20P04~2688 (202) 6.62-2000 FACSIMILE (202) 662-2190 CALIFORNIA OFFICE SPARK PLAZA SUITE 1200 IRVINE, CALIFORNIA 92614-8529 (714) 622-2700 FACSIMILE (714) 622-2739 January 10, 1997
- u. S. *Nuclear Regula~ory Commission Region 1 475 Allendale Road King of Prussia,. PA 19406-:-1415 Re:
December 11, 1996 letter to Bruce Hall Enforcement conf ere~ce OI Reports 1-94-006R*& 1-94-053
Dear Mr. Miller:
SETH D. llERUN CHARLES T, SL.AIR
.JAY WA.AO BROWN LISA A. BURNS
.JODI L. CLEESATTLE
~
ALYS I. COHEN*'
R. DA.Rfn'L COOPER PASCAL w. DI P'RONzo*
JOHN W. DUCHELLE JEP'P'REY H. DYGlt:RT*
EUZA!lr=TH 1!1. FITCH JOHN R. GIRIFP'ITHS GARRICK P. GROllLER ERIC M *.JAF'P"E*
THOMAS J. JUDGE*
f'A.. HANA. Y. KHER.A*
OfU LW THOMAS T. LOCKE*
MICHELE L. LYNCH*
WENDY G. MA.CY*
CY NTH IA R. MATH EA*
STACEY L. McGRAW TERRENCE R. MclNNIS UZA*M. MU.. PHY*
RICHARD.J. PIU.TT MICHAEL 'D. ROTHeERG.
ERIK J. SALOVA.AfU.
ftOLAND G. SCHftOEDEft RICHA.ftD C. SEA.VEY*
.JEREMY S. SIMON
- ..;OT ADMITTED IN o.e.
Your December 11, 1996 letter advised Mr*~ Bruce Hall of the NRC's decision not to initiate individual enforcement action against him.
The. letter also discussed certain*allegations*
against Mr. Hall and invited him to submit a response -if he chose to do so.
At Mr. Hall's request and as Mr. Hall's attorney,.! am submitting this brief response to your letter of December 11, 1996.
Mr. Hall appreciates the NRC's decision not to institute individual enforcement action against him.
Furthermore, he is grateful that the NRC recognizes that he was candid and remorseful in discussing his role in the *incidents that led to the September 11.enforcement conference.
The decision not*to take enforcement action against Mr. Hall is the right decision; and the NRC is entirely correct in recognizing Mr. Hall's candor and reinorse.
OU9593*.01 970219AOD20g~ 6§8~b~72 PDR PDR H
I
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ROSS, DIXON ~ MASBACK, L.L.P.
Mr. Hubert J.. Miller January 10, 1997 Page 2 As you know, and as your December 11 letter correctly noteE, Mr. Hall has consistently admitted that he may have made management mistakes* in supervising the.two individuals involved in this matter; however, he has also consistently an~
emphatically denied that he deliberately retaliated against anyone because they raised a safety concern.
.The purpose of this letter is to respond briefly to the comment in your December li letter which notes that "the NRC*has evaluated your contentions but does l)Otfind them persuasive."
Obviously we have limited, if any, control over what the NRC may or may not find persuasive.
Mr.. Hall's position is set forth in detail in the Declaration and accompa:rwing memo:J?andum that he filed with the NRC on September 5, 1996 and that he h~s asked to be included in any files the NRC maintains on this matter.
However, by this letter we wish to e;mphasize one fact which distinguishef? the allegations of retaliation in this matter from the overwhelming majority of such allegations, in other* cases --
Mr. Hall had absolutely ~o motive to retaliate against anyone for
.raising the safety concerns that are at issue here.
Because Mr.
Hall had no re~son to retaliate against the individuals involved
- in this matter, it is difficult to imagine why he would do so.
In fact, as Mr. Hall has consistently maintained, he did not retaliate
- aga:j.nst anyone. because of* the D*ecember 3 incident or its aftermath or because safety concerns were raised in an October 12 memorandum..
Mr. Hall was not the subject of the. concerns raised by the
- December 3 incident and its aftermath or the October 12 memorandum; his actions, his authority, and his standing in the company was in no way threatened by these events.
The undisputed record reflects that *the safety concerns related to the December 3 incident were raised before Mr. Hall even came to work at Salem
- and were entirely unrelated to any actions that he took or had any need or desire to defend.
The undisputed record reflects that the safety concerns raised in the October 12 memorandum were also entirely unrelated to any action taken by Mr.. Hall; even*
more importantly, the October -12 memorandum wa.f:? written because Mr. Hall asked that *the concerns raised in that memorandum be put in writing.
In view of these undisputed facts, Mr. Hall plainly had no motive* to re~aliate against anyone for raising the safety concerns at issue here, and he did not do so*.
The record in this matter is also clear that the two individuals who have accused Mr. Hall of retaliation had perfor;mance shortcomings.and were quick to obje~t to any attempt.
0119593.01
- .J.
ROSS, DIXON s. MASBACK, L.L.P.
Mr. Hubert J.. Miller January.10, 1997 Page 3 to corr~ct these shortcomings.
As Mr. Hall has consistently admitted, he may have m*ade mistakes in trying to handle this difficult management situation.
Indeed, the reasons why the NRC was apparently not persuaded. by Mr. Hall's contentions. g.o directly to Mr. Hall's possible management mistakes, *not to proof of some deliberate action to retaliate.
But there is a world of difference between management mistakes and deliberate violations the law.
Mr. Hall did no.t deliberately. violate the* law.
Mr~* Ha.11 respectfully requests that this* letter be.attached to the NRCs December 11 letter and be placed into t~e PDR along with the December 11 letter. *In addition, Mr. Hall also requests that his September s., 1996 Declaration and supporting* memorandum be included in the PDR with these materials.
Very truly yours, ROSS, DIXON & MASBACK, L.L.P.
WHB/jmh 0119593.01
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