ML19263A253
| ML19263A253 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/03/1984 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Gilinsky, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML19263A254 | List: |
| References | |
| TASK-AS, TASK-BN84-058, TASK-BN84-58 BN-84-058, BN-84-58, OL, OM, NUDOCS 8403140261 | |
| Download: ML19263A253 (8) | |
Text
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Central Files Only Arpil 3, 1984 Docket Nos: 50-329 OM, OL and 50-330 OM, OL MEMORANDUM FOR:
Chairman Palladino Comissioner Gilinsky Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FROM:
Darrell G. Eisenhut, Director Division of Licensing, NRR
SUBJECT:
BOARD NOTIFICATION ON ALLEGATION PEGARDING CONVERSATION OVERHEARD PURING MIDLAND HEARING (BN 84-058)
In accordance with the NRC procedures for Board Notifications, the following information is being provided directly to the Commission for information.
This information is applicable only to the Midland Plant, Units 1 and 2.
The appropriate Boards and parties are being informed by copy of this memorandum.
An affidavit regarding a conversation overheard during the Midland OM-OL hearing has been received and reviewed by the NRC.
This matter relates to the conduct of the proceeding and could be material and relevant to quality assurance / quality control issues before the Board.
Consistent with the pro-cedures of the Commission's Policy Statement of August 5,1983, regarding Investigations and Adjudicatory Proceedings (48 FR 36358, August 10,1983),
the staff has determined that Enclosures 1 through 4 should be provided only to the Commission for their in camera consideration.
We are providing for the use of the Commissioners one complete copy, showing no deletions, of Enclosures I through 4.
We are also providing an additional copy of these enclosures for the Commissioners, and copies for the presiding Atomic Safety
& Licensing Board and the parties, from which the name of the alleger and associated identifying information have been removed in accordance with the alleger's reauest for confidentiality. is one of six affidavits on the Midland Plant provided NRC June 29, 1982, under coverletter (Enclosure 2) by Ms. Billie P. Garde of the Government Accountability Project.
It presents fragments of a conver-sation overheard between two attorneys for Consumers Power Company, an NRC ettorney and a staff witness outside the hearing room prior to the witness's testimony on October 15, 1981. The witness's testimony addressed an item of noncompliance in Region III's Inspection Report 50-329/80-32; 50-330/80-33 regarding a log (known as " Patty's log") of interfacing design documents reflecting FSAR requirements and a section (Block 8) of the quality control form used in the applicant's re-review of the FSAR.
84 1h ?(f
Darrell G. Eisenhut Enclosure I was reviewed by the NRC's Office of Inspector and Auditor (Enclosures 3 and 4). The review found no evidence of misconduct nor of an ethical transgression on the part of the NRC attorney. The review also found no evidence of an overt act necessary to establish a conspiracy to hide information from the Licensing Board or other hearing parties.
Therefore, the matter is closed.
This Board Notification supplements the discussion of this allegation as provided to the Board and parties by RIII Inspection Report 50-329/PA-03(OSC);
50-330/84-03(05C) under R. F. Warnick's coverletter dated February 15, 1984.
Drf ninnl eigr.ed by Eobo"t A. Purple Darrell G. Eisenhut, Director Division of Licensing Office of Nuchar Peactor Regulation
Enclosures:
(1) Affidavit (2)
B. Garde coverletter, 6/29/82 (3)
R. Smith memorandum, 4/19/83 (4)
G. Messenger memorandum, I/30/84 cc: OPE OGC ED0 SECY (2)
Parties to the Proceeding C. Bechhoefer, ASLB F. P. Cowan, ASLB J. Harbour ASLB C. Kohl,ASl.AB J. Buck, ASLAB T. Moore, ASLAB
- NOTE:
SEE PREVIOUS WHITE FOR CONCURRENCE DL:LB #4 DL:LB #4 OELD RIII AD:L:DL DIR:01A
- DHood/hmc *EAdensam
- ECristenbury
- RWarni t.k
- TNovak
- EMessenger 3/20/84 3/20/84,
3 207E4 3/20/84 3/28/84 3/22/84 f.
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.isenhut 3/[f84
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DISTRIBUTION LIST FOR BOARD NOTIFICATION Midland Units 1&2, Docket Nos. 50-329/330 ACRS Members Charles Bechhoefer, Esq.
Dr. Robert C. Axtmann Ms. Lynne Bernabei Mr. Myer Bender James E. Brunner, Esq.
Dr. Max W. Carbon Dr. John H. Buck Mr. Jesse C. Ebersole Mr. Ronald C. Callen Mr. Harold Etherington Gerald Charnoff, Esq.
Dr. William Kerr Myron M. Cherry, P.C.
Dr. Harold W. Lewis Dr. Frederick P. Cowan Dr. J. Carson Mark Barton Z. Cowan, Esq.
Mr. William M. Mathis T. J. Creswell Dr. Dade W. Moeller Gary J. Edles, Esq.
Dr. Milton S. Plesset Steve J. Galder, P.E.
Mr. Jeremiah J. Ray Dr. Jerry Harbour Dr. David Okrent Samuel A. Haubold, Esq.
Dr. Paul C. Shewmon Mr. Wayne Hearn Dr. Chester P. Siess Dr. W. Reed Johnson Mr. David A. Ward Mr. James R. Kates Frank J. Kelley, Esq.
Christine N. Kohl, Esq.
Dr. J. Venn Leeds, Jr.
Mr. Howard A. Levin Steven Lewis, Esq.
Dr. Emmeth A. Luebke Mr. Wendell H. Marshall Marshall E. Miller, Esq.
Michael I. Miller, Esq.
Thomas S. Moore, Esq.
William C. Potter, Jr.
Mr. Paul Rau Harold F. Reis, Esq.
Ms. Mary Sinclair Ms. Barbara Stamiris Frederick C. Williams, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Panel Docketing and Service Section Document Management Branch MIDLAND (For BNs)
-Mr. J. W. Cook Vice President Consumers Power Company 1945 West Parnall Road Jackson, Michigan 49201 cc: Stewart H. Freeman James G. Keppler, Regional Assistant Attorney General Administrator State of Michigan Environmental U.S. Nuclear Regulatory Comission, Protection Division Region III 720 Law Building 799 Roosevelt Road Lansing, Michigan 48913 Glen Ellyn, Illinois 60137 Ms. Julie Morrison Mr. Ron Callen Midland Daily News Michigan Public Service Comission 124 Mcdonald Street 6545 Mercantile Way Midland, Michigan 48640 Lansing, Michigan 48909 Mr. R. B. Borsum
-Geotechnical Engineers, Inc.
Nuclear Power Generation Division ATTN:
Dr. Steven J. Poulos Babcock & Wilcox 1017 Main Street 7910 Woodmont Avenue, Suite 220 Winchester, Massachusetts 01890 Bethesda, Maryland 20814
-Billie Pirner Garde Mr. Don van Farrowe, Chiet Director, Citizens Clinic Division of Radiological Health for Accountable Government Department of Public Health Government Accountability Pro.iect P. O. Box 33035 Institute for Policy Studies Lansing, Michigan 48909 1901 Oue Street, N.W.
Washington, D. C.
20009
- U.S. Nuclear Regulatory Comission Resident Inspector's Office Comander, Naval Surface Weapons Ctr.
Route 7 ATTN:
P. C. Huang Midland, Michigan 48640 White Oak Silver Spring, Maryland 20910 Mr. Paul A. Perry, Secretary Consumers Power Company Mr. L. J. Auge, Manager 212 W. Michigan Avenue Facility Design Engineering Jackson, Michigan 49201 Energy Technology Engineering Cente-P. O. Box 1449 Mr. Walt Apley Canoga Park, California 91304 c/o Mr. Max Clausen Battelle Pacific North West Labs Mr. Neil Gehring SIGMA IV Building U.S. Corps of Engineers Battelle Blvd.
NCEED - T Richland, Washington 99352 7th Floor 477 Michigan Avenue Detroit, Michigan 48226
Mr. J. W. Cook cc: tir. I. Charak, Manager NRC Assistance Project Argonne National Laboratory 9700 South Cass Avenue Argonne, Illinois 60439 ATTN: Clyde Herrick Franklin Research Center 20th & Race Streets Philadelphia, Pennsylvania 19103 Mr. Patrick Bassett Energy Division Norwest Bank Minneapolis, N. A.
8th and Marguette Minneapolis, Minnesota 55479 t
's
L-~e^rv.y :
l On October 15, 1981, outside the Atomic Saf ety and Licensing Board Soils Hearing
( OM 50-329 and om 50-530) in the lobby of the Mi dl and County Courthouse, I overheard,a di scussi on between Mt Mi l l er and Ms.
Bl oom (Consumers Power Att orneys), Mr.
Willi am Paton ( NRC Attorney) and Mr.
Lansmann (NRC' witness).
This was i mmedi atel y pri or to Mr.
Lansmann's t est i mony.
Other people were al so g7_esent, however, I did not recognize them.
1, was seated with my back to the group about ten feet away.
Al t hough I was unabl e to hear the entire conversation, I was abi,e to tale notes unnoticed.
The statement "we' re not going to mention that" ceught my attention and I began to take notes as f oll ows:
".... l og lacking "....not happy wi th the l og as recentl y as October 5, 6,
and 7th...
don't mention that some were not happy.... don't ment,f on.... b ac k-l og gi ng the 109....
8032 document.... December, 1990 they were happy with the l og...
non-c ompl i ance... "
~
~..
Lansmann, Bl oom and Mill er began li sti ng "f our items of non-compl i ance"... "there were the two vi ol ati ons, one was answered between January and February, one was closed in the
(
May i nspecti on..... Bl oom and Mill er said "Say very li ttl e d
when you get up there"....Other fi ve... Lansmann said "I don't know--coul d be bi g".... "desi gn defects"....
Lansman j
then said. " con'f i dence l evel-asses sment t ool... Bl ock ade 2"
(
t 1
later discovered that they had ectuall y sai d Block B i
e too")..."Audi't discovered..." Mr.
Lansmann sai d "Ambigious procedures"...
Ms.
Bl oom, (CPco attorney) interrupted and
- said,
" Don't. use. 'ambigious'
- -u s e
- unclear or al ready
~
$ complicated"....
May i tem of non-compli ance".
My i mpressi on was that the group was very concerned or worried that the inf ormation about the other design defects not be trought out or offered by Mr.
Lansmann during hi s testi mony.
Mr.
Miller ano Ms,.
Bloom cautioned Mr.
Lansmann to say very-1ur little whi l e test i f.yi n g.
Mr.
Paton was present throughout the entire conversaticr.
I have read the above 2 page af fi davi t and It is
- true, accurate and c ompl et 2 to the best of ny knowledge and belief.
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1 I am sharing my af f i d avi t on problems at the the Midland Nuclear Plant with the LOfJE TREE COUNCIL on es: press condition that they will not use any parts thereof for any purpose wi thout my pri or consent.
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Dated:
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NAME AND IDENTIFYING INFORMATION DELETED'5d J
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UNITED STATES E
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t NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 April 19, 1983
~
MEMORANDUM FOR: James J. Cunnings, Director Office of Inspector and Auditor e
THRU:
Hollis Bowers, A/D for Investig ns
/
FROM:
Ronald M. Smith, Investigator
(/b Office of Inspector and Audito
SUBJECT:
REVIEW 0F ALLEGATION After reading the affidavit provided to this office by 4
Mr. Fitzgerald, I concluded that if there were wrongdoing associated with the bits of conversation recorded by affidavit, and included in
- it would have to be in the fom of a " conspiracy" to hide infomation from the ASLB and/or from other interested parties, i.e., intervenors.
(I think it appropriate to note here that affidavit was executed June 16, 1982, but concerned events which allegedly occurred some eight months previous. There is no indication as to why reporting delayed of this allegation.)
I also reviewed the pertinent portions of the transcript for the referenced October 15, 1981, hearing in an effort to try and identify any discourse (s) which appeared to coincide with the " bits" of infomation provided by I could find no such discourse (s) - particularly involving Mr. Paton (ELO attorney on the case). Thus I could find no evidence of an
" overt act" as would be required to establish the " conspiracy" referenced above.
With the failure to find evidence of. misconduct on the part of Mr. Paton, I was left with the possibility of an ethical transgression on the part of Mr. Paton, at least to the extent of an " appearance of evil" if he was in fact privy to a conversation which could be construed as an effort to " coach" the testimony of a Government witnest (Dr. Landsman).
In pursuit of this issue, I spoke to Mr. Paton on April 6,1983.
In sum he acknowledged that he was the NRC attorney assigned to the case. He noted that it is his nomal practice to permit licensees and intervenors to talk to his witnesses in the interest of getting all of the relevant infomation out into the open.
However, it is also his practice, as a general proposition, to be present - as the NRC's attorney - during such conversations.
Mr. Paton further stated that he has read the affidavit but does not recall the alleged conversation as having taken place. He did know that had such a conversation (involving the coaching of a witness) been attempted, he would not have pemitted the conversation to continue.
Mr. Paton stated as his primary reason for this position the fact that no case was worth taking the risk of losing his license to practice law (he is admitted be.' ore the PDrL
~._u r u n mrie v p//
File 83-41
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Haryland and D.C. bars and before the United States Supreme Court). Without his license he could no longer work and support his family.
Finally, I would note that the allegation was rather nonspecific in nature.
To be sure bits of language, out of context, and a setting were provided where suspicions could be raised. However, because no further details wer*.
provided, e.g., how this alleged conversation resulted in bad condr.t. it really is of no practical use. That fact coupled with the fact that I can find no obje:tive proof of conduct and my belief that Mr. Paton was truthful in his responses to me leads me to the conclusion that there is no substantive matter to pursue.
It is unfortunate that Ms. Garde (GAP) in forwarding affidavit to Mr. Keppler did not provide anything clarifying and/or expanding on the inferred allegation contained in affidavit, particularly in light of her assertion that each affidavit had been reviewed " point-by-point."
I therefore conclude there is nothing else to provide.
Based on the above, at this time there appear to be no viable leads to pursue and accordingly I recommend that this matter be closed without further action.
- NAME AND IDENTIFYING INFORMATION DELETEDD2f 8
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p' '%9h UNITED STATES
[,," f(fl~ h NUCLEAR REGULATORY COMMISSION
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E W ASHING T ON, D. C. 20555 g
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January 30, 1984, MEMORANDUM FOR: John Harrison, Chief, Midland Project Office of Special C es, Region III W
w V
FROM:
Geo ssenger Actin 'D rector i
Office of nspector and A or
SUBJECT:
AFFIDAVIT OF In response to your phone call inquiry of January 19, 1984, concerning the status of the subject matter, the following information is provided:
)
The Office of Inspector and Auditor (01A) received one (by of six affidavits which had been submitted to-the U.S. Nuclear Regulatory Commission (NRC) by Billie Pirner Garde, presently Director, Citizens Clinic, affidavit was believed Government Accounta W ity Project (GAP). The to fall within the purview of investigations conducted by OIA.
I which was executed June 16, 1982, DIA reviewed the affidavit of but concerned events which allegedly occurred some eight months previous, an' also reviewed portions of the transcript of the Atomic Safety and Licensing Board Soils Hearing and was unable to find any evidence of misconduct.
Based o,n the 01 A review, there appeared to be no viable leads tn pursue and, therefore, the subject matter was closed by memorandum to the file, dated April 19, 1983.
i
- NAME DELETED j
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CONTACT:
Ilollis Bowers i
OIA - 27170 I,
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