ML19325F278

Discusses 870915 Concern Re Termination as Electrical Foreman & Supervisor Statement That Electrical Tagging Procedures Need Not Be Followed for Const of New Maint Bldg

ML19325F278
Person / Time
Site:	Millstone
Issue date:	10/16/1987
From:	Mccabe E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Delcore J AFFILIATION NOT ASSIGNED
Shared Package
ML19324D522	List: ML19324D521 ML19325F269 ML19325F270 ML19325F271 ML19325F273 ML19325F274 ML19325F276 ML19325F277 ML19325F278
References
RI-87-A-0113, RI-87-A-113, NUDOCS 8911200066
Download: ML19325F278 (89)

Text

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ENCLOSURE'2 '

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UNITED STATES.

l n1 NUCLEAR RE2ULATORY COMMISSION t

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REGION :

N 431 PARK AVENUE 1

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KING OP PRUeBIA. PENNSYLVANIA 1940e q

1 Docket no.-50-336

RI-87-A-0113 46 00T 1987 Mr. John' Delcore

+

244 Saint John Street

. New Haven, CT: 06511

Dear Mr. Delcore:

"L:

This refers to your September 15, 1987 discussion with the Millstone 2 Senior Resident Inspector, Mr. T.'Rebelowski.

Your concerns, as~we understand them,

<r are about being fired' as' an electrical foreman for the W.J. Barney company' and -

j

that your supervisor stated that electrical tagging procedures need not be'~

.followed for construction of the new Unit 2 maintenance building.-

+

In: regard to your being fired, as Mr. Rebelowski informed you, if you believe i

'there was.any discrimination against you, you need to file a complaint with the' U.S. Department of Labor (DOL) within 30 days of the incident. - The DOL p

procedure for_.' filing such 4 complaint was' malled to you from this office on

. September 16, 1987 with a note from me emphasizing that such complaints must be filed within 30 days of the alleged discrimination. An additional copy of that' procedure is enclosed with this letter. You may also contact a local DOL Office on such matters.

r

.In regard to not following electrical tagging procedures, we understand'your concern to be about carry-over into nuclear construction areas. We do. inspect

. nuclear safety-related' tagging at nuclear power plants. At the Millstone site, we have-generally found that the licensee complies with NRC requirements for control over such work. Discrepancies we have noted have

't been acceptably corrected.

Since there are no unaddressed nuclear safety conce-ns in this area as a result'of our inspections, and since there was no p

specific nuclear safety inadequacy identified in your input, we plan no specific follow-up of this concern. We will, however, continue -to monitor t

control over activities involving nuclear safety, including electrical I.

tagging.

In addition, we will continue to identify aspects which could be

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l' improved to the licensee.

Thank you for bringing your concerns to our attention.

If you have any 7

additional information or questions, please contact me.

m Sincerely, M O.kade, h l'

I Ebe C. McCabe, Jr., Chief Reactor Projects Section IB l

Tel: 215-337-5128 l

L.

Enclosure:

As Stated c

8911200066 891102

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PDR ADOCK 05000336 q

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-PDC

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iFFTH YEAA. No, nos Nsw MVsN. CONNsCTICUT. suhDAY, WHL te. inaa s t.as l

TODAY Fourwhistle-blowersarecornplainingthat Saf criticized e

a a

poor salsly procedures at Northeast Utilities' Millstone 2 MONDAY Employees who comoisin about tax salsty j

procedures at Millstone 2 say Northess! Utilities has tned to J

l l

.at nUC ear' p ant silence flem with harassment and they fear losing their jobs.

l TUESDAY. The Nicieer Re0uisory Commission is a

supposed to be the govemment warricog over lhe nuclear Workers cite shortcuts, lax attitude a= ianuarm = a= aama=s s'y =

a0sncy doas a ocor job of prolsclin0 the public.

3 Sy Terry Backa

[9 4 %,j,.,,g. V i T p.73;9h.. f 9 nesweer seen

,. 4 EL WATERPOND - Employees at

'1 i

Aussiasm e'-

Qg.

i the Millstone 2 nuclear power plant say the company treats safety g.g..-

wW as ifit were runnmg a corner gs-te--

ray instead of a place where small Four say

=="a ca* 'aaa caaa"aa' Millstone 2:

with radiauon.

. They say a tax amitude perme-.m m. M w asTt.E stes the Northeast Utilities plant. FIRST OF THREE PARTS ra n a

o I t r') O A \\ f t3 fram managers who encourage lV U

Q VI IQ\\ / V U '

money-saving shortcuts to workers afraid to buck the system.

watchdog and its lenient ans-Three employees and a former tude condones less than full industry watchdog aroups and clear power, including U.S.

general electncal foreman decided eompliance with safety a professional organisation of Rep. Edward Markey, D.

to go public with their allegations procedures.

the nuclear power industry.

Mass., say plants around the

- because t'iey say the Nuclear Reg.

"We'te dea, ling with radia.

A Northeast Utilities country are no safer now than ulat:ry Commission has done lit.

tion. contamination, reactor spokesman declined comment in 1979. The entics say the tie to respond to their concerns safety a,nd protecting the pul>

on the employees' credibility.

NkC isn't doing its job to pro-and the company has harsneed lic." said Millstone 2 instru.

"We do everything we can do tect the pubhe, ment s Donald Del-to address employee con.

Ire the 10 years since TMI.

core. "pecialist them.

We're dealing with a cerns." he said. "and in 98 per-nuclear plants have reported They tell of faulty equipment i

that is supposed to shut down the situation where we've almost cent of the cases we are 33.000 potentially senous mis-j l

. nuclear reactor in an emergency.

got to convince the public that successful."

haps to the NRC including i

Thty complain that employees it's safe.

Colleagues say the employ.

284 at Millstone 2.

1 have worked 80. hour weeks. de.

"When they,re not convinc*

ees are naht to go outside the Critics and proponents of spite federal orders to avoid exces-ing me it's safe. I can t go out company with safety concerns.

nuclear power disagrce on sive overtime.

and convince my neighbors.

"I have the utmost respect for what those numbers mean.

l And they say the plant hasn't and of late., they re not con-these peopic " said a Millstone Critics such as Public Citizen property adjusted a critical device vincing me, employee who spoke on the say nuclear plants are inherent-th:1 monitors the same kind of Together, the four Millstone condition of anonymity. "Nu-ly dangerous and should be valve that stuck open and led to whistle-blowers have 55 years merous employees feel the phased out. The Millstone 2 the worst nuclear accident in of experience in the nuclear same way and don't want to whistle-blowers, who say they Amencan history - the near melt.

field. They are Donald, Del-come forward because they're adamantly support nuclear down at Three Mile Island on core, instrument specialist all fearful for their job securi-power, and other nuclear safety Mrrch 28 '1979.

Gary Johnson, electrician Tim ty "

engineers say plants can oper.

O'Sullivan ai.d John Delcore, a U.S. Labor Department in-ate safely, but only if proce.

1

[

N rtheast, Utilities oficials say former general electrical fore-vestigation reports describe the dures are followed absolutely.

they run a ti,ght hip and point to man who worked for a piivate employees as knowledgeable Industry officials say the Millstone 2 s tier than-a erage contractor at the plant. The and hard-working. Labor De-mishap rates aren't cause for safety record with the The Delcores are not related.

partment oficials have deter-alarm and point out that no c mpany eraphatically enies set.

Because of the technical na-rnined that the company dis-major accident has occurred ting a tone of dtsregard r nuclea5 ture of the employees' con-criminated against Donald since TMI.

safety and demes the employees cerns, it's difficult to establish Delcore, O'Sullivan and John-Stephen Scace the station speci e allegations.

j beyond a doubt who's right son because of their safety superintendent in charge of l

And the NRC has called vinual-and who's wrong.

complaints.

Millstone 2 and two adjacent ly all the employees' concerns "un-But the employees' concerns While the Millstone 2 cm-nuclear plants in Waterford.

substantiated." But the Millstone are lent credibility by support ployees are speaking up about concedes that completely fol.

i employees said the NRC is a lazy from their collesaues, nuclear just one plant, entics of nu.

lowing NRC rules is impossi-i E.

graphic illustratign cf hrw "One cf the problema with i

a seemingly unimportant details this industry is that much of C

p alntS Continued can lead ta neir. disaster, %e the m nagement in these uuti.

Millstone whistle blowers say ties think they're still running Nonheast Utilities has forgot.

lossil fuel plants, that if some ten that lesson, thing were good enough for a j

ble,because nuclear plants are 18.000 people immediately.

At the most subtle level, the coal plant then it's good 1

so complicated. But he says kill 33.000 peopic later from employees said, workers have enough for nuclear," Pollard nuclear plants have 50 many cancer and cause environmen.

followed the lead of managers said.

safety systems that safety is en.

tal damages of about $200 bil.

who " wink" at procedural vio.

Pollard, like Donald Dei.

sured "at all times."

lion, according to a stady by lations and approve shoncuts.

core and O'Sullivan, worked in De spnng 1989 issue of Sandia National Laboratones, in the most blatant cases, the Navy's nuclear submanne Communicator, a publication a U.S. Depenment of Energy managers have told employees program where Pollard said.

cf a nationwide organization of lab in New Mexico. A Sandia to violate procedures when the the word " procedure" had al.

i nuclear plant employees, said spokesman says the stuoy as*

rules got in the way of stnct most biblical meaning. Sholly safety has declined pervasively sumes the failure of all safety schedules, the employees said, said a failure to follow proce.

because money is the top systems and of the concrete One senior level employee dures is the leading cause of

pnonty, buildi.ng that is supposed to said he was recently testing re.

mishaps reponed at nucicar Even the best-run plants are contam radiation t

actor control rods - entical plants.

poorly managed, the publica.

Scace, the station supenn*

devices that control atomic fis.

fileosi for capital: The whis.

tion said. The NRC is stumped tendent at Millstone, said most sion - when he discovered tie blowers and others say the on how to stem the corrosion employees live within 10 miles that he was following an im.

and "can only measure the de.

of the ares, which shows their proper procedure He said he driving force behind takana shoncuts is money - cuuma cline," the publication said.

high regard for safety, wanted to correct the proce.

company costs and keeping he national employees' "We're all local," he said, dure - as company rules ex.

power rates attracuve to indus.

group urged its members to ac.

" Employees are very proud plicitly say.

Inal customers. De emp%ees tively try to counter the trend.

and very dnven to make sure "Instead of stopping and

" Passive obedience to the sys.

it's operated safely because this making a correction, I was say they recall meetings in which supervisors talked about tem is now a ticket to disas.

is our home."

told,'Just do what you need to these issues and NU's need to ter," the group said. "The fight The whistle blowers said do to pt n donc and we'll wor.

for operauonal safety is losing they don't know that any safety ry about it later,' " said the em.

raise capital,in its bad to buy Public Service Co. of New

- worldwide."

tapse they cite could cause a ployee, who asked not to be Hampshire.

in se densee sano: Nearly catastrophe. Some problems named.

I 200.000 people live within 10 could cause injuries to workers Scace denied the company

.The most direct effect ot 3

this effort to save money is an miles of the Millstone cremplex inside the plant; others could tells employees to violate pro.

on Long Island Sound. That's lead to a radiation leak outside cedures. He noted that an em.

emphasis on ever.shoner an.

nual shutdowns to replace nu.

the third. highest population the plant, they saY.

ployee risks losing his NRC clear fuel and maintam equip near any nuclear plant in the But they and independent license if he knowingly violates ment, employees said. Dunns c"untry. Evacuatmg the area nuclear analysts said the con.

a procedure.

shutdowns, the utility must would take nearly 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />, cerns are important because no Steve Sholly, a nuclear pow.

The Millstone complea is one can predict when skipping er consultant at MHB Techni.

pay for alternative fuel such as about 40 miles east of New Ha.

small steps in maintenance cal Associates in San Jose, coal or hydroelectric power hat costs at least MM a ven, which puts the city within procedures or ignonns other Calif., and Roben Pollard, a day for the several weeks the the 50-mile danger zone for rn.

small details can lead to a ma.

senior nuclear safety engineer diation in case of a bad jor accident like Three Mile at the Union of Concemed Sci.

plant is shut down. according accident.

Island.

entists in Washmaton, D C.,

to the Council for Energy A severe meltdown of Mill.

The TMI accident in Penn.

agreed with the whistle.

Awareness, a nuclear endustry stone 2's reactor core could re.

sylvania shocked the public blowers that lapses in prom.

group.

IIase enough radiation to kill and the nuclear industry with a dures.can't be tolerated.

ow a nuclear power plant works

@ In a pressurized water reactorlike Millstone 2, the sesen heat from nuclear fission in 98"*'*

• steam the reactor heats water.

i CONTAINMENT

@ The water, kept under BUILDING Turtine Engine l

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essure to prevent it from I

iling, flows to a steam N'**""3*'

generator where its heat is

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transferred through tubes

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to water in a separate 3 3 circulation system.

lh t[ yi j f

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l 3 This water boils, creating p,,b,.y

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,y m.);. 3 (o g:

steam. The steam spins

< et the generator, producing P

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l electricity.

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. il [g.:

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f

/

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waw l

@ The steam leaves the

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i;ggv t,f bem to turbine and passes into a y

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,c coeng wem wom sound Water pump cooled and tumed back 1**;'"5 h

condenser where it is l.)

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into water, C

5 The wateris then pumped l

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G Reamrwem Q Steam back to the steam generator

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O waw for sieam m coohng waw l

to be used again.

wem pump Roinen KeueytRegisier

1 Neto ben Registen=L If f 7H YaAn. No.10F New haven. CONNaCTICUT. MONoAY. AMul. 47. tese 3a CaNTa

' Pro-nuke' workers not afraid to speak up 4 men buck the system

[N gq g

9 Oy Terry Sacks g

3 to voice safety concems f.

oNg NgW HA gN 9 nee, esse seen g

WATERFORO - Don't even think of /

calling them anti nuke. And they don't like being called whistle blowers.

But when Gary Johnson. Tim O'Sulli.

van. Donald Delcore and John Delcore M ll9HE WHISTLEtone 2-i

~'

see something wrong at the nuclear plant BLOWING o p$ ' f I

where they work, they speak up.

.('k The four say ther'e is something serious-SECOND OF THREE PARTS ly wrong at the Millstone 2 plant that Nonheast Utilities of Berlin. Conn.. oper.

3 I

stes in Waterford. They desenbe a lax atti, dividuals. except to say they aren't J

G

.5 tude 9 pard safety that results in shortcuts using the chain of command to g

and violations of procedures.

V0'ce concerns. U.S. Department it was a combination of such problems of Labor documents suggest that that caused the near meltdown at Three the company views the employees Mile Island 10 years ago, and they fear as troublemakers.

something similar could happen here.

The company denies that Mill.

The company denies their allegations stone 2 has safety problems. Offi.

and says the plant is operated safely.

ciais say the company listens to Concern about nuclear safety might employees who raise. nuclear safety seem a desirable attribute for a nuclear concerns. The off.cials point to a plant employee.

new company program started for

.a,,,,,,,g.,,,,,,

But employees at Millstone 2. one of that purpose.

John Dolcore isn't " anti. nuke" and l

three nuclear reactors that Northeast Utili.

"We emphatically deny that doesn't like the term whistle-blower.

ties operates 40 miles up the coast from Millstone 2 supervisors penalize New Haven, say the rewards for speaking employees who express concerns."

They say fear always tempts I

I up have included psychiatric examin.

said Millstone Station Supennten.

them to pull back and shut up.

l ations, firings and harassment.

dent Stephen Scace.

John Delcore was a general elec.

"I'm not an anti-nuke guy." said John But the Millstone whistle, trical foreman at Millstone until Delcore of New Haven. "I m pro nuke, blowers say they've struggled with the Groton contractor he worked We need energy on the planet, and the bureaucratic inaction at Northeast for fired him m September 1987.

cleanest, best way is nuclear.

Utilities and the Nuclear Regulato.

for alleged insubordination. John.

"But if we as the workers don't stand ry Commission. They've spent son and Donald Delcore (who is up for moral and ethical conduct, who is thousands of dollars of their sav.

not related to John Delcore) are going to stand up?"

ings on legal hearings and caused both instrument specialists. O'Sul.

livan an t aan C bi d.

NU officials won't comment on the in.

gnef for their families.

ence in the nuclear field.

SUNDAY Fourwhistle-blowersarecomplainingthat a

poor safety procedures at Northeast Utilities' Millstone 2 nuclear power plant in Waterford could lead to a catastrophe.

8 TODAY - Employees who complain about lax safety I A / c,S-e-a owe es procedures at Millstone 2 say Northeast Utilities has tried to VV silence them with harassment and they fear losing their jobs.

TUESDAY The Nuclear Regulatory Commission is supposed to be the government watchdog over the nuclear

\\Afe o

Me I

l power industry, but some power plant employees say the agency VVC CL C l

does a poor job of protecting the public.

Dr0:ec:o-l l

l

o f; stle blowers say Millstone: AccceT:

i ei-z s%s-av

. Allegations:

Company response:

WE ~* ~ C

~:0 12 D De 1 I

- -m.

- d-rks popery adlusted a vital correct $ and meets ad y

safety device las doutie-Nuclear Regulatory

,[

checks the postion of a Commesen valve lite the one that stuck requeements.

v open and led to the near mondown a Three Mlle

]

letand 10 years ago.

The company schedule The company schedules people to wom escenerve overtime proper 4 and hours on nuclear safety never pronused the seuement. The company NRC that it would grve has vioined a promes to the westenasoff after 51 9 NRC to grve ememyces a seven days of wom.

fl ea58 a %= %.

westandoff afterwarumg seven dws straight.

, r, Supervoors have known The circuit breaker has

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fCr aleast five years and continue 810 cDetale V

about a fauny circut proceny. The company tresher connected to dones that anybody has control roos that stop the complained about d.

d _.

r Donais Descore 49, of reemor tn en emergency Montville, an instrument Jenn Oecoore. 38. of.New specialist at Millstone 2's in.

Haven, a former genersi elec.

shutdown.

The comoony tolerates the The leslage is normal strument and control section, incal foreman for a contrac.'

leakage of aoout 20 gallons and safe.

A former senior reactor oper-tor at Millstone for 2"i years.

- of ott a yearfrom a pump ator in the U.S Navy, he He has been an electncian for l

that senos mohng water to soined Millstone 10 years 21 years.

j the reactor. Technung aso. He has oeen working in Gary Jonneon. 35 or, Hig-specdicatens spy the pump nuclear power smce 1%I.

shoukilean no moro than Sanum, an metrument spe.

het a pet a year. This cialist at Millstone 2. He has usens a fire heard.

i

'W worked at Millstone for sev.

A reashon monder A womer mass the error en years. He declined to be photographed.

oulaule the budding the and the morator would 4

1 0

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• reactor contomenent not have womed of fugh budding wasn't worting redtetton levels, but the m'\\

i for a monm because a worker decovered the g

_,s (88

• 7 workerleft the device m ts error and reported R.

s z

test pendion In November.

Highsy radioactive The company has refused i

k t

I instruments were removed to comment untilit "I

s fror't the reactor core completts a review.

"y" gm dp M!

without a safety winchwfuch

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~~e

'F could have lethaly radiated S

Nk h dozens of workers in the

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cm a mmonHp-n Tim O'Suenven. 51, of Glas-N h

4l Workers on a routine NU conceded in a memo tonbury, an electrictan at Q

maintenance job faded to that the accident Millstone 2. He served 10 "Q-fonow Desac electricas sale *y stemmed fromfadure to vears m the U.S. Navy's nu.

N f

procedures causingan foNow procedures and cfcar submarine program, r

explosion that caused the inattention to detail. A where he was a nuclear reac-f~e.

nucteer reactor to spokesmen for NU tor operator. He has worked asomaticely shutdown 0ct.

wouldnlasy whetf:ar at Millstone since 1981.

Ng

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t

28. The explosen of 20.000 anyone was discipimed Millstone 2 nuclear o

anaof acmcacurrent.

bui =d emay=

POWei plant l

enough power tolight up underwent adedlonal

. 200 average homes for a trasung to ensure If doing a job by the book dur.

moment.neerty disintegrated procedures are toitcwed.

ing a shutdown means a delay in Loestion: Waterford metal eoulemers and would restarting the plant. supervisors Dost of construction: $424.4 million have kliiod one worker it lui under time pressure have ignored Employese: 175 hadn't worn a protective suil l

procedures or neglected important Type: Pressunrod water ructor details, the employees charge.

aoom neimy,segsm, Last year's shutdown was 59 Began sommerstal operation:

December 1975 days and 18 hours2.083333e-4 days <br />0.005 hours <br />2.97619e-5 weeks <br />6.849e-6 months <br /> - the shortest Owner: Northeast Utilitus Corp.,

ever at tt.e plant, Scace said. This Berlin, Conn.

year's shutdown. which started Power production: 870 megawetts, Feb. 5, was scheduled for 46 days and eight hours but will last until roughly enou0h power to provide 1-the end of:his month because of electncity to 870,000 pecote Scheduled to be decommissioned:

I unexpected p oblems with the 2015

(

olant's turbine generator.

.. ~. _. _ _ _ _ _ _ _ _... _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _. _ _.. _, _ _.. _ _ _ _ _ _

..._- - ~-- - - __

t M, illStOnOg Danger zones around Millstone 2 Continued

__ y a

CONNgCTlWT Scace denied that the company to completely recicae and opern-RI is sacnficing nuclear safety.

tots didn't know it. Cooling water Humme "NU does not cut corners on poured out throup the stuck valve safety in the interest of shorter re-for 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> and.0 minutes. caus-fusions ousapies." Scace said, ins nearly half the core to melt.

NY "Dere is no Anancial impact Aner TMt. the NRC told uuli-lingh

}

on the company for an entra day of ties to install monitors that mea.

fi

,,,g,,,,

refusiing at Milletone 2 or any of sure noise near the valve to check 10

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our nuctant plants." Scace seed. whether it is shut. About or.ce a t y But he acknow6 edged that the cost year. rJae company is supposed to 28

/!

cf shernstave energy is passed on measure background noise in the 40 to, rate payers so shonor refueling reactor containment building and 50 nit, shutdowns do save customers compere that with the monthly

money, checks of noise near the valve. De Lang taand he Millstone 2 whisaie-blowen compenson can detect a leaky have wnsen to Northema Unlines valve.

and the Nuciesr P7 i Com-Donald Deicow said the com.

mission about doaans of hasards, pony didn't measure background but soon after Millstone 2's unit Becent Wien average: Despne some daung back to 1987. Some nones at the end of the 1938 refuel, supenntendent made that agree

• the whistle biomers' numerous ab potentially senous deficiencies ins shutdown. For several months. ment in late 1987, some employees legauons of laa safety. Millstone 2 have gone unfined for years, the the monthly noise checks were worked as many as 20 days straight isn't on the NRCs latest list of six.

whistle-blowers said, gompared with 1936 backaround dunns the refuehng shutdown in " problem plants" the agency I Scace demed virtually all the ab noise. Delcore said. Because of two January and February 1983. Many watches closely. Unit 2's score on legations and said the ocmpany new reactor coolant pumps and worked 9.10 or il hours a day. an NRC review of overall manage, hadn't even heard many of the other changes background noise accordmg to company records.

ment quahty at 111 nuclear plants' complaints. De NRC wouldn't had changari substanually, he seud.

One employee was scheduled was shghtly bener than the indus-talk about some of the allegatsons De monitors' abihty to detect a for only fm.r days of dunns a 42* try average.

because of its pohey of discussing lealung valve was highly gessouco. day pened.

maners only if a public inspecuan able dunas 1938. Deecore sand.

he company apparently is still "Deee taungs are very goodJ report has addressed them. In oth-Scace however, saed the acous. violaung the overume agreement. and we are very proud of them."

et cases. the agency ha.3 a "difer-tac monstees "are successfully op. A work schedule for the early sasd Scace, noung that the NRC.

ence of opmion" with the emp6oy-ersung and meeting their design weeks of the curnnt mfuehng shut, had described Millstone 2 as " safe '

een about whether their concerns intent." He sand the company's down didn't give emp6oyees week, and conservauve."

are "legiumste." sand Lae Benen-valve tests fully meet NRC rules, ends of after they worked seven But Dould Mm y,,th housen. chief of the dsvisson of "No one has, to our knowledge, days in a row. O'Sullivan said.

,,g,,yg,,,, g,,,

ne reactor projects at NRC regional expressed concern about this 2 sugest that hazards must create headquarters m IUng of Prussia. eauspment through out, safety immediate danger for a plant to-Pa.

management program. Scace h k Yoss want make the NRCs problem list.

O'Sullivan said NU employees said. refernns to a program started h 8ircuh He pomts to the 1986 shutdown and supervisors have known for at in June to internally handle em.

least five years about a faulty car-pioyees' safety concerns.

IBreaiser to of the Pilenm nuclear plant in Ply-moth. Maas because of poor per-cuit breaker connected to the con-But a memo dated Aug. 31.

(gytC160n properly formance on radeauon controls, se.

trol rods - vnal safety souipment 1988. shows that Deicore reponed in all situatiOrl8 curity and readiness for l

insened into the reactor to control the monnor's malfuncuan to his nuclear fission and stop the reactor supervisor. Dave Kroes.

and cotulitions, emergencies.

"Imagn.e how bad Pilgnm hao, in an emergency Benenhausen of the NRCs re-and it to be to get to shut it doun." he When the circuit breaker works gional headquarters wouldn't com.

dicesti,t. JJ said. "That should scare you guys.

l properly, it opens and cuts power ment on the acousuc momsors.

It scares anybody with any nuclear to the controt rods. Without pow-

"How senous at is would de-M 0.kann training or background."

r

(

cr. the rods drop into the core to pend on how far of the calibrauon Yheersone Benenhausen said companng stop the nuclear rescuon.

is " said Sholly, the San Jose nu.

Pilgnm with Millstone 2 i

O'Sullivan said the circuit clear consultant. "But it's one of taeful" because the plants,is "not opera.

breaker has malfuncuaned dunns those things that needs to be dans difer.

I tests.

addressed -

Northeast Utilities oficials did But at U us 2. workers said, the "You want that circuit breaker Employees working excessive ut dispute me les hours suggest. conflict between nuclear refety and to funcuon properly in all situa-hours has been a concern in the ed by then schedules. But Scace cuning costs goes on as the compa.

lions and conditions, and it nuclear industry since the issue of demed that the company prunised ny pressures employees to get the doesn't." he saad.

faugue aroec at Three Mile !siand. to sin empieses a weekend of plant powered up by the end of But Scace, the stauon supenn-Bettenhausen said. Millstone 2 He tendent at Millstone, sand the car-employees say the company has ap,,uva days d work.,ble,,said thss month, it s completely permissa for "They can srr. ell the power.'

cult breaker "has and conunues to persistently scheduled employees employees to work additional Delcore said. "They can smell the work property."

to work too many hours on safety hours when management megawans, ard they can smell the Scace rand nobody has com-systems. contnbuung to an atmon-approws.

megabucks."

plained to Millstone management' phere concocive to mistakes.

about the circuit breaker, which is

• • lt's tough on your body, and Asked whether these working checked frequently.

vou're always ured." O'Suthvan hours were safe. Scace noted that said. " Tempers get short. Things in early 1987 some employees Preaanse weeve: Another prob.

am forsons.

worked too much overume, birt he lem the whistle-blowers say dates A December 1987 NRC m, spec seed the NRC concluded the long back years is the alleged impfcper non mpon said an audit at Mill-hours weren't dangerous, adjustment of a device used to stone 2 found several employees The NRC's Benenhausen con.

double-check the same kmd of workms up to 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> a week on firmed that Northeast Utihues had piessure-release valve that stuck safety systems.

indeed promised not to schedule open at Three Mile !sland.

The NRC sets general guide employees for seven days without TMI's operators had opened knes on overnme. The 1987 audit the following weekend of. He this valve to release pressure build. said NU agreed that any employee agreed that it's time to re examine ing up from the nsang heat in working seven consecuuve days whether Millstone 2 is living up to TMI's reactor, but the valve failed would get the next weekend of. its promise,

~

Lack of winch ]+EM

' gMg risked fatal

=

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radoiation release I

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LT.".5 F

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er v ery secas 4

F a o.or a.e Evan a minor slip-up could have released enough rad 4ation to kill a dosen people at Millstone 2 f

l because of the crude way workers m

,a.

l lihed radioscuve tubes from the nuclear reactor in February, em-c playees said.

T 4

'l P

n Millstone 2 instnament special.

T 3

-a l

ist Dcnald Delcore and Tim l

k s

p; ji g

- kr i

O'Sullivan, a plant electncian, said 3

i J-l 8

the incident dunns a shutdown for i.

d)(

g

[

refueling illustrates a lack of con-i t

~,

corn for safety at the plant.

I s'

i Werkers used a hard-to-manen-Y 0

ver crane without a safety winch.

kf.

". ^

/

hat's like performing intricate

)' 'f l

'i su with a pair of pliers. sand 4

J.

De re, who witnessed the g

o,e,.,on.

g Other employees who saw what I#

Q a

happened confirmed Delcore's ac-

/-

ccent but asked not to be

,3 i

l identified.

4 Stephen Scace, supenntendent e.

l ruf Millstone 2 and the other two

,k

< N

[

Millstone reactors in Mterford,

,s 6 :

said. "We believe that nothing im-i 3

I proper occurred." He wouldn't 5

l comment further until the comps-l ny completes its review.

r' 5

Lee Bettenhausen, chief of reac-I tor projects at tne federal Nuclear N

[in

^ '"*" "*' '* **"*"' 3 '"''. esmear to ameseene 2. enews aussear vues rose, een r ng f fused to comment unul an invest-Because the bonom ends of the A misunderstood word or an in posed no danger to the public but igation is completed.

mstruments are so deadly, they sensitive move of the crane could indicated a management auitude The jot was on the so-called must always be immersed in water, have jerked a tube too far out of that could endanger public safety

" critical p.ith, which means that which blocks radiation.

the water, the Millstone employees "If theh'll do that to expose postponing it would have delayed Millstone 2 procedure docu-said. The phone could have broken [ther Id lat startup of the plam and cost the ments say the tubes should be re-down, as it had in the past, cumns ure that p s the u utility money, Delcore said.

moved by attaching an electne off immediate communicauon to lic at risk." said Pollard. "Obvi-wmch to the end of an overhead the crane operator Delcore said. ously, the only thing governing At midnight Feb. 22, employees crane. Delcore said the winch adds "It's about the most dangerous this is time, which is money. They began retnevmg 23 of 46 radioac, uv2 instruments from the reactor's pacisio a to the dehcate task oflifb job that we do there," said one don't want to stop to hx the ing the instruments from the com employee. "If you make a mistake wmch."

gog,,

and over to a storage area.

and the crane goes up too far....

l are on ubes sta less steel But the winch broke, and the radnauon could kill everybody Delcore said the job stopped at pite the deadly conse-t because u t na ture a power e

the ne De d.

quences of a mistake, second-shift safety supervisors decided that

' tor. Dunng scheduled shutdowns Delcore, who arnved on the job workers coming m at 4 a.m. got no workers climbing over a rail pres-for refuehng, wort.ers replace the at 4 a.m.. said he protested to his bnefing and worked without a su-ented a hazard.

tubes which wear out, night shift supervisor but was pervisor until 6 a.m., said Delcore Pollard said nuclear plant The tubes emit lethal amounts overruled, if he had refused to and another employee on that job who asked to remam anonymous. workers often end up in no-wm cf radioscuvity - 4.000 to 10,000 work and insisted on stoppmg the Added to this was faugue, said situations such as the one Delcore rems per hour - said Delcore.

job, Delcore said. "I don't thmk At 10,000 rems an nour, a work. for one minute I wouldn't be out Delcore. He said five employees described. "They can say 'no' to a er nearby would absorb radiation the door."

had started work at 4 p.m. the pre direct order or risk their own he said.

of about 3 rems per second if the vious day and began puhing the health to keep their job, tubes were exposed, said Delcore.

A worker watebed the tubes, instruments at madrught. The job " Workers ought not to be placed m le the 2 minutes it would take a position by 1ooking through the took 5% hours, he said.

that posmon."

worker to get to a safer place, he water with binoculars. He called would take a hit of 360 rems.

out directions to another worker, Robert Pollard, a nuclear safety Northeast Utilities' training who relayed the informauon by engineer at the Union of Con-cerned Scienusts m Washington, muual says 50 percent of people phone to the crane operator, caposed to 450 rems might die.

perched 70 feet above the reactor. said the apparently tax precautions

Ju t

N"

' Safety:-

'I A

y Deicore's firing prompted him w

to Ale a wronsibi termination suit and to take his allegations of shod.

NY

\\

dy safety pmcedures to the NRC, Johnson. O'Sullivan and Donald l ESt0fw 2 Delcore have since joined John New I

q Delcore with their own complaints 10 to the NRC. Bus the whistle-1 blowers say the federal agency re.

sponsible for monitoring nuclear plants has nm taken their concerns 30 seriously.

N NRC oficials say Millstone 2 is well managed and that the whistle-blowers' complaints about nuclear LongIsland safety aren't " legitimate."

The whistle blowers say the company's actions, and leners and '

% gYg'9, reports issued by the NRC, make And other Millstone 2 employ-them appear to be just trouble.

ees, who spoke on the condition makers.

they not be identified, said they At stake in the baale, the em.

NU has appealed the cases, think the whistle-blowers are doing say, are their jobs and live..

Dey could take yes to wind the right thing.

hoods, their credibility and through administrative appeals One colleague said, "As a per-awareness of the potential danger and the federal court system. said a son standing from the outside to the public fkor. what's soms on lawyer famihar with nuclear whis.

looking in, it appears they've been inside the nuclear t.

Concerned for irjobs. John.

tie blower cases.

singled out as troublemakers. But Johnson has dropped his case in reality, if you really listen to son. O'Sullivan and Donald Del.

because he can't alIord to pursue theta guys, they've got some valid core have sought so. called "whis.

concerns."

80 tie blower" protection under a Donald Delcore and O'Sullivan Tbm Carpenter, a lawyer for the federallaw, passed in 1973 to pro.

tect employees who raise nuclear say they, too, are skeptical they can Government Accountability Proj-safety concems.

continue to fight because the utili-ect, a Washington organization The Department of 1. abor in-ty, with its army of lawyers in that helps whistle blowers in court, b

vestigated the Johnson, O'Sullivan Washington, can simply wear said it's sometimes bafling why and Donsid Delcore cases and them down financially, whistle blowers risk so much.

found that Northeast Utilities had Labor Department documents "Dey have a strong stresk of I

discriminated against them be-describe the whistle blowers as honesty and even naivete " Car-l cause they took, or threatened to competent, sometimes exception-penter said "They have this sense take, their al tions about tax ally knowledgeable, employees of how something should be and it safety to the C, according to who aren't satisfied until problems ain't, when most popie would just Labor Department reoc:ts.

are resolved.

turn their backs, Workers feel concerns fall plaints, said Scace. Confiden-employees view the program as

@n dea ears tiality is guaranteed, he said.

nothing more than a method to And, Scace said, taking con.

manage information and keep cerns to the NRC "is always problems quiet.

William Ellis, chairman and available to any employee who "It's an at' solute sham."

SV Terry Sacha chief executive officer of works here."

O'Sullivan said. "It's a public

• • • I8 seee Northeast Utilities.

But the Millstone 2 whistle.

relations gimmick specifically Northeast Utilities oficials "Some people aren't shy at bloweis say that in the day-to-designed to make the company say any nuclear plant employ" all about picking up the phone day grind, supervisors have it-look good, when in fact they do can so to the very top of the and calling me," said Scace.

pestedly disregarded their not, and a way to prevent pub-company wult concems about But for those who are, he complaints. And the employ.

lic exposure to nuclear con.

""*8' said, Northeast Utilities in ces say they don't trust the nu.

cerns."

I June 1933 staned a " nuclear clear concerns program.

Tom Carpenter, a lawyer for Bu illstone 2 em-i pioyees who are

'ns public with allegations o tax safety concerns program," which Millstone 2 electnciar Tim.

the Government Accountabil.

say they sometimes can't even Scace said employees can use O'Sullivan said few employees ity Project, a Washington or-get supervisors at the bottom to raise concerns, would 30 to Rich Laudenat.

sanization that defends nuclear l

of the company to listen, if an employee doesn't feel the manager of the nuclear whistle blowers in court.

i l

Stephen Scace, the station comfortable doing that, then concerns program, because agreed with the criticism ofin-l' superindendent in charge of he can use a toll five number they "have no confidence in house programs.

the three Millstone plants. said to call a national consulting that individual or in that "It's supposed to be kept l

l-employees have the right to -

group Northeast Utilities has system /'

confidential, but in fact em-take concerns all the way to hired to process. nuclear com.

The whistle blowers said ployees are often identified...

Workers feel concerns fall dn deaf ears -

d

,-1 N

and they're fired, demoted or pany, managers are telling l'

isolated " Carpenter said, worken to pay more suention

,2 W

" Word gets around pretty to nuclear safety procedures.

quickly that going to one of say other Millstone 2 employ-

'"7.. g 3'3 o

these things is the kiss of tes who asked not to be iden.

' ', W 1

bI "

.I-i death."

tified.

g ;.~.,.

~(j

!g Northeast Utilities ofic als But none of the other em-

. a,' f '

x

)

defend the program's integnty, ployees interviewed said they 3

. %.^

Dey pointed out that they had would follow in the whistle.

1. rg y

received two complaints under blowers' steps, g

-. (d' 3 j the program. and they " cited

" People who have concerns

~

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the lack of addiuonal concerns are pretty much labeled as as indicauve of the success of troublemakers," said one se.

the supervisor worker inter-nior employee.... They (the me Oernanstee.w face." according to a December whistle blowers) seemed to Stephen Scace, who is in charge of the three Minstone plants.

1988 NRC repon.

have hard, cold facts. and it amid emp6oyees may take concems all the way to tne CEO.

Since the whistle blowers didn't seem to matter a lot."

have put pressure on the com-Complaint: Utiity taas Speakm.g out Wor <er a trOUDema<er to NRC, narcs, 1

CCrrieS DriC8

.d

• Delms was mfermd 2 as a Delure wrved 16 yeen in v'"~..:

troublemaker, and Millstone 2-the Navy's nuclear submanne kS * -

• managers told other employees to. program, including 10 as a se-Cy My Suka "avoed him" to stay on good terms mot reactor operator. He has

?

. q p with management, the Labor De-been in the commercial, nu.

Cymcs might say Donald Del-4,,

partment report said, clear power field since 1977.

Northeast Utilities officials core is searthing for nuclear nir.

have tned to discredit Delcore.

His colleagues at Millstone vana.

2, who asked not to be idenn-But he says he's got a vision for They told a ubor Department in.

fied, said he s a suckler for pro-now nuclear plants can be run vestigator that Delcom often cedures. Dey say he's helped safely.

gets into " legal scraps" and improve how things are done Deleore. 49 an instrument spe-

"tends a push dunes until he at the plant.

eitlist had been a Millstone 2 nu-gets his way, the mpon sad clear worker for nearly 10 years "A 1ot of peoNe just let when he began in late 1987 to see a Company oficials aho said Donald Deacote Delcore was "trying to get back 73,

.a e disturbmg panern at the Northeast Utilities plant.

Seeking to regasn credebshty at NU by using the whistle-blower avenue" because he De company never ac-He said meeting deadlines ap.

was i*nhappy over a previous knowledges the improvements petred to be more important than head. I chickened out, then walked overnme complaint.

that Delcore fostered, col-followmg proper procedures.

away. I wondered if somebody was The Department of Labor leagues said.

Delcore said the company going to see me.

Someumes has forced him to work "Just to even walk near them is ofered an initial finding of dis-

"It's too bad " said one on safety systems using improper intimidsung."

enmination in August, and Millstone 2 employee. "He has procedures. He said he protested But he said what's happened Delcore said he's still waiting a lot of innovative ideas to the orders and was overruled.

smce has inumidated him even for an administrative judge's make the job easier and impos.

Northeast Utilities emphatically more, and a iederal Department of decision on Northeast Uuti-sible to screw up, but he denies ever tellms employees to vi-bbor report backs him up.

ties' appent doesn't get the cmdit for it."

Dele re was " subjected to a se-he NRC has responded to it doesn't have to be that I no mno he di m-tilities gm Apri Delcove by saying he doesn't way, Delcore said. Employees "mi TY nation case Delcore has filed with " ' ',

8 28 by ortheast have legiumate safety concerns should be rewarded for raising the U.S. Department of bbor m uly 1988, a bbor Department and callms his allegations "un-safety concerns, he said.

On April i1,1988. Delcore investigauon reported. Among the substanuated*"

went to the federal Nuclear Regu*

examples of disenmmauon the re-His ultimate goal is simpic.

latory Commission.

port noted:

He's spent $6,000 on the "My object'" he said. "I just For workers at commercial nu-case, he said.

want to be an instrument spe.

clest plants, going to the NRC is a E In April 1988, when an NRC g;,

,,,1 dom 8 Y blood cialist who can do his job."

big deal. a last resort, because the inspector asked permission to talk pmssum any good. "his has NRC is supposed to be the feared to Deleore about his concerns,

[*'"**'5}ted me and. y wife, m

regulator of the company. %ey re.

Unit 2 Superintendent Jack fer to NRC investigators as Keenan decided not to pay Del-

" narcs."

core for the five hours he spent But Delcore said he wants "Hcm well I remember it," Del-talking with the inspector. The La-to get back the. credibility he's core said of his decision to walk to bor Department report noted that earned in 28 years workmg in the NRC office at the Millstone part of Delcore's job as to answer nuclear power.

site "A lot was going through my NRC quesuons.

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AVY Donsed Descore. left: Tim O'Sullivan. conter; and John Deecore have ressed concerns about safety at MiNatone rear.

Whistle-blowerlaw weak, watchdog group contend:

The federal whistle-blower law vestigation Gr.ds disenmination, plants under construction, have re.

l doesn't do enough to protect em-the government is required to or-ceived complaints that turn out to ployees who ccmplain of hazards der an employer to reinstate the be unfounded.

in the nuclear industry, says a employee with back pay. lawyer's "If a whistle blower has a good spokesman for an mdustry watch-fees and any compensartory case. he should be able to make dog group.

damages.

that case." Wargo said. "On the i

in 1978. Congress amended the But defects in the law hurt em-other hand, if he's mismformed.

I Energy Reorganization Act to pioyees, said Carpemer. Few nu. the case should be dropped."

make sure vmdic3ve empiovers clear plant employees eveti know Federal statistics show that in aren't allowed to discriminate they have the nght to protecuon fiscal 1987. 66 employees at com-agasnst employees who disclose because there is no requirement to mercial nuclear plants filed dis-safety problems at nuclear plants. prominently post the law at work. enmination compiaants. Through But the law is lopsided in favor Carpenter said he's seen cases in June 1988. 43 employees had filed of the nuclear inc.astry because which the law was posted in a complaints.

Large companies can wear down manager's bathroom.

Even if a whistle blower wms all whistle blowers Gnancially so that Jim Wargo, a spokesman for the appeals. the "make whole" provi-they give up and shut up, said U.S. Council for Energy Aware-sions of the federal law do not al.

I Tom Carpenter. a lawyer for the ness, a Washington group financed low punitive damages, said Car-Governmem Accountability Proj. by the nuclear power industry, said penter.

ect. lfss organszstion, based m mast utility company lawyers say Fully half of nuclear whistle-Washington. defends whistle. they "can live" with exisung law. blowers drop their cases because l

blowers in court.

But he said many utih y compa-they can't match a major corpors-If a Department of Labor in-nies especially those with nuclear tion's resources, he said.

l Millstone worker drops protest the NRC (Nuclear Regulatory the. company had retaliated "special" performance review By Terry Sacks Commission)ifl had to." John, agamst Johnson.

to further lower his rating.

The Lacor Department not-After NU appealed a Labor neeeeeer sia,,

son said.

His supervisor directed him ed:

Department findmg of disenm.

E 'the company had re-ination. Johnson faced the pros.

Millstone 2 instrument spe.

cialist Gary Johnson says his to "get along" with his co work.

moved Johnson from the Me-pect of continued legal wran.

supervisor told him he was er. Johnson said. "The message trology Lab where he had gling with a large company. He

" tattling" in November 1987 was obvious that I shouldn't decided he couldn't afford to worked.

when Johnson suspected a co.

have made waves."

worker of fudging data on the Northeast Utihties oliicials a By February 1988, John.

pursue the complaint and adjustment of imponant pres-would not comment on John-son's annual performance rat, dropped it.

Said Johnson. "You can't son's case, saying it was an in-mg had declined, even though Johnson says his supervisors ternal matter.

the previous summer his super.

fight them without losing."

sure gauges.

tned to diminish the safety is.

As a result of his threat to visor had told him he was doing sue by "blowmg it otf as a per-appeal to the NRC. Johnson an exemplary job.

sonality con 0ict" between said, he was transferred and his a By March 1988. Johnson's Johnson and the co-worker.

performance rating lowered.

job situation had degenerated "I told him somethint had in May 1988, the U.S. De-to the point that NU was to be done and that l*d take it to partment of Labor found that threatening Johnson with a

For immigrant, 'right to tarc-"

y John Delcore says his whistie.

speak my m.

d,.,is maamit;a',"ws:

m 4

electncal foremen in a nuclest paramount e,.has - anelem,i.

cian since he got out of the Army g-in 1963. Unni he was fired is sy M,T,

scnbe O'Sullivan as "a good work

• months ago, he was a general elec.

iigac m,IWL. #

er, dedicated and hard working,"

incel foreman at the W.J. Barney 2

according to a Department of La.

Corp., a Groton contractor hired 69 bor investigation report completed to do electncel maintenance at the

$. i s -

for O'Sullivan's discrimination Millstone nuclear power comptes a

'

• c'g* i

,a complaint against NU.

in Weierford. He just found a job a jdlfr,gfr"'.. j '

4 He said he first became upset few weeks ago on a local construe.

about plant and public safety when tron project.

he and other employees worked His former employer said he

('

was insunordmate, according to a 20% bours one day in July 1987 on a nuclear safety system. Proce.

July 1983 Nuclear Regulatory e-Commission inspecuon. report. He Jeten Deleore 4.

dures limit a workday to 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> says he was just following proper on nuclear safety equipment.

He. filed.a company snevance sagicorie s wrongful termin. Contractor S pr F

on the ovenime problem, which he ation suit against WJ. Barney and l

amid got nowhere after five months Northeast Utilities of Berlin, eX-foreman of going up the appeals ladder

• Conn. He's complained to the j

from his supervisor to the vice NRC about allegedly sloppy safety president for nuclear operations.

practices at Millstone, but he said asks:,If I keeD ir When nobody at the company his complaints have gocen no-g d= gr ackamledged that his concerns

where, Tiest O'SuGhren were Juadfied. O'Sullivan went to Joseph Marmo.. ice president

=

w

,,An acaciuto duty to compiain the NRC in January 1933 with the at WJ. Barney, did not return SW.grTerSt ga overtime compiams.

phone calls.

By Terry Sacks The NRC noted "discrepan.

NU oNicials won't comment on The document also shows that mes.m s'en cies" on overume but wrote O'Sul.

Delcore's allesauons. But they say all NU nuclear plants including any allgv e;

a ns a

Tim O'Sullivan emigrated from livan a tener seyng that there was freland 30 years ago believing "no indicauon safety work was Millstone 2, operate safely, arbitration.

Amencans had a nght to say what done improperly.

Delcore said he was fired Sept.

John Williams, a New Haver Millstone 2 supenntendent Jack II,1937. when he complained that lawyer whom Delcore and the oth.

they thought.

Keenan said O'Sullivan had exhib.

NU and his employer weren't fol*

er Millstone 2 whistle. blowers But he says exercising that right ited " aberrant behavior" and lowing procedures for placing ps.

have asked to represent them said i

t p y made " combative" statements on per safety tags on circuit breakers the proposed seulement is "uncon.

to warn when work was being scionable **

Nort li ies to 9 his overtime gnevance.

seraity and fitness to be an electn.

Keenan said he feared O'Sulli.

done-

"It's cIcar the feet they have cian at NU's Millstone 2 nuclear van could be a threat to the plant, The companies don't want the something to hide." said Williams, reactor in Waterford, the Labor Department report said, public to know what. has hap.

"If I keep quiet, who suffers?"

pened, saw Delcon, panung to a Delcore asked. "The public is go.

l Northeast Utilities officials Going to the NRC, O'Sullivan proposed secret agreement NU

.ing to suffer."

l have denied disenminating assinst said, was interpreted as a sign of and W.J. Barney want him to sign Delcore said it's easy to ques.

O'Sullis ar-mental instability at Northe st ti n y urself when challenging nch

'" $1N[he u ed o si and p wer u!. reanizati ns. But "When I became a citizen, i Utilities. The company directed and take the money. He sai$n it swore to uphold the laws of this him in February 1988 to visit the it's "I' I * @ * * ' "'"'*I country " O Sullivan said. "I was company doctor in Berlin, Conn.,

" gas money" because it essentially k

guarariteed under the Constitution to determine O*Sullivan's " sanity /

would require him to be quiet

(,"s" o n's t e nI t nI' a nght to speak my mind."

fitness for continued employment about his expenences at Millstone o - t$a - (Ner soYe O'Sullivan, 51, has done that a in the nuclear field," the Labor De' until the year 2004.

disclosu how th,like to show the pubh.

"I'd c just ment knowingly allowed its atomic lot lately, with letters to the Nu. partment report said.

is unlity operates arid ines bomb plants to leak radiation into clear Regulatory Commission and The company physician con-complaints about nuclear safety to claded that O'Sullivan was men.

to hide the truth," Delcore said, their surroundings for years.

his employer.

tally fit and not a threat to the "NU never pays gas money to Another is the picture he sees "Not only do I have an obliga. plant, the Labor Depart:nent re.

anybody," company spokesman when he goes to bed at night, tion but an absolute duty to go to port said.

Anthony Castagno said. He de.

g. "It might sound strange, b the proper agencies of government.

Michael Fitzgerald, a Labor De.

clined further comment.

ve got a icture in my bedroom'"

The smetly confidential, doc.

he said. L's of the seven Chai.

,,. The public has a nght to expect partment comphance oficer, con.

that of me," he said, ciuded that O'Sullivan "was sub.

ument would make Delcore lenger astronauts who were killed promise.,

in 1986 when the space shuttle ex.

Born in Rathmore, County Ker. Jected to a series of ongoing ty, he spent four years studyi.ig to antimidation and discriminatory ver t{.. arney,loyment ploded on takeoff because of faulty a

emp with or equipment. Engineers at Morton be a priest at the Presemauco tactics by NU management" from a Not to voluntanly be a wit' Thiokoi, the company that mada in Cork.

February to July last year, ness in any case involving NU or the equipment, warned about the Brothers seminaStates.O'Sullivan When O'Sullivan found out the WJ. Barney in connection wit problem before the crash but were in the United joined the Navy and worked 10 company doctor had called a sec.

overruled by NASA and Morton years as a reactor operator in the ond time for his medical records.

"'[To n tify t e p ne in mokoi manap Navy's nuclear submarine pro. O'Sullivan said he was scared the wnting immediately if he's sub-

.Delcon said the picture re.

l gram. He has worked at the Mill. company would fire him.

poenaed to tesofy in court and to minds him what can happen when stone plant for seven years.

He talked at over with his wife.

try to resist tesurying.

organizations involved with poten.

i l

Stephen Scace, Millstone's sta.

"She agreed that as,a matter of a Not to.bnns it to anyone tially dangerous technologies diste.

l tion superintendent, would not moral and ethical pnnciple I had eise s arention if he gives the NRC gard warnings.

l comment on O'Sullivan's case.,

to pursue this even ifit meant the informaunn

- Co workers and supervisors de.

loss of my job " he said.

e To refrain until 2004 from talking to the press or any other and i,t, uts more wind y

sad,s,l,,

orpnization about his expenences t i lo them, as a human at the company.

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[d enon Fouseof 10.' end Enc Jense. t1, weesteo en the roetis of e leverne peevereund in the ehesow of the h4Wesene Nueener Power Section in W Workers fault NRC as sleeping watchdog 3

l By Terry Sastie SLf00 DAY Fourwhistebionersare

'T l

nesiseer seen complaining hl poor aday procedums at WATERPORO - De Arat time em, NorsentWNnWagne 2 macharlim purit playees at the Millstone 2 power plant in Wehrteld cashl ised 10 a caustophe, I

)IEWHMgN9 walked into the Nuclear Regulatory Com.

840NDAY. Employees who complain anout mission ofice, they wese full of hope that ftnally somebody would listen.

j lei solely procedwas at Millstone 2 say Northeast Uhlities has kled to silence tiem ati harassment But too oRen, the employees said, they and fisyleerleeing teir jots.

got back NRC 1-ners and reports labeling O

as " unsubstantiated" their complaints nf Ill OR8 s

YoDaY. the Nucies, sieguisio,y commission ses e

potet tially dangerous situations at Mill.

0WthG HE WHISTLE is supposed a tie tw governmentwathnog over ve nucest puer indway. but sono pw punt stone 2.

Two instrument specialists. an electri-LAST OF THREE PARTS employees say tu agency does a poor lot of cian and a former general electrical fore.

proacting te pubhc.

man at the plant say the NRC has not NRC to investigate their allegations say been en aggressive watchdog. De employ. the agency tends to favor Northeast Utili.

J; ees say the NRC's lenient suitude creates ties because the company can overwhelm a captive of the industry it mons.

l an atmosphere condoning tax safety proce. NRC inspectors with vast engineering and tors. "As a result, the agency has dures at Millstone 2, one of three Mill. technical resources to influence the out.

discouraged anyone from mside the agency from finding wrongdo.

stone plants owned by Northeast Utilities come of inquiries, "From what I've seen of the NRC.

ing on the part of industry repre.

of Berlin, Conn.

sentatives." Greenspun said, De workers have decided to go public they've been ahoolutely disappos. ting as a l

with their safety allegations because they resuistor and enforcement agency," said Most recently, U.S. Rep. Ed.

1 Millstone 2 electrician Tem O'Sullivan, ward Markey D. Mass.. wrote to j

say'the company has isnored them and De *l' istle blowers aren't alone in NRC Chairman Lando Zech Jr..

reta istert by demoting. firing or harassing wondering whether the NRC is doing chartmg that the agency hasn't l

them. Northeast Utilities officials say enough to protect public safety and listen.

made suit that all nuclear plants, l

Millstone 2 has an excirplary safety re, ing with an open mind to employees who including the three Millstone cord, and that the company hasn't treated plants, enacted critical safety raise safety concerns.

the workers unfairly, De NRC has been troubled for years changes ordered after the Dree NRC officials deny that the agency has with allegations that it is "in bed" with the Mile Island accident 10 years ago.

treated the employees unfairly or that the industry it's supposed to regulate.

% TMI Action Plan was a agency hasn't thoroughly mvestigated Julian Greenspun, former deputy chief major test of the commitment of their concerns.

of litigation at the U.S. Department of the NRC to public health and safe.

"'There is a difference of opinion re.

Justice, told Congress m 1987 the NRC is ty, Markey said. It is a test con.

which the NRC has clearly failed.

garding legitimate nuclear safethief of cerns." said Lee Bettenhausen, c NRC. reactor projects at regional head.

quarters in King of Prassia, Pa.

' But the employees who appealed to the

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o sa e

<m.m.

l NRC ofkcials concese that nu.

He then took his onncerns to spector noted thei them were in.

In October. Delcore discovered j

the Nuclear Regulatory sunces of idenucal data readings' that a radiauan monitor horn in e i

clear piants haven't made some i

imponent changes roovered eher Comminion.

in both pressun direcuans. but radisuen wome Mmp aru wu TMt. Dey say the NRC overeau.

. After conductmg an invenues.

said that didn't indicate a problem, disconnected. He said it's com.

mated how feat the changes would Hon. the NRC concluded that aceording to his report.

Inom knowledge at the plant that 1

occur, and they esy some changes Johnson a complaint was "unaut>

Johnson noted that the warher some redieuon monitor horns are i

won etanecessary and too oossly Manuated.".according to a May w40 did the test for the NRC in. turned of because they annoy peo-1933 NRC inspecuon report.

spector woe the one he suepoeSod pie when they 30 of.

i int the industry.

Besenhausen. of the NRC. maad. ((g D,?,' M,5j"HeomdiM NU's Scace said the company

• h*

I Suspissenu Gary Johnson, an "%ree diferent NRC inapoctors ples or H me evidence ' g has reured some redisuon moni,.**",

inaarwment specubst at Millstone W st ee suue and sponed identical readi from June 1936 and have disconnected those l

2. amid the NRCs handling of his their findings in three diferent in.

to February. 33 that had ns. AH meund radituon mon.

comp 6amt about a potenttal prob-spectson repons. De technical alarmed him, i

tem with pressure gauges som

• • P'CL8 OI ** *U'88D0" "" 808 Betenhausen conceded that the '* " * " ' core s$" aid'he sh utDel the agency is a paper liger.

subtantiated.

NRC didn't ask for Johnson's het t E Mspec w % Ha.

Pretsure gauges at nuclear Bettenhausen added that the in obtaimns details that m, besherst a disconnected horn in plants are tested or " calibrated" NRC "doesn't, condone vio6auons have sutstanuated hn sheen it saum Hompe area that was 1

penodically to determine whether "It's not unusual for us to tend suu in use.

they are accursie. Technicians like

'I fwphen Scace. the naum nu* an inspector in not knowmg who A December 1933 NRC inspec.

Johnson in metrology labs les,

,4nntenent m chary of MW*

me alleger it.* Resenhausen anna, tion mpon confinned that Habign.

l gauges b applying known une 2. eand the NRCs concluanon Johnson, however, said he iden. orat found the disconnected horn amounu of pressure and sending I

8h'" "0Lh'h8 *** **888-ufied himee f to NRC inopscsors m the mdiapon simp ama. Thme the snuge as pressure goes up.

But Johnson said it dows the when he complained.

hen they take another reading at NRC is copuve to the oomaany.

Benenhauun said identical o.hers "sp.iented to be Quesuon.

the same known pressure pcnnt as "When i finally got to the NRC 1 dans readings cound mean fudged abic, but his report noted the company s caplanahon that these p,,,,,,,

,,,,g,,g ought naaHy somebody n scans data, but not necessanly. He esad it l

A is no +

if it doesn't to listen to me." esed Johnson. depends on the number of decimal other three had been "retised."

i read i n stor sons in both labYouNEnN'M MbYNE ' icore s. complaint a

was instrument specialist Donaki Del.

uses heter.en June 1936 and core, another of the Milletone 2,,unsubstanuated, l

february 1943 shomed a pecuhar whistle b60eers, refemng to Bet.

Asked why the NRr *oncluded d

r pantn. He found that several tenhausen s esplantuon.

this Besenhausen estaanned that gauges werer t reading pressure ac.

"I have nem, em had a pres Delcom's allegauon was tme, but ef fric ent s a fe ty curately enough for plant spec 6ce.

sum pauge aiways med the mme "notispecak and downsc uans because they wer.n't movung ?

the specs in downwerd pressure.

j enad. *Meybe once in a blue moon, "While not the kind of straight Checking past test data, he but not all the tains."

A situeuon we like to see, there found that. for about 100 calib,,,

g Robert Pollard.a senior nuclear esemed to be a Hory" behirRI the tions, idenucal readmes had been safety engineer at the Urion of ditconnected homs, he said. "You recorded in both the upward direc, Concerned Scienusts in %shmg. can't.have everything working all tion of pressure and in the down.

ton. D.C said he sympethises the ume."

wait) direstion. iie said this was with,Johnaon.

The esplanation doesn't satisfy strong evidence that somebody in I ve seen too many times the plant's matrurtwnt snt' controis where,,the NRC discredits the al* Delcore. "You mean a warns somebody ebout radiation is secuan was falsifying 'f+ down.

leger, wera pressure data. nipping steps Pollard had been an NRC ofi. not a legitimate safe'.y issueT' he he said.

und. "Why is it there if not to to esve ume.

cial in charge of reviewing ocsigns warn people? How can he say it's

'shnson and nuclear emperts of new nu: lear plants, but resigned not significant'*"

said pressure gauges must be pre.

in frustrouan. He said supenors at cine becew they ensure that vital anfety matrur:ents are accurately Lasado W. Zeek the NAC had ordered him to ap-

'Jiast like employoot's At each readmg pressure levels. Tbc plant's g,,,,,, n,p,,, y prove safety.cystem designs at one of the three nuclear plants at the Milletone plant on the basis that il Millstone compnes there is one pressure level lets operstors know whether the nuclear reactor is op. "But the NRC Jerms to be assist. was similar to a nuclest p6 ant etee. NRC inspector, and th ing the company in minimiein whe:e rather than doing am inde. noor resident mspector for all three the concerr; presented to them,g pendent assessment of the Mill. plants. The Millstone 2 whistle ersung safely, Steve ShoHy. a nuclear safety consultant at MHS Technical As.

Johnson said the NRC"s invest. stone eynem.

blowers say the NRC is under.

igeuon was cursory. He said he "I don't know why it happens, stafed and the NRC invesugaton sociates m San Jose Calif., agreed could substanuaie his posinon if but the NRC like the Atomic En. must depend heavily on Northeast He said that because some safety automatically allowed to become involved but ergy Commen.on before it. seems Utiliues managers and engineers eptems kick sti more interested in protecung the for information, when water or air pressure reaches that nobody from the comnany or a entical level, faulty pressure the NRC ever asked him for help fi*tncial interest of the mdustry "The uttlity can dictate to the than protecting the safety of the NRC baucally any kmd of re.

readmss could mean a safety de. in the mvestigation.

vice won't turn on when needed.

Instead, the NRC inspector public." Pollard said.

sponse they went." said Deleore.

watched a worker test a pressure Delcore said he was frustrated the instrument specishst at Mill.

Jthnson complained to supervi.

that the NRC found one of his stone 2.

sors about his suspicions, bu; was puse, then eummed records of told he was *tanhag." Johnson Z3 tests of vanous gauges from Au.

complaints unjustified eyen gust 1986 to March 1988. The in.

though he personally showed NRC said.

field inspectors the problem.

. ~.

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J Watchdsg: CrYcs cues: ion i

R~s commr.:merr:

o sa^e~y c__e homenhausen said NRC seaAns also mak me look tornbt at each plant conforms to fedomi can.'%sm's no possible way I can j

law. but he acknowledged that eow, sis,,th Wat." Deloose end.

~

NRC inopostors are vulnorshie to gut he enid the NRC could if it

'I eme consome of manipuinuon

,a n w ey don. sed,,,e, me.;4.

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company inAusass, he "NRC is wiging

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or in,,our terms mapsetor oyec*

"Dey have the poser to do what t

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u vity. Benenhausen stad.

neeg g do,-

He aand NRC regsonal oficials the former NRC engin.

d f

monitor Aold inspectors and rotate ew, head an unmawd message w go them among mesons so inspectors easy en nuclear plants fibers from

'"""'8*

I can stay otyanoa the top of te NRC hierarchy to Sace said the NRC has had a the inspessors in the Geld. He W A G M usS T Oel - h e N u.

)

• very strong presence" at Mili.

pointes to Sen.se hearings in 1987 clear tory Commission stone since the %ree Mile Island in which an internal NRC invest.

on gave a Pennsylva.

accident, when Congrees mandal.

igator looking into NRC ovesight am nucient plant permasson to l

ed having NRC inspectors at the of a troubled nuclear plant in Tes.

resume operauens. two years l

plante-as test Aed that his concluenons of aAer at was shut down because "hese folks are just like em.

lesuoni NRC oversight got edited 33 control room operators ployees." with " free access" any.

out of his sport, slept en ne job or neglected I

where in a pl%nt. Samot said of "he inteenty of the regulatory their duuss.

y NRC inspectors. "Nothing is presses cannot be aneured if the De NRC voted 3 0 to liA canned or fed to them." he said.

regulators beoossie the defenders an order that had kept the 1

"It's a very tough way to be and the protectors of the utihty Peace Sonom nueloor plant

?

closed one March 31, 1987, j

regulated."

Wey are supposed to investigste Besenhausen said he's invited anc regulate. amad George Mulley when the commission said tu Jr., an NRC assistant director for comunuss operauen posed a the Millstone 2 whmie biouges to threat "to the NRC regional headquarters to "r,,

immutations when he tees.ined.

of he pubhc. pith and safety l

ShoHy. tim San Jose. Calif., nu.

cord" their concerns with a court l

,,portw. He said the employees clear safety consultant. nand he's in granung pennission to seen no evidence that NRC fuld restart the imedity, the commis.

inspectors want to put the utilities sien nevertheless warned the dochng*

, O'Sullivan said he received no they monitor in a favorable hght.

plant operaior against comp 6a.

I i

i inutnuon and wouldn't 30 without And yet, being engmeets and coney. "We will be welchmh you wwy closely," said NR i

a lawyer if he were invited. Del

• scienusts. NRC 6 eld inspectors are l

== *d k dochnodhomuu hu sopheuened people who undw.

C1mirnen undo Zach.

lost trust that the NRC will une the stand the poliucal and economic Plant OSciais muel com.

information in a mey that doesn't contest of their jobs. taid Shelly' pine a checMiet of technical i

damage his creditnlity, re not a bunch of bump stems before brmsms the plant "I'm on very solid ground."

kins. he enid. " hey know how to full power which will ske Delcore said. "But if you take an the real world works.a arveral months and be scruti.

engineering staf the saae of Mill.

need by NRC inepectors.

stone's, not only can they turn he vote faltermed a presen.

I things around and say there's no tation by Philadelphia Electeic basis for my complaints, but they Co., the plant overstor, w4 set i

said h had uridergone radical changes nirue the NRC issud

.nger rones around Mi

$*s'ie,,,

N' f

investaanuca.

f

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De changes succetcfully ad.

)

w CONNECTWT dreened the " root causes" of r

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the problem the NRC staf 3

Ri seed in recommendine Gei tia commission perms', the plant y,,g,,g to ruotart.

Doge prothfns had includ.

NY

(

ed a las Prach Bonom "cul.

ggg g ture" in wl'.ach plant problems either wert ignored or unno L.

Liced by to a managers, the sv4 Noe 1

l 10 8 aid-

"It would at least appar to 1

me that maugement (before 3

the shutdown ) either was not sware of cornP. ions or, if they IIll were aware af it, the con.

doned it." Ze ch said bedre the vo 't.

/

Long Island l

Roann Keney/Regeter r

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l Frightening implications seen i

in hush money for N-workers ansamed >=eo g ggng 3 gg gg,,97,, g,,gg,,

,,*'pful termination Duit a6er be.

f tonn.. based Nonheest Utilities ing need in 1987.

wasnessGTON - A Senate made to a former electrimi fewe.

llw penal has scheduled a hear.

i panel emid Tusedey it uncovmd at maa et,the Miliuone Nuclear Pow, to one of the Temas mysements, ins Thuredey to hear from ponies least Iwe "tilence for. money" er Stetson in Wawrined, Conn.

deals in which Temas nuclear plant That once aJeret $13,000 ofer, and from Nuclear Regulatoi l

i workers who raised safety concems Cmamission Chairman undo which John Delcore o(New Haven Zach Jr., who vos not involved in l

were paid for agreeing not to top refused to accept, prompted the the deals. Brensa has blasted Zach l

lify at necensi

heenngs, Senate pened to entend its inquiry Sea. John u, the subcom.

to duermine the frecuency and le. and other NRC comm6asionws for minee chairman, said auch ar. gality of such practices, panel not condanning the deals.

7 rangements lioid frightening impli.

lhe commisanon has not com.

i I

cetwee for nuclear esfety, sources said, ented pu O r y on the issue, but "It turns Lite litenting peccess Deligrt,3 former ele **

in private notices to nuclear plant into a sham if witneseos can be trical deveman for the

.J. Berney opMetWe last wwk it ed the op.

paid money to withheid their testi. Corp., a subcontractor M the Mill. eretors could not make deels with 288Y'" In 88d

$ lone nuclear lite, compisined that

• • E

' '" *" Y **Y "'M The Senate subcommiave on oefety ocedures weren't being R$,

nucieer segulation also is investi. ftd at the plant. He Aled a we h the JbeFewgorkEimes NoR.C. Ban Paying Whistle-Blowen for Silence j

l seves of Brown & Root, to restet." He "Jint she was in Wahington and could pr ht4TTMEW l.WALD says the agreement included a pay-foot be reached met of gil.m tw Mm and gm tw geomee se the Sergessent TMde An electr6callorossen at a Tomas no-he A spekuman fw brown & Root, Joe clear plant was paid by his former em-tM ak know aboutIMs apunement who H f

gg,g,7,*,y r

odere i

t he MM4 y

theteouse schni releed.

l asys www amely probbene thwe, emi g,,,,,g manche Peak plant. It easd then that deem non t

n bof TM tear Ptosulatory Commu-thete wee nahing illegal in the agree type common in theplant had f ai in sien wh6ch 66d foot intervcne when it m e t bid mv6 reed Hadf late last aircraft and wher teos in wNch H was first learned of the agreement, has no, month when a Senate aubcommittee esposed to harsh ceditions of the kind told tenctor operators that auch settle.

ments are fortiedden.

8" gen an inmugau""

u might face et cananche Peak. But 1'

j The man, Jeesph J. Machtal Jr. of John Br*aum, the toutstana Demo-he este Wie barred him Stephnytile. Ten., amidhe lost has job in crat who heads a nuclear subcommet-frern telung the easten about it.

i Jarnaary 1988 after compittnens about toe of the Senate Com,nsuee on the En-The penet ruled imDecember that the ratious electrtcal protdome at the Co-Vironmem and Publ6c Works, called agreemem was I because H d6d not manche Peak plant in Glenrose, Tes. A the nuclear comm6ssion's acuans "an har Mr. Machmi mm eMay spokensnan for the Nuclear R letery enemd6My weak mopones to an issue of concerns "dtreetly to the N.R.

" out.

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Men hofere th Departmem W under the Atomic Energy Act,in Jane.

od M n st y

J ary 1987 he alened a settlemem w6th h6s their fee. He was represented by B is LJiber Mr. Kahn aald. " After a singtfb former employer, the tenntnaction Garde,of the anu. nuclear Government cant perted of economic deprivation, company Brown & Root, in wh6ch he Accountabthty Project, who was in-the prospect of prolonged and costly dropped the compiannt and agreed not strumentalin forcing the abandonment nd the disrupuen of routine litigaden a.dusi, ment.wowns wten a vdumanir appar *" waam

• w the ammu racin m omo dece we, indiv a party

• In any* proceeding asamot anyof safety problems, and Anthony T.

see rio alternauve but settiernent on al-

"i"#"M"le,,en at.eo,*,tv0"ag'g a. o' Tria' 'a y'r' rar r=6iie g,=,,,P;ia g,=,g,g g

" ' ca mooi any ter.n if an empiover is ai-

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- Neto Nam Registen=

6 64il) A Y MAY S 11H9 l

Secret pacts trigger call to l

abolish NRC I

Sy Terry Seeke W ****

A Senate bill will be introduced to

nata""* der:nt73'C :

NRC: Proposed NU offer noted proved of secret agreements - similar to 1

at Senate hearing

)

one pread ai a Cenae-devi nacies' plant - restncling public disclosum of l

alleged safety problems.

sen. John Breaus, chairman of the Sen*

i Breaux cited the federal witness Delcore amid lw's gone to the ate subcommiese on nuclear reguladon, bnbery statew which says it's a NRC with estety concerns and will introduce a legisladon to abolish the NRC. said a avd-= for the Lause" crime to ofer a witness anything isn't satsened with the NRC"s ac-of vakse for that witness not to tions. He wondered if the pro-t ana Democrat.

i t,stify before a federal agency.

$l$,000 oSpr would have -

De subcommisse on Dursdey heard NRC Chairman lando Zach Jr.

him from going to his con-testimony on " money-for elence sem-sestified that agreements to "with-gressman as a check on NRC ac-ments hetween nuclear plant whistle-hold ansrty significant information tions. A Senew source said Delcone blowers and vulity compenses.

frors the Nuclear Reguintory Com.

"has a valid pont."

De NRC's " tardy performance" on mission is not acceptable " but he i

protnbiting such agreements " strengthens "n 2 the question of the le-my resolve to abo 6ish the commission,"

gality olany spec 6e apreement or Breaux said at the Senate hearing prosoned agreement.

Dursday.

Victor 5milo, NRC enscutive t

"tr se shoeksag that se should evet diretter for operations, wrote nu-have to hold a haanns on such questions."

clear plants last month telling j

un said, them settement contracts "must subcommisse subpoenaed several not 6nclude cieuess. which in any witnesses in connection with two alleged way restnet the alnlity of employ.

money fur silence agreements between a ees to provide informados about contractor at the Comanche Peak nucasar potential safety inaues to (the) plant in Ttaas and workers who had,com-NRC."

plained about uneste elecmcal winne.

i Breeus's opening staternent took note approved of one Comanche Pes [

But the NRC. having previouel t

of Berlin, Conn. based Northeast Utilities ofbr to pay a fonner electrical fomman at agreement, reversed itself on the i

i the Milletone Nuclear Power Station in luue after the Senate subcommit-see began its investigation, Bresus l

M ierford 515,000 in enchange for limits

.g on the worher's right to tesufy against the Q need est whn but company. De. propoemd NU agrmment

appears to estee some of the saw imum confronted Zach Dursday, Zach responded that he "personall "

a manche Peak agreements, t the agreements were ilh t

I Nor 8"l-

. Zach mid oten on the g,theast Utilities oficials have re-commission, did.a,t necessanly

,,,,,,,,,g, ment with John Delcore of Haven agree with him.

or de Senew's investigation' "De investigation doesn't stop NU's proposed agreement with Delcore hem," a Senau soum mid. %s said he must avoid contacting any agency is just the beginning to determine with indbrmation and must resist subpoe.

the entent of this nas askina him to testify in any proceeding out the industry,ptice through-i against NU.

Unlike the Comanche Peak la fact, Senau sources said. Delcore, egminents. tlw pmpond contmet NU ofered Delcore specificall under the arrms of the proposed agne.

lowed him to go to the NRC.y al-ment, would have had to resist testitying but behire the Senate hearing Dursday had he specified that he "shall refrain" signed the document..

,from bringing it to,the attention of any other party.

Without speaking directly to the pro-posed NU agreement. Breaus said any pn-vote :ontract restncting employees or for-mer employees from going to, federal authorities with safety concerns is illegal.

e i

l t

New Haven Resister. Monday May 3,1999 j

I DI T OIN AL S New Haven Hegister POUNDED stal 6

iMrosposaTINO THE JOUmmat4VUtttR. POUNDSD till l

NRC let ' whistle blower' be gagged Texas dealhurts commission's propoul ofered by Northeast wuld have al.

J lomed the former worker to talk with the credibility in ensuring plant safety.

Nucioar Resulsiory Coinmission.

De NRC should be doing allit can to encourage a flow ofinformation about safety I

De Nuclear Regulatory Commission concerns by wrkers at nuclear power should take more seriously safety concerns at plan's. Dat principle is supported it. theory, nuclear power plants. De NRC approved s and usually in practice, by both the NRC l

deal that gagged an electrical foreman at a and utilities. De NRC keeps an inspector at

{

Tknas power plant from talking about sus.

Millstone and Northeast has several pro.

i pected safety problems at the plant, incredi.

grams designed to elict safety suggestions r

bly, the deal might have even prevented the from its plant workers.

worker from talking to the NRC.

Still, the ofering of cash payments to j

De NRC ruled there was nothing illegal quiet whistle blowers is disturbing. The Atom.

e about the gas agreement. It only reversed it.

ic Engergy Act makes it illegal to fire whis.

self aAer a Senate subcomminee began an tie blowers. But both the worker in Texas and investigation. It has now forbidden such cash.

the one here, who worked for a contractor for. silence deals.

rather than Northeast, say they lost their jobs i

Such agree,ments were thought rare, aher raising safety concerns.

~

However, a similar deal ofered by Northeast These workers might be dismissed as l

Utilities to a former worker at Millstone 2 malcontents ifit weren't for the NRC's past suggests that the practice ma be more wide.

anitude ofindiference toward attempts to spread. However, unlike the exas deal, the gas workers.

i I

t I

l

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v su eer e

T XE officers gaveto campaign of NewHampshire governor By SANDRA CLARK tributions did not influence Gregg's Democrat Paul McEachern or Lib.

+

Cearent Sta// Writer endmement of the NU takeover ertarian Howard Wilson Jr.

)

plan, saying that Gregg would back Brian Cripp, Gregg's press secre-Eleven top esecutives of North-other offers if they rnet the same tary, sald eontributions by NU eaec. -

1 east Utilities last year contributed a conditions.

utives were a fraction of the gover.

totalof $2,900 to the New Hampshire NU officials acknowledged it was nor's $800,000 campaign. He said election campaign of Gov, Judd unusual for its executives to make Gregg's endorsement o! NU's buyout Gregg, who last month endorsed political contributions in a state plan was non esclusive, J

NU's bid to purchase the bankrupt where the company does not oper.

"If a better offer comes forward, Public Service Co. of New Hamp-ate.

the state wtll move in that direc.

shire.

Francis L. Kinney, NU's vice pres-tion," he said.

The contributions ranged from ident for public affairs, said a com-In January, NU announced it

$150 b a senior vice president to pany lawyer s'iggested the contribu. would submit a bid of $1.2 billion for

$500 b William B. Ellis, NU's chair. tions - made ior tickets to a fund-PSNH's assets - not including its man and chief executive officer, ac. raising dinner - would be an 35.6 percent share in the Seabrook cording to campaignimance reports appropriate way for NU executives nuclear wer plant, on file with the New Harnpshire Sec. to participate in New Hampshire's In Jul, NU made a second bid of retary of State.

civic process.

$1.9 bill on for all PSNH assets, in-The donations to the Republican

We are trying to buy PSNH and cluding the Seabrook share Gregg governor's 1988 cam algn were we do want to be a part of the com-has endorsed that offer -- particu-within the state's le I limit of munit," said Kinney, who donated larly NU's proposal for rate in-i

$5,000 for individuals and were $250 t Gregg's campaign.

creases over the next seven cars.

i made severalmonths before NU an-Asked whether NU expected or NU was not the only utilit inter.

nounced its interest in buying Public received any special consideration ested in PSNH whose emp oyees Service Co. of New Hampshire, the after contributing $2,900, Kinney contributed to Gregg's campa gn.

i bankrupt electric company, said, "At that kind of money, of Campaign finance records show i

Gregg last month endorsed NU's course not. No.

employees of Massachusetts based.

$1.9 billion offer for the utility and a "It's not a bad idea to particip. *e New England Electric System and i series of rate ircreases proposed by in the process," he added. "I'm sure its New Hampshire subsidiary, the Connecticut based utility Some our contributions haven't gotten Granite Gtate Electric, contribated New Hampshire legislators have anybody elected."

$450, l

criticised Gregg's action, saying it Jeffrey R. Kotkin, a NU spokes-But Joseph DIVeglia, a New Eng-could discourage new offers.

man, said company executives did land Electric spokesman, estimated NU officials and a spokesman for not contribute to either of Gregg's l

the governor said this week the con. opponents in November's election-Please see NU officers, Page C6 l

XE officers gaveinNew Hampshire Continued from Page C1 ested in PSNH.

ert E. 'Busch, senior'vice president Kotkin said the Northeast Utilities for finance; John P. Ca gnetta, senior i

l employee contributions at $1,500, Political Action Committee in 1988 vice president planning and ret a.

M l

saying many New Hampshire resi-contributed $250 to U.S. Rep. tory telations; John F.Opeka,execu-dents who work for the company Charles G. Douglas, R New Hamp-tive vice president enginee-ing and may have contributed as individuals shire; and $300 to U.S. Rep. Robert operations; Leon E. Maglathlin Jr.,

without noting their business affill-Smith, R New Hampshire, senior vice president for customer ation.

~

NU P AC contributed $3,700 to the service, who has since retired; Ed-1988 campaigns of candidates for ward J. Mrocska, senior vice presi-New England Electric has offered the Connecticut legislature and dent for nuclear engineering and op-

$2.3 billion for PSNH's non. Sea, $2,400 to Con ressional candidates, erations: Walter T. Schulthels. vice brook assets and plans to submit includingone rom RhodeIsland and president for power sep y, p.anning another bid' one from Massachusetts, Kotkin and research; and Wa ter F. Tor.

Kinney said he did not believe said.

rence Jr., senior vice president and NU's executives or the company's Other NU executives who gave general counsel.

political action committee had con- $250 to Gregg's campaign were:

Lawrence Shay, senior vice presi.

tributed to any New Hampshire Bernard M. Fox, t esident, chief dent for administrative services, campaigns before it became inter-operating and financial officer; Rob-contributed $150.

,,__,u..-.~,.._m

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Nuke plant b a btu pacts can't Nc,, i ' g qq buy silence, Dole ru es.

l

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leYthaDuee P[ anti'*in N

'es p an gr t etig i put Dole: Pacts impede has P-between Lorento Politti, a former em.

se~lements of employment senmm ion cases, can,t restnet whistle blowers ficm ployee at a Tetas nuclear giant and his g0Vernment,S function 1

going to federal agencies with safety oyer, a contractor at t e plant.

I I

Although the Texas agreement allowed Continued from hse 2.7 C'*P *I"t*' familar' w.th the ruling say it Politri to tell the NRC about safety con-Lawyers i

co:ld be an imponant precedent or a cerns Dole said the speement prevented cy, and prohibited h.im from ever j

Connecticut case involving a New Hasen him from coopererating with any other working again for NU or W.J. Bar.

federal or state agency, including the Oc, ney Corp., the Groton contractor, y*N[.;.

cupational Safety and Health Lawyers for Northeast Utilities y

s frd n ggg'gf.jP.l>.

Admir.istration, said they would challenge whether 198f from he e'

"Its efect, to a large degree, would be to Delcore filed the complaint within j

i o*b feh.,t 'tf. f.. ['..b'..A' dry up' channels of communication the 30 daks that employees mu,st e ar 8,

r.

which are essential for government agen-file from t e date of an alleged dis-Qig,g-

.l.a.rge d..>e..v.371 eies to carry out their responsibilities,"

criminatory sei.

g"

..e.

. 'tld.:

Dole's decision said.

Also, in relation to such seule-Jrhn Delcore ' gree, W Ou ;.p, Sources at a U.S. Senate subcominee of ments, the NRC,in response to the r$. bk,tN N ) h the Environment and Public Works Com.

controversy in the Senate over

+

wner

^~

mittee, which held hearings this spring on these pnvate settlements, has pro-Jup,t.DhtnNDIS[J cast Utilities i

the alleged " hush money" oEcts, said the posed a new rule to prevent nu.

I for w

'Of COminun

.i Paluzzi decision could bear directly on clear plants from devising settle-1 W

.t Dc!c:,re's case..

ment agreements that would

' I "t'lo"n d'I'D..-

t Delcore filed a May 11 complaint with

" prohibit, restrict, or otherwise Del '

' C8 g d all 8

fe 'w,as' fire

,,.. g' f.g.V6lIlyJ

,.., S.

n;# h:,M hearing in New London last w6ck, Del-ing to the NRC with information, 1

the Department of Labor. In a preliminary discourage".an employee from go-r,

, c3mp ng.

,1, 4 M l,n j, Elgabeth 4

core argued that the oEer was illegal be-Anthony Castagno, an NU about laa safe,ty.

4 cause it restricted his right to go to the spokesman. said NU plans to com-l

..If

• I hy e

p.18 a n Sp2nt of this,y supportive of theC

," e're ve W

tie. In exchange, they asked Delcore, who

=

refused to accept the money or sign the document, not to give irformation to any proposed rule.

federal agency,except the Nuclear Regula.

He said NU ofers to settle dis-putes with employees are proper tory Commission.

because the agreements preserve the emplofees' ability to go to the NRC.

l 1

1 l

l l

l l

l

i

.I sei ^Y. AMT 30. m '

Other bordles resnain The labor department complaint'is only the l

Arst hurdle NU must clear; Del Core, O'Sul.

1 livan and Gary Sullivan, who also works at Millstone, have also complained to the U.S.

i Nuclear Regulatory Commission about sitna-Lions they claimed represented safety viola-l tions at the plant, and about their treatment aRer they reported the violations.

l An NRC team substantiated some of the i

men's allegations aner inspections last month, but it is not expected to rule until next month j

whether any of the allegations involved safety i

violations.

l Del Core and O'Sullivan complained to the 1e C O m P 21H i

labor 6epartment in July oflast year that they were harassed by NU aAer Aling complaints with the NRC.

Shats, in his ruling, said the two men asked g

in their complaint that NU be ordered not to galHSt interfere with their or any employee's right to f

complain to the NRC. Shats said he could have i

dismissed the complaint because the request was so broad it was not covered by statutes.

Shats also pointed out he could have dis-Stone missed the co.aplaint because none of the al-i leged incidents of harassment resulted in any s*

adverse effect on either man.

{

O'Sullivan claimed he was treated unfhirly 0

-e during an evaluation in January lb83 and was S

e forced the following month to attend a medi-I See DISMISSED soft R$

I

/

sy mossaf A.DIAMILTON I

Day Staff Writer j

Waterford - An administrative law judge hes thrown out the claims of two electricians

{

at the Millstone nuclear power complex who 10 1OOn ham B1 said they were harassed at work because they

,t 0 100G

{

. complained about safety problems.

cal evaluation to determine concerns about Millstone, he i

13 a ruling released Tuesday, U.S. Depart-ment of Labor administrative udge Cheste whether he was fit to continue should bring them to Keenan be-i Shats ruled the complaints by lonald W. De workiny at a nuclear plant.

fore going to the NRC. He also I

Core Sr. of Montvilla and Timothy O Sullivan Del Core'said he was harassed in agreed to talk with R(as'supervi.

I the kitchen at Millstone, was not sor.

(f Glastonbury were," totally wlthout merit.

Most of the complaints were thrown out be-(ald for four hours he spont with Ross told his friends that he l

RC staff, and was told in a meet-came away from the meeting with cause they were not Aled before statutory ing with Jack Keenan, the super-the feeling that Keenan wanted deadlines. As for the one complaint Shatt intendent of Millstone 2, that he him to no longer associate with Del I

could conalder, he ruled it was only a misun-should not have gone to the NRC Core and O'Sullivan, but Shatt said derstanding."

with his complaints, there was no evidence Keenan ap-

"We really hope this helps bring the issue to But since all those incidents plied that kind of pressure.

i a close and we can get on with business, salt happered more than 30 days be-Shatt pointed out that NRC pol-Anthony J. Castagno, a spokomman for North-fore the coinplaint was filed, Shatz icy allows supervisors to request east Utilities, which owns and operates the said he could not consider them.

that safety complaints be brought Millstone complex.

The only incident Shatt consid-to management first.

Del Core said he has already asked the labor ered in his decision was an incident Keenan's stata.nents to Ross, he department to declare a mistrial in the case June 20,1988, when Keenan called ruled, were "not made for the i

because Shats' decision took longer than the electrician Anthony J. Ross into his purpose orintimidating Ross, or for 20 days allowed by statute.

of!!ce. Del Core and O'Sullivan said the purpose of encouraging Ross He said he hopes 1 abor Secretary Elisabeth Keenan told Ross to avoid them not to associate with Del Core and Dole will review the entire case, including the because they were troublemakers.

O'Sullivan."

finding of a compilance ofHeer who found ev-Ross had asked for the meeting-Ross misunderstood or miscon.

idInce ofharassment, and issue a ruling.

because he felt he was being strued Keenan's statements, Shatz Del Core said he was also encouraged that treated unfairly by his supervisor ruled.

Sh:ts recognised thet NU abused the process

, because of his association with Del "Mr. Keenan neither stated, in-by requiring lengthy pre trial depositions.

- Core and O'Sullivan.

timated, nor implied in any way Thise cost him S6,000 !n legal fees.

Testimony at trial showed that complainants were trouble-t NU contends it needed the depositions to Keenen said if Ross had any safety makers, or agitators," Shatz ruled.

pr:tect its legal rights.

/

j l

A b & u l b u U e DE)

& & 3/

1999 i

c L lifillstone complaints could'be dismissed 1

t

, W.... ; By CMIRE Emm1TE hsem== they were tr==hl===hars.

who also flied safety complaints with the tered en a anesting between Iless and l

• Norwich Bulletin

~I cm cinde that IIr. Ross unreasemehty federal N=rbr Reguistory Comunission superviser Keeman. At the =mediar Kasn-l

.. Nw H ~ A..

ausendersteed and adscenstrued the con-against NU, which owns and operates the as told Ross that he had been seen WATERFORD - A federal versalism he had wMk Ka==am en June 2, adianame.==ca.=r power station.1he NRC *1mdeing in conversation" wigi DelCere

_l ofImber admimidrative judge' recem-3gn," Shots wrote.

issued a pr=Maimary ruling a meesdh age and OTeElvan. DeXhre and'O'SuBven mend that campinime= by two BARiden* H O'SuBran said last night that Shotz substantiating # d the 13 complaints had n4mi-sd that Rees was told met to l

ensplayees.that they were karassed for made " gross errors of judgmsut" in his filed. A forusel rullug en wiuther any of mammanes with Siena, and referred to Russ t

reporting safety vielstions he Al-ined.

des 4mism, especiety in Am= dad =f musst of the complaints peces safety threats is as M "

Adadalstrative Law Judge Chester the esapleants due to deseines. O'Sulu-in four weeks.

Shsts wrote that Ese ssaimummy i=dicated a

Shotz dismissad aH the horassment esm-van said he we ask Dale to enregard the said NU wiE respond puhEcly that this was not the werdag er the i

pisinis fDed by electricians Donald. Del-3Ikday deemine, and rule en aR et the to that report when Kis reinmmsd i-phemes = Keense was conveying. Keen-l Core of )featville and Timothy-O'SeBlvan mumpanima The emapioyees also have the Shatz's ruing was hosed en 27 findags an had testined that he esmesma.d seeing ef c't i _,, saying at bus' ene were ' epties to take the final desiden to federal smede fress three hearings last faE. One ness with DelCare and O'Sutivan to deter-1 filed after statutory dandu== had p====d court.

=ada= had to be repeated lost sneath mine whsehsr Ross had similar safety I

l By law; cornplaints must he filed me later

" Shots teek a serreur point of view," after transcripts were lest er mustakenly concerns. Et is NU's psEcy eut susti than D days after an ispidset occurred. -

05aElvan said. "R doesn't addrums itser erased.

egacerns he escassed with

/.'

l Shatz's decision is a rare===s=dsti== to to the her======f issue overaE."

O'SuBevan said he also wlE===pini= to hefere esempisists are IEed wigi sie NIIC.

i federa1 Laber Secretary mirehsth Dele.

"We reeBy hope this is the end of it,"

Dele that Shots's darial== dd ast come I

i Shatt ruled one compielet was aEowa-Northeast Utiglies spebeansa Anthony within 3 days 'if Sie close of testimony, as

,, Ram in his %, 3hatz i

ble. He found that complaint, though, to be Castagne said. "Abest a har denen other speel8ed by law.

wrote, gist was=== informed him that R' 5

,,o anseelste whk l

a complaints to the Imber Departusent have "He had to imune a dsu4=Imm withim N t

e i

Shots found a third Anthony also been ruled in ear fever, but this one days," 03mRivan said. "That's as J, pass, mins derstood H Super-getsletof attention."

tant as the 3Nay time Esmit en as K

• s 01eEvmi said he is aise leeldag for ima = dent Jack Kosman to say Rees should DelCore and'caworker Gary Jelumen going to use that."

Dele to reverse Suez's race--memassa est associate with DeiCare and 01eBivan were among several Reindene employees The anspimise ruled gn by Sheer con-en thisimme.

^

)

i I

l

!L

Judge denies i

NU workers

! W--

BUSINESS

~

An administrative judge has denied a i

complaint brought by two Northeast Utih-i i

ties employees who claimed the company discriminated against them for complain-i ing about nuclear safety.

Chester Shatz, an administrative law I

judge at the U.S. Department of Labor m, Boston, said the discrirannation com-plaints brought by the NU employees "have noimerit and should be denied."

THURSCAY AJGUST 31

,,_eee PAGE 2r 4

'Ibe decision was made public Tuesday.

i NU officials said the decisson vmds-i mte, the company and shours it doesn't -

2"'"A*'d* ""e ** *'

NU: Judoe denies whistle-blowers' bias complaint l

"We hope this helps bring the whole issue to a close and we can get back to a

business as usual," said NU spokesman go,,'*.ucd hom lhge 49 with the whistle-browers. Keenan Governme<t burcacracy e,s the Anthony Castagno.

3 But the employees said Wednesday the Delcore have complained to fed:r-spoke to Ross about it,giving Ross problem here, not the whistle-(

decision demonstrates the weakness in al agenries, including the Nuclear the impression that he shouldn't blower, and agem, the whish federal law that is supposed to.proecct

. Regulatary Commission, about las associate with the whistle-blowers blower loses.* he d whistle-blowers at nuclear power plan,ts.

salety practices at Millstone.

Shatz wrote in his recommen, dation; "Ihe releng most now be re-I i

i

'They said the law makes it almost,ssn-Shatz's deciseen considered one viewed by Secretary ofIJbor W-possible to prove a peacrr. of discrime-complaint that seemnied from a Rather, Keenan was telling abeth Dole. Delcore said the em-nation. 'Ihe law requires employees to file June 20,1988 conversation Ross ne talk to the company before 1

complaints with the U.S. Department of between Milistene Unit 2 Superin-filing safety cf.: ;s with the playees will ask Dole to overters the &ces.on.

Labor within 30 days of alleged instances tendert Jack Keenan and Mill-NRC, Shau said.

l i

i of harassment.

stone emp'oyce Anthony J. Ross.

Shatz said lie wouldn't look at Delcore said they will ask for a

'Ihe judge would only consider one From that conversation, Ross the wgusee blowers' compli.ints of smsenal because Shatz failed to is-I I

June 20.1988 event. He refused to look at came away believing that Keenan discrimmatory events befose the see a decesson within the restened other incidents of alleged discrimination thought the whistle-blowers were June 20 conversation becesse they 20 days of the July 27 hennas.

i that occurred more than 30 days before tremblemakers who should be weren't filed wettun 30 days.

We have a time bar onlis g-I the employees filed their complaints with avoeded. Shatz said.

. One event encheded froni the ession just as he has a time bar en 4

the Department of Labor.

Shatz said Ross conveyed his nes;ng was 03ellivan's Feb. 4 our evidence, he said.

I "I don't think it's significant at all but a impression to the wiwstle-blowers. 1938, visit to an NU physocian.

l minor inconvenience in our overall at-who Shatz said became angry and O'Sullivan cienned it was a forced visit to intimidate him for having tempt to gain for ourselves fairness of filed the DOL complaints.

treatment and hopefully to change the Shatz said Ross's impression made safety.x-4 2-i law," said NU employee Tem Osellivan.

, purely subjective"'and that Delcore said that when he made i

O'Sullivan is an 46..=n at NITS Ross misunderstood Keenan's true safety comptanets to the NRC, the Millstone nuclear power station in Water-intentions.

agency never told hiin he had to l

ford. He and instrument specishst Donald Keenan had told Ross that he file a separate DOL discrim; nation

)

l had heard about Ross "hieddling' complaint within 30 days.

Turn to NU, l>pe $2 s g.

.n.

I

-, -... ~ - - -..,

~.....- ---..-. -.

l FmDAV, SEPTEMBER 1,1989 Oc Slhe REGION OSHA to re-open Millstone complaint f

By 30 SERT A. BEAMILTON not have adequate policies for OSHA about the evahsetion but l

Day Staff Writer employees on how to deal with as-was told it could not be pursued bestos.

because the complaint was not filed Waterford - A whist'rdim. at He said those comf ints were within 30 days of the incsdent.

i the Millstone nuclear power com-ignored by' the company and he Del Core, however, told OSHA it i

plex has convinced the federal Oc-brought them to OSHA which was the later departspent's fault he cupational Safety and Health Ad.

cited the company three months did not role the complaint on time.

mmestratson to rewyen a case that later for not doing airborne moni-in ter d m#nt to h was dismissed because it was not toring for asbestos fibers while the labor department he asked. "If a t

filed in time.

work was being h Donald W. Del Core Sr. was nou-On March 15 of this year, he re-fled m a letter from OSIIA this cesved a job evaluation that was

• • 'I**"

week that h!s case will be assigned critical of N way he handled an-l to an investigator, who will contact other job involving asbestos. Del "H wasn1 my fault the complaint him soon.The complaint alleges he Core said that evaluation was re-wasn't filed on time. They should j

was harassed at Millstone for taliation for his earlier complaint, have told me the proper place to complaining to OSHA about as--

because the inesdent was not snen-. file was with OSHA" Del Core bestos problems.

teoned in an evaluation of his co.

sa6d. After forwarding the labor i

Anthony J. Castagno, a spokes-worker en thejob.

departement letter to OSHA. the l

supervisory investigatw John R.

i man for Northeast Utilities, which He complained to the U.S. De-I*N N" h* **'N

• i i

owns and operates the Millstone partment of Labor in April about

'PC' Ih' '***-

compicx. said the company will Je-harassment, and the complaint was rend its handling of the incident.

dissaissed, but he was later told his "ARer interviewing you in depdi.

"We welcome OSHA's revsev, complaini shmsid have been made Hhe investigatw) may recosmnend j

furtber investigation, or adminis-and feel we're in full counpliay to OSHA an arm of the labor de-with all laws " Castagno. said partment which has the jurisdic-tratsve clossng subject to my ap-

• We're very confident they wilj tion in cases where peopic who preval." Sechovset said in a letter bear us out ~

make safety complaints are ha-to MICore.

4 r888e -

Secimes was unavailable for Del Core also has whistleblower On May M lie emnplained to commentThursday.

complaints pending with the U.S.

Department of Labor and the U.S.

Nuclear Regulatory Comemisseon.

t

~

lie and two co. workers have out-i r

Iined snore than 100 alleged sa ety violations at the plants, and have complained they were harassed by company omeials as a result.

Del Core said in July oflast year he complained to NU that electri-I cal cable he was ordered to work I

on that contained 30 percent as-bestos, was not properly labeled.

and there was no warning on his work order about the cable. In ad-

}

dition, he said, the company did

- -- ~

I

.~

h i

l Day of testimony in 3U h.

. v nt j

suit to be reenacted to replace tape

~

By VAN-ALDEN FERGUSON they were transporkd from New Rosenbiett, a West Hertgerd at-l Dey Stasrwstwe London to the mesten ofRees of torney represenGatt DelCore and Apex Reporting.

Thnethy O'Settiven, an elee-i Lawyers for Northeast U63iGes OfReisis speculated that the triesen at Millstone II.

{

and the two Minstene --- /_,--- tapes sney have passed through a Rosa.ntdett, however, said h eherging snenesessent wHh her-snegnetk Seld when they were could not agree with it.He sold h.

assement will se betere a federal t,

, w to their einees via tried unsoceestanny to preperi

)sese on Feb.14 and recreate the C.-,1 f bus but said they were his een seawmery. "There's sw g

nani day of _/._., in order to not certain how the tapes were subsutete for live tesumeny," he replace the taped proceedings erased. The tapes ihms the two said.

l that mere erased.

previous days were intert.

"It's certahdy ineeseenient la j

At the February bearing the Administrative Law Judge take anetteer day to recreole N attorneys w'M lindt the evidence Cbester Shots, who preesded over (the t-- -_ ;). but I guess that's l

i, presested to the Nov. 9 lesering the hearing, had ordered a new the law "Costagne said.

j which ineksdes " :"N __, fkosa hearing m...;

only the third-The federal labor departsment

]

John Keenan, Milstone II super-dayofthe*. rial.

coswheeled aduaisistratave heer '

latendent, who rensted elehms TIse attorneys had asked in-ings on anessGens freue Del Core s

i

\\

that he used obscene language to steed to subault a sunumery of the and O'SulNeon that they werel j

an instrusment g.' " f. for re-etterneys.For both parties and against by Minseene Il neonage-reprimand Demand Del Core Sr.,

e. ass===y. The jesdge said that horassed and discrimoineted '

3 perung his concerns about pro-taneer eisents lied to agree to a A-nueset aner reparting unsere een-eedures for tesung equipement le neldraft and subanM it by Dee,3g. dettoeis at time plant to MRC ofR-the Nuclear Reguletory Commess-Anthony Costagne NETS seen-tiels.

3 sien-ager of nuclear 1 -"' ~-. said The Nevesaber heartag was 1

The six tapes frees the third day attorneys represenGeg MU ikon heht aAer MU appealed the Red-l 1

of a US. Department of Leber W. Cook, PurceR and Re-less of a sober departement fee T j

hearing, held fkosm Nov. 7 to 9, yeelds of Washington, D.C.,

finder's report which upheld t' j

were '- - !..." _ _ b erased when mAsnitted their sessamery to Imen aIIegotions of the two unen. y j

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mu, e e,m i. Northeast-Utilities has enviable record for nuclear safety..

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P!,.h be foolhardy for x. -:. for shave-can ahmeys so to the Nuclear F--

~

. Editor's nose-7he followisy article was

~,

holders and for the public.

Commessson.

i i

wriat:n in response to "Mi#ssone 2:

i Browisw the Whistle.** a three-part se-it also is inconceivable to me that I don't kww of sam ser._, _. _

e port publishaf by the Regrsser cenarn-anyone would even suggest that Mill-that receives the microscopic uanne-i irw alkged sefety kepses at the Misssone soone Pbint (- ", ce would permit a l

2 nuc$ese power plant in Mhserfont cavalier seitude'toward safety. De vast asson that nuclear technoingy does day My ddiese : -

en and day oest

.,1..; frone the

" " ORTHEAST Utilities began op-

% dessasice' b" live in sinon die swim. Four full. tinic Nuclear R. "-- - -, Com-messeon ressdent sospectors at Millstone,-

,erating commercial nuclear Why M w beheve tht ekse to the thousands of hours of sedams power plants in Connecticut in SEAIEAAD SA. FOX

, -.r '" _ ge,, '"8' sears ased tech-that commeesson mspectors from all 1968 and at Milhsone Pbint m 1970.

over the country conduct at the plant, to

,Not.only have these plants nsa safel.

WeII over half of Nonheast Utilities' would r heir ori Y

but they also have establistied standards $6 bdhon in assets is inveseed in the four iiies' safety by short-circuit *" @ the penodec intensive inspections and ofencellence within the axlear industry state nuclear plants we opersee. Our tions het M &c vm foundatia revsews conducted by the Institute of Nuclear Pbwer Operateens, and through

-as leaders 4n applying W-the art nesmagenoemt is well aware of the eco-for safe plant opeestion,'.000 c._,t ce; 3

technology to achaeve chave opera-nomsc. social an 1 political consesguences 8' **' '"" C'"*"' I""'"*I 9"*IE'Y **-

With appronemetely 9 i

'"'*" 'NCI'-

l tions and mairatenance.

that woesid befall our cussosners and our - 2,100 d whom are directly involved Over th'at 20-year pened of safe oper-investors if these plants should be shut in nuclear technology - - Nonh.ast Util-I (****t i j *:-: serongly enough at,on, nuclear power has saved our cus-down for an extended period due to in-ities is a fairly lage company. With so that not only do we not lierans employ-i tomers acarly 32 bilhon an od costs and seentive operation on our part.

many peopec and with the compica na. ces who have safety w other conams l

has dramaticaRy cut Connecticut's de-w,,g,,,,,,;, _-

_ li awarell A the ture of our business. it is inevitable that about the plants, we consuler the raising i

N'"""

• • *l ", "P'"*-

Nuclear R.,, '=y Cosnmission is no there will be ecc4:r',:1.e..ces g of safety issues to be an essential part of

[

i

- Connecticut's four nuclear units have paper tips. It has teeth and has dis-opinion aboet technecal matters. I consi-an s.J ed ye. Dis is and lies al-j t.t various times established not only na-played a clear willingness to use them der descusseen and dchese aboost these ways been our policy and I espect ev-l j

t;onal, but also world records for excci-

-J.. is warranted.

opinions to be healthy, and I encourage cryone who works at Northcast Utilities i

lent performance. For instance, last year i

Millstone I had the best operational per.

For example, in addition to ap them.

to live by it.

i But, there may be times when an em-I have no absolute guerantres of safe-

,,p,,,g g;,;,

es formance of any boiling water reactor m h&

. picyee is not completely misGed, even ty to ed' r, no technology is C_:3 e

1 on a number of occassons, less ordered though extensive reviews have been con-safe. I can, however, oIIer to the public the world.

Performance at Connecticut's nasciear utiihies to shut down one or snore n.-

ducted to assure that the proper course my personal knowledge that the men power. plants is reviewed, -- -:-0_ f.,

clear power unks foressended periods,if is being followed.

and woesien at Milissone Point are com-i and audited constantly by a large nom-the agency has safety or messagement If not satisfied, employees can seek to miteed to safety, are comenced to the l

.ber of regulatory and isidessry agencies, resolve their disagreements in the tradi-wcII-besag of the -i_ _ - ?, coensnum-concerns.

isonal nicans by working wSh their sis-tiee in whech they live, have sectinecal iiecluding the U.S. Nuclear . " :

-7, De Hst d such aggressive enEpece-Commissiont the Institute of N=rie=

pervisors through any level of manage-skills surpammat by none, and have the

'i**

P*"

l Power Operations, the Connecticut De- "and

]**'_$ unent of our company. If the employee resouras s-mary to discharge their re -

~

extended,

__ _- - 7 does siot want to use that approach, he

- iN:ies r-1 : '*i and conscs-

[

pertment of Environmental Protect osi g

plants at &c Dn-or she has other options avasieble, in-entioudy. I doei t believe Northeast Util-l astd others.

n=~

Hey Autoney, Boston Edeson chsdens confidentiel access to an inde-ities or anyone che can do more then l

u Strict adherence to the letter and spir-Cosspa.ny and Philadelphsa Electric th con-pendesu C'N agency whose role is set.

it off e thousands of.. " 1:- :

j j

tr'olling plant operations is not only the

""8*"I-to resolve employee safety disputes i

goal;which we strive to achieve, but it is We fully realize that cuming corners wisile maintanung the anonymity of the Seneerd M. Test is pressdent and chief l

~

l the only approach that makes sense.

to save a smoII amount of money would employee. And, of course, the employee operatisy oficer of Northeast Unhees.

i Wa.

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Neto Nam &gistet%

L 1777H YEAR, MO.122 DEEW HAVEM, CONNECTICUT, TUESOAY, MAY 2,198g 36 CENTS A

l U.S. probes

~~

l hush money NU: C1fer to ex-worker scrutinized ~

! from NU

- - B m cah. -

Gy Terry Sacks E

IITlesudtGodI inw r.rms U,e,,esent W has h g 'ggggggBM ass est plan A U.S. Senate subcomme.nce is investi-med about a doaen witnesses to tes-gating Northeast Utilities

• oKer to pey a tify at a hearing ' thursday in con-dOcagggte89t. ) )

- hw h hW I

former electrical foremen $l5,000 to limit nettson with another once-secret l

public disclosure of his allegations about agreement between a fanseer elec-

,,lohn oeico,,

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• I'"

~

lax safety at a nuclest plant.

ancien at the Comenche Ptsk no-die New Haven Northeast Utilities ofered to pay the clear plant in Texas and a comersc-Temas cenereceer Brown & Root in. ',.

g g

l money to John Delcore of New Haven,

. sor at the plant.1he plant has yet

' Unlike the Comenche Peak '

I who worked at the Millstorie nuclear pow-to be hcensed to operate.

er complex in Waterford, according to But estil the subcomminee and Bresua wrote NF.C Choirmen agreement deced Jan.,2,1987,.* >

the proposed agreement that Delcore re-lestned of the nearly identical Lemio Zech Jr, askang leim to tes. Ws proposal in Tgbruary to De.

fused to sign?

agreement NU ofered Delcore, tify Thursday. The-senators core contains a cleese saying th(,

i j

Now a U.S. Senate subcomminee is the Comanche Peek agreenient asked Zech to answer guesmons on agreeseent would not probsbet Def-1".

i i

questioning whether the use ofsuch agree-was beheved to be an esception the legehty d such,agrenenes.

core freen going to Gue; NRC e j

l ments is widespread and whether they rather then the rete,Sensee searces "1he sehminee will be SeiN, the proposal aesches' al ~

have restricted the flow of information said.

looking at the NRC's role s,e tisis

• ca gigi,,, i,, Deltore's right'tip' 8*** 883d. nosing that the agency -.

It weeld proteibit cons-.

{

I Northeast Utilities 08iciels re lies

-m endorsed the see or =us/

& bout nuclear plant safety nationwide.

fused to comment Monday on the Delcore is one of fm r whistle-blemers e

m icaseng wish she NRC in any at :Se Millstone 2 nuclear plant in Witer-.

Senetci investigation, empleeneng diese agreemenes-nienner that would bring the snes-l ford whose charges oflex safety were the.

that the Delcore cassi was still in,_

• • 'd the federal agency oelier Wien sIve NRC,' tIse docu-Frank Ingrahme, an NRC ser "so sie amenesen d any party i

subject of a recent series of articles in the !

litigation.

+

New Haven Register. NU has denied com- -

"The Delcore agreement has ooTg se ot e

P * *'S'"E 88fe'YJ raised the question of the pervam-Also, boats the Comenske Peak

• Delcme was fired in Og7 after he veness of this practice" seid sub country. Asked whether the NRC apseensent and slie Delcore propos-:

l p gg g

compi ned hat fety v.m weren't commenee Chairman Sen. John gg,g g al comesen clauses saying eiet die-j

.ng Ied, a wrongnsi Bremen D-Louisiana. Breaux minstion suit, which is still pende,ter-

• • t

• prened * *i'* '" ' leg, elecenciens snest ressut - _

ng.

called sesch agreevnesets " money-W W h w n M_ --

• l l

{'Q and die contractor he wated for.ssience seinesnenes" I" **""'C'i""

8i's' P'"d'"88lineir empenentes at $se n The solicosnessee did not sub-l Delcore ca$ the '

1he sebconometeee is concerned poena witnesses in cennection wi

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"g g money," a char 7geEU that diese agrenems are' coming wide die proposed Deinere agree-h power M s

de,,3ed.

os die Nacies, Regenemy Com-me. - eiere wom i eneegh Dea,re,eid sie + <:

"Thank God I didn't sign that docu-memeen hem infonnesien about time befce sie scloaluted licenng, #se psopened appenan are ennse. -

}

l ment or take the money," Delcore said nuclear plant safety.

Senate smaces said.

ty on Ws terms. ~Bese condi 1

~ Monday. "Ifit's normal then it's tinic they Subcmemisee members Sen.

Henever, one of slie witnesses tiens am desenmental to tese pob,

I become abnormal /* he said of such Alan K. Simpson, R Wyonens. includes the 'Illeshinesen. D.C.,

lic's wcKere," he said.

agreements.

j Term re, NTT. Drev-A

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~ Complete dah stocklistings Pages 58 59

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Seabrookopponents backin co'urt Page 59 Tr g [.,'jl 1 11

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l Gold-coin rnarleter under investgation Page 60 i

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ML}.Q.gahg....%

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.y FBI <:'\\ U.a.. believes *it acted pro,.pery

~

fjg CUMiniled domisse Si l Instrument speciali$t kNnald orh

.I formation from'the Nuclear Re n have e s nd

, latory Commission, he saldd'.gu !the Department of Labor, aller,ing' W

S' i

Jshnson was,said NU's offer.

6 [,

['l E C E

Castagno to that NU has harassed them for go/

2.'

.B specifically to settle to the NRC with safety com g

b ul t ave k tJ nson f r relat

,"ty issueW '"' %"Ir"

,!.' Lawyers for utilities and con.

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P' " "

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k

{ 4 (21p 5, 3-g} 8, NU !awyers hav'e been told the tractors developmg these types of e,

preposal to Delcore specifically al. deals,ments have changed such g

utility was off the hook because itsagree 3 g.. %, i 4

language as a result of esper-Iowed him to go to the NRC with lences with earlier contracts,.

• 2

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~8 safety concerns, Castagn'o said. He i

i A Comanche' Peak agreementi go

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<y' 4F tekhowledged thst.NU and WJ.1987 didn't specifically say the'em.

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Barney offered Delcore $15,000 nr.

egE.j".ge.

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8 ter the' utility rejected Delcore's ployee could go to the NRC with.

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.M N Fw proposal that he get a supervisory complaints.

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' job. Delcore said he wanted to be,a The Mshington law firrn that safety. supervisor. ' ' '....

refined the Comanche Peak agree.

,5 C 'T D-3f>

g Castagno said such" deals are ments also changed the offer to

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" absolutely standard" ways to set. John Delcore to say he could go to y.

p h,'g'{p"j{9 W

l

' tie lawsuits. "We were told that the the NRC but not in ways that -

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NU Barney settlement would not would brin his disclosures to the

6 3.

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be' prt 'of the investigation," he attention o any other party..The g

proposal also said he must resist -

9g

, said. M '

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• g But Sena'te ' sources said 'that's subpoenas to testify in court..:

not'the case. "The fact is that,' yes, ' Senate sources said..the four g Ei B.,

we are looking at that agreement, agreements,. apparently.. custom.

y " ga i

too ".. said.' a" Senate' source, who tailored for.their circumstances,-

glwf

,o El e g-m o

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" spo,ke on. condition of not being' differ in' specific lenguage but that k]S = E

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-7 5

' named.

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. all raise the same concerns.

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'.. The payment deal wo'uld"have NU did not offer Johnson mon.

a allowed Delcore to go'to the NRC, ey, the document showed. But the -

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798 e

but would have restricted his right contained sweepitig language that.

o

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B$~Sa would have preycated him from s N g$l }(T&$

to testify. ;

v

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.,, Senate sources said the ' deal, going to "any government spency,

!f,

,would have prevented Delcore's court or legislative body" with m.

from testifying in support' of two.for...ation that would lead to ac,

}g3g.

ggg N(si m

y i other Millstone 2 whistle-blowers... tion,against,the utility.

3.Eg,j i B 2 2f }gx,pD

._.D' s r;. > e;n., ::c.'.1. 3

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IE 9

8 = spr 8 4 ' hF gj rt R 93 Em,hkgf[

5 NE W H AVE N REGIST E R

.y j LBUSINESS M, gE*

1 i !

C@ry,s._.-, ru e.;..,;s.,(v.,iolate,d at M'Is,, tows 21-f

..e r

4. -

abom aNe,ed safety,r n'alie Regn Plwe tened,Qgh,i,wy,adioec.eive i.,*,mme:ns_from f. NRC 'n f%bruary because he sa

,- 4, y r; -

d the slesneval isi February i

a secent series ofarsselesi i

fOt' n-m dier

.mfety d a dosen.,rhe,s, ;nch,d.g f

g m sie plund, himself, was threseened en fib. 22. NU nucleer plant. ',*,

". $ ~ t

-?

wg[V iB

+4 s

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li b d Northeast. Ulilities,7 when an NU supervisor decided so : ~'E e ma - met % i.s stia',a ssid she incidesst involv-s.es a olee;

.g,;,m'.6,.whw...,.

er n-ase wh-Mie--asueen

-,p

~

foo' g she inserusmenes, called ICIs, ments mAer a winch for hoisting die les for worker and*public safety '

l b'i#.E,. m.R' "Ihe C refused so comesweet on stie' j

- during plent's recent shi,adoms. No-instruments W

"~

t 1 /sp'Jclear pienes shut down 4^ ", to Plant procedures call for using an ~ encodess a the WNU'oSicsois said'*

i i,

EHFORD W A;.T 'f iis threet-pfseplace naciber fuel and neeintaen plant.

]

.tigot' weit 6(soliity w electree wmch in order so beser control -

the removal d the,inseruments.and. they believed -nothseg isoproperI 1

t i=rwyt at a near--er. equipment.M t!.C ! T-~

. a happesied.

Mi

• *" ' t e '- s f

~

t i

Any tihasiled slee@8escleary;nareme, the instruements docE in the, inske sure their leshal tips venisen ise-;.

' :Com'nsessouriteiconclude " rescsor cose where acomec fission oc-neersed in weser, which blocks radse-

. P inspector mysewed. die confisq l

j i

were vioinent, bt csien. Ihn a supervisor decided to keep urmeen widuset *e elecone hoist and,,

r s thet:

1. dsofe hoppa=ad WhM.tshot

• curs, they emit lethel amounts ofradso-10,000 renes an desir.ia pesiling the ICis with only an overhead t

W;y/Ilit',.NRCC most f recent s inspecison' shot k a d wey;no coy,.

j activityi4.00010: Workers esposed so an i=*=*=)====s i

g 3

crane, which Delcore says is like using.

"8' g 5 ~

N R Cr,,.

J s

,,1

.I < - a v ' '

! M poH:e.n the.

pliers to perform delicate surgery.

$m*poiidpinist3n.Milissone Unit 2 nuclear. ; hit of.450 reins could die. o N i i

M Daterfoid a, reed in part? " Dosield Delcore, an istrument spe -

Delcore and dwce other whistle *

(

~~

i bioners at Mi were the subject of; g

Turn to j

j

.ithjs( Millstone employee.'s.al,legati.on,clc' 'niist,a.t,the ylent, conopleined so the n,,..

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reewr rieven Hegester, Theeraday, Iday 18,1989 Page 63 i

n n H(n3 !!

MiBstone: Workers upset with nuclear agency' ruling C8"'I"*88I I'8'" PJ4PC 59 fecmicas d'its operasses hcense to h h h h NRCs report.1he E- 'n' o's,-. said FR l

specify shot ICI removals are not

=5 S ct k appears to condone feNear-a.

gs But unresolved questions seem-cere steerssons. Cieses slie cosape-ing W O_ g_ <

=

meng froen the ancident remain, my now would be useless 'if die I on't now why I se.8 ge j

g E

the NRC said.

NRC leect grants the rule change, slunched. Ws just== hen.evehl 3

i R 3 8

^

Pennsylvania agreed with the Aktiougli time NRC said the NU m d Jokinen. y h me w NRC reasonal headquarters in he said.

i 8 g 9".

~~

whistle-bloners that NU vielmeed superviser's decision to keep I '-

i sent d ahe7_ ___ _mes M m

a T 2

=r conditions of its operating boense worki without the electric winch

=3 her=ne ICis were removed wish-was the NRC is "not coen-

"'Ihe eierene much was shese 8 m ?>

f g out a qualified venctor operator so-pletely seessfied" with hour and specifically...soshotit's physscal-i IY mpsesible so pull (tk ICis) out a

w I

pervisens the operasson.

when workers in sine field daride R R I%deral low says quehfied em-not so follour documented proce-soo far." Joinesen said.

O ployees with speesel NRC leoenses deses, Durr said.

"What a hell ofa deel" Delcese k

nouse supervise so called " core al-line NRCs leser with the re said of the NRCs not cieing a vio-serations," in enter to snake sesse port said MU that h leeien for the lack of a herneed i

cneical arrangentenes of nuclear changes in

---

?_

such as she operator overseeing the ICT fuel in the rescior aren't sleered. decision on sine electric wench, semoval.

2 Jacque Durr, chief of reactor "have potential safety conse-

"What it snes.1s is shot we don't w

'O propects at NRC ressosesi head-quences, particularly since eners have so worry about rules har-e 3

N I quersers, said Wednesday the: NU may be _

-- ' ' over time.

mII we have so do is put in for a 2

1 wasn't cited for she voelseson be-Deloose and sa.n*=e 2 inseru seclHpec change" cause NU believes ICI reasovat ment operiahst GaryJoinesen,who Durr said the NRC doesn't ED o,

' as e e isn't a core sherasson.

have crnscsaed the NRC for not "bhadly sense for escal comph-30 Durr said NU plans so ask the taking seronger enforcensent ac ance" of,; :

-., but sneder- [

NRC in Washington for an tions against alleged safety lepees, ates its insistence on feNoming pse-amendment so the techescal speci-said they were amazed at slee cetheses wide what's procescal.

~

~ ~ ~ '

a i

i t,'PegeT2 New Haven Rad =*er, Sundey, %i 21, 1990 l

j i

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..;Nu..,;:-clear: Federal o ficers c,ue's, tion secr. -et settlem.

.d.r-L

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N #, d -

ents s

e i

fChasinsed frone Piqpe Fre -

menes is one ef te sese'agest cases ever saw ee two'ence.eecset peces beesher p

- i g* [D yet Air abolishing the comunission seruck at the Comanche Peak me-

^

Court v h.e victim.s civit and.starti i

over," said Bob cdear plant in Dnas, steesding to west sus husas,done in et pleet,j suit the emmaalh ? Mesa, a i

i land.

er Beesus. ' Seneer sousees.

q e ppc w t

ymblic pneecutor's crimi-ButIbemuy'orityefeomanission - And a esver leser to the efer g,

a ',

I G:

s d; ani acn,on agnisst the defendent.

l

-.-a-s don't have sa Just as a crisnimal deseadant wie the actual agr===ypsebleums MU made MiResene 2 mare =iri==

plant, NRC'*

1

=a= under Johnson shows het NU's lawyess, g go,,,,,,,,

s' R

l

.U "can't '7e d.r.=n==e in me a victim not to.

scrutiny because cosamission

*=a*=s believe : the.agr====a

the sanne towyess sepsesemains te eagegy,,.ha.-

i

'O hgsinst

- M mal cdse, necteer poner companies 4*a't. prevent, nii,. freom eontractor at Comencise Ptsk, ap.

Casesgu said te mericeiens a

+

M can't pay or oser to pay whiedo. nnapas safety concerns to me paressly unneed to mehe suse! ee te proposed assessmen

,j to y

j-flowers not to tesafy against the NRC, NRC spelessaan Frank In-see,eenry ofIsher woese never see pavat Deteem Aus"smangcon i conapany in an NRC graian seed.

te Johnson sy=====,

cems est havg,moshing to do wie E, action, critics of eene sees====r.

layalun said eere's " discus-Ihe secretary dlabor's seview

" F-3I pocas said.

soon" at the NRC of of the proposed settlensent to "It isn't a menos e(limiting his.

~

as sew Joinesom "would raiy introduce going to the NBC, but in hopes er 1 Tilhe NRC'~ rete in these secret rules "'

Cs

j iii, heving &..c P="-

=1 sensing s

1 8e

,.a,psowed mamment ina.

Land *=p-dia-e ofseseusees ending - of te public airing,"

88 ri a nee,e,.es e.t we Ca a. m mid..

a one seedement that restracted a

~*h'8 I" it *o*88 8

' ' 9 A-- a at a % as nec5 ear early to teR" he 'smid. 'I'e as too would aR like to avoid" NU's A sees lawyer at the OSiee.of '

~

! ;;;,!'i;.& - -% is

~

is an NRC At ne. r'+

ef Imber,

?

W

. ashington low firtu,-Bishop, Admeiniseresive Imw Judges at the piset from Cook, PanmE & Reynolds, said in - U.S. Departasent of IAber de-

, "FD i

o being hereti-lawyers are studying wh=eherwhio.

g.

$. nised in Ceneress.

tie 4 dowers can accept e=dd=a.=

lawyers. NVs lawyers suggeseed cieer wissele blower cases en 'the 8 WM

a. June 19g3* leser to JeInison's f== dad pnvece =en===== e( me -

h.~

i

$ ' Weetor SeeWo Jr.; the NRCs'ex - seelement ofers wieliest an-ad Johnsontoptesetin awaymet' e

J becutive daector for operations, re 'p*ec*ts, say's J

• s approving th would lessen ee. chance est the. ~ "We don't went workers to go i i'trative '

same younds..

f.

-cently told smelaas' plant opersoors Nehem Litt. secreemry efisher would decade to ~ around and say s'escSeer plant has l

1:

'that. agreements restricti chief "

+m 14w judge at l.

playees from going to the bC is the labor. departasent ese.

seview the seedesment,accordag to a lot of-sedhty,vesimmens when

)

in the leser.

i

< illegal - but this ". & casse. Wluhington. J

~

Unkhe NC's psopoemt to John- : pie asen't wearing slisir safety gas-w>s(s sesBy going en is that peo.

4 only aner leoneing the Sensee was', But Departsmeset of taborSelic-i g ?, holding hearings on the issue, ae isor Jerry Horn said the law is son or the seulessenes at Comen-. gles," said the lawyer who spoke

<, cotding to.Breaux*s osioe..

che Peak, ne proposed Debst en the esadeien met. heing

}

M 'y("For the NRCto allowitsin our clear vegesding te tecseenry ofle-agr===e arlierthus yearaplicza.=="-d

^

~

e bor's stality to review timese peces. ly said he could go to 6e NRC.

Teenehs

}

r,

~i;

..opanon,~justiabsolueely ammagles ARer cases sesch the secseenry of with safety concerns, as leeg as h g(

l "We don't went to get me pub-5,(

n. theiststwee":smid Bremen.

..cBreaux, saying the NRCs sei-sion on N " labor, who meshes me snel dec;- dide t po to anybody case.-

minneerpret me seelleves dhana

./. discrimi-But te oser also said Dekore invahed,' he said.

1 L...tede toward the settlement ayee-motion conopleines, die secseemry must avoid any agency Bdt crimes 'er tese h

} stents 4 another ismame== or its asust approve ofers weility compe-with inforasseien most resist is===m.

[ e relationship with the==ca=r l

ind mies mehe toemployeesin orderto subpoenas for him to teseify'is any ' perts say estcal.Dey soy ifs saying a haak

!. %*Idd6ed..

to abolish the NRC the interest of whistle. proceeding against NU.

tworweeks ago intro-

~

robber====imsd no crune be-Horn said.

%ey Casesgno, an N1J spehen-, cause eer: was no money in the i

t =d revie= it wie = se=cy be d-ediby,s singleaadministrator. to sederseend that die wheade-n e -. _., < i. hor is at.,

f r, A men, mid te se.e.m si,geesus inv di.

{

Q edpcented by the president. A sim-blauer is in a rusher vulnershie essary petisc A=a==-e er peg.prope die restriceiens was to end unnee ~

"1hatwould be a hgieinemme and.

i

-$ iist bili passed the senese lost year, position and to preeect est wenis-core's eBegotions. Deleere had', test" sa c.

j -

bht. failed.saithe' House..'

j' *MH@NRCs behavior in se ! de bioner," Dorn said.'

.. E

.d.

lening peeper ps==d==es for piec-7these is a Inw est says yee can't

~ *-

Oj%g.,these semi =-ame agree-j bor mor, an ~ 'Stig, meicher the secsetary dio-

,===pn===d est NU mese's ad.

~ "Det in the nuclear coneemt 1

o

.. ; -._.,-.. h - : -

ju@e las paper safety tess en ciscuit gas these people" j

}

g

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.t K officialstohear '.

workers'complaiitts Northeast Utilites officials attend a with tep NU

~

to most with four wo ters at offiotals tact Ellis; Bernard

{

nammaana !! auclear power, M. Fos, chief t-who said they have been and financial fleer; intimidated and dio-John F.

esecutive ted against for complain. vice preaWent engiacering to federal regulators about and operations.

W6b ed h plant, an'd Gary a

L and chief esecutive officer, Jm asiastrusset

{

promised to schedule a there, aise said W y they t

with the workers after one pha 2 attend the meeting.

I them brought up the ambject dur.

i-lag NU's annual meeting Tess-John J. Deleere of New Haven

-who once worked for WJ. Bar.

debW W. Del Core tow Ellis L,a contracter with workers at l

ee - sise,ia-a saand au ai, sha,. howe,. and employees during the annual the meeting.

moottag that he and the others John Deseers, no relation to were mistreated after some of DonaW' Del Core, said be was j

them filed c '"r with the fired in September 1987 for rais-federalNuclearhegulatoryCom. tag safety - E;' '"

I' mision het m.

Del Core said NU has been un-man, Wbn Castagno, NU spokes-

?

. Antho y anW the most-ve to the safety com-tag had not been scheduled yet, and the harassment com,

g g, - _...

2the I

planata.

NRC that NU was ' pet followlag l

"The only way IcouW confront industry, standards for calibret-t hirn was to,pt up in front of a rmaalter that maasurestadi.

stockholders, he said Wednes*

a la the centrol room.

day.

An NRCinvesti6ation concied-

• Del Core has been an instru-ed that NU had not properly call-meet specialist at the plant for 1.

brated the maalter, but safety years.He and three otners plan to was r.at affected; M

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Pese P4 New Haven Regialer, Reprisa s:

c Chasioned een Plwe FI 7

wohl be a changs I'm sure of that," said one Millstone 2 em-y ployos. "'! hat's just the way man-i asement is," he said and pointed j

9 to Dolcore's job evalutation since f.

Dolcore openly complained to pundic agencies about alleged safe-ty problems at Millstone.

r*

"A lot of people ibel the same Q

way," the cesorter said. "Nobo-i f

dy is there to protect them.or me.

L IfI were guaranteed that I could i

L o

testify and nothing would chance ig in my job evaluation, if that could he done, then m would bly i

see a lot of people la the talk.

t

" People do fear losing their I

jobs" he said.

im Another of Delcore's co-i workers said he told a DOLinvest.

igator that he would not provide a statement - conAdential or not.

"I,, basically said, 'I don't want l

f l

i l

i 1

1 i

f t

I

.__ ___ _ _ _ _ _ __ _ _ _ _ _ _ _ _. _ _ _ _ _ _ - _____.. _,._...-.~..... __..,, _ ~ _.,.._..,...,,,_,.-, _ m.

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.c i

l Sunday, June d.1980 l

..a KU wor (ers re"use to come "orward e

l dentiality could be sasured. "My t

NU chW, whistle-bkmws to meet 8"'n g g p ;*,ha g ennuN - Northeast Utili-core and the other Millstone 2 asid.

"The impression was me ths,t,he said.,f,identiah,give ties Chairman Wiuism Blis whistle-blowen neat week. NU my con ty could has agreed to meet with the

" ~ ~ Anthony Cassegno 4

be lost, It wasn't secured Minstone 2 whistle-blowen, said.

"My hopes and aspirations to my aneinacela= "

Respondi:.s to Milbtene 2 are that I'll be able to present According to a May 1938 memo inewment specialist Donald to Mr. Ellis what has takei from DOL Empk,yment Standards Deloose's requent at NU's re-place ia my case and to antisfy Administration Administrator cent annual meeting of share-myself that he in fact knows all Paula Smith to regional oScials, holders, Ellis and senior Vice the important aspects of what compliance oScots are required to President Edmerd Mromka are my complaint is all about,"

tellinfbemants that statements can scheduled to meet with Del-amid Delcore.

be kept conAdential.

But one of Dolcore's colleagues said Rarus never told him that.

to talk to you lor fear that some-would openly testify at Delcore's "At no time did he any it could Q

where down the road l*ll lose my DOL iwaring, anotter co worter be kept con 6dential," the employ.

l said, "No, I would not. He ex ee said. "1he only option he gave l

[!ained that he had a gut feeling; I

!m job,'" the employee said. At that me was to sign a statement and

'nt, DOL Compliance Oficer fobert Rarus responded, *"It looks is job reviews would suffer, and give it back to him."

l l

.B he said others in the plant felt John Reardon, district director i

like I'm dealing with a hot pota-

.f to,*" according to the employee.

similarly.

at the Department of Labor's wage if thm's an mau climate in and hour division in Hartford, re-l h

a When asked whether he which nuclear plant employees are fused to discuss the specifics of afraid to disclose information or Deloore's complaint.

Q, testify in a whistle-blower's DOL Reardon said he was aware that tu (nee, that would be as serious a witnesses were refusing to give sta-e breach of the intent of federal pro-temeats, but that his office tectsons as the explicit hush-mon-couldn't guaranteetheir d ey ofe' rs that recently came to hght confidentiality.

1 at nuclear plants in Connecticut "We did the best we could,"'

?

t and Texas, a Senate source said. said Reardon. "We can't absolute-

')

fer to a former electrical loraman JNonheast Utilities' $15 000 of ly guaran Y

,y have poner over us, he 2

LI and another NU proposal to a 5

Millstone 2 employee are among Smith's memo to regional ofi-1 the handful of proposals that a cials said that if an em asks U.S. Senate subcomminee is in an administrative law to or-i vestigating. The subcomminee be. der that confidentiali nts be i

i l lieves the proposed agreements are identified, then the DOL will ask i

l possibly illegal because they place informants' permission to rekase I

sweeping restrictions on employ his or her name.

I ees' abihty to provide information "If they object to the disclosure about nuclear plant safety, of their statements, (DOL) will Whether Delcore's co workers' protect the statement to the maxi-fears are well founded or not, some mum extent possible under exist-i refused to talk to the DOL without ing law," Smith's memo seid.

a guarantee of confidentiality, and But the " maximum extent pos<

they said Rarus either didn't oSer sible" a to have limits.

l them confidentiality or refused to Ray 11, the DOL's opera-guarantee it, tions director of the Fair labor' According to federal regula Standards Administration in -

tions, the DOL must conduct in. Washington, said it's possible that -

vestigations "in a manner which an inforn. ant's identity could ~

protects the confiJentiality" ofin eventually be disclosed. He said fonnants who provide information administrative law judges often

~on a confidential basis, have overruled DOL attempts to The DOL didn't give mg any secure an in forma n t's confidence that they would keep confidentiality.

my ' statement conndential," one "We've been bombarded by the co worket of Delcore's <, courts," said Cordelli. "When it said.

. +~-

4.cm comes to whistle-blower confiden-

.was considering providing tiality,in that when it gets to thewe may a statenient, but that Rarus didn't mainta satisfy him either that his confi nitty gritty."

a Marked man: Waiste-bo^er inds rnany slun trouasma<er i

Qusaissed Aom Age F/

told the DOL that Cast on April.

b 17 also said to hi

"' Tim, are werd. They see what's happening taking a last around be-to me and are ahaid that me same they Are you? There is ao

&ls.g is going to happen to tem." doubt in my mind that will be

• Northeast Utilices spokesman in the neat Arw T'

i Anthony Castagno said company Aved, Northeast Utilities will sim. -

l Poi is snot to comment on ongo

. ply Are you and saydree years,'in

'See you ins L cases or personnel mat-o.urt Air the neat co ters: But he amid NU isn't treating 3,ggi,,,,,,,, gh, not the N "

.., three of whom But the still wort at Milletons, any difer. o.3,gggy,, DOL, which also denied '

s complaint, concluded ently than other employosa.

"All three men resemin em* that Oark "was not an oScial of the Arm and had no autoriy to played and am gesing good it, speak on behalf of the Arm.

views, and are good eenployas said Castagno, 3 Another Millstone 2 employ. '

et, Jim Newman, conArmed in an

^C00' ding to documents recent*

interview that, aAer a dispute with ly Aled at the.U.S. Department of

!aler's omes in Hartford Del

• a foreman, the foreman told New.

l man, "Tm going to get you the *

$tie A private investigator merk* [theE T?p" h '$"M8 I

uded.

i incident in his DOL I

Air NU's lawyers had talked to complaint.

i a

landon contractor alout "The common feeling is that Delcore. Delcom had employed the contractor to do some menod-these guys are not going to be there *-

elling work on his house.

long because they've caused a lot of trouble," Newman said of the i

The contractor, Adam i-McNiece, conArmed in.an inter

• whistle-blomers. He said the pre. '

valling attitude seems to be:

i view that a private investigstor l

had contacted him asking qu"*

"What do you do with trouble-makers? Wu rid of them."

tions of Delcore in connection Newmain ', said he's willing 5

with Delcore's case against North

• east Utilities.

to speak freely because he's a 21 voar Navy veteran and could fall

. Asked why the company hired a private detective to investigste an back on his military retirement if NU were to fire him.

employee, NU spokesman, Rich Asked about the incidents with i

Gallagher said the " inquiries" Cark and Newman, NU's Can-.

i were standard procedure for " fact

• tagno said, "All supervisors have finding" in another, stilltending been told that nothing should be '

discnmmation complaint Delcom done to infrinae on anybody's free-has at the DOL dom of spech."

, But NU's hiring private invest igators to check out employas; Because there are a lot of people

• working at Millstone, "lightheart.

pnvate lives angers Delcore and ed" remarks are sometimes made the other Millstone whistle *

"in jest," but there was "no mal-i biomeri. who said they fear they ice" in the various statements to might ulso be investigated.

Delcore or the other whistle.

"It goes to show you the kind o people we are dealing with here,,f blowers, Castagno said.

said Millstone 2 electrician Tim a Deloore's most recent Job O'Sullivan.

evaluation on March t5 critictaed s A Berlin based NU engineer, him in connection with an inci.

Dave Dark, confronted Delcore dent last year for allegedly violat-on April 19 - after the series of ing company rules on asbestos, ar'icles in the Register - in front placing "himself and a co-worker

• of others in the Unit 2 control at a needless risk of possible expo :

room, telling Delcore that he sure" to asbestos.

"could expect to be fired" in the But NU never even had a policy :

near future "and then in four or on asbestos catsies until Feb. 7 - :

five years'the company would after Delcore filed a complaint on :

probably settle with me after I was the 1988 incident with the Occupa- :

in financial ruin," Delcore's com-tional Safety and Health Adminis.

plaint said.

tration, according to Delcore's :

O'Sullivan, in a separate case, DOL complaint.

e y

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'NUchief,Millstoneworkertomeet.

Winism B. EBis, cheerneen and takeportla seen a nieetanganer the '

chief esecutive officer of North===8 employee cesoplateed abeet his Util60es, pleas ta sneet with an een-trestweest en the jee.

playeefreen Milletene H whosays he -

Donald W.DelCore told EEis that j

was harassed en the job aber coen-heand seversiotherMinetonework-piamung to federal r;;Jrxe atest ershadbeen " 7

" i=a m j

softey prettems at the sueleer pow-and discrknineted against since a erpleet.

complaint was sent to the Nuclear the meeums win he w-var in Regulatory commession aneging.

EHis' office, Anthony Costape, a that MU was not fouewsag industry NU,. '

. said Friday. Ed-standards for celehrsting a mesher

}

ward J. Mrecaka, senser vice Unet meesoures radiaties in the con-dent for seclear emergy w presi-_

^'

trol rossa.

~

5 i

ales wiH attend the meeting, Cas-A==h==q===8 NRC investigation I

tagne said.

ww sesety was not affected al-Ellis said during NU's annual though MU had not property ceE-meeting last month that he unght trated the moniser.

i 4

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1 1

Page 12 New Haven RW, Wedneedey, June 7,1989 EDITORIALS 4

THOMAS P. GEYER. CJWef Emerwerve Oficer LIONEL s. JACK 3ON Jr. Medraser WALTER J. NESTER Jr., Generaf Monsger

{

DAVID J. BUTLER. Edsor "U'"""

l CHARLES P. KOCHAKIAN. Edeensf Mer Edeer numeron=Tiwo un sousMatroverta. tinsMoto ens MICHAEL R. VANACORE. Ad*eresnug Dwersor l

l KIRK A. DAVIS, Grrudesson Deerser GERALD C RYERsON. Chef finemensf Oncer f

JOHN F. VINCENTL Moducson Dwerser l

l Millstone 2 workers should speak up 1

mation without fear of retaliation. Federal re-i lheif Silenceis 00 feaSOn 10 8"3*'i " P*'*c'5 f*'" di'c'*5"'* i"' ""*-

j believe Northeast Utilities acted tion provided to the U.S. Department of 12bor on a confidentialbasis.

1mpf0perly.

(

Further, there is no record ofextensive l

'Ibc continuing controversy at Northeast and serious safety lapses at Millstone 2.

[

l Utilitics' Millstone Unit 2 sounds more like a Northeast has many safety programs at the

[

)

labor relations problem than one of the nu-plant.

i Other plant workers have stepped for-clear plant's safety.

Co-workers who might have information ward to stress the plant's emphasis on safety

[

have refused to step forward to support claims and their confidence in working there.

that whistic blowers at the plant have been Perhaps the Department ofLabor has j

l l

harassed. lf they are deliberately withholding been inept in its investigation ofallepd har-vital information they are harming their assment against the whistic blowers.

l

'Ihe Nuclear Regulatory Commission colleagues and the public.

j But it is unfair to condemn Northeast for could take a more active role in answering the j

either its safety record or for its treatment of questions raised about the cisimed harrats-cmployees based on what has been revealed ment and concerns about the plant's safety.

so far. An absence ofevidence against North-But what is certain is that anonyscous l

cast is no reason to condemn the utility.

workers who may, or may not, have relevant j

Federal law protects the right ofnuclear information abost claimed harrassment of plant workers to provide federal agencies,like the whistle blowers are acting in no one's best l

the Nuclear Regulatory Commission,infor-interests by remainingsilent.

i I

~. - -

1

' Agency torecheck.

E,.S.agencytoinspect e

Millstone Mi11atoneplantsagain Consensed from Page El l clan at Millstone II.

[

By SANDRA CLARK O'Sullivan said the atiustone 11 a

Cearest $s#f Wreser te

( under contract.

sold about four repre}-

fue!

, which puseps water to I

A cool reacter, leaks se much WI J

Me Nuclear i-i"-y Commis-sentatives freen NRC headquarteri that the pumpcouW fau. And be amid j

sion ease agene will inspect North, and Region I besas eWr lampacties the estra overtime employees soust east Utilities' three Millstone nucle-his week.But he wouW mot anywhen work leads to dangsrous fatigue.

i er power plaats la Waterford for he inopoetion wouW be finished and NU spokossaan Anthea J Cas.

potential safety problesah.

We resulta released to the public.

anW the NRCla the j

He also declined to say what the tions before and f nesafe-De NRC said it as to alleged technical problems are or ty tiens' complanetsof four or former who repoe%d thesa I

workers. De cosaplaista deal chief.

"It would be too much of a tesepta-Responnag to me workers' alle-ly with Millstems u, where the work

• tion for someone to interfere with gations of harassment and diserieni.

J ers any the com and the NRC the laspection if they knew what we nauon, Castag said," hey are be-have downpla sty problems.

were looking at," Abraham said.

lag treated anyone eles hey

?

Donald W. Del Core Sr., instru-Besides Del Core, the other three claisa Sey are being harassed but,of meet specialist at Millstone II, said men the NRClaterviewed this week course, we disagree."

commission taspectors apent three were John J. Deleore, a forener em-He said slace the ausgations were j

days this week interviewing him, ployee of a contracter with workers first made more than a year ago,NU l twe other current osaployees and a at REtustone; Gary L. Johnson, an has not changed the hb status of the t

formereroployee of a contractor.He lastrument speciafist at Millstone II; complaimers who still work ior the i

said they discussed more than 30 and Timothy O'Suluvan, an electri-utility.

I allegations of safety violations and harassment.

Nest week,NRClaspoetors are to j

examlas the planta.

r Del Core said the commission is i

l delving deeper lato earlier com-piamis.

He ?lattrote graneant One of the complanets, made last year, was that the plant was not 9P fouewing is,dustry standards for cal-ibrating a.anoeiter.that-eneasures i

' radiation la the control room.

Other coenplalats laclude exces-alve Cl leakage fresa the reactor coolent pump motor, not followlag i

procedures to test equipment, ame not complying with an agreement to.

limit overtime work.

A previous NRCinvestigation con-l cluded that Norecast had not prop-erly caubrated the maaltor, but that aalety was not affected.

Dissatisfied with the commis-sion's finilings. Del Core said he wrote to the NRC.

"Ihavegone back to them andsaid any time something dessa't comply SECTION

.with regulations, the impilcations of safDiy are there," Del Core said.

"We were trying to show them FRIDAY that our conceras were substantiat*

JUNE 16,1939 ed," he said. "I believe this is a result I

of that."

Karl Abraham, spokesman for the NRC's Region I(the Northeast),aald the inspection is in response to'

" statements of technical problems" I

reported by employees who work at

. Please see U.S., Page Et l

J Hearings end on Millstone allegations

~

he Howard Johnson hotelin Niantic with control room monitors, the co worker was at t By VAN ALDEN FERGUSON instrument specialists Donald Del Core and instructed to conunue with the prucodure.

Gary Johnson, electrician Timothy O' Sul. The control room monitors measure the Day Staff Writer NIANTIC - Representatives from the livan, and John Deleore *m electrician who level of radiation in the control room. He Nuclear Regulatory Commission concluded wotmed with a firm contracted to do work at also filed a report about oil leaking into the j

three t'ays of closed hearings Thursday into the plant.

reactor coolant pumps and on NU's non-l a series of complaints of alleged unsafe Del Core O'Sullivan and Johnson filed compensation for employoos who work ex.

working practicos and harassment at Mill-complaints with the federal Department of censive overtime hours.

stone 11.

Labor last year alleging harassment and The NRC omelais will review the testi, discrimination by Millstone 11 ometals after Johnson complained of faulty calibration mony and also conduct an inspection of the they separately reporten what they said of metsrs, gauges and other instruments plant next week, said Anthony J. Castagno, were improper procedures and unsafe used to test equipment throughout the manager of nuclear information for North-working conditions to the NRC.

plant. O'Sullivan filed a report of malfune-Moning reactor sa systems in the control east Utilities.

Del Core filed a complaint alleging that, room and a potenti fire hasard from over-The four NRC ometals, who were not when a to worker informed his supervisor of avallible for comment Thursday night, met improper calibration tests on the plant's Hearings /S'1 Hearings From 51 loading a wall socket in the nuclear records room.

Del Core and O'Sullivan claimed to the federal Department of Labor they were subjected to unfair nega-tive evaluations, needless psycho-logical exams and were branded as troublemakers because of their ac-tions. Johnson, who withdrew his complaint with the federal labor department citing excessive legal fees and frustrations with the pro-l cess, said he was demoted and has no chance of advancement.

John Deleore of New Haven, who FRIDAY, JUNE 16,1989 is not related to Donald Del Core, charged that the contractor, W.J.

Barney Corp. of New London, fired him at NU's direction. Deleore complained that proper procedures for electrical repair and installation work were not being followed in joos outside the nuclear area of the plant. He was fired in September, one day after he brought his com-plaints to NU for the second time.

The charges of Del Core and O'Sullivan were upheld by a federal fact finder, which resulted in NU requestmg a hearing before a labor department administrative judge.

No decision has been issued be-cause the testimony recorded on-last day of the three day hearings was inadvertently erased. Delcore filed a suit against both the com-pany and the contractor.

Castagno said subsequent charges of harassment filed by Del Core were found to be unsubstantiated by the NRC. He added that the is-sues raisei.'. which NU also has in-vestigated, have no effects on nu.

clear safety,

w.

y 1

A6 The Day, New London, Conn., Saturday, June 17,1989 3RC ends phase one

~

of probe at Millstone The NRC of5ciais interviewed By VAN-ALDEN FERGUSON

.the four men Ibr three days in Day StarWriter.

Niantse.The interviews sme taped.

WATERFORD - Nuclear Rege.

latory Comenission omeials have Del Core, O'Suuivan and Johnson

- - :2;/ the Arst stage of their aDeged th2y were harassed and investigation into anegations of branded trouhl====hers ener they unsafe working practices at Min. reported to NRCeGiciais haproper stone II and will inspect the plant testing of equipuneet in the centrol next neonth.

room and malfknetsoning reactor j

The NRC wiki send another group safety systems.

of inspectors to the Millstone II They also KW.sl - improper plant in July to :... Ate the al. testing of gouges and 1machdnery

{

legations smade by Gary Johnson used to evaluate y _ ne of and Donald Del Core, instrument - equepeesd throughout the plant specialists at.he plant; Timothy John Delcore, who is not related O'Sullivan, an electrician; and John to Del Core, said he was Ared by a Delcore, an electrician who worked New London firm at NU's direction for a Northeast Utilities contractor. For complasning sho;st

• _,,.

i Robert Gallo, NRC ehief of oper-Drecedures used for electrical re-I atsons, said it was not unusual for pair and l=.e.n= ten work outsede i

the commission to send a terses of thenuclearareaofthe plant.

Inspectors to the site to investigate Del Core.O'SulHvar. and Johnson the elaa==

Aled W assinst NU with He added in this case the NRC the federal Departneent of Labor.

decided to sesed a teams because of Johnson e Aeguently withdrew his the " scope and nensber of the com. complaint NU requested a labor plaint; and al" --y* n "

departament bearing aner a federal reconaler found in favor of Det The NRC omeials were Jaegeses Durr, NRC branch chiefin the divi. Core,and OTmhven.The case is stiH sien of reactor safety: Norman Blumberg, NRC claief of w -'

FoHowing the Ju!y inspection the Guy Vissmg.NRC project manager;_ _, NRC oNicials wiB compue a report

' and Edward Fitzpatrick, an NRC with their Andings.

invesugator.

MU wHl have an _,, l_"y to respond.

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corrwete dairstocustings Pages so-as-i Lawmalers rnaf cut S&L ties to junit bonds Par = 35 l ;wd' f reater New Haen morigap, interest rates Papst 36 d

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rf4.

t Partel suspects N-workers afraid to talk

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l Yh' d,Utikties, which runs the plant. sninesses were draid oflosing'their' jobs.

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,-k8 g y Terry seeks gg w assen

% to Senate sources who asked A hemsIful of Deltore's Co.worhees told l

P -4 not to be sdentified, the subcommittee the Register earlier IIsis month est eey

~ j A Us. Senaie penei has.aeed me Nu-l

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the WRC to.

.clear Regulatory Commiseen to mvesti-based its aquest for te investigation on wouki seline m'temify for Delome h.

n i

it obtained h @ m d fear d / ' -

a % N U g is 4.dg(efgggigge gylgetlger gate whether a poll of fear may be chiGing Millstone 2.

unfounded.

the flow ofinformation about a Connects-k..CO-W Of 4 cut nuclear plant to federal regulators.

The formal request also seemmed froen

- An NRC spoiesman adnowledged re?,

f m

em em ceipt d he leser bm sdused m comment

.m,L...' MiRatOsse 2 Ihe Senate Subcommisee on N=rtem' dMinssone 2 instrumem specialim Don-further on winst action te agency would

'.71 Regulation, part of the Commisee on the ahl Delcore said they wouki refuse so tes-take. ~

ge settployee are Environment and Public. Works, wrote tify in Delcore's complemt at the U.S. De.

.De NRC already has indicated it

,1 fgggid to testifyIOr NRC Chairman lando Zech Jr. last week partsnent of Imbor, a Senate stafrer said. would look further into whistle-blower 35-

~

asking him to mvestigate charges of in-

- Federal law gives nuclear plant werhers legetsons at Millstone. Apparently at the

• p

.. IllIll 959 his iimidation ai the Milistone 2 ni.ciesr pient me right to treeir test ry at.---,

orNRC chairm n zech res,an i i

in Waterford, according to a subcommet-withom fear d retritemian by employers, earlier this venone heard dwee I

' '., ' gg tee source.

Delcore filed a cosaplaint with the 12-days of testimony front four Mh

,.,7 *,

Case.

%e subcommisee wants the NRC to bor Department shot NU was harasseng whisde blowers in a *4amtaloc-investags-a determine whether co. workers cf a min-him for going public with nuclear safety tive hearing at an East 1.ysme Howard i

• .L stone 2 employee are afraid to testify,for <=reens. An inital Imber investigation

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him in his discrimination case agssnst denied the complaint, but Delcore says his 7is m so 76er, Fig e N c

.e e suij#!!ca:.%eeuit zf:

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• w Wv hrom 31 room. He also reported some 25 gallons of oil were leaking onto the O

O reactor coolant pumps.

j Johnson complained of faulty t'

calibration of meters, guages and other lastruments used < to test Jww equipment throughout the plant.

I O'Sullivan filed a report on mal.

Johnson, an instrument cpecialist, functioning reactor safety systems

CyVAN ALDEN FERGUSON Timothy O'Sullivan, an electrician in the control room and a potential Day StaffWriter and John Delcore, a fbraer elect @d fire hasard f om overloading a wall 3

clan with an NU contractor. Donal socketin the records room.

l A U.S. Senate subcommittee has W. Del Core Sr. and John Delcore Delcore alleged that electrical taked the Nuclear Regulatory are riot related.

repair and installation work.were p"

' Commission to investigate whether NRC ofilcials spent three daya being dcne improperly in projects p. several employees at the Millstone this month interviewing the four outside= the nuclear area of the 4 U nuclear power plant were intim-men at an. East Lyme Howard plant.

Ideted kom testifying in a federal Johnson's motel and compiled a After a federal fact. finder' upheld 1: hor department investigation and 600 page transcript. The investiga-their allegations, NU requested a if Northeast Utilities offered pay-tors wiu return to the plantin July.

hearing before an administrative Efh to an employee in exchange fbr The stalkr added that the sub-law judge on the harassment com-an agreement not to press further committee also requested the NRC plaints. The three-day hearing, in 1

L with his complaints.

to ' investigate - whether alleged which the last day's tapes of the y

According to a U.S. Senate stalkr payments were ofbred to Millstone proceedings were inexplicably who dia not want to be identitled, !! employees in return for agree-erased, has not been resolved. NU l

. th3 subcommittee request was ments 'not to report any further has said the allegations raised trere p

prompted by newspaper reports problems to the NRC or testify in fbund act to affect nuclear safety at I

, that (mployees, fearing for their labor department proceedings, the plant.

. Dbs, refused to testify for instru*

The subcommittee was investi-ment specialist Donald W. Del Core gating whether similar settlements 4

l 1 Sr, in a Department of Labor in-were olkrod at the Comanche Peak Sale itenas needed vestig: tion of his eight part com-Nuclear Power Plant in Glen Rose, LEDYARD -The Ledyard High L-pliint filed in April.

Texas, the staffer said. At about the School Reunion Committee for the i

Del Core alleged he was harassed, same time, they obtained informa-Class of 1979 is looking for dona-i L. Intimidated and discriminated tion about an alleged. settlement tions for a giant yard sale to be

.against by Millstone 11 management offered to John Delcore.

conducted Saturday and Sunday at citer he reported alleged nuclear Delcore sited, alleging that he was 1553 Route 12in Gales Ferry, safety, and procedural violations at fired at NU's direction by W.J.

Proceeds kom the sale will sup.

. the plant.

Barney of Groton, e subcontractor port the next class reunion and also Tha staffer said such subcommit-at Millstone, becauso he reported will benent the local chapter of tee requests for investigations are safety concerns to Northeast Utill'

. Mothers Against Drunk Driving.

relatively rare.

ties.

j Anyone wishing to donate items NRC ofncials in King of Prussia, NU has said that Delcore was of*

should call 464-2704 before July 1.

Pc. and Rockville, Md. would only fered $15.000 to settle his lawsuit I

g,";; ::,c:'" g ' ",u ' : "u.*," M "l % 'ER CG band concert s

mtiled last week to outgoing Del Core, O'Sullivan and Johnson NEW LONDON - The U.S.

Chairman Lando Zech, but reibsed filed a complaint last year with the Coast Guard Band will perform to 41tborate on its contents. They federal labor department alleging kom 7:30 to 9 p.m. Tuesday under

-~ dded that any response would be that they were harrassed after thcy,

the tent at Ocean Beach Park.

a midt first to subcommittee mem-went to the NRC with their con-The audience is invited to bring

.bers.,

plaints about plant operations.

folding chalts to watch the Ree-The staffer said Zech will be re. Johnson subsequently withdtew h!s performance.

Inced by Admiral Kenneth Carr, complaint.

There is no admissio,n charge to who is in the third year of a five.

Del Core alleged that improper the park after 6 p.m.. Parking after j

calibration procedures were used to 6 p.m. costs $2 pqr car, ystr term.

test the monitors in tne control s

Th3 request from the subcom-l mittee comes after the first phase of room. Such. monitors measure the cn NRC investigation into safety, level of radiation in the contro1 lasses raised by, Del Core, Gary NRC/B5

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1 l

3

4 1

1 l

i 1

The Day. New london. Conn.. Thursdcy, July 6,1989 Ol. :

Millstone probe to start Monday By VAlsALDEN FERGUSON month after NRC ' omcials spent them to send an igh team to The more than 40 allegations by three days interviewing Donald Del - the plaat.

the Millstone II

.,a include I

Day StaffWriter Core Sr. and Gary Johnson,who are Durr said the NRC win compile a that the plant improperly caH-i WATERFORD - Nuclear Regu-Millstone II instrument C "., seport based on the team's Andings. brated radiation neonitors in the latory Commission omelais, re. and Tienothy O'Sunivan, an elec-Ifit Ands serious

• i"M. actions control room, *.

J, tested sponding to allegations raised by trician. John Deleore, formerly an include warnings, suspensson or meters, guages and other lastru-employees at Millstone II, will electrician with a Arm contracted revocation of NU's license or civil ments used to check equipment conduct an Inspection of the power by Northeast Utilities, was also in-penalties. He added next week's throughout the plant, and that re-i plant starting Monday.

terviewed. Donald Del Core and inspection will cover only the tech- - actor safety systeens in the control John Delcore are notrelated.

nical aspects of plant operations. roomt malfbactioned.

Jacque P. Durr, NRC chief of en-N titree MWstone II employees The silegations of harassement wiH Delcore, an electrician wie W.J.

}

gineering for Region 1 who is lead-have alleged that they were ha-be referred to the NRC Omce of Barney, alleged that electrocal re-i ing the seven inspectors, said they rassed amidiscriminated against by Investigations.

pair and instaBauen work was not plan to spend two weeks at the Millstone II management after ther Anthony J. Castagno, NU's man-done %.', k @ outside plant to determine whether the mPorted aHeged impuper testing 'ager of nuclear informistion, said of Hee nuclear area of the plant.

[

employees' claims are substantive the inspection, "We are happy it's but that they will take snore time if of e9ui ment, potenHally unsafe Delcore sued both NU and the P

conditions, and violations of proce-taking place. It will help put aH the i

i dures to the NRC last year. They (allegations) to rest." He added this contractor last year, claeming he necessary.

Durr said,the team w.ll consist of added that when they.., M will be the Arst *- _ L, at the.was unjusHy Sred aAer reportang l

i l

specialists in instmmentaHon.

• these conditions to Millstone H entire Millstone Point Nuclear what he Umught wem safety prob-M actor engineering, radiation pro-management, they were branded Power Station resulting flront alle-i tection, mechanics and electrier.1 troublemakers.

ganons m ania by He The three Minstone eenployees systems.

NRC omelais said the nunnber cited the good ratings and operat. Aled a complaint with the U.S. De-The inspection comes nearly a and scope of allegations initially led ing record of Northeast Utilities.

partment of Labor last year.

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NU claims worker's complaint was filed too late'

~

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By VAN-ALDEN FERGUSON plaint filed by a former electrician of an missal was discrismanatory because it.

Day Staff Writer NU contractor was Gled aner the 3041ay stipulated he could no longer work for ei-deadline.

~

ther NU or Barney and be had to agree l

Waterford-A federal labor depart-John Delcore, who was Ared from his P" *"#

g, i i

brief Aled by ment hearing on allegations of discrimi-job at WJ. Rarney m, September 1967*

Delcore's attorney also said he M not naten against Northeast Utilitics opened has said an NU olTer of $15,000 for drop-Tuesday with NU claiming that the com-ping his lawsuit claiming wrongful dis-.

Src IATEpiqre B3 i

Late

" voluntarily appear before or con-torney, said "a settlement agree-because it was Gled after a 3041ay tact any administrative agency, ment with these conditions is in ef- - statute oflimitations expired.

administrative or judicial tribunal feet - a discriminatory practice The company sent its proposed

... in which Barney or (Connect. against Mr.Delcore."

icut Light and Power) or any re-settlement to Delcore in February, lated company is a party."

Annore told Admi-dstrative Law Richters said, adding "the earliest Judge George Pserce that his client possible date the complaint was i

Furthermore the settlement is seeking a determination that the Gled was May II.1989."

"shall not be considered as an ad.

proposed setdement was discrim.

"The very latest date that viola-

{

mission of... liability or wrong-inatory.

tion could have run to was March doing" NU counsel Edward M. Richters 28 (M tht agreemert was &

Delcore sued both NU and WJ.

would not conunent on thespecifics RNpf Barney last year, alleging he was of the case but said "CL& P never

" Q Q Q y,a(

t we Hred for stopping crews fIroen cut-descriminated against anyos.e. The -

g ting holes in the Millstone II main-settleenent agreement itself pro-tenance shop while he processee vides that Mr. Delcore could go to which wr the necessary paperwork, ensured the NRC with safety concerns. Set-tervrinated until April 27**

the wires in the walls were not hve ticament discussions are a normal

%y ggg and informed the control roosn part of any litigation."

• s pu a j

personnel of the work.

ld t and subm i Richters claimed that the dis-it by Sept. 8.

Frederick Amore, Delcore's et-crimination complaint was invalid l

4 I

t

i TUESBAY. JULY 11 1989 PAGE 0

.f More news from lf around the region l

Pages 6,11-15, 35 lMRC deploys team to probe M' stone:

ly Terry Sacks

' ated by Northeast Utilities of Ber-ployees of Northeast Utilities, oflthis type in the region oc-Rot,a personal leuer from Zec,

, mown sen lin, Conn. -

which runs the plant, Durr said. curred a few years ago at the trou-saying that Victor Stello, th '

l WATERFORD -Spurred by al-Jacque Durr, the NRC's region.

Northeast Utilities wdl foot the -bled Seabrook nuclear plant in NRC's top executive, was i >

4

gations of a tax attitude toward al chief of engineering, wdl lead bill According to federal law, nu-New Hampshire. "It's fairly rare ~ charge of Delcore's concerns. De sfety s.nd harassment of employ-the team. He said the volume of clear plants must pay for such spe-Durr said. "We normally don't go core said he's had at least tw a

into this level of detail" phone conversations with Stello i 1 es at the Millstone 2 nuclear pow-allegations by whistle-blowers cual investigations, at a rate of$g6 the past week. - -

i r plant, s::ven Nuclear Regulatory prompted the on-site inquiry. "Ihe. an hour for each NRC An NRC spokesman at regional "He's mI ki.nd of "Y'a~

! 'ommission officials arrived here regulatory commission's Allega. investigator.

headquarters refused to say what '

8 e

.He does sa i fonday to launch a special tions Review Panel approved the "We're happy to have it happen prompted the commission to initi-i ivestigation.

investigation about a month ago at ifit will help bring a resolution to ate in-depth interviews of four ~to la e any statie w excuses.

The visit follows three days of his recommendation.

these allegations" said Northeast whistle-blow rs. But the whistle-

"Ihe whistle-blowers

• allegatior.

i' of pnon of whistle-blowers an safety at the plant, ar i osed-door testimony before NRC Seven NRC technical specialists spokesman Anthony Castagno.

blowers said NRC oficials told fficit.ls las't month during which from regional headquarters in Castagno said this will be the them their recent letters to former tam 3

I.ur wnistle-Uowers made allega-King of Prussia, Pa., and from first such investigation at the Mill. NRC Chairman I2ndo Zech'Jr. la y oversight by the NRC wes j l ons s. bout safety lapses and in-NRC headquarters in Washington stone complex of three nuclear got the ball rolling.

{ 5 Idects ofa orarticles :

! medation of employees.

will spend at least two weeks in-plants.

One of the employees, instsu-l 'the phnt is owned and oper-specting recards and talking to em-Durr said the last investigation ment specialist Donald Delcore.

Turn to NRC P$ge e l Page 6 New Haven Register, Tuesday, July 11, 1989 I

L NRC: Agency sends 7 to state for on-site inspection Continued from Erge 3 Durr's team will focus on tech. for the investigation.

Both the NRC and Northeast nical safety concerns. Durr said the "We have supplied them with i

Utilities have said the whistle-NRC has yet to decide how to han. a,n enwmpus amount ofinforma-tion, said O'Sulli blowers

• allegations were unfound. die the whistle-blowers' claims that don't expect any ma, van. "But I don't think the NRC{or changes. I -

ed and that no safety probierr. Northeast has retaliated against i

is willing to exitss.

them for going public with their But Durr said friday the agency safety concerns.

stick its neck out to chastise the put the,, nuclear in-H an n

is interested in what he called Millstone employees said the d I

"new" allegations, which NRC in-company spent Friday cicaning up spectors who work full time at the power plant to make it look Durr said the NRC team will l

Millstone haven't yet addressed in good for the NRC inspection. write a report that could lead to a routine inspection reports.

"This has obviously caused a stir,"

fine, and at worst, suspending or j

"There is sufficient information said cicctrician 'Um O'Sullivan, revoking the company's license to 5

in the testimony to indicate there also a whistle-blower.

operate the plant.

is cause for concern," Durr said.

"All we know is what the al-

"But that information may not be But the whistic. blowers said legers have given us," Durr said.

l l

fully developed."

they didn't have great expectations "We haven't chosen up sides yet."

Critics doubt XRC will charge NU

~

ie,anons of sareiy and he e. filed at least 70 al-The three employees hav control room was not properly grounded, said, Inspection team halfway

.ianoons aw in -

r convince o,at whoe aey (NRCI have o,e ability to enforce they have not had the will to operative equipment with NU and the NRC, through Millstone inquiry reguiate or bang o,e com,any a issh ror

- They said o,ey went to a. NRC oniy aRee the cedural violations as well as safety violations."

company ignored their claims.-

l' By VAN-ALDEN FERGUSON William Raymond, the NRC resident inspector Another whisoeblower, John Delcore, an at Millstone II, said the current inspection was electrician who formeriv worked with an NU Day StaffWriter initiated because "there were other issues the contractor, WJ. Barney, has seed both his WATERFORD - The Nuclear Regulatory allegers had given to the NRC that had yet to be former employer and the utility.

3 Commhaion's inspation team has completed the looked into tbsa.dJy."

Delcore, who is not relatd to Del Core, claims first week of a two week investigation into alle.

Anthony Castagno, manager of soclear infor-he was Ared aner he stopped work on a project l

j gations of faulty equipment and improper test mation for NU, said,"Every allegation we know in a non-nuclear area in order to obtain the ing procedures at Millstone II, but the whistle about,we have Icoked into and fbund no safety proper work orders, ensure the circuit breakers

i blowers who made the initial claims doubt any-violations" were off and inform the control room of the job..

il He also dismissed claims by the employees The whist'

~

thing substantive will come ihnn the inspection.

• In general I don't have a real good feeling that they have been harassed by management' congressenen.a*-.; have written 1etters -to

, senators and former NRC chair-tht the NRC is going to do much," said Donald for telling NRC officials about their concerns.

- man Lando Zech about their charges. They also i

1 Del Core, an insirument specialist who charged "Their job classincations have not been have met with NU board chairman William Ellis i

last year the. company had conducted improper changed, they have been receiving raises com-to discuss their charges. Delcore was excluded teFs on radiation monitors in the control room. parable to anyone else" Castagno said. "There fhnn the meeting because of his pending litiga-

"I had fairly legitimate concerns, but I am really is nothing to back up their claims," of harass-tion.

dismayed by the actions of the NRC."

ment.

4 U.S. Senate subcommittee has reques;ed 4

j r NRC officials have said in letters and in inter-Del Core, O'Sullivan and Gary Johnson, an in-tisat the NRC also investigate charges that en-views their reviews of the initial charges found strument specialist who complamed that guages py,y,,,. fearing for their jobs, refhsed to testify no significant nuclear safety violations. Del Core used to test safety systems throughout the plant for Del Core aner he Aled a second complaint said he thought the NRC investigations were not were improperly calibrated, said they received with the federal labor department allegir.: ha-thorough.

unfair evaluations, placed in jobs with less & rassment by Millstone management. The labor TI nothy O'Sullivan, an electrician who sponsibility and were called troublemakers by charged the reactor protection system in the their superiors.

Millslone/E7 i

i Millstone I

i From E1 department festd the charges to be unrM*ntiated. The NRC, which has not yet sw.'s" to the sub-i committee, also was asked m inves-i FRIDAY, JtilY 14,1989 tagate reports that Delcore was of-I Tered $15,000 to setoe his case in return for not making any fhrther g

complaints to the NRC.

1h eral factfinder upheld the charges Last year, Del Core and 0 sul-T livan Aled harassment charges against NU with the federal De.

partment of Labor last year. A fed-

'~

and NU subsequently requested an administrative hearing.

l The headng has not been re-solved because the third day of tes-timony was inadvertently erased. A new hearing is arheduled for July 27 to recreate the last day's testi-mony.

~

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.y Waterford/ East Lyme-u, s.~. ~ n.c_.,,*

• ni-Inspectors ~to review findings with R By VAN-ALDEN FERGUSON stitute violations. "We have not 1 ignoring ofestablished,waci.w Day StaffWriter categorised anything specifically, to calibrate control room radiation but we have concerns that are in the monitors, improperly testing WATERFORD - Nuclear Regu. nuclear safety area that we feel equepenent used to check the safety latory Coenmission ir.spectors, who warrant the licensees attention and systems and disregarding reports of have spent two weeks investigating possible addressing " he said.

a malfhnetion in a system that shots allegations ofsafety and procedural The NRC routinely reviews its down the plant in an emergency.

I violations at Millstone II, will re. prelisainary Endings with utility of-The NRC had determined that view their preliminary findings with Scials following any inspection even the initial allegations, which were Northeast Utilities officials today.

If no safety violations are found, Aled with Millstone II management i

i Jacque Durr, NRC in,;;thm Durr said.

last year, did not compromise the team leader, said he aer:t his group The team will return to its re-safety of the plant. The current in-of seven specialists will point out gional headquarters in King of. spection arose frosn the continued i

areas relating to nuclear safety that Pr===la Pa., to compile a report allegations froen Del Core and i

NU should correct. He declined to within 80 days, Durr said.

O'Sullivan.

i be more specific or indicate The inspection arises firoen alle-John Delcore, who is not related l

whether the corrections needed gations made by three Millstone II to Del Core, is an electrician who were serious,because their findings employees and a former

. bec formerly worked for W.J. Barney are only prehmmary.

of an NU contrator of lax safety Corp. Deleore, who is suing NU, l

"It's a little early to characterize procedures and improper testing of claims he was Gred for stopping the severity or the significance" of equipment.

crews fkosa cutting holes for win-l the areas to be corrected,Durr said.

Donald Del Core Sr. and Gary dows in the Milstone 11 mainte-adding he wanted NU to receive the Johnson, instrument specialists, nonce shop while he processed information Arst.

and Timothy O'Sullivan, an elec-needed. _. mi, checked to see He said the NRC has cet yet de-trician, have filed at least 70 com- - the wires weren't live and informed termined whether these areas con-plaints against Millstone II alleging the control roose of the work.

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Xuclear agency tskes new look at - illstone complaintsi ;

M B'y SANDRA CLARK

. Thecommissionconfirmed thein-Employebs also complained that tinat seven inspectors. from th'el !

. Courant Staff Writer.

vestigation was completed, but' excess oilwasleaking from the reac-NRC's Region 1 headquarters in'. l wouild not provide details of its tor's coolant pump. mo*or, which King of Prussia, Pa.,'and from na; j The Nuclear Regulatory Commis-scope or findings.-

could cause pump failure, and that tional headquhrters in Washington, '

sion Friday completed a second in-Donald W. Del Core Sr., an instru-the company had disregarded an D.C., looked into "v hatever the allef,

vestigation of employee complaints ment specialist at Millstone.2 and overtime agreement, allowir.g some' gations involved."

7:

tbout potential safety problems at one of the employees who ecm-employees to work while dangerous-Castagno,the NU spokesman,said, l the Mdistone nuclear power plants plained, said the inspection delved - ly fatigued.

the utility is confident the inspection '

in Wtterford, but the commission deeper into previous complaints.

Karl Abraham, spokesman for the has uncovered no major problems;'. :

will not release its findmgs for about Oneof thecomplaintswasthatthe NRC, declined to give details about '. but the company will use the find. !

30 days.

' plant was not calibrating a monitor the inspection. He would only say

' gs to improve plant operations.

3 in Theinspection of the three North-that measures radiation in the con '

east Utilities plants was ccaducted trot room. Afterits initialinspection, after repeated complaints by four the commission said that did not w

current or former employees af pose a safety hazard.

Mdistone 2 who allege that the plant -

DelCoresaid the NRC considered has potential safety problems and more than 120 allegations.- Among

~

that NU and the NRC have down-them, he said, is a malfunctioning played those problems in the past.-

radiation monitor, which is supposed

' AninitialNRCinvestigationof the to detect radioactivity in the water

. complaints ~last year concluded ~ system.

there were no dangers. But the com-

"That's something we're' aware mission agreed to return after the of,"'said' Anthony J. Castagno, a employees repeatedly requested a spokesman for-NU. "We already more detailed probe.

have corrective actions under way."

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substantiate about 44 others. A-mne allegations were partly prc en, Durr confirmed.

Durr also said the team did:

look into 19 other allegation; 11

• • were beyond the character of team." He Ns", N, refused to el ou$ aNnt th t P_ age 10 New Haven Register, E i ? 's h e;.

3E NRC ver'fies.

i mmstone:

g s

said$Wern'u= '

48 Prob ems

.\\3C says cata

- se t~.-

Qurr said the purpose of F are. pre iminary day s meeting was to tell the cor a

st Mi stone

, said Jacque Durr, chief of wram

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. tions of NU's license to operate a n.

By Tcrry Sacks f

engineering at NRC regional head.

clear plant. That lets the compar

- nes'ric cieet i

quarters, who headed the fix problems without waiting fi WATERFORD - Federal investigators have 1

investigation, the,, RC's final report, 8

"We've turned over til the haven't really come to substantiated nearlf alf of about 100 allega.

h

. tions cf questionab e safety practices raised by i

rocks," Durr said from his office in bon m tine, not until(NRC) mar whistle blowers at the Millstone 2 nuclear plant, l

King of Prussia, Pa., where the the nf rmation.* Durr said,

Utik cfficials confirmed Tuesday.

,r agency is preparing a final report.

ne recappm The Nuclear Regulatory Commission re.'.W,

lt will be released in 45 to 60 days.

th' "M

Althou h Durr did not volun.

- vi:wed about a dozen issuet, Friday with North. i f y.

teer specifes about the number of,

b the Register, said the NRC's It:

f Possgble violations included c:st Utilities, which. operates Millstone, said s H

?

, allegations substantiated, he con.

Anth::ny Castagno, an NU spokesman. The NRO suggested that the dozen items individual.

firmed information obtained by 5 Equipment blueprints thr.

ly created no immediate hazard, he confirmed.

. the Register from employees and

may not match the actual phys But the NRC has yet to draw conclusions figures.from Northeast Utilities' layut so that plant techmciar l

about the problems' collective effect on nuclear

, internal documents about the in.

'doni always know exactly whc spection.

they're working on. Problems lik safety.*.-

i Seven NRC specialists in various fields com.

'The NRC looked into about this could lead to accidenta pleted a special two. week investigation of the, 100 issues and preliminarily sub-

" trips"- or sudden shutdowns c Millstone plaat Friday. '

stantiated about 48, Durr con.

the plant.

The investigation came after three Millstone

't firmed. Agency specialists failed to E Company failure to contrc empl:yees and one former electrician for a con.

il Qssi overtime, which th tractor at the plant alleged that widespread vio.-

is to prevent mistakes or q

8 lations of procedures created potentially serious I$Those

= ear sarety sysams.

safety problems. The company has repeatedly.

E Procedural inadequacies it denied the allegations.

numbers are the in the meeting with utility officials, NRC.

acu,recent removal of highly radio gyh ect to ve instruments, called ICis ihspectors described several potential viola.

I from the Unit 2 nuc Turn to Millstone, Page 10 change. }y

,, e othe,r procego,, y;,,,,,,n o

meluding incorrect adjustment o

._..s...,_....~.l Jacque Durr pressure gauges, which ensure tha

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NRC engineer safety systems related to pressuri icvels turn on when needed;incor rect, adjustment of a device tha.

momtors radiation in the contro room; and improper testing o!

horns that warn workers of higt.

.radiat, ion levels.

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'M REGION

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NRC substantiates complaints at Millstone; i

l Ify VAN.ALDEN FERGUSON say what those areas were.

olations. We suspect there are some, but sion, said team -- " ;., speciaHets in D;y StaffWriter "The only thing we told the company is we have not formally determined that "

technical aspects of nuclear plants, are i

we identified issues that fall within the Durr said, "It's all still very prelimi-reviewing the data collected during their ~

Wcterford - Preliminary results from the NRC regulatory purview ' and we nary, these ' numbers are going to two-week visit to Millstone and will de-i j

a Nuclear Regulatory Commission inves-found things that warrant the licensees change," when the final report is issued cide within two weeks whether they will.

tigitson of 120 allegations made by Mill-attention and concrete action," Durr said within 80 days. Durr, who is also the NRC l

stone II employees indicate that 48 were "We have not determined if there are vi-chief engineer in the reactor safety divi-N substantiated, commission oflicials con-1 firmed Tuesday, i

Jacque Durr, leader rf the seven-i i

member inspection team, would not say 1

which of the allegations made by Donald i

Del Core and Gary Johnson, instrument j

specialists, and Timothy O'Sullivan, an

! l electrician,were found to be true.

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'During an exit interview last Friday.

i NRC officials pointed out what Durr said were areas relating to nuclear safety that i

i NU should correct. But Durr would not 35.5 SidijgSge =v,.s j5]j Mjm4 Jgj]!.Q.. o]e!q e as,,_yg.ig a a, jijg jga]q)),),

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s 3RC finds faults at Millstone

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Inspectors substantiale workers' safety complaints By CLAIRE BESSETTE bility."

limits overtime as part of its safety Norwich Bu#etin Northeast Utilities, which oper-f,uidelines.

and nire reports ates Millstone, was not surprised the neinvestigation came after three NRC found some procedures needed Millstone employees and one former WATERFORD - Nuclear Regula-to' be revised or tightened, said electrician for a plant contractor tory Commission investigators have company spokesman Anthony Cas-. alleged that widespread violations found evidence supporting 48 of the tagno.

created the potential for safety 120 safety complaints fikd by work-The NRC team met with NU problems.

ers at the MillstoneII powerplant.

officials Friday to discuss 12 poten-Castagno said Northeast Utilities None of the items are considered tial violations, said Jacque Durr, has already moved to correct some major safety hazards that need im-head of the inspection team. Durr is of the deficiencies, such as occasion-mediate attention, an NRC spokes-chief of engineering at NRC's re.

al malfunctions of a radiation moni-man said.

gional headquartersin King of Prus-tor. Back-up monitors were installed NRC spokesman Karl Abraham sia, Pa.

and the equipenent is being rede-said the findings are preliminary Durr said no conclusions have signed, he said.

4 and that the final report, expected been drawn about overall plant safe-DelCore said NU began correctmg in about 60 days, could be much ty.

the 10-year-old problem only after different. The findings are the result "We haven't come to a bottom his repeated complaints. DelCore of a two-week on-site investigation line-not until (NRC) management said the company knew it would be by a seven-member NRC team.

gets a chance to review the informa-among his NRG complaints, so it The team discounted 44 ef the tion," he said.

was addressed prior to the NRC allegations of questionable safety DelCore acknowledged none of the investigation.

practices, partially substantiated items involved immediate safety Johnson said in general, theissues nine claims and said 19 were beyond threats, but said failure to follow dealing with procedstal violations the team's jurisdiction. Rose will proper procedures could eventually and harassment of the employees be addressed by other NRC officials lead to a serious safety threat.

who filed the complaints are the later.

The alleged deficiencies inckxle:

most serious claims. Harassment, Gary Johnson and Donald Del-U Incorrect adjustment of a de. he said, can discourage employees i

Core, instrument specialists who vice monitoring radiation in the from reportmg violations. While the-were among several employees fil-control room.

technical team may not handle ing the complaints, said they were U Improper testing of horns that those claims, he is ho pleased with the p 'iminary re-warn workers of high radiation lev-up will address them. ping a follow-suits.

els.

"He biggest thing in general are "Some are very ha d to substant'-

O Discrepencies between equip-the prauhal non-compliance is-r ate," Johnson said. "I can't expect ment blueprints and actual plant sues," Johnson said/ " Procedures them all to be. But enough have layoul are what protect the employees and been substantiated to give us credi-U Excessivp overtune. The NRC the public from human error."

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'h 3eabrookfires mM&A &q 71ce' president aftsrshutdown Y Associated Press SEABROOK.N.H. - A vice prest.'

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' lent at the Seabrook nuclear plant was fired after the plant wes shut

' lown after problems in the control foom during a low power test.

George Thomrs. a vice president Jn charge cf nuclear production at

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he, $6 billion reactor, was fired L l'hursday because of " inappropriate nanagement actions"after the June 22 shutd;wn. plant spokesman Ron Another.21reci whistme-osower sher said Friday.

ewhAnl#eTr"Re##$c"',$ g

.You would think a better fate than being tors apparently do not concur with M Company officials and Pentagon aud 5he s i

e But Sher said Thomas was in the contr:1 room as an observer at the fired would have befallen David.Sweeney, Sweeney's judgment on the propeller time of the shutdown, and that the who until Nov. 8 was a line controf inspector But'they admit that quality control pro

• ' " *

• t'r the s u d:N n at the Windsor Locks plant of Hamilton Stan. dures were tightened as a direct fore Shersaiditwas too eariy to specu, dard Co., a defense contractor, complaints. One of two co workers w{

p late whether they would fire other In November 1987, Mr. Sweeney refused agreed with the fired in'sp to approve a part for a propeller. He said it rant that the company "didn't wa

• • Pj,'yyciear Regulator c

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_ston, the state attorney a neEnddidn't match the blueprint, and that in flight check much because we found things th the plant are investigating how con.

problems conceivably could occur. But his were wrong, and th ol joom personnel reacted when judgment was disregarded, and records show Mr. Sweeney said a fore

, thaf f rce the shu owIafte that supervisors found another inspector to. should keep my mouth shut if I w n

Mr. Sweeney's firing s days of testing.

keep my job."

approve it.Mr. Sweeney continued to complain d**fd Br *n. president of New

..H'*#* '. has aEk'nhledfed7h about the.part and he also questioned the signal that is all too common E

the p1 ant control room operators di not fol.

company's quality control procedures. After boat. Even though his comp 1:w proper procedures when the a year during which he said his concerns were changes that should

• i the non nu-clear $Ide [tNe lant's have said it ignored, Mr. Sweeney took his complaints to to mention the government, Pentagon officials stationed at the plant. A as a liability. In the long run, tha Commission o icial took inspectors five minutes and dis.

week later he was fired by Hamilton Stan-could destroy American competitivene j

NnvinceNemtosUutYoYvnthereae.

.. dard for alleged insubordination.

-tor.

• "Th: mas was the fourth. highest Jpaid executive at Public Service as i

of Dec. 31.1988 with a salary of

. $127,403. He reported.to Brown and f

was responsible for all phases of t

, plant-operation and support services, Sher said, g

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g Missing testimon,y in NU case:is re-enacted b :

By VAN.'ALDEN FERGUSON acting on an appeal from NU law-Nuclear Regulatory Commission couraged Ross to socialize with Del yers, ruled he only would consider and that he never. branded the. Core and O'Sullivan and informed j

Day StaffWriter evidence relating to events that complainants as troublemakers.

Ross's supervisor that his treat-ceu w in ays ome July

. Keenan reiterated that he en-ment should not be governed, by 1

A federal judgc~re-enacted the third day of a hearing Thursday on complaint the two employees charges,illstone two M II employees

• Th'e only issue within the 30 days

,of harassment and d,,s-i was a June 20 conversation be-b i s tween Unit II Superintendent John

- THE DAY, FRIDAY, JULY 28,1989 M SS l nts the o

scribed as a " sham "..

Keenan and electrician Anthony Ross in which the complainants al-l The tapes of the original hearing

• lege Ross was told he should not!

held last Nov. 9, were inadvert-associate with them. The com -

who his friends are.

come to the court ami testify. NU ently crased. Millstone employces plainants said the conversation

. Ross had testified in Novemimr attorney Richard Walker said the Donald Del Core, an, instrument' w th Ross was only one incident in that even though Keenan told him - company was willing to compel specialistiand electrician Timothy O'Sullivan filed a motion request-a campaign of harassment against he should associate with the ccm.

Ross to come to court but Shatz them.

plainants, the underlying message demurred and read his notes on ing that the i

Apex.Recordm, recording company,"By not even " ruling on our re-was that his problems with his su-Ross's testimony ir,to the record.

g of Boston, pay their regal fees. The two men came quest for compensation for an at-pervisor arose from his frienship NU olTicials claim that no em-to tife hearing torney the judge has prevented us with them. Itoss declined a tele-ployce has been harassed for going j

New London w,at the post office in from cross-examining and im-phone call request from Shatz to to the NRC.

ithout a lawyer.

peaching the testimony of Mr.

~

l Del Core and O'Sullivan, claim-Keenan," O'Sullivan said. " lie's l

ing that the presiding judge trampled on our rights and turned Chester Shatz, was biased toward the whole courtroom into a sham."

NU, also asked the judge to dis-The re-enactment consisted of qualify himself from the case. Nei-Keenan repeating his testimony ther motion was granted-tiiat he never discouraged Ross In the November hearing, Shat *, from reporting his concerns to the Safety probe at Millstone plant turns up possible violatior a Associated Press ates Millstone, said if was not 'sur-Castagno said Wednesday.

trol room and improper testing of prised by the preliminary findings of horns that warn workers of high ra-U A

WATERFORD - A two-week in-a smn-memk team Imn W h h,

' diah M to a fake to contal g

p,

'"'I" "'U"**

vestigation of safety complaints at clear Regulatory Commission.

last Friday, tentatively substantiat--

1 the Millstone nuclear power plant

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[,

ing a'out half of about 100 allega-The NRC willissue a report on its -

c turned up nearly 50 possible proce-i dural violations and other deficien-theNRCwould find thatcertainpro-tions of queshonable safety prac- - findingsin 45 to 60 days.

edum ddd to be revisd or lices made by several, plant The investigation came after.

emP oyees, NRC Mficials said.

l e

their ov 11 Ife t tightened, said Anthony Castagno,

- three Millstone +--- Ag,., alleged P ant Operations, officials said-an NU spokesman..

from incorrect adjustment of a de-deres created potentially serious l

The alleged deficiencies ranged that widespread violations of proce-

"We expected they would come up -

3 Northeast Utilities, which oper-with something that had to be done," vice monitoring radiation in the con-safety problems.

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g 1 OTA 3 INii Corporate Communications 7

INCORRECT STORIES ON NRC INSPECTION.

f There -have been several incorrect news stories in the past few days regarding the recent NRC inspection at Millstone.

The inspection took place from July 10 through 21 during which time the NRC investigated approximately 120 allegations made by three Millstone employees.

The two-week intensive NRC inspection confirmed the facts associated with 48 out of these' allegations.

The NRC is

- presently reviewing each of the 48 confirmed allegations to determine if there were any violations of NRC regulations or if any of the allegations have any safety significance for the plant.

incorrectly, that an " allegation" The media reports assume, means that a problem has been uncovered, that a violation' has occurred, or that a significant safety concern has been identified.

Other than confirmation, the NRC has not yet made any determination that any of the allegations represent i

An NRC a violation of regulation or any safety significance.

report on their findings is scheduled to be released within 45 to 60 days.

At a meeting between NU-and the NRC on Friday, the NRC did l

not discuss any of the allegations, but brought to the a dozen items that the NRC felt the company's attention aboutaction on based upon their two-week company should take inspection.

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7/27/89 R:

8/03/89 acumi new io.or

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SETTLEMENT AGREEMENT This Agreement is made by and between John De1 Core ("Mr.

Sclomon & Swaine-D11 Core")',:the Law Firm of Pittman, Sheehan,

- (tha " Law Firm"), The' Connecticut Light'& Power Company ("CL&P"),

'Ond the W.J. Barney. Corporation ("Barney"), hereinafter collectively referred to as the Parties.

The purpose of this is to resolve any and all disputes between Mr. DelCore, Agreement and Barney that in any way relate-to or arise out of, or CL&P, r

related to or arisen out of, Mr. DelCore's employment could have iby Barney at the Millstone Nuclear Power 'Jation (" Millstone h

Station"); the termination of that employment; any statements r

made about said employment or the termination thereof; the prosecution or defense of any claims arising out of or relating

'to.Mr. DelCore's employment by Barney at the Millstone Station, the termination of that employment, or statements made about said employment or the termination thereof; and/or any act or omission relating to the negotiation and implementation of this Agreement;,

by the execution of this Agreement and by the performance of its L

terms, the Parties, and the representatives of each of them,

~'

r intend and commit to put these and any other potential disputes to rest, individually and collectively, for all time.

Mr. DelCore commenced, on or about September 30,

WHEREAS, an action against CL&P and Barney in the Superior Court of

1988, I

m.

b, ' al s

s STRICTLY CONFIDENTIAL Connecticut at New London alleging various violations of law, including wrongful termination, which action was removed by CL&P and Barney to the United States District Court for the District of Connecticut on or about November 1, 1988 (No. H88-752 (AHN,)

(the " Action"); and WHEREAS, Mr. DelCore has decided not to pursue further the aforementioned Action, and in furtherance of that decision has I

moved in the United States District Court for dismissal of the

'n Action, with prejudice; and WHEREAS, the complaint in the Action has been voluntarily dismissed; and WHEREAS, the Parties are desirous of forever ending all 3

1 present litigation between them, and averting the possibility of l

i any future litigation, in any way relating to or arising out of I

l Mr. DelCore's employment by Barney at the Millstone Station; the i

termination of that employment; statements made about said l

employment or the termination thereof; the prosecution or defense of any claims arising out of or relating to Mr. DelCore's l

employment at the Millstone Station, the termination of that l

l l

employment, or statements made about said employment or the termination thereof; and/or any acts or omissions relating to the negotiation and implementation of this Agreement; and l

WHEREAS, Mr. De1 Core has been and continues to be L

represented for purpos'es of negotiation, finalization, and 1

implementation of this Agreement by the Law Firm, and in the interest of helping Mr. DelCore to realize his objective of p

expeditiously concluding the litigation in which he is now or 4 L i

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STRICTLY CONTIDENTIAL i

'mihhtbecome involved, the Law rirm is prepared to undertake j

rosponsibility'in.certain respects for'the performance of obligations'owing to CL&P, Barney, and others under the terms of

'this Agreement; '

NOW, THEREFORE, in consideration of the mutual promises set forth below, the'. Parties agree as follows:

4 i

'o 1)

This Agreement does not amount to and shall not'be q

construed as an admission of, and shall not be admissible

'in evidence to show, liability or wrongdoing of any kind on the part of CL&P, Barney, or any of their attorneys, related companies or organizations, succesr. ors, assigns, officers, directors, managers, agents, partners, or ggployees.

l Mr. DelCore and the Law Firm covenant that no 2) administrative or judicial proceeding of cny kind in any u

DelCore's way relating to or arising out of Mr.

employment by Barney at the Millstone Station; the termination of that employment; statements made about said. employment or the termination thereof; the i

l prosecution or defense of any claims arising out of or relating to Mr. DelCore's employment at Millstone Station, the termination of that employment, or statements made about said employment or the termination thereof; any acts or omissions relating to the and/or negotiation and implementation of this Agreement, -

.j R;. n.,...

n s...

4 i

a STRICTLY CONFIDENTIAL ~

]

any actual or prospective litigation brought or J

threatened by.Mr. De1 Core and relating to his employment-

)

or the termination thereof is presently pending or will be initiated, refiled, or prosecuted by Mr. De1 Core or by I

anyone acting on his behalf, 3)

Mf!1DelCore hereby expressly and unqualifiedly waives and t

relinquishes forever any claim for recovery of back wages er other employment benefits, damages, or legal or

r equitable relief of any kind in any way arising out of or

' relating to Mr. Delcore's employment by Barney at the Millstone Station, the termination of that employment, s.tatements made about said employment or the termination t, hereof, any acts or omissions relating to the negotiation and implementation of this Agreement, or any l

other events that occurred prior to or on the date of the execution of this Agreement..

4)

Mr. De1 Core shall execute contemporaneously with his L

execution of this Agreement, a General Release in the l.

form prescribed in Attachment A to this Agreement, releasing CL&P, Barney, and any of their attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or l:

L employees from all liability arising out of or in any way L

l relating to Mr. DelCore's employmert by Barney at the Millstone Station, the termination of that employment, L

1 i

w._. _

s.

i

' STRICTLY CONFIDENTIAL statements made about said employment or the termination j

the r e o f ', any acts or omissions relating to the f

i negotiation and implementation of this Agreement, or any other events that occurred prior to or on the date of the.

execution of the General Release.

\\

i 5)

Within1 ten (10) business days following the date of execution of this Agreement by all Parties and the General Release by Mr. DelCore, the sum of fifteen thousand dollars ($15,000.00) shall be paid by or in behalf of CL&P and Barney.

Such sum shall be paid in the form of a check issued in the name of Mr. De1 Core and delivered to Mr. DelCore's. counsel.

Mr. De1 Core agrees that the payment of the sum described in this paragraph shall fully satisfy and extinguish any and all claims, whether known or unknown, that he may have against CL&P, Barney, or both of them, or against their respective f

cttorneys, related companies or organizations, I i I

successors, assigns, officers, directors, managers, agents, partners, or employees as of the date of the execution of this Agreement.

Mr. Delcore further agrees that the payment of the sum described in this paragraph shall satisfy fully and extinguish any right or entitlement of Mr. DelCore or of any legal counsel, who I

may have provided advice and/or representation in connection with any claim or potential claim in any way arising out of or relating to events that occurred prior o

L i

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L STRICTLY CONFIDENTIAL j

to to or on the date of the. execution'of this. Agreement, recover from CL&P,'Barney, or their respective attorneys, L

related companies or organizations, successors, assigns, i

officers, directors, managers, agents, partners, or employees,.any costs, expert witness fees, or - attorneys' fees incurred incident to such advice and/or representation.- Mr. DelCore further agrees to indemnify

.CL&P, Barney, and their respective attorneys, related

.f.

L companies or organizations, successors, assigns, officers, directors, managers, agents, partners,-or employees, and to hold them harmless against any and al3 l

claims, demands, suits, or other forms of liability seeking such costs and/or fees in connection with the provision of advice and/or representation as described

above, t

6)

Mr'. DelCore agrees h

-he will never seek employment with CL&P or Barney, r any of their related companies or organizations, suc ss rs or assigns?

7)

Mr. DalCore agrees that he will not voluntarily appear as' a witness or a party in any judicial or administrative proceeding,in which CL&F or Barney or any related companies or organizations is a party in interest and that;he_will not do an Ahing t'o encourage, suggest or

'othe rwi s~e'.~ induce any othe r ;pa r ty,f'a t to rney,

administratige ?5ency..er administrative or judicial

'o.

STRIC',Y CONFIDENTIAL tribunal.to. contact Anvolve, or call Mr. DelCore as a l

1 DelCore as a party in such witness or to join Mr.

)

further agrees that if served proceeding.

Mr. Del, Core with compulsory proc.ess. seeking to compel.his appearance 31 or joinder in such a proceeding, he will immediately 4

notify the-undertigned-representatives of CL&P and i

Barney, or their successors, in writingyuud there-F&a; take all re e " r :tc p f, i..cludin "e

.vv=.se3 by the representatives of CL&P

~.,

steps asidi suub ;;pbbh!"A.

(n h arneye.,to assist Notwithstanding any other provision of this Agreement ~,

activities otherwise proscribed in the preceding language deemed to constitute a of this paragraph shall not bc breach of this Agreement if such activities arise out of, relate to, and concern only' events that occur after the ll parties date on which this Agreement is executed by a or testimony is and any contact, activity, appearance, j

strictly confined to events occurring after the execution of this Agreement by all parties.

Nothing in this Agreement shall be construed to prohibit

+

8) from personally communicating to the United Mr. DelCore and any States Nuclear Regulatory Commission ("NRC"),

a is a at the time of such communication, person who, the member of the Staff of, and is acting on behalf of, any information acquired by him during his

NRC, employment at the Millstone Station, which relates to any

-7 l

l.

I, l

l

(

t STRICTLY CONFIDENTIAL matter at the Millstone station that Mr. DelCote in good t

i faith believes could adversely' affect the public health L

.and_ safety, so long as the purpose of such communication I

is to provide the NRC with information necessary.to the discharge of its duties to ensure that nuclear power In the event plants are constructed and operated safely.

that Mr..DelCore deem's it necessary to make such

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communications to the NRC, he shall refrain from doing so

)

in such a manner calculated or'foreseeably likely to have

.the effect of bringing that fact or substance of such j

communications to'the attention of any party other than the NRC,. except that Mr. DelCoff~IEITf7 mot be responsible for disclosures made by the NRC itself unless he i

af firmatively induces the making of such disclosures.

to inquiries and unless otherwise authorized 9)

In response by Mr. DelCore or compelled by law or compulsory process, neither CL&P'nor Barney will provide any information about Mr. DelCore or his employment by Barney at the\\

~

Millstone Station other than the dates of'his employment 1.

and the job title in which he was employed.

Nothing in t

L this paragraph shall be construed, however, as in any way t

L 1

limiting CL&P or Barney with regard to providing I

information to federal, state, or local regulatory or tax L

authorities.

i l

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+

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STRICTLY CONFIDENTIAL t $0)-

Mr. DelCore agrees that, except as otherwise provided in paragraph 8 of this Agreement, he will not make any adividuals or public statement or statements to any entities not party to this Agreement containing any allegation, accusation or intimation of wrongdoing of any kind"on the part of CL&P, Barney, and their respective s

attorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees, relating to:

(a).any,

matters of which Mr. Delcore acquired knowledge while empI'oyed by Barney at the Millstone station; (b).Mr.1 DelCore's employment at the Millstone station; (c) the termination of that employment; (d) statements made about said employment or the termination thereof; (e) the prosecution or defense of any claims arising out of or relating to Mr. DelCore's employment at the Millstone Station, the termination of that employment, or statements made about said employment or the termination thereof; or (f) any acts or omissions relating to the Mr.

negotiation and implementation of this Agreement.

Delcore further agrees that he will not in any way disclose that he has entered into a settlement or the terms of this Agreement to any person, except as specifically provided below.

Should Mr. Delcore disclose either the fact of settlement or the terms of this 3

i l

Agreement or make any statement proscribed by the terms of this paragraph to any person prior to January 1, 2004, l

l-I

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v L

j STRICTLY CONFIDENTIAL q

any such disclosure shall be deemed a material breach of relieving CL&P and Barney of any and all this Agreement, obligations running to Mr. De1 Core under this Agreement, to recover an and creating'in CL&P and Barney the right 1

amount equal to one-half the amount paid.to Mr. Delcore P

pursuant to this settlement, or actual damages plus attorneys' fees, whichever amount is greater.

For purposes of this paragraph, the Parties agree as follows:

t.

,.j i

" Disclosure" of the terms of this Agreement means any a) verbal or written' communication describing the terms of this Agreement, including the use of such "large," and " substantial,"

adjectives as " generous, and or words of description to similar effect, includes making this Agreement or a copy of any portion thereof available to any person or entity; Disclosure of the terms of this Agreement or'the b) making of any statement proscribed by the terms of including this paragraph by any agent of Mr. De1 Core, the Law Firm and any agent or employee thereof, to shall be considered a breach of Mr.

any person, DelCore's promise of confidentiality,-with the same effect as if Mr. Delcore himself had made the disclosure; l

Delcore, the Law Firm, CL&P or Barney shall not l

c)

Mr.

be deemed to have breached this promise of L

confidentiality if any of them is required to i

disclose the terms of this Agreement or to make any l

L statement proscribed by the terms of this patagraph provided that when l

under compulsion of legal process,the Party to whom the L

such disclosure is requested, L'

request is made shall promptly give notice of such to the other Parties and withhold disclosure l

request until the other Parties have exhausted all lawful and such Party shall means of rpposing such process; cooperate fully with the other Parties in opposing L

including withholding disclosure from any disclosure, if administrative or legislative organ of government l

one or more of the other Parties so request until the order, or other process seeking disclosure

subpoena, has been judicially enforced and all appeals from such enforcement order have been exhausted or waived.

is no objection to compliance with a If there subpoena or other legal process seeking disclosure or 1,

l l

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4 STRICTLY CONFIDENTIAL 1

the fact or terms of this Agreement, disclosure shall be withheld by the Party subject to the subpoena or other legal process until written consent to disclosure is provided by the other Parties.

Consent to disclosure on any occasion does not-represent its pk.ver n.t pwe w requests,a,r disclosure. //nmay f cg4,)4gu onf w.,14,e.[" Q g w consen o future fo a <,, ' M T

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a,w Disclosures or-stat'ements by any Phrty to an d) arbitrator, who has been selected pursuant to

%,Am paragraph 11 of this Agreement and who has provided

\\ [ v~/ec written assurances of his/her willingness to'be boundl " #%.y

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by the Parties' agreement that the existence and terms of this Agreement and any dispute arising out g

of the Agreement shall remain strictly confidential, shall not be deemed a breach of the obligation of confidentiality imposed on the Parties by this paragraph.

11)

The sole remedy for an alleged breach of this Agreement shall be through private, binding arbitration in a6cordance with the procedures hereinafter provided:

a) The party commencing the action shall, within thirty (30) days after the occurrence of the alleged breach or within thirty (30) days after the allegedly aggrieved party knew or r.hould have known of the alleged breach, whichever is later, request that the American Arbitration Association provide a panel of l

seven (7) arbitrators to both the alleging party and the allegedly breaching party and pay any fee required to obtain such a' panel.

b) Within five (S) business days after receiving a panel 1

of arbitrators from the American Arbitration Association, the party alleging breach shall strike three (3) names from the panel and notify the L

allegedly breaching party of the names struck.

l Within five (5) business days thereafter, the allegedly breaching party shall strike three (3) of the remaining names and notify the party alleging breach of the names struck.

Within two (2) days after receiving notice of the remaining arbitrator on the panel, the party alleging breach shall send a letter to the arbitrator thus chosen stating that the L

l arbitrator has been chosen to arbitrate a dispute arising out of an agreement between the parties, the i

l existence and terms of which must remain strictly I

confidential according to a specific term of this Agreement.

The letter shall also ask that the i

arbitrator either disqualify himself/herself or provide written assurances to both parties that he/she is willing to be bound by the requirement of 1 e

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3-STRICTLY CONFIDENTIAL L,

r confidentiality.

A copy of the letter shall be sent to the allegedly breaching party at the same time as k

the original is sent to the arbitrator.

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b c) If the arbitrator disqualifies himself/herself, the party alleging breach shall submit a new request, L,

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' including any required fee, for a new panel of seven (7) arbitrators within five (5) days of receiving notice of the disqualification.

The procedures set forth in subparagraph b) of this paragraph shall

[

l-again be followed, and so forth until an arbitrator has been chosen who lias agreed in writing to be bound by the requirement of confidentiality, i '

d) Within five (5) business days after' receiving written r:'

notice'that the arbitrator'has agreed to be bound by i

I the. requirement of confidentiality, the party alleging breach shall send to the arbitrator a i

t complaint, setting forth in clear and concise terms the nature of the alleged breach and the relief sought, and a true and correct copy of this Agreement, and request that the arbitrator set a date for hearing the matter within the next ninety (90) days.

Copies of the documents sent to the arbitrator pursuant to this subparagraph shall be simultaneously i

sent to the allegedly breaching party.

j e) The hearing before the arbitrator shall be closed to the public and shall be attended only by the parties o

and their respective attorneys and witnesses.

The arbitrator shall order witnesses sequestered at the J

request of either party.

The law of connecticut shall control with regard to all substantive issues in the proceeding, and the Federal Rules of Evidence shall govern with respect to evidentiary matters.

A court reporter shall be present if either party requests of the arbitrator at least ten (10) days in advance of the date on which the hearing is scheduled to commence that the hearing be transcribed.

If a reporter is requested, the party making the request shall notify the reporter in writing prior to the hearing that the subject and all issues to be raised in the hearing are strictly confidential, and that disclosure of any such matters to any other person is j

At the commencement of the hearing and prohibited.

before anything is mentioned in the hearing of the reporter regarding the nature of the dispute or the Agreement out of which it arose, the arbitrator shall inquire of the reporter whether he/she understands that the proceedings are to remain confidential and whether he/she is willing to comply strictly with that requirement.

The hearing shall be suspended if the reporter is unwilling to comply with the confidentiality requirement until a substitute reporter who is willing so to comply can be retained. -

4 L

STRICTLY CONFIDENTIAL The record in the arbitration rhall be closed at the time that the hearing is' concluded, except that the arbitrator may in his/her discretion require the parties to submit post-hearing briefs if he/she is of the opinion that such briefs will aid in resolution of the matter before him/her.

f) Within sixty (60) days after the close.of the hearing or after the submission of post-hearing briefs if such briefs are required by the arbitrator, the arbitrator shall issue his/her. findings of fact and conclusions of law.

The arbitrator shall be empowered only to interpret and apply the express terms of this Agreement, and he/she shall not modify, delete or supplement any provision of the Agreement.

If the arbitrator determines that a breach of the Agreement has occurred, he/she shall further be empowered to order the breaching party to cure the breach by. acting or refraining from acting as contemplated in the terms of the Agreement and to award actual damages or such other relief as is provided for in this Agreement, g) The party prevailing under an order issued by an arbitrator acting pursuant to the terms of this paragraph may, within thirty (30) days of receipt of the arbitrator's order, submit to the arbitrator and the losing party a request that costs and attorney's fees be reimbursed by the losing party.

Such request shall provide an accounting of the costs an'd fees incurred such as would meet the standards announced by the federal courts for documentation sufficient to permit recovery under federal statutes providing for recovery of costs and attorney's fees.

Within fifteen (15) days of receipt of the request for reimbursement by the prevailing party, the losing party shall either pay the amount requested or submit to the arbitrator a statement of objections to any portion of the fees and/or expenses that the losing party regards as unreasonable.

In the event that objections are filed, the arbitrator shall issue a supplemental order within sixty (60) days after receiving the statement of objections, directing the losing party to pay such portion of the requested fees and costs as the arbitrator finds to be reasonable under the relevant precedents on awards of attorney's fees and costs.

h) The failure to complete an act required of a party by

.s this paragraph within the time specified shall be adjudged by the arbitrator to have constituted a default in the proceeding, unless such default is specifically waived by the opposing party, and the arbitrator shall strike all claims or defenses of......

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STRICTLY CONFIDENTIAL J

such such defaulting party and' enter judgment against party.

l The arbitration shall be conducted in accordance with

1) the Voluntary Labor Arbitration Rules of the American Arbitration Association and the rederal Rules of Civil Procedure to the extent those rules are not inconsistent with the American Arbitration Association Rules.

fees and expenses of the arbitrator shall be paid j) The days in full by the losing party within fifteen (15) a copy j

after receipt of the arbitrator's statement, of which shall be sent to both parties.

In the event that the losing party should fail or refuse to pay as t

required by this subparagraph, the arbitrator may i

request that the prevailing party satisfy this obligation.

Within fifteen (15) days of receiving such a request, the prevailing party shall pay the arbitrator's fees and expenses, and shall have the from the right then to recover treble such amount and reasonable attorney's losing party, plus interest fees in an appropriate court of law.

inconsistent j) To all extents and for all purposes not with the foregoing provisions of this paragraph, the e

performance of the parties' obligations under this l

to the United paragraph shall be enforceable pursuant States Arbitration Act, 9 U.S.C.

1-10.

The prevailing party in any such action shall be entitled to recover from the losing party or parties costs and reasonable attorney's fees.

Any party commencing ar.

t enforcement action pursuant to this subsection shall take all reasonable steps to ensure that this l

Agreement and the dispute that is the subject of the action ere not placed in the public record.

St eh steps tr.311 include, at a minimum, a request v<

the

[

L court that the record in the case be sealed.

12)

This Agreement spall be binding on and inure to the

[

benefit of the Parties, their respective agents, representatives, attotneys, successors, and assigns.

i 13)

In the event that any of the provisions of this Agreement shall be held invalid or unenforceable by reason of any final judicial or administrative ruling, or by reason of such any legislation now existing or hereinafter enacted, n.

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STRICTLY CONFICENTIAL

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l anvalidity or unenforceability shall have no effect on t

the remaining provisions of this Agreement.

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The Foregoing provides the entire Agreement between.the hn i

Parties and this Agreement cannet be modified except by written stipulation signed by all Parties hereto.

i I

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Date John DelCore i

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i Date Robert A.

Solomon Pittman, Sheehan, Solomon & Swaine f

Date Richard K. Walker Bishop, Cook, Purcell & Reynolds Counsel for The connecticut Light

& Power Company i

Date James N.

Royster Michelson, Kane, Royster & Barger

' Counsel for W.J. Barney Corporation

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ATTACHMENT A l

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GENERAL RELEASE In connection with the.tettlement Agreement executed by me, by my attorneys, and by representatives of The Connecticut Light

& Power Company ("CL&P") and the W.J. Barney Corporation l

("Barney"), on February ___, 1989, and in consideration for the

)

promises made therein, I, John DelCore, do hereby release and i

f orever discharge CL&P and Barney, and their attorneys, related

{

1 companies or organizations, succestors, assigns, officers, directors, managers, agents, partners, or employees from any and all liability aris'ing out of ny employment by Barney at the Millstone Nuclear Power Station, the termination of that employment, any statements about said employment or the termination thereof, or any other claims or choses in action !

might have arising out of any acts or omissions on the part of CL&P, Barney, and/or their ettorneys, related companies or organizations, successors, assigns, officers, directors, managers, agents, partners, or employees, whether known or unknown, that accrued or were inchoate as of the date hereof.

I understand that this GENERAL RELEASE resolves and extinguishes any and all claims of whatsoever nature (whether known or unknown) that I might have asserted in any suit or cause A-1

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'Of action, together with any complaints, liabilities, Cbligations, promises, agreements, controversies, damages, rights, demands, costs, losses, debts and' expenses (including t

attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, that I have, own or hold, claim to have, own or hold, or thJ at any time heretofore had, owned o'r hold or claimed to have, own or hold, or that any time hereafter i

I may have, own or hold, or claim to have, own or hold, against cach or any of CL&P, Barney, and their attorneys, related i

companies or organizations, successors, assigns, officers, directors, nanagers, agents, partners, or employees.

The claims that I am waiving, discharging and releasing I understand to include specifically, but not be limited to, any cnd all federal, state, and local law claims, whether statutory er common law, including, but not limited to, those under the laws of the State of connecticut relating to wrongful discharge, protection of rights of fr.ee speech, tortious interference with contractual relationships, injuries to reputation, and protection of enployees from retaliation based on their reporting of alleged violations of law by their employers.

I further agree that this GENERAL RELEASE shall be binding on the undersigned, my agents, attorneys, representatives, er.ecutors, personal representatives, heirs, successors, and i

assigns.

I hereby acknowledge that I have read all three (3) pages of this GENERAL RELEASE, discussed it with my attorney (s), and that A-2 l

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l RELEASE, and have voluntarily and knowingly executed the GENERAL

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RELEASE.

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This, day of February,1989.

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John DelCore t

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City of New Haven

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' state'of Connecticut

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subscribed and sworn to before me this day of

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rebruary, 1989.

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. i Notary Public

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'My commission expires t,

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OlOHOP, COOK, PU:~ CELL & REYNOLDO woo t stacct. ww.

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wisecto=. o c. acoos ssoa (mor) an stoo j

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(202) 371-5776 7

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June 27, 1988 i

l BY FEDERAL EXPRESS Airbill No. 7284566796 Paul Chill, Esquire Garrison, Kahn, Silbert &

Arterton 405 orange street New Haven, Connecticut 06511 t

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Dear Pault i

' i Enclosed is the Settlement Agreement, with attached forms l

for the withdrawal letter and General Release, that we can offer i

as the means for resolving Gary Jo short of proceeding with discovery and liti,hnson's casegation of his claims.

In draf ting it, we tried to satisfy the concerns that you had raised about Mr. Johnson needing reassurance about his status as an j

employee of Northeast Nuclear Energy Company and assurances that l

)

he will not be subject to retaliation as a result of his having filed his section 210 action.

At the same time, we drafted the Agreement in such a way as to ensure Northeast that Mr. Johnson's I

claims are extinguished and that Northeast will need have no l

concern about having to litigate the issues raised in Mr.

t Johnson's complaint before the Department of Labor or in any other collateral forum.

7 r

One other thing that I should mention is that the secretary

[

of Labor has in some cases required the parties to a settlement i

to submit the agreement itself for review and approval.

Because such a requirement in this case would only introduce delay and expenditure of resources on the part of both parties that we would all like to avoid, we have suggested a mechanism for terminating the litigation that we think would minimite the t

likelihood that the Secretary would invoke the review procedure in this case, rurther to the objective of reducing the chance of the case getting held up in some procedural quagmire, you and Ms.

i Arterton will need to file your Notice of Appearance in the case before, filing the letter that is Attachment A to the Agreement.

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Psal Chill, Esquire

. Garriscn, Echn, silbert &

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Attortca

- Juno 27, 4948 j

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Please give me a call tomorrow (Tuesday) af ter you have had g

an opportunity to review the Agreement so we can assess the F

appropriateness of postponing the deposition now scheduled for Wednesday.

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sincerely, lli.AbDb$

Richard K. Walker

• Enclosures 4

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]h SETTLEMENT AGREEMENT This Agreement is made by and between Gary L. Johnson ("Mr.

Johnson"): Janet Bond Artetton, faul Chill, and Garrison, Kahn, j

silbert & Arterton and all its present and former partners and f

~

employees (collectively referred to as "the law firm")i and

[

Northeast Nuclear Energy Company, a division of Northeast Utilities (" Northeast").

The purpose of this Agveement is to

]

resolve any and all disputes between Mr. Johnson and Northeast that in any way relate to or arise out of, or could have related i

to or arisen out of, Mr. Johnson's employment at Northeast

{

through and

• including the date of tnis Agreement, including those events the existence of which led 'to Mr. Johnson's initiation of and/or participation in a proceeding brought against Northeast under section 210 of the Energy Reorganization Act, 42 U.S.C.

55851; by the execution of this Agreement and by the performance of its terms Mr. Johnson, Northeast, and their respective l

representatives intend and commit to put these disputes to rest, t

individually and collectively, for all time.

WHEREAS, Mr. Johnson commenced, on or about April 27, 1988, an action (No. 88-ERA-32) against Northeast in the United States Department of Labor alleging violations of section 210 of the Energy Reorganization Act, 42 U.S.C. 55851 (hereinafter "the section 210 action"); and 4

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L WHEREAS, Mr. Johnson has decided that he no longer wishes to the section 210 action, and is prepared in furtherance of.

f pursue that decision to file in the U.S. Department of Labor, office of Administrative Law Judges, a letter withdrawing his complaint in the action and any outstanding cl' aims for sanctions, stating his intention no longer to prosecute the' action, and seeking its dismissal with prejudice; and-WHEREAS, Mr. Johnson and Northeast are both desirous of forever ending all present and potential litigation between them in any way relating to or arising out of Mr. Johnson's employment at Northeast through the date of this Agreement; and WHEREAS, Mr. Johnson has been and continues to be representedfor purposes of negotiation, finalization and implementation of this settlement

• Agreement by the law firm, and in the interest of helping Mr. Johnson to realise his objective Y

of expeditiously concluding the litigation in which he is now or might become involved, the law firm is prepared to undertake re,sponsibility in certain respects for the performance of obligations owing to Northeast and others under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

1)

Mr. Johnson acknowledges that his complaint in the section 210 action was based on his dissatisfaction with

• l his transfer frem a position in the Metrology Laboratory e

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at Northeast's Millstone, Nuclear Power Station in mid-

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rebruary of 1988, his performance evaluation in late i

rebruary of 1988, and the fact that he was told at the j

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time that problems with his performance noted in that j

evaluation would make hfm subject. to a special i'

} ;

performance review at some unspecified time but prior to t' !

the time for his next regular annual review.

Because of his disagreement with'these actions, Mr. Johnson surmised at the time that they must have sprung from i

some improper considerations, which he assumed related j

in some way to his having raised concerns about certain f

ls

+

issues that he thought to have nuclear safety implications; and this assumption prompted him to file l

l I

his complaint in the sect' ion 210 action. ' Mr. Johnson now acknowledges, however, that he has no evidence to

.I support his assumption.

Further, Mr. Johnson no longer l

l l

objects to his transfer into a position in the I

l Instrumentation and control shop at the Millstone

{

i Nuclear Power Station and no longer wishes to be l

returned to his former position in the Metrology i

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Laboratory, rinally, although Mr. Johnson continues to disagree with the ratings that he received in the' ca tegories of " resource f ulne ss" and "co.mmunications" in his rebruary, 1988, performance evaluation, he now believes, particularly in light of the acknowledgements and representations of Northeast set forth in paragraph e

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2 of this Agreement, that nothing in the evaluation,or

]g' in his having been told that he would be subject to a I

i special performance review ves the product of any

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unlawful or improper motive on the part of Northeast's j

management.

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,j 2)

Northeast acknowledges that Mr. Johnson's overall performance during the term of his employment with Northeast through the date of this Agreement has been good, that he has made some valued contributions in the positions that he has occupied, and that he is regarded i

i i

L by Northeast's management as generally having good i

i fut6te prospects as a Northeast employee.

It has been and continues to be the View of Northeast's management that Mr. Johnson's problems in the Metrology Laboratory

-)

at the Millstone Nuclear Power Station sprang from a i

n pers6nality conflict with a coemployee, and do not 3

l reflect negatively on Mr. Johnson's technical abilities i

and qualifications.

Further, Northeast's management 3

1 believes that, having been placed in a new position in which the personality conflict that contributed to Mr.

,t Johnson's earlier difficulties should play no role, he I

can and will continue to be good employ,ee capable of making valuable contributions to the operation of the f

Millstone Nuclear Power Station.

As to the ratings in Mr. Johnson's rebruary, 1988, performance evaluaticn e

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j with which he disagrees,, Northeast's management f

continues to believe that the ratings represented an accurate reflection of problems that Mr. Johnson was then experiencing, but respects his right to disagree.

i Northeast warrants that'ihe disputed ratings have,not

.]

affected Mr. Johnson's compensation or other terms and conditions of employment to date, and will not affect

.l his status as an employee or his terms and conditions of employment in the future, except to the extent that the

[

ratings may have. cumulative bearing on any future i

personality conflicti with coemployees in his new I

assignment or any subsequent assignments.

Northeast has j

informed Mr. Johnson that it no longer believes that conducting a special revi'ev of his performance on the l

basis of his rebruary, 1988, performance evaluation is

)

necessary, and hereby confirms its decision in that l

regar'd and incorporates said decision as a term of this Agreement.

Notwithstanding the foregoing, however,

{

l Northeast reserves the right to conduct a special review I

of Mr. Johnson's performance at any date in the future and on any basis that would be equally applicable to any

,i other similarly situated employee if events transpiring j

j after the date of this Agreement sugges,t a performance l

or disciplinary problem which, under Northeast's l

generally applicable personnel policies and practices, l

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6-would ordinarily warrant tho initiation of o opoeia.1 t

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review, i

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i 3)

This settlement Agreement-does not amount to, and shall not be construed as, anidmission of liability or I

wrongdoing of any kind on the part of Northeast, or any of its attorneys, related companies, successors, f

assigns, officers, directors, managers, agents, partners, or employees.

Likewise, Mr. Johnson's withdrawal of his section 210 claim and his entering into this Agreement does not amount to, and shall not be construed as, an admission of liability or wrongdoing of an ' kind en the part of Mr. Johnson or the law firm, or j

I any of their attorneys, successors, assigns, agents, partners, or employees.

)

I t

On t e date of Mr. Johnsen's execution of this 4) the law firm shall file on his behalf with l

Agreement, section the presiding Administrative Law Judge in the f

210 action a letter in the form prescribed in Attachment A to this Agreement,' stating: 1) that Mr. Johnson no f

longer believes that the facts on which his complaint l

was based warrant the consumption of resources that t

adjudication of his complaint would require; 2) that he

{

wishes to withdraw his complaint; and 3) that he would like for his complaint to be dismissed with prejudice.

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sorved cn the undars,igned A copy of said letter shall be counsel for Northeast by first class mail on the same

)

date ors which it is filed with the Administrative Law Judge.

Upon receipt of the service copy of such letter, counsel for Northeast shall notify the Administrative Law Judge by appropriate means of the fact that Northeast does not object to the withdrawal of Mr.

Johnson's complaint or to dismissal of the case with and the fact that Northeast waives any right prejudice r torehoveragainstMr.Johnsonfeesorothersanctions,

'l s

Mr. Johnson and the law firm covenant that they will not 5) f initiate, refile or prosecute, or cause to be initiated, refiled or prosecuted, any administrative or judicial proceeding of any kind in any way relating to or arising

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out of Mr. Johnson's employment at Northeast through and including the date of this Agreement or the conduct of proceedings in the section 210 action.

Mr. Johnson and the law firm further covenant that they

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6) will not seek to induce any government agency, court or l l legislative body to take any action against Northeast I

based on any of the events leading to h.is commencement i

section 210 action or arising during the course of the of the section 210 action.

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Mr. Johnson hereby expressly and unqualifiedly volv,es j

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I and relinquishes forever any claim for recovery of back

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j wages or other employment benefits or relief in any way i

arising out of or relating to Mr. Johnson's employment at-Northeast through and' including the date of this j

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Agreement.

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I Mr. Johnson shall execute, contemporaneous 1y with his 8) execution of this Agreement, a General Release in the f

form prescribed in Attachment 3 to this Agreement, l

releasing f rom liability for any acts occurring up to and including the date of his execution of the General related companies, f

Release Northeast and its attorneys, assigns, of ficers, directors, managers, successors, l

agents, partr.ers, and employees.

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Northeast agrees and covenants not to sue Mr. Johnson l

9) law firm for malicious prosecution or abuse and/or the or in any other manner seek by legal action of process, to recover from any of them damages for expenses incurred or injuries sustained by virtue of the filing 4

rurther, and prosecution of the section 210 action, I

i Northeast agrees that the fact that Mr. Johnson commenced the section 210 action shall not in any way l

af f ect his terms and conditions of employment or his

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future prospects with Northeast.

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This Agreement shall be binding'upon and inure to t,he

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10) benefit of the parties, their respective agents, representatives, attorneys, successors, and assigns.

l 11)

In the event that any ofthe provisions of this Agreement shall be held invalid or unenforceable by reason of any final judicial or administrative ruling, or by reason of any legislation now existing or hereinaf ter enacted, such invalidity or unenforceability shall have no effect on the remaining provisions of the Agreement.

The foreg61ng provides the entire Agreement between the parties and this Agreement cannot*be modified except by written stipulation signed by all parties hereto.

BY ATTIXING BIS SIGNATURE BERETO, MR. JOHNSON WARRANTS TRAT RE EAS READ THIS AGREEMENT AND'ITS ATTACHMENTS, TEAT BE UNDERSTANDS THEM, THAT BE i

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ATTACHMENT A I

k 1988 June i

The Honorable Chester Shatz Boston District Chief Judge it tive Law Judges Johnson v. Northeast

. office of Admin s ra RE:

U.S. Department of Labor Nuclear Energy Company, John W. McCormack Post Office Case No. 58-ERA-3 2.

i and courthouse Room 409 soston, Massachusetts 02109 t

Dear Judge Shatz:

Gary L. Johnson, complainant in the above-captioned matter, has reached the conclusion that the facts on which his complaint t

Vas based do not warrant the expenditure of resources on the part respondent and this tribunal that would be of himself, the required if,this matter were to be fully adjudicated.

and he Consequently, he has decided to withdraw his complaint,h Counsel for respondent Northeast Nuclear Energy Company have been apprised of complainant's intention to withdraw hishave r

complaint, respondent might have against complainant l

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any and all claims that for costs or fees incurred in this action.

Respectfully submitted, Janet Bond Arte rton f

Paul Chill Garrison, Kahn, Silbert &

• l Arterton 405 orange street New Haven, Connecticut 06511 (203) 777-4428 9

i Counsel to Gary L. Johnson cc:

Nicholas S. Reynolds, Esquire Richard K. Walker, Esquire h.

Bishop, Cook, Purcell & Reynolds i

1400 L Street, N.W.

Washington, D.C.

20005-3502 Counsel to Northeast Nuclear Ene,rgy Company I

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f, ATTACHMENT B GENERAL' RELEASE 1

l In connection with the Settlement agreement executed on behalf of myself and by a representative of Northeast Nuclear Energy company, a Division of Northeast Utilities

(" Northeast"),

on June 1938, and in consideration for the promises made

therein, I,

Gary L.

Johnson, do hereby release and forever discharge Northeast and its attorneys, related companies, successors,, assigns, officers, directors, managers, agents, partners and employees from any an,d all liability arising out of or in any way relating to my employment with Northeast through

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and including the date of this General Release, and any other' l

claims or choses in action I might have arising out of any acts or omissions on the part of Northeast, whether known or unknown, 1

l that accrued or were inchoate as of the date hereof.

I understand that this General Release resolves and extinguishes any and all claims raised in the complaint I have filed with the l

L United States Department of Labor under section 210 of the Energy Reorganization Act, together with any and all claims that I might have asserted in any suit, cause of action, charge of discrimination, or other claims against Northeast or its 1

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j attorneys, related compontos, succossero, assigns, officers,,

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directors, managers, agents, partners, and employees.

I further agree that this General Release shall be binding I

on myself, my agents, attorneys, representatives, executors, personal representatives, heirs, successors, and assigns.

1 hereby acknowledge, that I have read this General Release, j

. discussed 1.t with my attorney (s), and that I fully understand the and effect of the General Release, and have terms, nature, i

voluntarily and knowingly executed the General Release.

i i

This day of June, 1988.

l 1

i Gary L. Johnson t

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County of

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ss State of Connecticut

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s subscribed and sworn to before me this day of June, 1988.

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Notary Public My commission expires:

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I L-P suosessasrummas 1

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L J O !lC.U. %, -

To:

NU Officers May 4, 1989 I

NEO-89-G-325 t

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(Ext. 5217)

SUBJECT:

Recent Media Reports Concerning

" Hush Money" Paid By NU I.

There have been a number of media reports recently which may lead one to conclude that NU paid, or offered to pay, " hush money" to a former Millstone employee to get him to drop claims he has made about unsafe conditions at the Millstone-

' Nuclear Power Station.

This is absolutely untrue end is a l'

complete distortion of the facts in this matter, and I would like to take a moment to set the record straight.

i 1.

John DelCore, the " employee" in question, was never an NU en.ployee at Millstone or anywhere else in the system.

!!e worked for W.

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Barney Company of Groton, a subcontractor.

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2.

Barney is a general electrical and maintenance I

contractor principally concerned with maintenance of non-nuclear related equipment.

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3.

John DelCore was terminated by Barney, not by NU, based upon his work record with them, 4.

John DelCore has brought a lawsuit against Barney for

" wrongful discharge," claiming he was fired unjustly.

5.

Since John DelCore was working for Barney at Millstone when he was terminated by Barney, he has named NU as co-defendant in his lawsuit.

6.

Barney/NU did jointly o.#fer John DelCore $15,000 to settle his " wrongful discharge" lawsuit.

Such settlements are common, standard practica in all types of lawsuits as the parties try to avoid the immense cost of such legal action.

7.

The nondisclosure provision in the proposed Barney/NU settlement explicitly stated John DelCore's right to pursue with the United States Nuclear Regulatory Commission (USNRC) any safety concerns he may have about Millstone operations.

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Barney/NU's latest settlement proposal was made after John DelCore had made a number of other settlement demands on NU, including a demand which we rejected, that he be permanently hired by Northeast Utilities.

9.

The Barney/NU settlement proposals were presented with the mutual understanding that settlement negotiations would be confidential (standard legal practice).. This confi-dentiality, obviously, has not been honored.

10, Settlement discussions have proven unsuccessful and no i

payment has been made to John DelCore.

NU plans to vigorously def end itself against John DelCore's " wrongful

[i discharge" claims.

11.

NU is not the target of an investigation by a U.

S.

i Senate subcommittee.

It is our understanding that the subcommittee is investigating settlement agreements involving employees of contractors at nuclear powe.r stations and is l

primarily concerned with agreements that prohibit employees or f orme r employees f rom bringing saf ety concerns to the USNRC. The proposed Barney/NU settlement specifically states that there is no prohibition on John DelCore's right to go to the USNRC.

12.

Neither Barney nor NU has been asked to testify or in any way participate in the subcommittee investigation.

4 13.

The investigation by the USNRC into the claim regarding i

unsafe conditions at Millstone Nuclear Power Station concluded "the alleged activities did not involve nuclear

-qq safety-related work" and "no unsaf e work activities were 1

identified."

In closing, I would ask that you reemphasize to all of your people that we remain fully committed to our nuclear saf ety ethic at NU, and we continue to encourage employees to bring forth their safety concerns.

Any implication in the media that this is not the case is simply not true.

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