ML20023A424

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Responds to 791010 Memo Re Enforcement Action Against Brown & Root.Enforcement Package Complete.No Enforcement Action Taken Previously Since Earlier Insps Did Not Substantiate Allegations
ML20023A424
Person / Time
Site: 05000000, South Texas
Issue date: 05/15/1980
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Bradford P
NRC COMMISSION (OCM)
Shared Package
ML20023A411 List:
References
FOIA-82-603 NUDOCS 8006090440
Download: ML20023A424 (2)


Text

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MEMORANDUM FOR:

Commissioner Bradford 75A3 7.f.86 THRU:

i W. J. Dircks, Acting Executive Director for Operations p

A FROM:

Victor Stello, Jr., Director, Office of Inspection and Enforcement i

SUBJECT:

NEWSPAPER ARTICLE AND ENFORCEMENT ACTION ON THE SOUTH TEXAS PROJECT This is in response to your memorandum to me dated October 10, 1979 which was in the process of being answered when twelve new allegations came to light on the South Texas Project.

As a result of these new allegations which were repetitive of some of the earlier allegations, the long history of these allegations, and the licensee's failure to take effective corrective action, I elected to initiate a special investigation under Headquarters direction.

As a consequence of this action, I have delayed responding to your October 10 g

memorandum until our investigation was completed.

At the Commission briefing held on April 15, 1980, the results of the investigation were presented along with some of the background information on this project.

As you are aware I indicated at the briefing that we were cansidering a civil penalty to address the items of noncompliance Encovered during the investigation and an order-to assure proper corrective action so that the future work would have a better chance of being completed in conformance with regulatory requirements.

The final enforcement package has now been completed and consists of a

$100,000 civil penalty and an order to show cause why safety related construc-tion should not be stopped, in 90 days or until certain information is obtained and action is taken.

It is considered that these are appropriate actions for the circumstances.

.A copy of the enforcement package is enclosed (Enclosure-1).

L In answer to your question concerning the article in the Washington Post in October 1979 as to why "no enforcement action stronger than a visit occurred",

the explanation is based on the results of previous investigations.

.".l l ega-tions of intimidation and threats were received on August 8, 1979 which no doubt prompted the Post article.

The investigation report (IE Report l

50-498/79-14; 50-499/79-14) addressing these broke the allegations down into l

ten (10) separate items (Enclosure 2).

As a result of this earlier investiga-tion a notice of violation against Criterion V of 10 CFR 50, Appendix B was CONTACT:

R. E. Shewmaker, RCI XA Copy Has Beeti Sent to PDR efo

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Commissioner Bredford f issued to the licensee which identified the noncompliance as an infraction.

Shortly after this investigation report was completed and released, the additional allegations (November 2, 1979) were received.

These precipitated the special~ team investigation which produced the findings that support the current enforcement action.

Section II of the current Order-to Show Cause describes tne history of the project and basically indicates that no stronger enforcement action than notices of violation for infractions had been taken since the earlier investigative findings had not substantiated harassment, threats, or intimidation.

It was not-until the special investigation had been conducted that we were able to substantiate harassment, threats and intimida-tion.

For your information a summary of the enforcement for this facility is provided as Enclosure 3.

Orici=1!.ic ud by

{ictor 5tello,

Victor Stello, Jr.

Director Office of Inspection and Enforcement

Enclosures:

1.

Enforcement Package f

2.

IE Report 50-498/79-14;

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50-499/79-14 3.

Enforcement History, Oct. ' 76 - Mar. ' 80 cc w/encis:

Chairman Ahearne Commissioner Gilinsky Commissioner Kennedy Commissioner Hendrie W. J. Dircks, Acting EDO S. Chilk, SECY Distribution:

E. K. Cornell, EDO K. V. Seyfrit, RIV IE Reading R. G. Smith, EDO W. C. Seidle, RIV G. Ertter (EDO-7561)

T. Rehm, ELD S. Varga, NRR L. N. Underwood, IE H. K. Sharpar, ELD

0. Parr, NRR (H11-2082-H06)

J. P. Murray, ELD M. Licitra, IE V. Stello, IE R. E. Shewmaker, IE D. Thompson, IE Central Files H. D. Thornburg, IE EDO Reading fg G. Reinmuth,-IE IE Files Oh l

WPU:SM RCI:IE IE D ED DD EDO l

5/2/80 REShewm4Ker GWReinmuth HDThornburg JP urray R eYoung Vftello JOB L(2) 5/g/80 5/f/80 5///80 5/

80 5/7/80 5/ 7 /80 5/ /80 gip

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