ML20028D733
| ML20028D733 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1983 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Markey E HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML20027A771 | List: |
| References | |
| NUDOCS 8301190409 | |
| Download: ML20028D733 (8) | |
Text
iMnu E
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k UNITED STATES NUCLEAR REGULATORY COMMISSION n
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WASHINGTON, D. C. 20555 ke 4
- +
CHAIRMAN January 4,1983 The Honorable Edward J. Markey Chairman, Subcommittee on Oversight and Investigations-Committee on Interior and Insular Affairs United States House of Represen,tatives Washington, D.C.
20515
Dear Mr. Chairman:
In your letter of November 10, 1982 you requested a copy of the report of the NRC's reinvestigation of the Hayward Tyler matter, and answers to several questions left outstanding following the April 6,1982 Subcomittee hearing y
concerning NRC's investigation of the Hayward Tyler Pump Company of Burlington, Vermont.
You also requested copies of all internal memoranda written by the staff since April 6,1982 which relate to the Hayward Tyler Pump Company or the conduct of the investigation by the NRC.
As your staff has been informed, the reinvestigation report is undergoing proprietary review and will be made available as soon as,the. process is com-pleted.
Responses to your questions are presented in Enclosure 1.
Copies of internal NRC staff memoranda which related to the Hayward Tyler Pump Company or the conduct of the investigation by the NRC which have been written since April 6, 1982 are presented in. Enclosure 2.
I am enclosing under separate cover two additional NRC staff memoranda, subject above.
Your assistance in limiting disclosure of these two documents would be appreciated.
I trust this information is responsive to your concerns.
If you have any questions regarding our response, do not hesitate to contact us.
Sincerely,
. &G Nunzi' J.
alladino
Enclosures:
1.
Responses to questions 2.
NRC internal memoranda i
cc: Ron Marlenee s
1 8301190409 830104 PDR COMMS NRCC CORRESPONDENCE PDR
l l
Euclosure 1 FISPONSE TO CEAIRMAN MA?a l'S QUISTIONS-
"a e
QUESTION 1:
What disciplinary or other actions have been taken toward the NRC personnel involved in the original investigation? Specifically, what is the current status of Mr. Karl Seyfrit and Mr. John Collins at the NRC? Please explain the current duties and po-sitions held by these staff members and provide an explanation for any changes in these duties-since the April 6 hearing.
ANSWER:
No disciplinary action has been taken against NRC personnel involved in the original investigation. A detailed rationale is included in a letter to Congressman Ottinger of May 28,1982(attached).
Mr. Collins holds the position of Regional Administrator, NRC, Region IV, a position to which he was assigned on November 22, 1981, having previously been assigned as Deputy Regional Director, Region IV.
(An NRC reorganization is responsible for the change in title from Director to Administrator).
On November 22, 1981, Mr. Seyfrit was reassigned from the position of Regional Director, Region. IV to Deputy Regional Administrator, Region IV in conjunction with the reorganization on that date. Mr. Seyfrit was subsequently reassigned from the position of Deputy Regional Administrator, Region IV on July 4,1982 to the position of Chief, Reactor Operations Analysis Branch, Office of Analysis and Evaluation of Operational Data in NRC Headquarters.
These transfers were the result of management delib-erations which preceded any of the activities associated with the investi-gation into the Hayward Tyler pump matter.
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QUESTION 2: Mr. John Collins has indicated in internal NRC documents that he felt the allegations in the Hayward Tyler matter represented potentially criminal actions (see February 23, 1982 memorar.dum by Collins to Off,ce of Inspector and Auditor).
To what extent has the unauthorized release of the first investigation report affected the effectiveness of the reinvestigation, particularly the aspects regarding the potentially criminal aspects referred to by Mr. Collins?
ANSWER:
It is not possible to determine the exact extent of any affect that the release of the report and public6 tion of allegations in the press had on the effectiveness of the continuing NRC investigation and inspection including potentially criminal aspects.
The investigation / inspection team was apprised of the release prior to initiating its work.
A Region IV investigator did believe that the release affected his subsequent investigation somewhat by allowing Hayward-Tyler Pump Company officials to tailor their comments to address preexisting areas of concern.
However, in no case did the team find that documentation or information sought after was withheld.
Further, it should be noted that areas of inquiry were later pursued in greater depth and it was apparent in a number of cases the the extent and depth of these examinations were not anticipated by Hayward-Tyler Pump Company.
QUESTION 3: A major focus of the April 6 hearing dealt with the relationship between present and former NRC officials.
Has the Comission proposed or implemented any guide-4 lines relating to this issue?
ANSWER:
Conduct of NRC employees is generally governed by the Commission's regulations in 10 CFR Part 0.
Sections 0.735-26 and 0.735-27 of 10 CFR Part 0 (copies attached) specifically address the matter of disqualification of former NRC employees from representing other persons before the agency and the responsibility of current NRC officials when dealing with former employees.
No new guidelines have been proposed as a result of this incident.
However, the Executive Director for Operations issued a memorandum on April 6,1981 (copy attached) directing that meetings with any representa-tives of organizations or individuals under investigation be properly documented and recorded in the investigative file.
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PART 0
- CONDUCT Oi EMPLOYEES l c.735-M ::d.a-':stten of fc--,e (d) cf dis se:t:n.*eewi g!y n;nsent,
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ce:e s a-e e-;':yees t e ne ci ald. c:unsel. a deise c:=sel c: assist
- ceste -?.. f:- e* :Jes o :. cal b te; esent 4 any cier ;crs::(except res:.c. sy.tes:(s.aU':st::n of r,a iners '
the Ur.!:ed States) by perser.al;tese:ce cf eu e-t stf.ee s amt e ;':yees pasN!
at any fc=al er bf:=al appearance cm i U.s.c.2ct)-
befora:
(a) N: e=;hyee, t!!e te= bating (i) a:y de;a.-t=ent, agehey, court, i
N;sC e=;h>=ent. shall'ecwi 4 y aet c::: = art al. c: any chi!. =ilita / or
?
as a;ent or atterney f::, r cderaise caval ce=-dssion of the United States I
re;:esent. any cae: persen (ex:ept the er the Dist:ict of Columbia. or any l
United States) b any f:=al or L-J:=al of5cer c e=;Icyar dereef. a.nd a;;earance bef: e. cr.wiS Se bient to (U)in cer ecten with a:y.jude!al or t
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!nfluence. = ale any c:a1 or written cier;;oceeE.g a;;!icati:n.nquest c:=u.-ha ti:n en behalf cf any other f:r a rai 4 er o$er dete= bat!ca.
- perse:[u:ept the United States) to:
contra ct. c!a!=. cc:::cversy, I
(1) ay de; art =est. age::y, court, bvesUgatier. charge, aecusaties ar st c: cSet peden!c =atier bveh'..g a court mtial, er any civil. =ilitary'or t
naval ec=issics cf the United States spe:15e party c: parties b which the UO!!ed States er the Dist:i:t cf Columb!a er the Dist-!ct cf Columbia, er any effi:er er e=;1cyee thereof, and is a pety er has a direct a.nd substantal
(:) b con.nection wiS any judic!d or intenst. and J
cier ; ::eeding. ap;11:atien, request
(!!!)in whid Se bdhidual f:: a ru'ing c: c$er deter =1. aten, par'.!:!;ated;e sena!!y and centra et, clai:n. cont:m ersy, sab: antially'as an e=;teyee.'
ks e silj atien, cha:ge, a::25 a tion. arrest, (c) No e:n; cyee, cier dan a special cr cther particular =atter im ching a Cove:r.=e.! e=pk)et wh sen es for j
s;ecific party or ;uties b which the less than s[xty days in a ghen calendar j
United States or the District cf Columbia year, hasing been em;1oyed as s;e:1! ed
!s a party or has a direct and substantial in puagraph (d) cf Gis se:tien. shall, I
inte rest, and wieb ene s eu after teminatica of NRC e= ploy =ent.L :wi.4 y a:t as 1
(3)in which the bdhidual a
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part!:i;ated pers:nally and agent or atterney fer. or cee: wise
- substantial!y as an e=;hyee through e represent. eyene cSet than the United l rec==endatien. Se rendering of
, appearance before, cr,with the b!ent to
/
I de:isien, ar;r: vat, disa;;: eval.
5 States 6 any f:::.a! c:Irf: nal
? ad% ice. im est:gati:n er othe. aise, while
- Infhence, eake any cra! c: written l
so e=pic3 ed.
ce=unicatica e.hhalf cf anycne (b);1) No e=;!cye e sha!!. wiib two oSar dan de United States, to:
eats after tc=batir,g NRC
[g) e, g..,;,,, g,4,,.y l
e)r;,.:3=ert. knew =4.y act as agent orCc==issio and '
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attc=ey for c: cec.aise re; esent. any
(:) b cer. ectica wie any juSefa!.
oder persen (exce;t de U.ated States).
rule =tkhg. or other ;;c:a eing.
in a:y fe,r: sl c:Inic:cial a;;earance c;;1Ication.nq.est for a r I!.4c:cSer g
tekte. cr. wie the :ntent to i I.uence, de!e =inatien. c:ntraet, c! aim.
i
=ake any c-d c: written c:=unica*ien centr:veny, bvest!;atcI. cha ge, l
en ichal.f c! any cist persen (es:ept ac=sati:n. a est, er eder ;etes!tr de U-ited States) to:
=a tt er, and p
(i) a.ny de artment. a;cncy, cou:t.
(3) which is per.dhg befcre de' coutt=artia, or any civil. =ilitary or Co==issic: er in which de C:ni=!ssien caval ce=:srien of the t.nited States has e itect and substar.tialinterest.
cj;he Dist 'et,ef Ce{=bia. c: any (d:(1) Pa:apa;h (c) of t'is :e: tion c.. cer c: e=;.:yer _e ec., and
.."es to a
'sc e7e:e e^
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'yj'at a tat cf; y s ed in c:.5ed ocer ;.e:ee,e:Sen wi,6 any judicial c (S)in conn
.=g. app.i:stien request acccidng1: Sub:ha;ter Il cf Cha-of Tide 5.U..:ted States Code. c a'te fc: a runng c e..e ceter=Jnaten.
C. "- a c'~ cia'~* C- **** % c n y*-".a:Cu!at.en, arrest cc=;a:able c: peste: rate c! ay w 'ez F
- .\\ es!.Fati n Cha
- Te Cls..er aulgberi*y. or 6
c eder part:cu,.ar =ette.r in c.hi 4,,e a
. U) ta a p:sitie.n wh. h bvch es ic
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f"eClic ;&:*y or pa:D.estnw
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' @'c"C. ant dec.isicmmailr4 cr I
I Un:ted States er Se Dht:ict of Co'u=his I
is a par y or has a direct and substandal des.'"ted by the D.M*7 88
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. ector of the C:._..:e l
- .erest. and
'"I S ecnsu!
b (id} whid was actus'!y pend:rq ue. der CI.h'"c ^Cc==.E' ope.s..s sien. O.-dy ;:
0 hens for de ind.hid.;ars ef'icid restensibi:i'y as "lyO, e.asic rate of pay fer CC-;7 of j
an c=-5)cc w!:hi-/a peried ef ene year
'ri:: t's de timinaten cf such the General Sdedule ; es::ikd by eccten 533: cf T:tle 5.U..:ted States j
.. 3;e
[E c c: :yce sh'!. wiiin two Cede, c pesiGens whid av es'attshed w7 thin the Senict E.se:uth e S<nize l
} c a:s after ter--i.natin; NRC punuant to de Chil Se i:e Ref:-- Act M
c=;:e3=ent. as tre :7.edi. prapaph
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I cf 15:3 =ay be designated.
1
PNRT 0 e CONDUCT OF EMPLOYEES (2) The prohibition cf parapaph (c) of (h) ne prohbiten ::ntained in this secucn shall not app!y to
- p. rap.;h (c) cf $is ::1.:n sh '.! not a ppe ara nce s, ccm::: uni:ations, or app!y to appearan:es or represen'20.ty a f:.mer e=ployee, comm:.n!:ations by a f:=er emp!c> ee con:erning matters of a personal and who is:
indisid;al nature su:h as personal
(!) en e'e:?ed eC::a! cf a State or in: cme taxes or pe:sion be::efits: nor b:a! g n e.ntr ent. or shall the pr:hibition of that subse: tion e m;!:y=e:t is wd.a! oc:upat!on or (ii) s.h:s e ;nnci-prevent a fo: ner ereployee from making (Al an agency or Instr.= rney of a State er local or providing a statement. which is based g:u n=est. (B) an ac:redited depee.
on the fomer employee's own spe:ial panthg Ms:Irution ef h!gher education, knowledge in the particular area that is as dernedin section1 m(s) of the the subject of the statement, provided Higher Education Act of toS5. or (C) a that no compensdon is thereby. received.
other than that regularly provided for by -
hespital or medical research orgarlzation. exem;ted and defined law or regulation for witnesses.
under section 5ct(c)(3) of the Internal (i;if the Commission finds, after Resenue Code of 1954, and the
- 1 notice and opportunity for a hearing.
. that the fomer employee viof ated appearance.communica tion, or
- pararaph (a). (b). or (c) of this section, representationis on behalf of such the Co:nmission may prohibit that govern =ent. institution. hos pital, or person from making on behalf cf any w
cegsr.! ration.
(e) The ;rchib;tiens of paragraphs (a),
other persen (except the United States).
any infecal or for:nal appearance (b).and(c)of $is ection shall not before. or, with the intent to influence, app!) wIS :es;ect to the =allng of cor:=unications sefely for the purpese any oral or written cocimunication to.
the Com=Isalon on a pending matter of of fa.nishing scientific or technological business for a puiod not to exceed five Infe=ation under procedures acceptable to the Commission,or if the years. or may tala other appropriate
, Cc==lssioners in consultation with the discip!inary action. Such disciplinary
- Director of the Office of Cosernment action shall be subject to redew in an
- E6ies. make a cernfication, published in appropriate United States district court.
n the Federal Register, that the former The Commission's procedures for
- emp!
- )ce has outsta. ding qualifications irapisnu.ntira this subsee:icn are
(
- in a scientiflc. tech.ological, or other contained in NRC htanual Chapter 4124.
techni:a! discipline, and is acting with (j)The Office of Persont.cl rcsrcst to a rarticular mat!=r which hf an.gement has promu!gsted detai!cd requ:res sah c: lit:stions. and that the regulations explaining and Interpreting nation 4 interest w cu!d be strsed by the the pcst.empto> ment regulations set forth in this section. See 5 Code of participati:n of the for.ncr officer or Federal ReRulations Part 737.
employee.
(f) A partner of an NRC ernployee.
inc!cd:ng a spedal gevernment *
- 0.735 27 Appearances by former ernployee, sha!! not act as agent or attorr.cy far an>one other than the employees before NRC.
Un.ted S:.tes before any department.
agency. court. court. martial. or any cMI.
Waen a former employee proposes to m...:.ry. or nas al commission of the act as agent or attorney before an NRC Unned States or the District of office on behalf of anyone other than the Co!Lmbia. or any officer or employee Urmed States in connection with any of thereef. in conne:Sn with any judicial or other proceeding. application. request the matters cited in ! 0.73.L:6, he is for a ru!;ng or othcr determination, expected to mske known to the appro-contra ct. claim. c:ntros ersy, pnate official of the NRC office the fact '
ins estig ation. charge. accus ation, arrest.
of his former assignment with NRC. The or other particu!ar rnatter m which the h'*d I th' III ' di'I5I "
'**II )
Un;ted States orD: strict of Co!umbia is before Ahom the former employee a party or has a direct and substantial interest, and in which such employee appears, before transacting business with the forr.1er emplo> ee or authorizing participates or has participated person 4!) and substant: ally as an employets under his jumJiction to i
er p!syee through de:!sion, approval, tr:nsact any bus: ness with the former dis e pp.os al. recommend ation. the employee, sh all c all the former ret. der:ng cf adsice. invest'gation, or
- ~'ID "# 5 2*"U'"
I" *h* '*" UCU "5
- othe w:se. or whi:h is the subject of hia 2 d pen lties entamed :.n ! S U.S.C. 207.
off.:.a! ro;; s;hCity.
No NRC OII4tal of CCTIO)ee. es cept the (gl Nothing in this section shs!!
Qastal Counsel, shil vffer to the former prevert a former e pio>ee from giung c::.p:o> cc a..tcrpretation of 15 t'.S.C.
intmeny under cath. or fro'n r sking
.. st at = r.'s ts ;. ed to be made under
~207 as appl:rd to the s.tuat:an t hand.
pc@) of per12ry.
07
6 QUESTION 4:
Does the NRC plan to take any enforcement action against the Hayward-Tyler Company as a result of the reinvestigation?
If so, what action is contemplated?
If not, why not?
ANSWER: Our review of the results of the Office of Inspection and Enforcement Ill) Tnvestigation/ inspection team examination of the NRC Region IV investiga-tion / inspection reports and related correspondence and of the results of the team's continued investigation / inspection efforts into the allegations against the Hayward-Tyler Pump Company confirmed that Notices of Nonconformances should be issued for the instances of nonconformance indentified in Region IV inspection reports No. 82-02 and 82-03.
The notices were issued on December 22, 1982.
Under the existing regulatory framework, NRC holds licensees ultimately responsible for meeting quality assurance requirements, including those to assure quality of products and services supplied by others, and does not impose quality assurance requirements directly upon vendors.
IE concluded that the items of nonconformance identified are not violations of NRC requirements that would warrant escalated enforcement action in that no violations of 10 CFR Part 21 were identified.