ML20050F908

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Responds to FOIA Request for Documents Re Ofc of Insp & Auditor Rept on IE Investigation.Portions of V Stello 810116 Memo Re Names Withheld (Ref FOIA Exemptions 7C & 7D).Other Documents Totally Withheld (Ref FOIA Exemption 5)
ML20050F908
Person / Time
Site: Zimmer
Issue date: 12/31/1981
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Devine T
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20050F909 List:
References
FOIA-81-488 NUDOCS 8204140016
Download: ML20050F908 (5)
v • d • e


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h UNITED STATES 4

p 8 y, Agi NUCLEAR REGULATORY COMMISSION

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l WASHINGTON, D. C. 20555 t

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V, Mr. Thomas Devine Government Accountability Project V,

1901 Que Street, N.W.

IN RESPONSE REFER ' '

Washington, DC 20009 TO F0IA-81-488

Dear Mr. Devine:

This is in partial response to your letter dated November 23, 1981, in which you requested, pursuant to the Freedom of Information Act, copies of documents prepared in connection with the Office of Inspector and Auditor's report on IE's investigation of the Zimmer Nuclear Power Station.

The sixteen documents listed on Appendix A to this letter are enclosed in their entirety.

Portions of document 1 of Appendix B contain the names of persons the release of which would constitute an unwarranted invasion of personal privacy and disclose the identities of confidential sources. These names are being withheld pursuant to exemption (7)(C) and (D) of the Freedom of Information Act (5 U.S.C. 552(b)(7)(C) and (D)) and 10 CFR 9.5(a)(7)(iii) and (iv) of the Commission's regulations. A portion of document 2 of Appendix B contains the name of a person the release of which would constitute an unwarranted invasion of personal privacy.

This withholding is being made pursuant to exemption (7)(C) of the Freedom of Information Act (5 U.S.C. 552(b)(7)(C)) and 10 CFR 9.5(a)(7)(iii).

The non-exempt portions of these documents are enclosed.

Documents 3 through 6 of Appendix B are communications between Commissioners and their staffs and constitute advice, opinions and recommendations.

l These documents contain no reasonably segregable factual material and are, therefore, being withheld in their entirety.

Release of this information would tend to inhibit future communications between and among Commissioners and their staffs, communication which is essential to the deliberative process. This information is being withheld to exemption (5) of the Freedom of Information Act (5 U.S.C. 552(pursuant b)(5))

and 10 CFR 9.5(a)(5).

Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of documents 1 and 2 of Appendix B are the undersigned and Mr. Richard C. DeYoung, Director, Office of Inspection and Enforcement.

The person responsible for the denial of docunents 3 through 6 of Appendix B is Samuel J.

Chilk, Secretary of the Commission.

8204140016 811231 PDR FOIA DEVINE81-488 PDR

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Mr. Thomas Devine The denial by fir. DeYoung and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter.

Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Connission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denials by Mr. Chilk may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.

Si

rely,

. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated i

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Re:

F0!A-81-488 APPENDIX A 1.

Memorandum to G. A. Phillip from V. Stello, Jr., dated 1/16/81 re: Merit System Protection Board - Charges by IPS 2.

Memorandum to V. Stello, Jr., from J. G. Keppler dated 1/12/81 re: Zimmer - Government Accountability Project Request for Investigation by Merit Systems Protection Board Concerning f[RC's Handling of Applegate Allegations.

3.

Memorandum to V. Stello, Jr., from J. G. Keppler dated 3/17/81 re: Investigation of Applegate Allegations Related to Zimer.

4.

Handwritten notes by K. Ward dated 9/81 5.

Memorandum to J. G. Keppler from J. E. Foster dated 9/21/81 re:

Supplementary Coments on OIA Report 6.

Memorandum to file from J. R. Sinclair dated 2/5/81 re: Investigations of IE Efforts Pertaining to Investigations of Alleged Construction Deficiencies at the Zimmer Nuclear Facility (Applegate) 7.

Memorandum to J. G. Keppler from R. A. Fortuna dated 1/29/81' re:

Confidentiality and Restriction of Information Forwarded by the Office of Inspector and Auditor 8.

Memorandum to Chairman Ahearne from J. J. Cummings re: Thomas W.

Applegate Allegations 9.

Memorandum to W. J. Dircks from N. J. Palladino dated 9/4/81 re:

DIA Report 10.

Memorandum to J. J. Cumings from N. J. Palladino dated 10/2/81 re: DIA Report 11.

Memorandum to W. J. Dircks from N. J. Palladino dated 11/16/81 re: DIA Report 12.

Memorandum to Comission from J. J. Cummings dated 8/6/81 re: DIA Special Inquiry 13.

Letter to A. M. Tracey from J. J. Cumings dated 8/17/81 re: OIA Report 1

14.

Memorandum to V. J. Stello from J. J. Cumings dated 2/10/81 re:

Transfer of Documentation Provided By Government Accountability Project (2/9/81) i l

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Re:

F01A-81-488 APPEliDIX A 15.

Memorandum to J. G. Keppler from G. A. Phillip undated re:

j Comments on OIA Report 16 Memorandum to J. G. Keppler from J. E. Foster dated 9/3/81 re:

l OIA Report t

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l Re:

F01A-81-488 APPENDIX B 1.

Memorandum to files from G. A. Phillip dated 12/15/80 re: Zimmer Plant - Allegations.

2.

01A Report Chronology by Foster.

3.

October 29th draft letter to Udall with handwritten comments from Commissioner Bradford's Office at the top.

4.

October 30, 1981 memo to Chairman Palladino from Comm. Bradford re:

Proposed Draft Letter to Cong. Udall Regarding Zimmer.

5.

October 21, 1981 memo to Comm, Bradford from Tom Gibbon re: Udall Letter on Zimmer with handwritten comments.

6.

September 29, 1981 memo to Comm. Bradford from Tom Gibbon re: OIA Report on Zimmer.

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UNITED STATES

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g NUCLEAR REGULATORY COMMISSION g

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.E WASHINGT ON, D. C. 20555 e

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i 11EMORANDUM FOR: Gerald A. Phillip Senior Investigator, Region III FROM:

Victor Stello, Jr., Director t

Office of Inspection and Enforcement

SUBJECT:

MERIT SYSTEM PROTECTION BOARD - CHARGES BY IPS As you know, the Government Accountability Project of the Institute for Policy Studies has filed charges against you with the Office of Special Counsel of the Merit Systems Protection Board stemming from an investi-gation that you conducted at the Zimmer Nuclear Power Station in June 1980.

I am sure that as an investigator you understand that any charges of this nature must be subjected to a full and impartial investigation.

At the same time, however, I want you to know that I continue to have full confidence in both your personal integrity and professional competence.

You should not in any way construe the investigation by OIA as indicating any lessening of this confidence which you have earned over the 25 years that you have been with the AEC and NRC.

I respect the fact that you are the most senior of our investigators and have gained an enviable reputation for fairness and objectivity in the conduct of all of your investigations.

I have no reason to believe that your performance in the investigation in question was not in accordance with these same high standards.

It is a source of continuing concern to me that our inspectors and investi-gators are vulnerable to charges of this nature due to the high visibility of matters with which they become involved on a continuing basis.

I am even more concerned about the impact of charges of this nature upon the employee and his or her family.

There obviously is little that I can do to prevent such accusations from being made.

I can only hope that employees like your-self can take some comfort in the knowledge that I both understand the problem and regret the burden that you must bear both personally and professionally.

Please be assured that you continue to have my full support.

5 V ctor Stel o, Jr., Director Office of Inspection and Enforcement cc:

J. Ahearne P. Bradford V. Gilinsky J. Hendrie SECY f

W. Dircks K. Cornell J. Cummings J. iturray Regional Directors d

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UNITED STATES A

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NUCLEAR REGULATORY COMMISSION Ti'

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REGION 111 i.

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q 799 floOSEVELT ROAD - h d'i 4-

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GLEN ELLYN, ILLINOIS 60137

. i January 12, 1981 A

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.; Sq MDjoRANDUM TQR:. Viqtor Stello~, Jr..: Director.L OfficeofInspectionakl nu l'6 Enforcement-

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.4 - [y FROM:b i/s's1b ' Jamesi G.. Kappler/ Director' 4 - N P I.4 I N It M M $ U N ) _ H9 0

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SUBJECT:

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' ZIMMER - GOVERNMENT ACCOUNTABILITY ~ PROJECT A W P f Ed W M 4 ll "

t 14 A ra i !i.. I M t REQUEST.FOR INVESTICATION: BY MERIT SYSTEMS' PROTECTION RdNP>'d 1M i

i BOARD,CONCERNINCJRC'S HANDLING OF APPLEGATE ALLECATIONS' f D ' i J-M p.i

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In fullowup.ro our earlier telephone conversation,' Region III has freviewed

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the subject package..to: determine.a recommended course of action' for"NRC.* pas i i

'h ye see it.,three major issues need to be addressed.

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'These involve:1) thh I

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adequacy of:Rogion,III's earlier-investigation into ' allegations provided by l

'id l-i Mr. Applegate;,2) che. significance of what appear to be new"alle'gationd.

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't. b contained in.the package;~and 3)ithe'need for further inspect' ion' efforts' ini 'I @

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., Kight of. the gross -lack,of control-alleged. : Our recommendations with:iespect d'y'T!'

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.to these issues are as follows: '

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Adequacy of Region III's Earlier Investigation i'

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l' : i OIA willpbe conducting an: investigation, at the direction of Chairman r i

Ahearne, into Region's handling of~ the original Applegate allegations.:

We concur with this approach and will cooperate fully'with 'the !OIA ' i investigation (scheduled to commence January 13, 1981).

' IJP i

2.

Sinnificance of Apparent New Allegations it i

, Region III has reviewed the 19 allegations contained in the package-

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submitted by.the; Covernme:'t Accountability Project. A summary *of-

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this review is provided as an enclosure.. Overall, we believe we know '

i the, bases of some of the allegations, whereas others appear-to be' new l

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  • a allegations.

In any event,.. the lack of specificity 'of. the charges will

'"i require additional contact with Mr. Applegate to detemine whethkr ie !

r further NRC investigative effores are warranted. Because-RegionPIII's-

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handling of the earlier investigation is the focal point of the 'i '

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l ii ' e requested investigation by MSPB and these, new allegations.'are ' intertwined' 4 " ""i M with the previous investigation, we recommerid that pursuit of thesef

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allegations be performed independently by another Region.

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Victor Stello, -Jr.

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Need for Further inspection Efforts 1:<'*,

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Q ;;a,>.j :,.., ;. : ;It is ; Region.III's assessmen6 that ;the construction' inspection

  • program * %'MriN i d i,g f p 4 :

,, < i lat. Zimmerehas-been comparable) to' th'euinspectioni program 'at*otheryti M kto 4 li. L t'/

16.gl@. % QegioniIII, construction ' sites;andiliwhilen.' fairly: hight noncompliaiicbH 4ti.i@ hN1 h.;

Jlufple.m i a history,4 has resulted, and ainumbertofiqualityPassurAnde;probisinsfhaisM M'HINf %l u

%g.i; j d,! h 1. y been. identified. wei believe f the-quilitfcofsectual i 'enstrucsionbis@M H1494 (!t c

.p:3 j.l. ps p a.4,basica11yr Aound t-- ywith Jthe.: exception iof 5 pipe, support laystemsh (aMAtterW?ilWOc tO 9.< re a being pursued by 1 Region III).rH : itt@ N-

^-m T 'W5" Tib 'I N P d S'l' I%PW i h.f r. O Fy, i e,, Notwithatanding, ~ in considerationiofe the shabby image : portrayed byithe ! A NO4 i

Covernmentl Accountabilityt Project!s ipackage. the number of alle'gstions ! '" = Wul. '

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,, raised during the proj ect, 'and thei relatively large'nucher'ofr (uality*

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related issues identified by our. inspection. program, we believe i "

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confidence.would be enhanced by ! conducting a team inspection which would i ih m e

focus < on evaluating the completed construction work.. In this" regard,"' J d 1' '

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we would suggest establishing a team headedIup by a -Regioniothof than 4 ~ # '

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Region 111. The Region responsible for the!1nspection should have9a' ces's i '#L Nili.

c to inspectors from the remaining Regions;;ashneeded. 5The'teamiinspection

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should, utilize an' approach.similar toi. that.being developed! under' the! L 4'. NN !I h direction a f the Divisioni of. Program! Development and Appraisnli&If LyoWInt-N1 iip -

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,, approve of. this approach,r..the timingsof this inspection needs yourrinput l-f 9'ilil'iiti-concerning priorities.~ L Presently,t we'do inot have aufficient. manpossettoW r r iN i J.

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, i o two team inspections simultaneously,' and we ' are" scheduled to commence +.

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a team quality 6 assurance inspection at Clinton in early February. i A a L q

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'D'i':I Mr. Taylor would prefer to :have the Clinton inspection performed as-P i' 4 iL scheduled with the Zinsner:inspectionJ conducted af terwards, (late March eW "

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April).

Since Zimmer,is essentially complete, the-timing of.that i

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J" inspection is not criticalufrom a status ofi construction' aspectw Further- -

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more, should the new investigation disclose significant problems 2 the-i

'd 1-Clinton inspection could be interrupted and the team inspection started

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i at Zimmer.. However, my reaction is. that we should proce,ed with the i-i' Zimmer Team Inspection as a priority because of the visibility being i

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given to this matter.

We will be rcady to discuss our recommendations further with you at your convenience.

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James G. Kepp er i Director

Enclosure:

As stated cc v/encli R. C. DeYoung, IE J. H. Sniezek, IE N. C. Moseley IE D. Thompson, IE 1

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Revipw of the Government Accountability Project requeststo the terit Systems

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. ~ Protection. Board to. identify new information%to consider'forQossible"iY'; +h investigation at Zimmer.

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Page 13. ',

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>> F at: an' estimated labor cost of $320,000."" " 'KEI; knowingly installed an lm U4P CWWN

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. : 8 N@p@ d[.M.ing,ThMay... refer. to!jthe pipesi involved in iAllegation['2'iin'.'iN

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'N; DApplegatp Qas jof,ithebopinion(these-) pipes p oria'tpitastS th'ei!weldWee Efriplief$4'h 9' ib,!b!aI4t;iw:eo b,etweeg the.i timeiof;;the-two visits'; to' the i site du'ringithh'tiinihtlystf oht i MfWW '

4. pa g gb. 2000 pound. fittings, were. installed in 1979-on' residiselhead vane's/al'EboYgAOi M J 5000 pound fittings are required.!' i'

. h WM;d*8* %I$G""'5WL' This appears to be a,new allegation.

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"3.

.A radioactive waste drain <is clogged with concrete which' carelessly wa's' F i

poured into the drain."

This appears to be a new allegation'.

rc The,following excerpt from Page 8 of Inspection Report No.~80-02 W yh'u! it T M n,,,,

pertain to the above item. t

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", Test.ing. of the. auxiliary; building ventilationE(Procedure fl, i 2b8 3 4y q

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,,t d'- M4 test package is being held for another integrated system tiest after control !.Wii j

i of the, area is relinquished by the construction : department. ' The"inspectoO observed,that-obvious penetrations to the charcoal bedroom'had beeb'pluggeil; i M:

he also observed a plugged floor. drain.in the-room and questioned its'effecti #t' 3

on.an integrated systems test.

The systems engineer stated that' the drain 9 i had been cleared for the previous test and would be again for the final test'. (;

The need for this was discussed at the exit interview."

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A residue heat valve broke when a pipefitter bumped into it, raising new ', i l' questions about the quality of metal used for valves."

This appears to be a new allegation.

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Sensitive; parts. on welding rods are possibly damaged - through storage -at'-

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improh:r. temperatures, -and possibly lost throughi failurei to 'followiproper ' in i

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paperwork and labeling requirements."

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The following is -an exce'rpt from Page: 10 of Inspection Report No'. 80-19 '

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J' which relates to the above.

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" Weld rod warmer IA-18 was: observed on August 19, 1980,- to be deenergized with weld rod (E-7018) contained in it.

The weld rod issue form attached i

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,to.the warmer was dated; August 18, 1980, although weld r'od warmer IA-18 M':

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,. was listed: as missing bycthe, welding engineerr secretary >since' August'13, h d i

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.1980.. sThe. release and : check-in v forms.for : IA-18 :on; Augu'sthl8 P 1980 p'shose'd ' ' '!

. j 44 that ittwas.taken from theirod shack with one-halfcpound of E'7018
(lokh 6u i

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4 hydrogen) weld rodcand returned with no weld rod;1" As? of'Augu'sto29 p 1980,1in!' I id h t.. ip,

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gg;_.,i ii the.,warmcr :was not returned to rthe. rod shack." Weld 'rodbcontrol basi been N' l~ :" "

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.4..-broughtsto the attention oft the.licenseeufor many yea'rs?and has bein; citeds@Ha y :c,o. :as items-of-noncomplianceSat,least"Il'timesJin;theilast five yearsPthis? Ui M.d

,ilLirMinh n il s,y poncompliance.being the third ithis, year'.h This iites 'which is Irepetitivefo'fO Nd. I

. ThM.T;ntlet b 6 i Previously,iidentifiedritems of,noncompliancesin weld rod icontr' olflisYiridiEdi. It I b l' it,w ii y orn D. [ tive that. previous; corrective? actions have; been-inadequat'e.K Thid'wasthW#d l Pa y ei lit.J,m 0 i identified; as noncompliapee..with.10 CFR 50,1 AppendixlBr&Criterica' XVI 14W14 " il

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% w (Corrective Action);and :the Wm. H. 'Zimmer 7SAR." - ieCi"I3:OHW EJ %dI;7'

, i, : u,,,, jf6.. Argon gas valves efor: flushing oxygen,from pipes ' routine' ly are fleft iopenid@ 1 i $ F 4

. by,thesday, crew, causing the < night crew to be overcome iby gasy !a *problemt t iN'

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about which CG&E Safety Director Cummings expressed disinterest."c liin Oi.

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This appears to be a new allegation.

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"73 Prefabricated-piping received in 1977-has defective welds, but' construction!!'ll air supervisorp told crews nottto repair them because th'e welds -awerel(sic)ca' de l a !

a off-site."

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J-This was mentioned by-Applegate in.the context 4of A11egation:2 in ther' ec f!- I l'

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investigation except, thatuthe yeart was' 1979 :not' 1977i..:.The five' dropped idi Vi ' ' i :

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pipes were determined to have acceptable welds.

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,til The instruction by construction supervisors to crews is new.

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At least three sources contacted by. Applegate confirmed that an estimated i i,_

20% of the plant's prefabricated welds are~ defective."

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2' See comments on No. 7 above.

"9.- Engineering " designs" routinely are drawn, af ter the fact to conform with' i

piping tbat already had been installed."

The following is a pertinent excerpt:from Pages 2 and 3 of Inspection Report i a

i' o No. 80-16.

" Status of RIII Identified Items

. Items of noncompliance and unresolved matters trelative to -large' bore' pipe. ' h i

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, suspension systems that4Were not'installedsin!accordance with.the-designr di,S q

r.o drawings,: specifications u support component assembly designs, and were. H m

't without backup calculations were identified during RIII site inspection in il i

1 1978.

Since then, extensive efforts to correct the' problem have been a Init i

initiated and implemented in the A-E's office, and at the site. i>

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i However, the. exact status > and effectivenessiof. the program were not formally st

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. assessed and documentedsby the.licenseeit: ' At5 the. inspector'sr requestDthe sis i ! ' #

bfyly4 m licensee agreed to: conduct as comprehensive audit 'ofaall taspects:of.larg' er:Ltc: i i.

d v.t.,h %.... bore : suspension' system, activities, in particular (1):present. desigot controlll't ' 4 0 Mr ;.HNH o e, status,2 (2), effectiveness 4of 4 interfaces:.between 4 organizations,:(3)iconstruts N - (

3 r H w. : r: r. : tion iand QA/QC.. work' status andiwork' plansp and i.(4)1 expected. completionIdated M i 4.i J dit : i iti d - for-each of. Lhe implementation work functions..t The1results"arei toibei'predes :1%

111 } n;.w. i 1 sented to. RIII: either: orallyt or..in writingaby therend Jof 1980p'wdj p*id kW d,,i :t y J j

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h[ YIri e '!!O,s. Shock-absorbing; electrical > tray. hangers'tpreiriouslyIfoUnd bs'adis'factofy> ik billiiMil,:

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, W $Mim cont i.0arei still; unsafe idue to; faulty:. welds piand : electrical'icabl itraysiremainbs.htihiM e

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' i dangerously full."

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$ i..i..e. i. This eis a new allegation.G. As. indicated,' there have beeri. problems sitha Atr.Wi n. -

r b :. i n ; v: : ! e.lectrical trayi hangers..id The basis: for alleging they:arerstillt un' afe m.mb r... a l s

is not known.

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Regarding the. loading of cable trays, this matter was"ari allegation

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ii investigated in July 19791 See Investigation Report No.I 79-19.:

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rf'11., Sand and mud choke the feedwater pumps and intake flu'es fearrying makeup W !rii e

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.i ii. 1: a. water. to the cooling tower,abecause of a ' flaw :in.ithe. plant!s design;it i i t u 3.ii -

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Pumps used to rectify thei flaw quickly burn out.'!

.'d t u li. n, t >Jp H. i - ' i '.L s By-letter dated June 20,11979, CG&E subsiitted ta

  • letter to the NRC; identify-I n ! !:

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c ing a. silting condition which had-been discovered. in the. river pumpihouse s:: o. r 4

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. intake. flume andnintake; structure.,This matter.:hasibeen!followed:by!NRC h.4 n

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since that time.

2 "12. A design flaw in ithe: heatrexchanger control. panel permitted an operator >

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mistakenly to force 1200. pounds of pressure: through pipes only meant to i' t

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handle:300 pounds, ripping the pipe and: soaking electricians with;a hardo i

spray of water that would.have been radioactive had ;the plant.been!in-i::. >

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'i operation."

The following is a. pertinent excerpt from Inspection Report No. 79-29.

ci "10 CFR 50 Section 50.SS(e) Reportable Deficiencies o

i (Close:d) Over pressurization. ofithe steam jet air ejector heat exchangert :. 's r.

ii e i cs (tube side).1 NR number '7247R1, dated February 21', 1979 Vi stated thathoVer,l m.

n; pressure to:1200 psi of.the LPCS piping system occured t(sic) in additionP # mi i

. i: H i ii to others. sThe A-E (Sargent and Lundy) analyzed the piping system:and i.n ou valves with dispositions'as follows:

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Carbon steel piping 3/4" up to 12"-acceptable since: stress was well t i below yield point.

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The one stainless steel 3/4" pipe is likewise o.k.

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Six hundred pound valves,are acceptable with the pressure experienced-

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only being's repeat hydro test.

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4, T1 ree hundred ; pound.and,150. pound. valves the manufActubei sM1d bEWi "

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The relief valve causing ther problemi s'hould: be !retestebud >rebtd l M '"

!.,., ;,;$[,:. i. M, AprilJ.Gl979)}1 stated, thad the@alvefmanufact

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~h d-[f f b,h !,.,y leakage t 4

b4 M1 il ii ithout any. l'eaEii being idetected Laddiit"fuftherf a tatedi tihJdthd ihi.f [ i' ;.Shv5Ivi',ha[.. es u

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'd bieq demoved, testedDan'dlresetsof' set points #

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donE' iFThMNRM T(D

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+.g;had' no further questions regarding-thia - item." signed; as, comp i

I r ' W 9 ' WM M A

"13; There have been periods when there wereino security surveillance" ca..meras ' # d ~ '

during' nuclear fuel deliveries to 4the site, and perimeterisecurity'conkis ' f I' ted for. an extended period of only's :four foot chickenwiret fedce;"J t d M M

?

, Security surveillance cameras are not! required for nuclear! fuel'deliveriesi &

i l l,,, i Fencing.is not part of theisecurity protection of the' fuel being'itobed'it O d

the plant cite.

"14. A lax, attitude toward employee behavior was evidenced byVebmplete ddste ird!S1 n

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ll

,ii'j,,

of ' drinking and. drug useion the,Hsite') land, routine hiring hf temporaiyj

  • y' f' I S

~

labore'rs prone to-violence."

'+ :" 1 This is a new allegation.

,. 15. Employees fired for time cheating had been cheating with' the, expresis i 1

approval of management, audithe.only time cheaters fired were vocal;an'd a 1 knowledgeable critics of plant QA and ~ safety."

The allegation that the onlyscheaters who were fired were: those who we're '~ "

vocal and knowledgeable critics' of plant QA and safety is; new; " '

t

'd "16. CG&E had warned PH management to silence the radiographers at Zimmer, '

i who,were criticizing, CG&E's consistent approval of welds ' rejected by PM.'"' ' '

This allegation is new unless it refers to the taped telephone conversat' ions l'

between Applegate and. Peabody Magnaflux personnel.

If 2iti 'is these :donversail 4 ' -

tions, we have a copy of the tape.

'l Regarding CG&E's approval.cof. welds rejectediby Peabody,i this matter was e'i thi

examined during' the investigation of Applegate's allegations.

It ahodid '.%' i P t

also be noted that Peabody. does not-approve, or reject welds.

  • They' performed' the radiography and made a preliminary evaluaton but final responsibilitiyd !

'S

- 1 for acceptance o' f welds rests with Kaiser Engineers,'Inc' d'

C 1

I p17., Union pipefitters and PM employees have been intimidated by fear of '

' l 3 utility and industrywide reprisals should they complain about'QA practices'."-

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i. The basis for.this. statement is not known unless it refers to the. taped

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.i r s vu a. c. i.. a conversations referred:'to.:under Item.16G IIntimidationtofspipefittersiis :i:4.t.1 ly 1

a new item.

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e i n.d / +.n!!18. A iXEI.emp'loyeerhasq kept raldetailed. journal! cfisafetyLhaiiardsland lincidents d i W rp l

?

. at Zimmer." -

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_. _ty.irji! g:.9 a Applegate.: provided.sthe name,of.such,an.individua1W An:effdreErasJmadeatour p pelm Mni hu :: hut.1:n h contacththe 2individualabuttwe nwere iinformedi.noionecwithnthatinameksiihtuitSiili:ilrY

~ p:I tiiQp!Mst!b o esployedratr.the: site &HavingLno: additional:linformation.icdicerhi6Ftheheti hiliili i

Muh lusryki m.c,.. purpose tor. content sof suchsaujournale.:the9 matter was anotdpursusdafurtherbr:f, diW

.c 7..

..v.,

..he:NO%l'19.:. A commonl!.' joke" among:pipefitters JaL Zimmer..is: thatSthep willi [b'eihundreds' f W D C

. i t ve' u.e m

.of. miles away iwhen'.the.. plants goes on lineiJdue to<their)predictionsuofe sia lui liis.,

i-disastrous accident."

l

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" 0...U m:d : ' i'Ple ; u i t i: " :.

This item requires no coiment.

ii, Page 18.

t.i!.-

U...P.M.. rejected approximately.239% of the Zimmer welds, :or. three times the a li nn industry average..(Hertsgaard. Interview)." 'r.U

  1. i: UN m.n M n L
o. t i. -

4 ie; i p This. allegation;is new.and.we.have :not:.seen -the.Hertsgaard:.interviewtijl.iali:i n. s. r q a. t,.

6 u f i :.!!... employees' charged ithat records might be unreliable.because-XEI pressuredt the L.iTbi A e ni radiographers itu rush ithe:x-rays and perforet the rtests< under; imperfect':conditionse hk '.

st,,

.a

, a m, i m The..' pressure to produce' ivas'tlikely to :produceilow quality.radiographydh t.nidib. i sc This allegation.is.new. As indicated in.the investigation reportti we hadil n :ibit..,.

identified : problems relating sto:: radiography <during inspections. conducted :in :rimiis : 16 1978 and 1919.

Page 19.

Applegate '!... passed along the employees' estimate that about 20% of the pre-i:

o :,

fabricated : piping contains defective welds. ; (Affidavit at 8.). Furtheri-he 1 2 1..

e-reported that.-KEI policy forbids repairing:these defects. even af ter radiographica ' i t i

detection.

(Hertsgaard Interview)."

i The investigation of Allegation 2 involving.five prefabricated pipes includedt 2:i-l

., a determinationithat the.weldarinsthese: pipes were'nott.defectiveleither:because i i i e of; improper handling upon receipt or the. quality.cf work.by the ;supplierm alfy.i ti,

i rany ofnthese. welds.-had: been determinedate be defectivep the matteruwould:.havem Ua...i i

j been investigated further.

i 1.

. Prefabricated piping.is: accompanied byicertifications : and documented evidence s na i

- thatithe welds :have.been examined and. meet specifications. c The: policy;iwhich t m i

is acceptable :to. NRC,.is that.such. pipe. is not normally subjected to WE.au. t i ;

the site.

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NUCLtAR RtGutATORY COMMI5510N i

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.r J E RE GION 88:

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.4L March 17, 1981

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MEMORANDUM FOR: t Victor StellopJr.;. Director, Of fice of11nspectdeidN1'if4 d,[i} ij:,'Ji) o and Enforcement,i

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FROM::: M..: a 1.. i. James G. Keppler,i Director.

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..any.

.!!.N H C hr t t! SUBJECTer.C iri! ilin i1NVESTICAILON':OF !APP MOW y

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t. a, sus. is:..The. purpose of thisanemorandum. is to update.you on. thei status fof.:ithisis 11hr :'. s.i st ".

.t i investigation: and:informryoulof.ourt future. course :of actionir 2.irif htis.ni-du. ti h fi :j.i u

m ir We expect: to:. complete. next. week our investigation of the. first:191 allegations i.;. i li.

n'. - n si:

received::from Mr. 4Applegate dyia. the Governmener Accountability Projectr(CAP));!:-tii n FL

i
..:

c.

o There have been no significant findings to dates : :Either the. allegations!.bave i t. tM i s not :been.. substantiated orp for those substantiated,:.there is.norsafetyMt 6in t..t ' : ei.

significance.

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I An a. result :of our. investigations linto thea 19 iallegations therethave.been da ( 9 it f Jedl=

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o about twice. that. many. additional: matters runcovered.v. iMe <are :nowain ethesprocess hd M

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c. oliinvestigat.ing.theseaandi.many imppear-to be esignificant; t 6SomenofdthenmorehJni ! t M

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r is r.:

. significantnones involve.badtveldsFon: atructuralesteel, simproperly~:voidedWih.Hi.Ih en.

> nonconformance : reports.u. lack: of : traceability rof structuralt materialsi;;nimproper ud a m.

. :r i n

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- socket: weldafitupsy improper weld inspection criteria, inadequate radiographs o det air

.. on many svendor supplied. welds,; and.. inadequate" Cincinnati Gas! & Electrich ni:id ni m:

t

. Company :(CG&E) quality assurance implementation.:. We anticipate 'abouts twon:4.i:i. v i.

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more :veeks. o f on-sitet investigation i toicomplete. our review of ;these : additional i:a Wi-items.

Of the original :19 allegations.our : findings from:intsrviewing various people.Ht a dif fer f rom:the. findings imade iby GAP in their. interviews iof.the Jsame. people.

+

t In: this. regard, we tintend: to request: a : meeting with the. GAP attorney s.: ii ~ r c t i. e i n

assigned to this case and. resolve :the i discrepancies.. :We shave rapprised the :. i inn r. i;.

Department.o f Justice (DOJ)e(i.e.,: the U.S..CrWa1. Division Attorney.u d.. a i r. m.1 -

assigned to ;0hio :andcthe Chief, Special: Processing Unit, ISouthern? Ohio; District:)i.

a-of' our > investigation ef fort.a t and.have:: confirmed. that. DOJ ihas iall information.e. nim ai i

ae provided.to.ius by ' GAP.

D03cinformed us' that. they have. found the informationitinW r,i ii 6.

to ib e.without, meritufrom.a1DOJ criminal. investigation : standpoint.. : tWe :will-keep ;t.u u.

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> i.D0Ja informed of f our einvest'igation progress.nespecially. in dareas..where lwe ibelieNieh:.N 2

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criminal findings may develop, i

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36 Ut.u i.1hers is some evidenesi of alcohol and! drug use ati the Zimer site in that 41 ' r 1 I it bi u l

i ti;i!

,eopty. bear containers > sad marijuana tcigarette.:butta ihaire :bnam' feend; r r 1 :e i.: ' il n i.1 i. ;i t

.i i t ' e ; i,. However. no oner. has r stated r that the 'use was ' extensiva or. that' such use j it n O ( -

1. i i: m Ii asy.have been yerformed :by persone mderithe' influence of -drugs or alcoh f r 4,r f.i : I y ;iF n: ::y y U. q ;_,;.we;are, stilk.'consideringi the haste way to address Phi = allega' tion.'ln'hiO4shii II,lh i$d ~,I i ;.

,w i..

T: W 4..w S r -l f)rlihFi..!!/J.W9 JPlan ito'mmet4with CGEEt withid'tha!aest' two weeksito di$ cuss'i eur :ffadingsD'l idt'i[tM e

~

Ni;in.s...!! ins tof r that timaLandrobtaina their resolutioni ofJ thamiiti At' thaii:etime we!01111i i lill Pllit* 0i,

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'r', 4 decida.whether any stop work ' order should be' issun'dh Fe '.Ntat:'#Nf+1h4hf t 8:4 WI Wl5 '

4

1f you have.any questions or
advice 4regarding the information presentad' above, W hi.i O

H a.. !.... i we would appreciate hearing from you,iy

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i in r b c' h? 1:l: il

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James G. Esppler i

Director cc:

R. C. DeYoung. IE J. H. Sniezak, IE i

D. Thompson, IE J. J. Cummings, OIA f.p.

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c bec:

R. E. Heishman.

1.

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C. E. Norclius J. F. Streeter R. F. Warnick P. A. Barrett J. B. McCarten ornc4,.___ -

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av 9/.ss 5 MEMORANDUM FOR: James G. Keppler, Director, Region III FROM:

James E. Toster, investigator

SUBJECT:

SUPPLEMENTARY COMMKNTS ON OIA REPORT " ADEQUACY OF I&E INVESTIGATION 50-358/80-09 AT THE WII.LIAM II. ZIMMER NUCLEAR POWER STATION" I have reviewed the subject report several t.imes now, and have suppicmentary comments to add tu my memo of September 3,1981.

One major point lu the OIA report is where they indicate (page 3, botton) "it was suspet Led and later confirmed that many of the [ GAP] allegations described in the petition were, in inct, not brought to the at.tention of Region III per-sonnel at the time of the initial investigation." This conclusion is apparently based on a two month review of GAP-supplied material and other inionnation.

No information is provided regarding the CAP-supplied information studied or which allegatious were determined to be subsequent to the Region 111 lavestiga-tion, or the method of confirmation of their suspit:iuns.

Mr. Phillip believes that the sole " confirmation" was his statemenLa to OIA personnel. The finding is one of the central findings of the report, apparently involving two months work, but,in given only one short paragraph in the report.

Less significantly, the following errors were noted:

Location Error Transmittal, Page 1 Wrong date for CIA report (report was apparenLly finalized July 30, 1981).

Transai ttaI, Page 2 No mention of W. Ward involvement.in investigation.

Page 2, Paragraph 4, Line 8 Region TTT did no't " require" this action, it was a licensec response.

Pay,c 8, Paragraph 1, Line 5 Wrong title for Schwiers, Manager, QA&S.

Page 23, Paragraph 2, Line 9 D,uane Danielson.

Page 29, Paragraph 2, I,iae 4 Tom Dantets, j

r

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.. +..,

~

James C. Keppler 2-Page 31, Paragraph 2, Line A Ed Lec.

Page 39, Paragraph 1, Line 1 February 19, 1981 date appears to be in error if comment on document request (page 34, l

paragraph 5, line 3) is correct.

l Page 39. Paragraph 2, Lines 4, Date is actually 1980.

5, aml 8

)

J. K. Foster Investigator j

1 RIII RIII Foxter/so Streeter 9/21/81 9

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UMITED STATES g",

7h NUCLEAR REGULATORY COMMISSION wAsm NGT ON, D. C. 20555 gc

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f February 5, 1981 4

MEMORANDUM FOR:

File John R. Sinclair, Investigator FROM:

Office of Inspector and Auditor INVESTIGATION OF IE EFFORTS PERTAINING TO INVESTIGA

SUBJECT:

OF ALLEGED CONSTRUCTION DEFICIENCIES AT THE ZIltiER NUCLEARFACILITY(APPLEGATE)

On February 3,1981, the Office of Inspector and Auditor (GIA) was telephonically contacted by Mr. Thomas Devine, Deputy Director, Government Accountability Project (GAP), who was attempting to establish the current status of both the OIA and IE investigations into claims made by Thomas Applegate.

Mr. Devine was advised that it was too early to make any complete assessments of the OIA investigative effort, however, work had been initiated and all of the initial information was being reviewed.

In response to the question of the IE investigative effort, Mr. Devine was advised that preliminary work was currently being done, but as yet there had not beenMr. De a formulation of a new IE investigation team.

he was not requesting a formal or official status report, but was merely trying to obtain a general picture of how things were proceeding.

Mr. Devine stated the primary purpose of his call was to apprise OIA that his organization had obtained additional affidavits from individuals, some of whom appear to have firsthand knowledge of specific alleged construction deficiencies at Zimer.

Mr. Devine indicated that there were approximately a dozen (12) new affidavits and statements (some unsigned). He believed that the infomation would assist NRC in resolving some of the allegations raised by Thomas Applegate and wanted to share the infomation. Mr. Devine explained that he had been contacting individuals who appeared to have specific infomation in order to obtain affidavits.

During this process many of the individuals expressed concern as to their " anonymity" and requested written' guarantees from GAP explaining the restrictions on the confidentiality of their According to Devine, GAP had provided this, but had not yet statements.

received an NRC memorandum restating the confidentiality procedures expressed during the first meeting (January 7,1981) between OIA representatives.

that the new infomation in his possession was available for OIA at our convenience.

81-18 N WO377

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January 29, 1981 HE}0RANDUM FOR: James G. Keppler, Director, Region III FROM:

Roger A. Fortuna, Assistant Director for Investigation, Office of Inspector and Auditor

SUBJECT:

CONFIDENTIALITY AND RESTRICTION OF INFORMATION FORWARDED BY THE OFFICE OF INSPECIOR AND AUDITOR (OIA)

During the initial phase of the OIA investigation into the IE investigation of the Thomas Applegate allegations by Region III, additional documentation and names of individuals were obtained from representatives of the Government Accountability Project (GAP). The documents were provided to OIA under the agreement that the individuals identities were to remain confidential and not identified in any report. The agreement which was reached by OIA and GAP representatives was also confirmed by telephone conversations between the Director, OIA, and GAP officials. Under the conditions set forth in the agreement, OIA guaranteed the confidentiality of the individuals by stating that identities would not be disclosed during the investigation or the reporting of the investigation. GAP was advised that the only exceptions to the agreement would be: 1) request by Congress, 2) adininistrative or judicial proceedings, and 3) request from official law enforcement agencies.

We, therefore, are furnishing the described documents to you under the same l

conditions which are binding upon you during the IE investigation into this matter.

Roger A. Fortuna Assistant Director for Investigation ggspp/JL 3894D N

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OFFICIAL EdECORD COPY

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W January 5, 1981 D

f *D'0P.MlPU!! 'FOR:Chaiman Ahearne ef,.

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Janes J. Cunnings, Director Office of Inspector and Auditor

SUBJECT:

THNAS U. APPLECATE ALLFCATIONS Attached is a letter to you from the Office of the Special Counsel dated Pecmber 29, 1980, which was directed to this office.

As you requested in your December 15, 1980, ncnorandun to ne, this office will investicate the adequacy of the Office of Inspection and inforcenent's (IF) handling of Applegate's allecations.

l'e will also refer to aprropriate lau enforcenent agencies any allecations of criminal activity beyond the scope of IE's current investigation of the safety issues raised by l'r. Applecate, fttachnent:

?sstated.(p,'a, u%d cc:

Connissioner Gilinsky, w/cy Special Counsel ltr Conrissioner llendrie, w/cy Special Counsel ltr Connissioner Bradford, w/cy Special Counsel ltr Victor Stello, u/ attach L. Rickwit, w/ attach Distribution A R1_ lL.

'~'-

OIA rdr Gambie Sinelair CONTACTS:

David Gamble John Sinclair oIA - 27 u0 i

yww;aus oIx-

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%,4, UNIThD STATES NUCLEAR REGULATORY COmmswviv 3

j WASHINGTON, D. C. 20555 k

8 g*****p September 4, 1981 CHAIRMAN MEMORANDUM FOR: William J. Dircks Executive Director for Opera ons

~

FROM:

Nunzio J. Palladino

SUBJECT:

OIA REPORT " ADEQUACY OF IE INVESTIGATION 50-358/80-09 AT THE WILLIAM H. ZIMMER NUCLEAR POWER STATION" By copy of an August 7, 1981 memorandum to me from the Director, OIA, you were furnished a copy of this 0IA report. Please provide me your comments on 01A's findings at your earliest convenience.

cc:

Commissioner Gilinsky Commissioner.Bradford Commissioner Ahearne Commissioner Roberts J. Cumings V. Stello J. Keppler e

9

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'e UNITED sT ATEs

!]

,,h NUCLEAR REGULATORY COMMISSION nf W ASHINGT ON, 0. C. 20535 October 2, 1981 CHAIRMAN MEMORANDUM FOR:

James J. Cummings, Director Office of Inspector and Auditor F RO M':

Nunzio J.

Palladino

SUBJECT:

OIA REPORT, " ADEQUACY OF IE INVESTIGATION 50-358/80-09 AT THE WILLIAM H.

ZIMMER NUCLEAR POWER STATION" In response to my September 4, 1981 memora ndum, the EDO provided comments to the Commission on the Zimmer report on September 18, 1981.

I would like you to review these comments and to submit, in a separate memorandum, any responses you wish to make to the EDO comments.

I have discussed this matter with the General Counsel, and he believes it is a reasonable approach.

For the interim, I prefer that you not make the July 30 report a public document.

The General Counsel's opinion is that the report can be withheld under the Freedom of Information Act.

-For your information, I intend to hold a meeting (or meetings as necessary) with OIA, EDO, and IE as soon as possible after I have received your response.

Following this, I will rep' ort promptly to the Commission on this matter and, absent something unforeseen, recommend that all reports and memoranda on this matter be furnished to the public at that time, cc:

Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Co6missioner Roberts W.

Dircks V.

Stello i

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}je acglc UNITED STATES I

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  • NUCLEAR REGULATORY COMMISSION W A$HINGT ON. D. C. 20555 A' -f November 16, 1981 CHAmMAN MEMORANDUM FOR:

William J. Dircks Executive Director for Operations FROM:

Hunzio J. Palladino

/

SUBJECT:

OIA REPORT ON THE ADEQUACY OF THE OIE INVESTIGATION AT T51E WILLIAM H. ZIMMER NUCLEAR POWER STATION I agree with 01A's finding that OIE's original investigation should haie' been more comprehensive.

I believe we need criteria ~ to determine the instances which require full-scale investigations.

The NRC does not have the resources to conduct in-depth investigations'in all instances, and such in-depth investigations are not called for by the circumstances of every case.

However, when a full investigation' is called ~ for, as. for example in the case of possible criminal conduct / NRC needs to. conduct that investigation consistent with fundamentaljstandards that. govern.

investigations by any agency.

Please develop guidelines for determining when to corduct investigations, and establish more formal investigative standards and procedures for such investigations.

I believe it could.be helpful to consult with OIA,

~

and perhaps with investigative agencies '6utside.the NRC!in Tonnection with this effort., I'would like you to provide SECY a' schedule indicating when you think the new guidelines, standards, and procedures 1can be completed.

l.

~

cc:

Commiss~ioner G'ilinsky

~

Commissioner Bradford Commissioner Ahearne y

s Commissioner Roberts lSECY-.

a 0GC OPE DIA OCA

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Alf6 6 1981 MEMORANDUM FOR: Chaiman Palladino Comissioner Gilinsky Comissioner Bradford Commissioner Ahearne Comissioner Roberts FROM:

James J. Cumings, Director Office of Inspector and Auditor OIA SPECIAL INQUIRY RE ADEQUACY OF IE INVESTIGATION

SUBJECT:

50-358/80-09 AT THE WILLIAM H. ZIMMER NUCLEAR POWER STATION Mr. Applegate's allegations with. respect to my actions in this matter are as follows:

Page 16 of original GAP Petition,

"For instance, Phillip st'ated that the NRC became aware of the allegations against Zimer after Applegate called on February 28.

On that date. Applegate called NRC Chaiman Ahearne.

In fact.

however, the process had, begun two weeks earlier on February 15, when Applegate called Inspection and Audit Director James Cumings to lodge his claims. Mr. Applegate called Cummings several more times before giving up in' frustration and contacting the Chaiman.

The releve t telephone bill for

r. Applegate's residence is attached M

as Exhibit 5.) Mr. Cumings received infomation which he apparently sat on."

Phillip Interview

" Senator Glenn's office p'rovided him with the name of James Cumings.

Director, OIA, NRC. Phillip then explained that Applegate claimed he contacted Cumings by ~ telephone and related the infomation concerning the problems at the Zimer site. Applegate also related to Phillip that he (Apple' gate) bec.ame frustrated with Cumings as a result of several telephone converations with Cumings which culminated with Cummings' requesting' that Applegate provide "something in writing" compiling the allegations. Phillip stated that Applegate thought about the request over a weekend and became angry.

According to Phillip, Applegate sta'ted that he was upset about the request because he (Applegate) ha'd been incurring personal expenditures to W

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bring the infomation to 'someone's attention and now he was requested to do more. Applegate said he then cllled Chainnan Ahearne's office who apparently referred the matter to IE."

In view of the above I think 1t appropriate for me to provide, for the

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record, my best recollection of the situation.

On February 19, 1981, Mr. Applegate called my office, spoke to nty secretary, and asked that I return his call. After several telephone attempts by both Mr. Applegate and myself, we finally spoke two or three days later. My best recollection of the highlights of this conversation is as follows:

Because of his investigation of the Zimer Plant, he feared for his

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life and wanted me to provide for. his transportation from Cincinnati, Ohio, to Washington, D.C., and to also, provide for his protective custody.

Applegate had been to both the Cincinnati FBI and the Cincinnati U.S. Attorney's office and had not received a satisfactory solution from these offices of his' problem..

He had currently locked himself in his home and was afraid to go outside because of the investigative reports he had written.

He reasoned that if he could give these reports to someone in the Federal Government, then the pressure would be off him, i.e., they would be out of his control and that being the case he could go about his business with l'ess fear.

Applegate did not trust NRC and would definitely not deal with the NRC Regional Office.

I told Applegate that I could 'not provide either the transportation or protective custody that he sought, but that I would be happy to receive his written investigative reports. regarding the Zimer Plant. Applegate told me that sqy having a copy 'of,his reports might solve his problems, but that he would have to thin.k about, it over the weekend and let me know of his decision.

After talking.to Appiegate I cal. led the C,incinnati FBI office and verified

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that Applegate had been to their. office seeking protective custody. The agent to whom I spoke characterized Mr. Applegate as apparently totally

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Several days later, exact date not recalled, probably about February 25 or,26 Applegate again called my office, but I was not in the office to receive his call. He called agai.n that same day and again I was not in 4

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to receive his call.

During the course.of his conversation with my secretary, during the second c'all, he asked for the name of igy supervisor.

My secretary provided this inforniation to. Applegate and then called fomer Chaiman Ahearne's secre.tary alerting her that I would be away from the office all day and she,might expect a call from Applegate. The next morning I was contacted by one of fomer Chaiman Ahearne's staff and told that he had spoken to Ap'plega'te and had referred him to the Office of Inspection and Enforc.ement (I,E)

That same day I was subsequently contacted by Bill Ward IE, who told me that he had spoken to Applegate and that Applegate had agreed 'to meet with Headquarters IE staff in Cincinnati in the next few day ~s..

In view of this arrangement I did not recontact Applegate.

i Distribution:

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August 17, 1981 l's. Ann fiarie Tracey Assistant U.S. Attorney linited States Attorney Southern District of Ohio' Cincinnati, Ohio 45202

Dear l's. Tracey:

Fnclosed is a copy of the Office of Inspector and Auditor's (OIA) report of investigation pertaining to an !!P.C investigation conducted in April 1980 by the Office of Inspection and Enforcement (IE) at the lfillian H.

lie are providing this report in Zinner !!uclear Construction Project.

order that your office rmains fully infomed of the results of investiga-tions conducted by the flRC at Zinner.

As discussed during our April 22, 1981 necting, OIA was tasked to investigate the adequacy of previous efforts at the Zinner site to resolve allegations of alleged faulty construction which nay have violated cuality assurance criteria set forth in flRC regulations and adversely effected flRC's ability to ensure natters effecting public health and safety.

Our report specifically focuses on the nerits of IE investigation 50-358/80-09 and " extends neither to the evaluation of other Pegion III actions relating to Zinner nor to the question of allegedly faulty construction at Zinner." However, DIA has initiated an investigation into the recent discoveries, by P.cgion III, relating to both alleged altering or falsifying docunentation and failures to conduct quality control inspections pursuant to Appendix B. Part 50. Title 10, Code of Federal Pegulations. These allegations as they pertain to regulatory violations have been the subject of a recently conpleted IE investigation.

This draft IE report of investigation will be forwarded to your office under senerate cover.

If there are any questions regarding this patter or assistance needed, feel free to contact Arthur Schnebelen, fcting Assistant Director for Investigation or John Sinclair of the investigative staff (301-492-7170).

Sincerely, l

Distribution blAFile_81-18

/s/ Arthur Schnebelen OIA File I.2.b.

Janes J. Cumings, Director L

JSinclair Office of Inspector and Auditor gy ; Art f o L l

Fnclosure:

OIA rpt of investigation OIA

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. FEB 101981 MEMORANDUM FOR: Victor J. Stello, Director

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FROM:

James J. Cumings, Director l bl 0

Office of Inspector and Auditor t

SUBJECT:

TRANSFER OF DOCUMENTATION PROVIDED BY GOVERNMENT ACCOUNTABILITY PROJECT (2/9/81)

Ref:

(A)MemoFortunatoKeppler,dtd1/29/81,

Subject:

Confidentiality and Restriction of Info Forwarded by Office of Inspector and Auditor (OIA)

Pursuant to the Chaiman's December 15, 1980 memorandum requesting OIA to investigate the adequacy of an investigation (50-358/80-90) conducted by the Office of Inspection and Enforcement into allegations raised by Thomas W. Applegate, this Office is furnishing the attached documentation in order for you to address possible safety issues.

DIA recently obtained the documents from representatives of the Government Accountability Project (GAP). pepresentatives of GAP have agreed to furnish all infomation which they have received as a result of interviews and inquiries into the Applegate allegations and are aware that DIA would provide the described information to IE if there were potential safety questions. The only condition for providing the statements and the identities of individuals related to the confidentiality and possible disclosure of the infomation. Reference (A) describes the conditions of the agreement and OIA is furnishing the enclosed material accompanied with the previously agreed upon restrictions.

Attachments:

1. GAP Memo Dtd 2/4/81
2. Hyde Affidavit Dtd 1/31/81
3. Harris Affidavit Dtd 1/31/81 l
4. Hofstadter Affidavit w/ enc 1 Dtd 1/29/81 cc: James Keppler, Region III p,a v,w m p l

Distribution:

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