ML20053B853
| ML20053B853 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/24/1982 |
| From: | Bernabei L HARMON & WEISS, HOURIHAN, P. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20053B854 | List: |
| References | |
| NUDOCS 8206010288 | |
| Download: ML20053B853 (8) | |
Text
- , p UNITED STATES OF AMERICA NUCLEAR, REGULATORY COMMISSION
.., 9 o-N 26 P3 M7 A/fW BEFORE THE ATOMIC SAWTY AND LICENSING BOARD UTE..
C 2 :;.:G 1 1:
In the Matter of
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ARIZONA PUBLIC SERVICE
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Docket Nos. STN 50-528 COMPANY, et al.
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STN 50-529
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STN 50-530 (Palo Verde Nuclear Generating ))
Station, Units 1, 2 and 3)
INTERVENOR'S MOTION FOR LEAVE TO FILE NEW CONTENTIONS AND FOR INDEPENDENT INVESTIGATION Pursuant to 10 CFR 2 714 and based on disclosures to her from a worker alleging serious prob 1 bas in the electrical systems at Palo Verde and falsification of reccrds in connection with these systems, Intervenor, Patricia Lee Hourihan moves for admiccion of two new contentions in this licensing procpedi$gt 1)
The electrical systems in the plant have not been constructed properly so as to ensure the protection of the public her.lth and safety and 2)
Internal reports about electrical work have been falsified.
Intervenor also requests this Board to order an p -.--..
independent investigation of these allegations,'.sinceathev.;.;m.g.c.c!
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NBC has on nt least two prior occasions ref sed to under-o,w. -.
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BACKGROUND 3...._
o During the last week of March, 1982, a[. worker at Palo ?
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Verde called Ms. Hourihan to tell her about serious problems l
1 he had seen in the co'nstruction of the elect 2ical] systems
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. at the plants.
Since she was out to town, he spoke to another woman in the Intervenor's office, Ms. Jill Morrison.
Among the problems he outlined to Ms. Morrison over the telephone were problems with the electrical systems at Palo Verde.
He also spoke to her about falsification of records on electri-cal work at the plant.
This worker had worked for two years at Palo Verde.
During the first week of April,1982, the worker met' with Ms. Hourihan and Ms. Morrison to outline the problems with the electrical systems.
He said he was afraid to make a public statement because workers who complained were blackballed from work at other nuclear plants, and he feared harassment.
Shortly after this meeting, the worker received a threat on his life over the telephone.
On April 6,1982, during the course of a conference call with Chairman Lazo, and other parties Intervenor, then unrepresented, told Chairman Lazo that she had received information from a worker at Palo Verde about serious problems with the electrical work at the plants, and tha^
she would file a new contention after obtaining more in-formation and verifying the charges.
l On April 30, 1962, after the completion of the first week of licensing hearings before this Board, Intervenor, Ms. Morrison, and Intervenor's attorney met with the worker to take an affidavit from him.
This affidavit, later r
refined and executed, describes serious problems in the l
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electrical systems at Palo Verde and falsification of records concerned with electrical systems.
The worker, in his affidavit, also details his attempt to discuss these electrical system deficiencies with the NRC, both with a representative at Palo Verde and with someone from the Las Vegan Office.
Both times he was told that the NRC could not help him.
He was referred to Mr.
E.E. Van Biunt, vice-president of APS.
When he called Mr.
l Van Brunt, he was told by Mr. Johnson in Mr. Van Brunt's office, that if he left his name and phone number Mr. Van 1
Brunt would call him back.
Prior to this series of phone calls the worker had told APS supervisors on-site about these problems and was always told not to worry abcut the problems because quality assurance would take care of them.
There-fore he did not leave his name and number with Mr. Van Brunt and did not call Mr. Van Drunt a second time.
After these futile attempts to obtain help from the NRC and APS, the worker called Intervenor after reading her name in the newspaper.
The worker has executed an affidavit but is unwilling to have the affidavit be made public or to testify publicly for fear of harassment and retaliation.
He is willing to testify before the Board.
Intervenor therefore, is requesting, by separate motion, a protective order whereby the worker may submit his affidavit and testify before the Licensing Board, subject to shielding of his identity and testimony from Joint Applicants.
i Intervenor now moves for admiscion of the following new contentions and requests an independent investigation of these allegations after disclosure of the affidavit, J
and testimony by the worker to the Licensing Boards 1)
The electrical systems at the Palo Verde plants have been improperly constructed, including those related to the safety systems, and thereby, do not adequately assure protection of the public health and safety.
2)
Records about construction of the electrical systems at Palo Verde have been falsified.
Therefore problems with Palo Verde electrical systems cannot be adequately checked by quality assurance to ensure that they do not endanger the public health and safety.
The basis for these two new contentions is the worker's affidavit which lists among the serious problems with the electrical systems the followings 1)
Work on electrical systems was not done according to specifications, 2)
Supervisors ordered workers to falsify records about work done on electrical systems: and 3)
Improper materials were used in construction of the electrical systems.
i The worker also states that many of the quality control inspectors were not qualified to inspect work done on electrical systems.
J As stated previously, as soon as the worker is afforded adequate protection by this Board he is willing to testify and to provide more specific basis for these contentions.
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D e He is also willing to speak to investigators independent of the NRC.
II.
INTERVENOR METS THE STANDARD OF 10 CFR 2 714 FOR SUBMISSION OF NEW CONTENTIONS The following requirements of 10 CFR 2 714 must be balanced to determine if late contentions will be admitted:
i (i)
Good cause for failure to file these contentions on timer (ii)
The availability of other means whereby the petit-ioner's interest will be protected (iii)
The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound records (iv)
The extent to which the petitioner's interest will be represented by existing parties:
( v)
The extent to which the petitioner's participation will broaden the issues or delay the proceeding.
Intervenor has good cause for her failure to submit these contentions at an earlier time in that the worker making the allegations on which her safety contentions are based did not come forward until a few weeks ago.1 I Intervenor put all parties on notice as soon as she received the allegation in late March and early April that she intended to file new contentions as soon as she was able to obtain more information on the charges and substantiate them.
Intervenor's counsel told Joint Applicants counsel after the first week of licensing proceedings that Intervenor would file a new contention as soon as the allegations were substantiated.
- Because of the seriousness of the charges and the problems encountered by Intervenor in getting workers to come forward to talk about safety problems at Palc Verde. Intervenor was unable to obtain an executed affidavit until last week.
Even now, because of a death threat made on his life, repeated failures by APS and the NRC to respond to his complaints about serious safety problems at Palo Verde, and blackballing of employees who bring forth complaints about irrproper construction work, the worker is unwilling to testify or submit his affidavit publicly.
Just as at innumerable other nuclear plants, across the country, hara'ssment and.
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intimidation are too often the consequences suffered by cciscientious, diligent workers who want to ensure that nuclear plants are constructed safely.
Because of APS' past reluctance to concern itself with the very same electrical system safety problems which this Wo'keril'ist's in this affidavit, litigation of'these issues r
before the Board will be the only way the public can be assured that the electrical systems at the plant, especially those connected to the plant safety systems, will function properly and protect the public health and safety.
Third, it is clear that these safety allegations would not now be before the Board unless Intervenor had brought them before the Board.
The worker chose to contact Intervenor only after receiving no response from the NRC, his superiors, and APS executives.
Therefore, it is clear that the only
. way a sound record will be developed on these allegations is through Intervenor's development of the record, with the aid of this worker.
This interest will not be adequately re-presented by any other party to t'.iis licensing proceeding.
The licensing hearings will continue this coming week and may be recessed a second time.
Therefore, this Board will not come to a decision for at least several months on whether and on what conditions to grant Joint Applicants' a license for Palo Verde.
Admission of Intervenor's new contentions and an independent investigation of the worker's serious allegations will not delay the proceedings.
Even though admission of these safety-related contentions will broaden the issues before this Board, they are too important to ignore.
Serious deficiencies in the electrical work related to the plants' safety systems, and falsification of records about the electrical work, could signify disaster in the event of a serious accident at Palo Verde.
At a minimum, this Board should order an independent investigation into these charges to determine for itself their accuracy and assure that all deficiencies are corrected.
III.
CONCLUSION l
For the foregoing reasons Intervenor Patricia Lee i
Mourihan respectfully requests that the Board admit her new contentions about deficiencies in the electrical work l
l related to the safety systems and the falsification of l
reports concerning this electrical work, and that the l
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- Board order an independent investigation of these allegations after hearing the testimony and reading the affidavit of the worker, subject to an order protecting his identity and the substance of his charges.
Respectfully submitted, A AA G
Lhrin Bernabei Couns 1 for Intervenor Harmon & Weiss 1725 I Street N.W.
Suite 506 Washington, D.C.
20006 (202) 833-9070 DATED:
May 24, 1982
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