ML20055E664

Responds to Re as Rosenthal Rept Concerning Ofc of Investigations Handling of Allegations Raised in 1986 by D Ellison on Facility

ML20055E664
Person / Time
Site:	Nine Mile Point
Issue date:	06/20/1989
From:	Zech L NRC COMMISSION (OCM)
To:	Sharp P HOUSE OF REP., ENERGY & COMMERCE
Shared Package
ML20055E654	List: ML20055E653 ML20055E664
References
FOIA-90-152 NUDOCS 9007120202
Download: ML20055E664 (5)

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June 20, 1989 '

CHAIRMAN 1

l The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy ano Commerce '

United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

I am S.

Alan responding Rosenthal's to your Hay 23, 1989. letter regarding Judge report tions' concerning the Office of Investiga- ,

Ellison with respect (0!'s) hanoling of allega tions raised in 1986- by Mr. Dou to the' Nine Mile Point. f acil.ity. The Commission agrees with your assessment that Judge Rosenthal and his tions. staff did an excellent job in reviewing the Ellison allega-I have directed the Nuclear Regulatory Commission (NRC) staff to conduct the reviews concerning generic procedures suggested of the results. in Judge Rosenthal's report and to advise the Commission With respect to

! investigations, your concerns about the initiation of the Fortuna General (Acting asMayou note in your letter, the NRC's Inspector with your concer)n,s. Irtin G. Malsch, is reviewing issues associated understand directly informedtoofyou hisregarding the Subcommittee's request to be keptthat M investigation, l

You takenalso withrequested respect totoMr. beFortuna.

kept informed of any steps that will be At the present time, there

, are decision.two separate matters involving Mr. Fortuna that are pending The- first concerns what disciplinary action, i f any,

) should be taken with respect to Mr. Fortuna's refusal to comply i with the directive from the Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support, Mr. Hugh' L Thompson, Inspector and to Auditor.

submit to an interview conducted by the Office of L Deputy Executive Director for-Regional Operations.That decision rests w Mr. Taylor is currently reviewing all the material submitted by Mr. Fortuna on this matter and expects to render a decision within the month. If l Mr. Fortuna is not satisfied with that decision, he may appeal it '

through NRC the Chapter Manual agency's grievance procedures, which are contained in 4157. '

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4 Rosenthal first report. is inves tigating. and'which-were not _ covere ness of these allegations that resulted in tho' decision to deta Mr. Fortuna to the the investigation byOffice Judgeof Administration pending completion of Rosenthal.- Since completion'of the investigetion by Judge Rosenthal has been' delayed while the NRC i

seeks enforcement of a subpoena for information relatedito the i I

Safety, Safeguards, and Operations-Support has determ  !

is in the best interest of the agency and the 01 program that Mr.

i Fortuna not be returned to O! at this time.  !

no basis at this time for intervening in the process, which- i regulations. appears to be proceeding in accordance with Federal personnel-  !

i Sincerely, }

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Lando W._Ze Y.

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cc: Representative Carlos J. Moorhead i

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7 The other matterc relatas directly to the 'alkegations -wl:1ch Judge Rosenthal-is investigating and which were not covered by his first report. I: am informed that it was-principally the' serious.

ness of these . allegations that. resulted in the decision to detail ,

Mr. Fortuna to the Of fica of LAdministration pending' completics of-

' the investigation by Judge Rosenthal'. .Since completion of.the investigation by Judge Rosenthal has-been delayed while the NRC l- seeks-enforcement of a subpeona. for informationL related to the

' investigation, the Deputy-Executive Director for- Nuclear' Materials Safety, Safeguards ' and Operations Support has determined -that 1t is in.the best interest:of the agency and the O! program-that Mr.

Fortuna not be returned to 01 at this time. While the Commission recognizes the' strong views' held by all parties involved, we see no basis at this time for intervening in the. process, which -

appears.to be. proceeding in accordance'with Federal personnel regulations. t i

Sincerely, Original signed by Lando W, Zech,= jr.

Lando W.-Zech, Jr.

cc: Representa tive Carlos J. Moorhead 1

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l The other matter relates directly to the allega ns.which Judge Rosenthal_is investigating and which were_not- overed by.his first report. I am informed that'it was pr cipally the serious-ness of t.hese allegations that resulted i the decision to detail Mr. Fortuna to the Office of Administra on pending completion of.

the investigation by Judge Rosenthal~. Since, completion of the i investigation by Judge Rosenthal ha been' delayed while the NRC 1

seeks enforcement of.a subpoena f information related to the -

L investigation, the Deputy-Execu ve Director for Nuclear Materials Safety Safeguards,. and Opera ons Support has determined.that it is in the best interest of- t e agency and the OI program that Mr. ,

Fortuna not .be returned to I:at-this time. While the Commission '

recognizes the. strong vi s-held by all parties. involved, we see no basis for interveni in the process'at this time.

Sincerely, ,

1.ando W. Zech,-Jr.

cc: Re esentative Carlos J. Moorhead f

4 Originating Office: ED0/DEDS _

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2 Pending completion of the investigation by-Judge Rosenthal, the Executive Director for Operations (ED0) recommends, and ! a!1ree, that it-is in the best -

interest of the Agency and the integrity of the 0,: program that Mr. Fortuna not be returned to 01. i l

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Lando W; Zech, Jr.

cc: Represectative Carlos J. Moorhead-l l

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