ML20058F077
| ML20058F077 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 04/20/1982 |
| From: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Dircks B NRC |
| Shared Package | |
| ML20058A387 | List:
|
| References | |
| FOIA-82-206 NUDOCS 8207300286 | |
| Download: ML20058F077 (3) | |
Text
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799 ROOSEVELT ROAD CLE N E LL YN, ILLINOIS 61037 April 20, 1982 Bill Dircks:
Per your request, attached is a draft note sue:marizing what we know about the ex Region III investigator (Jim McCarten) providing information to Henry Myers concerning Zimmer.
Jim Keppler
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W. J. Dircks Executive Director for Operations FROM:
James C. Keppler, Regional Administrator
SUBJECT:
TRANSMITTAL OF ZIMMER INVESTICATION MATERIAL TO UDALL COMMITTEE During a telephone conversation with Jim McCarten, former Region III investigator, on April 19, 1982, Region III learned that McCarten had provided material pertinent to the Zimmer (Applegate) investigation to Henry Myers subsequent to McCarten's leaving NRC. Information provided by McCarten to Robert Warnick, Director of Region III Enforcement and Investigation staff, and other pertinent information is provided below:
1.
Subsequent to McCarten's resignation on February 27, 1982, he was provided by Region III investigators a copy of a computer listing of the remaining allegations being investigated by Region III as an outgrowth of the Zimmer investigation. McCarten had been the principal investigator in the Zimmer investigation and the purpose in having him review the computer list was to make sure that all known allegations were included in the followup investigation effort.
The telephone contact was to get the results of his review.
2.
McCarten told Warnick he had forwarded the computer list to Henry Myers (Udall Committee), along with copies of interview statements he had, and some "other documentation." He indicated that he had talked with Committee staff members on two occasions (did not say when) and they had requested him to send them all of the material he has relating to the Zimmer investigation. We did not determine who initiated the contact between McCarten and the Udall Committee staff.
3.
McCarten also told Warnick that he provided his personal feelings about the Zimmer investigation to Committee staff members. He indicated he told them the following:
a.
NRC had not done a good investigation. The investigation focussed on the "Applegate allegations" rather than on safety issues he thought should have been pursued.
b.
NRC management had not let him pursue criminality.
If he could have done it his way, he believes he could have proven criminality on the part of Zimmer management. Regional management had told him to focus on Applegate and stay out of criminality issues.
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The reasons McCarten left NRC are probably threefold:
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You will recall the subject investigation effort resulted in a fine
($200,000); in changes in a number of key people; in major upgrading of the project quality assurance program for ongoing activities; and in a required verification program of work completed to date.
During the investigation effort. Mr. McCarten expressed concerns from 6.
time to time about the focus of the investigation and on documentation of the investigation findings. I know he was particularly concerned that we brought in a second investigator to help close out and document certain elements of the investigation. Notwithstanding, I thought heHe was supportive of the overall way the investigation was conducted.
concurred in the final report. During the investigation he had numerous occasions to discuss the investigation with Mr. Cummings and other 01A representatives as well as representatives of the Department of Justice.
The Zimmer investigative effort has been coordinated with OIA and DOJ 7.
The Department of Justice has continued to on several occasions.
follow this investigation effort and plans to review all aspects of the l
case for possible criminal action after the total NRC investigative effort is completed.
The results of Warnick's call with McCarten have been discussed with 8.
He plans to contact McCarten for further information.
Mr. Cummings.
James G. Keppler Regional Administrator
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