ML20062H767

Submits Requested Summary of Grounds for Criticism of IE Investigation Rept 50-322/79-24 as Being Whitewash.No Direct Evidence Indicates That Investigation Was Undermined. Lists Circumstantial Evidence.Related Correspondence Encl

ML20062H767
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/10/1980
From:	Chong L AFFILIATION NOT ASSIGNED
To:	Strickler J NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML19344E167	List: IR 05000322/1979024 ML20062H745 ML20062H749 ML20062H751 ML20062H756 ML20062H767 ML20062H770
References
NUDOCS 8008270560
Download: ML20062H767 (4)

Text

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. 1 LEIG. WON K. CHONG I i

a i . _ -c At Law 464. WEST BROADWAY NEW YORK. N.Y.10012 ax=== r== uzwT.  !

u.s. PATxwT & Ta.astwaan omcz July 10,19'30 .

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L Mr. Jerry Strickler Office of Inspe= tor and Auditor, LA-1200 U.S. N---1 ==~ Regulatory Ccn=sission Wych %gtca, D.C. 20555

Dear Sir:

?crther to our discussion by telephone regarding NRC investigation 50-322/79-24 of Ialleged deficient construction practices at the Shoreham a=1 writing in response to your request for a summary of

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,, nuclear plant,the gro nds for our criticism cf the 20,investigation 1980 to James as being Allan, a Deputy " whitewash".

I: doing so I refer you to my letter of May Di. rector, Region 1, ce=menting on the scope, methodology, and m findings of l the i=vestigation conducted by,Dr Charles Gallina and other . tC personne .

Since you have indicated that your office is not prepared to review the te M r=' issues of the report, I confine the itemization below to the circ.r: stances of the report rather than its contents.

- Although we provided Dr. Callina with all of the starting material for the investigation, we were excluded frem participation in or knowledge of its progress. We therefore have no direct evidence that Dr. Gallina de-liberately u=de_ ined the investigation However,in order to produce the following a sanitized circu= stances indi- re-port fave_able to the licensee. frustrated care that be, either deliberately or as a matter of agency mindset, a f- a-and candid investigation of the allegations: .

2, 1.

Dr. Gallina did not take effective steps to develop contacts vith at least half a dozen other witnesses whom he was advised =ight provide infor-By refusing to provide adequate assur-

=atic= on ecastruction deficiencies.

ances er to create an atmosphere of protectiveness for workers to feel en-couraged to r.zhe disclosures, he effectively cut off any possibility of ob-

?>%%g info =aticn from these and other potential witnesses.

2.

He breached his agreement to preserve in confidence the identity of Jock MrCrystal, a former worker who provided leads on persons likely toDr.be

- knowledgeable cf defects, from the persons whom P.r. McCrystal named.

< = 11 Nm atte=pred to excuse this breach by noting that Mr. McCrystal received l

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July 10, 195D '

Mr. :. Strickler substantial publicity for his testimony on ccnstructica defects in a pricr cc=rt proceeding. Eowever, there is no necessary connecticn between the pric: testimony and the identification of persons fcr the inve stigatien.

3. During the i=vestigatien, Dr. Gallina stated to me tnat a majcrity of the allegatio=s could be confirmed as having occurred, although many ~

He cf th'e deficiencies did not,in his opinion, have a safety significance.

also stated to Mr. McCrystal that 62 imprcper welds cf the ty Mr. McCrystal Dr. Gallina's repcrt on the in-identified had been found. In contrast, ve'stigation concludes that no basis to substantiate any of t}ie allegations was found, and it cites as infractions only two of the welding defects Mr.

McCrystal idenWied.

4. Some of the allegations, notably welding defects and the failure to follow pres =ribed concrete curing procedures, were in fact confirmed by thei inWes'tigation. However, Dr. r:21, Sa avoided crediting the allegations in h s report by the artifice of explaining that The the deficient partsoforthe practices l could meet applicable design standards. overall thrust allegations

- is that sloppy practices and work deficiencies are com on occurrences at the construction site. By focusing en the sufficiency of individual problem areas which were located, Dr. Gallina sidestepped the question of overall construction practices and the catcld deficiencies which may exist but were not located. ..

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5. Dr. gam 6's findings on allegation No. 30, regarding intimidation and pressure en w=rkers not to disclose information, is totally at odds with the circu= stances as they exist at Shoreham. Dr. Gallina was aware of the threats and unlawful actions directed at Jock McCrystal and John Everett,Hethe two ccustruction wcrkers who came forward with internation to the NEC.

alio knew that " 7 of the other witnesses who were contacted insisted that they remain anonymcus and not meet with him because their jchs and physical safety were at stake. Furthermore, given the acknowledged reality of practices at nuclear c=nstruction sites, the fact that Dr. Gallina received not a single call in response to his invitatien for worker disclosures shows that, the con-Dr..Gallina's spiracy of silence through intimidation at shoreham is absolute. .,

suggestion that the lack of response means that the project is defect-free makes a mockery of his role and the NRC's function in the investigation.

l In additien to the above circumstances, the shallowness of the investigation  !

methodology =akes it clearly evident that less than In diligent many effort cases was Dr.

applied Gallina to resolve he issues raised by the allegations.

relied for the =ost part upon the licensee's paperwork and the glib statements of its ==ployees and subcontractors to rebut the Toallegations the extent the without actually methodology

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testing the subject areas of the allegations.

of the investigation requires technical analysis, these areas n'ust be more carefully considered by review of the office of Inspection and Enforcement.

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3- . 22y 10, 1980

.w .r . J. Strickler Please let re know if you have any cuestiens en the above er if there is any further infer =ation I can provide.

Sincerely yc=rs,

~ u Lefchten K. Chong _

I.1C:mir cc: Bonorable Den Ebcua, U.S. House of Representatives

- Cc==ittee on Science and Technology John Ahearn, & = 4 mmn U.S. Nuclear Regulatory Cam 4sion 9

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-June 12,1980 ..

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., Leighton K Chang. Esquire -

464 West Broadway New York, New York 10012 - -

year Mr. Chon2 -

Thank you for your letter of May 27, 1980 advising me of your assessment of the

. Nuclear Regulatory Comission's investigation into the alleged construction defects at the Shore:.am Nuclear Power Plant. In essence, I understand your assessment to mean that the NRC has investigated your claims in a circumspect manner and, as'a result, did not substantiate your charges.

.2-We have contacted the Nuclear Regulatory Comission to seek their response to _

your criticis=s. They have advised me that they are reviewing the appropri-

.- . ateness of the scope, methodology and findings of their report pursuant to your

. .- rer. arks in your letter to Mr. Allan dated May 20, 1980. I would hope that their

-review adeg:ately responds to your comments. -

Your criticis=s'of the NRC investigation an'd report often involve presumotions, wfiich may or rzy not be correct, as to the methodology used in evaluating your claims. If correct, I do believe that further investigative action by NRC is necessary to a.ssure that a thorough inquiry will have been'made into.this matter.

I will be looking for the NRC response to your May 20, 1980 l etter, which I am re-questing fros the ERC with a copy of this 1etter to the Chairman of the Consission.

Thank you again for providing me with this follow-up information.

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DON FUQUA

• Chairman DF/Vm ,

cc: John Ahearre, Chairman U. S. Nuclear Regulatory Comission ,

Honorable John Wydler

,, He=ber of Cons ess .

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LEIGi TON K. CHONG

• A: ro=,<sv Av uw 454 WEST F,RCADWAY

,NENV YORK. N.Y. toot 2

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. L'5 "' * * * ~ * *** May 27, 1980

- 2,onorable von Fuqua RECEIVED

. Co:=ittee en Science and Technology

, t U.S. House of Hepresentatives UN-3 @ '

Suite 2321 Raybuni House Office 3u11 dins .J /.<J 6 -e

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- aashington, D. C. ~ 20515 cogyMTEE ON SCIEN, AND TECHNOLOGY Dea- Sir:

This is to advise you of developments subsequent to ry letter of January 10, 1980 regarding a' legations of defective

. . . construction at the Shorehan Nuclear Power Station in Long Island,

- New Xork'. - - -

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As you say know, the Nuclear Regulato y Co-4 ssion hais recently issued its investigation report which concluded that

. . . it could find no basis to substantiate any of the thirty alleg-ations. A careful rev4 ew of the report shows that the investig-ation was se-iously deficient and biased towa-d absolvins LILCO.

. . For your information, I enclose ,a copy of our response to the EEC repo-t detailing the failures of the investigation in its

so.cpe, nethodolc57, and substance. .

At the risk 'of seening repetitious, I state once as;ain that the history of shoddy construction practices at Shorehan, .

which the a7 7 e =ations only highlight, casts a doubt whether the reacter s%en can be operated without a major accident.

7ne NEO resocnse to these early warning signs has been and in

=11 ' Welihood will continue to be lackadaisica.1 in the absence

. . of a ste n nessage of Cons essional oversight. I stronsly urse you a=d the nenbers of your Co--*ttee to review this situation and to take cor ective action while it is still possible.

I would app sciate your making copies of this letter and the enclosed document available particularly to those senbers of your Cc-4 ttee from New York. ,

Sincerely yours, 2

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