ML20064G149

Comments on Whistleblower Protection Issue.Lists Violations Identified

ML20064G149
Person / Time
Site:	Crystal River
Issue date:	03/08/1994
From:	Wollesen E AFFILIATION NOT ASSIGNED
To:	Hankinson R NRC OFFICE OF THE INSPECTOR GENERAL (OIG)
References
FRN-58FR41108, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-70, RULE-PR-72 58FR41108-00065, 58FR41108-65, NUDOCS 9403160041
Download: ML20064G149 (4)

Text

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EDWARD S. WOLLESEN '

420 Winona Blvd Rochester NY 14617-M 45M 14 NO :01 ~{ NIA '

(716) 266-1156 _qw#. w-

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i TO: MR. RICHARD HANKINSON, INSPECTOR GENERAL MAIN JUSTICE BUILDING - ROOM 4706 $$/g/ND[ /

loth & Constitution washington D.C. 26530 g l (202) 514*4019 (or 2000) i I

March 8 1994 RE: A PLEA FOR HELP, COMPASSION, AND JUSTICE.  !

SUBJECT:

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• NUCLEAR AUDITOR TEPMINATED FOR ADDRESSING SAFETY AND QUALITY DEFICIENCIEd, -

ADMINISTFATIVE ODUTROLS (INCLUDING THE SECRETARY OF LABOR - PUTTING ASIDE HIS FICUIFID 30 DAY PERF0FMANCE) AND PROCESS HAVE DRAGGED ON FOR OVER 2 YEARS;

• NUCLEAP PLANT MANAGDEiT'S FAILUFI TO REPORT VIOLATIONS;

• NUCLEAR PLANT MANAGDE;T'S FAILURE TO FOLLOW PROCEDURES;

• NUCLEAR PLANT MANAGME4T'S FAILURE TO HAVE CONTROL OF PROCEDUPIS;  :

• NUCLEAR FIGULATORY CCMMISSION'S FAILUFI TO REPCRT VIOLATIONS, AND REPORTS COVER-UPS .i AS BEING OKAY;  ;

NUCLEAR REGUIATORY COMMISSION INSPEC'IDR GENERAL FAILS TO RESPOND. TO PEPORTED AtO t FOUNDED COVER-UPS;

• ADMINISTRATIVE LAW JUDGE 'IURNS HIS HEAD TO THE FACTS IN A CASE, ALLCHING ~

DISCRIMINATION TO RULE IN THE FULL SIGHT OF BLATANT DISCRIMINATION WHILE THE ALJ WAS CHARGED TO REPORT THE OBVIOUS WHISTLEE1/RER DISCRIMINATION  !

• SECRETARY OF LABOR FAILUFI 70 PERFORM PER THE FEDERAL LAW - THE SOL STATED HE IS 700 BUSY - OVER ONE YEAR LATE FOR A 30 DAY REQUIFID ACTION; DEAR MR. RI GARD HANKINSON, Inspector General; Why must the Congressional Laws take so long and be so ineffective? Facts presented  !

proved that FPC discriminated both in the nuclear whistleblower and in employee ,

' discrimination using intentional repeated harassmnt and interrogation. Some Florida Power  ;

Corporation documents were not accurate even though notarized (one fran a Director). The Nuclear Regulatory Cannission (NRC) was ccming to the site to investigate sployee harassment; one of the sployees the NRC contacted. was - without warning - terminated.

He had only a 10 year clean record, but is intimidated, harassed, threatened then terminated. The NRC saw the problens to be real, Quality Program degradation prevalent.

BUT the NRC put aside the report and reinvestigated to known areas that would provide a -

" flowery" appearance of the nuclear plants operations.  ;

Documents developed to report Quality Programs audits - are known to be untrue as written. Cover-up of blatant violations is related to be lack of knowledge on the part of the managers controlling the plant activities and procedures. These sam persons approve procedures that allowed a person to bring materials into and install them into a safety related system without following the plant required procedures. The plant threatened the two reporters - even though they were the only persons to work on resolving ,

the issue before the Technical Specifications were violated, as the plant was being started up - without the Operations staff even caring nor realizing the violation was imninent.

P 31 041 9403cg y 30 58FR41IOB PDR

Florida Power Corporation (FPC) was cited for violations f rom the allegations of Mr.

Edward S. Wollesen and FPC actions and testimony dtcing the hearings. After reporting, the NRC cited violations as non-cited-violations, but did not investigate to see the recurrence of the violations and cover-ups of past violations . The NRC has condoned l

- violations in the 1990's; the same violations that were the issue of a serious 1983  !

violation - still not resolved.

The criteria for Whist 1eblower discrimination, as defined by the Administrative Law Judge (ALJ), was tret clearly in the ALJ report; but the ALJ put aside the law, facts. The ALJ discriminated by knowing FPC allows employees to conduct private corporate business j and legal docurrent generation without even telling the a:ployees to stop, while FPC told the ALJ policy required FFC to terminate Mr. Wollesen for practicing comnunications on the company Electronic Mail (E-Mail); a practice Mr. Wollesen was told to do by the Local Area Network (IR4) administrator.

Other documents generated by FPC were hidden from the employees ef fected. These doctnents were proven to be very tralicious, damaging, and very untrue. Documents used. as basis for termination reasons were not substantiate. Docurrents FPC found, were not proved [

to be anything more that useless papers - but the AL3 war forced to use them. No one can -

identify them as real doctnents. They were found vnder very questionable and not investigation techniques. 'The documents were declared to have been taken f rom M.

Wollesen's desk. The investigator had: no knowledge who Mr. Wollesen worked for, no knowledge where Mr. Wollesen was working - not even art knowledge of what building Mr.

Wol1esen worked in, no knowledge of what office P.r. Wol1nsen was working in. Mr. Pelham '

just walked into an orfice (locatM in a building down the street from the building Mr.

Wo11esen was working in) and opened a locked drawer, and just happened to find these docurrents . Doctuents that could have been trade anywhea in the FPC PC areas. These were  ;

allowM - WE? IF FpC's case was true and clear the doctnents would not have been needed.

• But the doctrrents were the only case they had. Not even close to enough to teminate an l employee, sorte form of the discipline might be warranted. BUT FPC allows others to conduct  !

their corporate business on company time, using all types of equiprent; and testifies that those people used poor canagement decision - discrinination -

As you have read, there are rrany violations made by the plant, NRC and the IG, not to trention the violation of law by the Secretary of Labor. I have contacted trany agencies, and people for help. The help I seek is for the industry, the plant, the employees still there under this mnagement who was able to " win" a NO case case. This was to be an example in others, violate the requirements, violate the requirenents to document the violations or follow Mr. Wollesen. FpC feels very confident that they can power the IEC, ALJ and anyone else to get rid of people who will not cover-up violations. Following FPC's directions puts the efrployee in a worse position. At any time FPC can doctrrent the eployee's f ailure to follow procedures. The NRC would follow that " band wagon" even easier than the issues against Mr. Wolleren.

My issues reported to the NRC during my whistleblower complaint were involved and technical. By March 1992 the IEC had indicated to the meloyees at FPC that Mr. Wollesen was a " thorn in the IEC's side". That word and the recomrendation of an ex-IEC inspector, i I reported to the !EC Inspector General . I thought the response would be dif ferent but not so. I even reported that the IEC documentM a cover-up as being no problem. Actions have been few, if any Twice I reques%d to address the !EC and the IG's office. This was never done.

Special Agent Lyle finith was very much very much in favor of this treeting. THE IEC refused. I listed the materials needed, and outlined the issues. The IEC acted as if they CAN NOT investigate nor report violations in the Florida Power Corporation's Nuclear Power 2

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Plant - Crystal River 3 (CR-3). This is clearly decnstrated by the NON Eeporting of the

. investigation conducted May 13-17, 1991. WHY were the violations found hidden? Why were the !EC investigators unable to uncover the issues in violation? i Managers at CR3 do not follow the procedures they write. Mr. Alberdi feels that sorre l procedures need to f ollow his procedures writing procedure, AI-400 series, and sme do not.

The signatures on the review package indicate full compliance to the AI-400 procedures but  ;

that does not happen. AI-300 Revision 3 did not comply. Mr. Alberdi also distributed a  ;

tranual . Never kept the manual up-to-date. It was to give the Plant Review Corrmittee (PRC) r instructions the NRC required. The books were grossly out of date, the procedures in the book were out of date. How could the PRC function? The function of the PRC was so poor -

that the FRC approved the vendor to install parts f rom his attache case in the plant safety ,

related systems. I discovered this and I helped the plant resolve the pending problems. .

The plant worked to terrainate tre.

'Se Technical Specificaticn 6.8.2.1 was not being emplied with. Mr. Alberdi saw l no problem, but he nor anyone was able to produce traceable documents to show correliance;  :

there are none. The PRC could not perf orm without this information, but they just did  !

something while not caring. The PRC review of the procedures is by the seat of their  ;

pants. It looked great to the NRC; but it still does not meet the Technical Specifications

- part of the license requirerrents for operation of the plant. Only luck keeps things going as well as it operates. I do believe - as a 24 year professional - that an accident ,

is just waiting to happen. And the Drergency Of f Site Facility (EOF) lost control of the procedures and docurrents there. Recovery from the accident is questionable. The NRC knows this information, Most of this infonnation for years; but the NRC has no concern. They ,

can not report nor identify the issues as they exist. WHO can effect and WHY can they ef fect the NEC, ALJ, and is pressure being applied to the State Of Florida Unemployment  :

Appeals - Appellate court (the court has blatantly violated The Florida Rules for Appellate ]

Procedures, as well as to the Secretary Of Labor?

i I am asking f or your help, not just f or my sel f , but the public, and the power

.l industry.

Sincerel y , ,

G_ - --

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Edward S. Wolleftn certified Mail # P 016 498 666 t ec: see attached li_ . ,

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l Copies to:

l The Honorable Louise Slaughter Louis D. Putney, Esq.

2421 Rayburn House Of fice Building 4805 S. Hines Avenue Washington D" 20515-3229 Tampa, FL 33611 THE CHIEF, RULES REVIEH PSD DIRE'TIVES Cheryl Christopher ERA!iO! 4:25 W. Henrietta Road MAIL S7OP: P-223 Rochester !ff 14623 U.S. NUCLEAR RE'ULATORY CCM4ISSION WASHIN7X/U DC 20555 David Neufeld 47 West 66th Street Richard J. Ellictt, Esq. tri Tri . 10023 Elliott, Stern, and Calabrere 1 E. thin Street Rochester NY 14614 Mr. Lyle E. Smith Special Agent ,

U.S. Nuclear Regulatory Ccanissicn Office of the Inspector General i

MNEB 6715 Washington DC 20555 Mr. Mike Wallace 555 West 57th Street Iri . ITI. 10019 Mr. Don Hewitt 555 West 57th Street Irl. Irf. 10019 Barrice Lynn Tapia 607 14th Street N.W.

Suite 600 Washington DC 20005 Mr. Oscar Di Miranda r Senior Allegations Coordinatcr, Eegion II US Nuclear Regulatory ComTdission P.O. Box B45 Atlanta Ga. 30301 Ms. Becky Socks The Gov ' t Accountability Project in WA, D.C.

310 1st Street NE, Suite C30 Washington DC 20002 202+408 0034 4