ML20067B193

Comments on Plant Tour & General Licensing Process & Warns That Commissioner Concern for Fairness,Legality & Truth Is Not Shared by Remainder of NRC

ML20067B193
Person / Time
Site:	South Texas
Issue date:	11/20/1982
From:	Sinkin L AFFILIATION NOT ASSIGNED
To:	Asselstine J NRC COMMISSION (OCM)
References
NUDOCS 8212060083
Download: ML20067B193 (3)

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D3CHETED November 20, 1982 L'TlRC Commissioner James Asselstine 82 DBD -3 A9 :13 U. S. Nuclear Regulatory Commission Wa shingt o,n , D.. C . 20555 tv... u si g- cu t I;CCd::W & SERV!CE

Dear Commissioner Asselstine:

ERMICH .

At the conclusion of your visit to the South Texas Nuclear Project, you invited me to submit,any comments I might have to you in writing. As you re~c,ognized, I had chosen not to comment during the post.. tour meeting.

That choice was in part responsive to wha t a t the time appeared a s a tight schedule for you, in part a desire to avoid wrangling with HL&P/Bechtel/Eba sco personnel, and in part because what I really wanted to say was not appropriate in the context of that meeting.

I realize in retrospect that the NRC Staff /HL&P concern for your schedule waa merely an excuse to minimize your time at the plant. You saw wha t they wanted you to see, so you would be suitably impressed with the size of the plant and level of investment to date. I am sure having seen the magnitude of the project work to date, your vote on Phase I of the licensing decision wa s ma rginally a ffected, if only subliminally. That is a flaw in the NRC process which in part explains why no utility is denied opera ting licenses no matter how egregious their record.

Then there was the idle lunchtime chatter which revolved around the top management of the companies involved in STNP exchanging stories about getting caught speeding by the highway pa trol. I was not sure if nervousness in your presence produced admissions of illegal activities or whether the purpose was to convey a " Hey Jim we all make mis takes" camaraderie.

I can say, however, that the "Oh, what good boys we are" subsequent briefing gave the 11pression of an animated cartoon. Wha t else could they say to you?

When you asked how relations are between QA and -

construction, what answer could they give but " fine"?

The whole thing might just a s well ha ve been conducted in pantomime.

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Commissioner James Asselstine Page Two November 20, 1982 But STNP is not really the , reason I am writing this letter. I_am convinced STNP will be over within a year despite the NRC's best efforts to protect and save this project. I am far more concerned about the NRC itself.

Af ter four and a half years of dealing with, reading about, and researching the NRC, I am co nv'inv ed the NRC is fundamentally and terminally corrupt. I do

, not mean corrupt in terms of payoffs or anything criminal, but rather in terms of having abandoned all pretense of fulfilling its mission of protecting public health and sa fe ty.

The NRC investiga tive sta ff trea ts those providing informa tion a s suspect and begins developing explanations to avoid finding violations before investigations even begin. The NRC regional management refuses to take aggres,sive a ction against viola tors or suppresses nega tive investigative findings. The OELD is composed of professional contortionists whose briefs and prepared testimony guarantee a migraine if you a ssume they are to be read in the light of truth, logic, and law. ,

The licensing process is similar to the selling of indulgences by the Ca tholic Church in the Middle Ages.

Pay enough c.orsey to " independent" consultants and all guilt is absolved. Dependent on wha t I call " confessional regulation," the NRC avoids, where a t all possible, any real enforcement actions. After four years, I am convinced tha t wha tever proof of poor . performance an intervenor could present to a licensing board, the board or some higher level of the Commission would always find a reason to grant the application.

We intervenors mainly serve to give an appearance of legitimacy to the process. Personally, I look forward to a real court with real judges trained in law. Whild they will certainly be deferential ~to the NRC, at least the context will be jurisprudential rather than Alice in Wonderland.

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Commissioner James Asselstine Pa ge Three November 20, 1982 I'say all of this with one purpose in mind -- to warn you. I note,your vote favoring removal of-Judge Hill, a >

vote indica ting. to me a conc ern.. tha t. .the .NRC_ proc.e s s . . _

at the minimum give the appearance of fairn,ess. I note your vote against interfering in Indian Point, a vote indicating to me a recognition that due process forbids the Commission telling a party how they must put on their direct case. And I note your vote a,g'ainst the Commission preventing the Zimmer ASLB from reopening the licensing hearing, a vote indica ting to me a concern that the NRC err on the side of comprehensive consideration of licens,ing matters rather than suppressing ASLB efforts to inquir e.

The warning I send to you is that your concern for fa irne s s , legality, and truth is not shared by the rest of your agency (with some exceptions of course).

Reed the_two recent article by Daniel Ford in the New Yorker. Road any of the histories of the AEC/NRC.

The conclusion is inescapable that the operating pla nt s in this country are time bombs waiting to go off, thanks to the NRC. The AEC/NRC has been and continues to be an evil ma squerading as a protector.

One honest person or two cannot stem the tide 6f corruption that long ago engulfed the NRC. There may come a day when this fact is abundantly clear to you. At that time, I urge you to take the honorable pa th of the Chairman a t Indian Point, rather than risk destroying your reputa tion to try and save an agency beyond redemption.

They say an elephant will remain on its feet for days after being shot, even though dead. I think the NRC and the nuclear industry are essentially that elephant, dead long ago from self inflicted wounds but still standing. When they finally topple over, I hope you will not be found in the rubble. .

With re ards and respect, Lanny Sinkin 2207 D Nueces Austin, Texas 78705 O