ML20069H724

From kanterella
Jump to navigation Jump to search
Motion to Allow Witnesses Re NRC Investigation of Whistleblower Allegations.Testimony Probative & Will Cause Little Delay in Hearing.Certificate of Svc Encl.Related Correspondence
ML20069H724
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 03/29/1983
From: Ellis J
Citizens Association for Sound Energy
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20069H729 List:
References
NUDOCS 8304060360
Download: ML20069H724 (6)
v • d • e


Text

I k ,,

9EtxrEn connzsroxnnce 3/29/83 ~~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of I Docket Nos. 50-445 APPLICATI0ft 0F TEXAS UTILITif5 I GENERATING COMPANY, LT AL. FOR and 50-446 I

AN OPERATING LICENSE FOR ~ '

COMANCHE PEAK STEAM ELECTRIC I

STATION UNITS #1 AND #2 (CPSES)

CASE'S MOTION TO ALLOW WITNESSES REGARDING NRC'S INVESTIGATION OF ALLEGATIONS OF }4HISTLEBLOWERS CASE (Citizens Association for Sound Energy), Intervenor herein, hereby files this, its Motion to Allow Witnesses Regarding NRC's Investigation of Allegations of Whistleblowers.

In the Board's March 9,1983 Memorandum and Order (Memorializing Conference Call) (page 2), the Board stated:

" Insofar as questions have arisen concerning the nature, scope, and compe-tence of NRC investigations and the validity of their conclusions, these matters will be addressed through the Board witnesses. The parties may also question these witnesses. In _ addition, the parties may present their own witnesses on these matters if a showing is made that the witnesses will present material testimony which is cognizable in this proceeding."

CASE wishes to call the following witnesses in this matter. As the Board directed, we are including a brief statement regarding their testimony and its significance to this proceeding.

1. Dennis Culton -- Is expected to testify regarding his dealings with the NRC investigators following his limited appearance statement in the operating license hearings in September 1982. He will discuss, for exaniple, the 11/8/82 interview at the NRC Region IV offices between him and NRC investigators, at wisich CASE representative Juanita Ellis N

8304060360 830329 P.DR ADOCK 05000 4 5

- g -

was present. (See CASE's 12/21/82 Brief in Opposition to the NRC Staff's Exceptions to the Atomic Safety and Licensing Board's Order Denying Reconsideration of September 30, 1982, Attachment 10, for ,

rough transcript of that meeting typed by Mrs. Ellis from a tape-recording of the meeting.) He will also discuss the attitude of the NRC investigators and his feelings following the meeting with the NRC. (See CASE's 12/21/82 Brief for statements relayed by phone from Mr. Culton to Mrs. Ellis; this is Attachment 11 to the 12/21/82 Brief.)

Mr. Culton's testimony is vitally important to the issues being liti-gated in regarding to the NRC's investigation of allegations by whistle-blowers. As indicated in Attachments 10 and 11 of CASE's 12/21/82 Brief (which Mr. Culton will authenticate as to substance in his testi-many), Mr. Culton felt that he was being badgered, that the NRC investi-gators were attempting to intimidate and discredit him, and that they weren't really interested in investigating allegations. He was not at all satisfied with their manner of investigating. CASE believes that Mr. Culton is representative of a major problem with NRC investi-gations by Region IV.

2. .Roy Combs -- Is expected to testify regarding his dealings with the NRC investigators in response to the allegations of Henry and Darlene Stiner, about which the NRC contacted him. He will also testify about the aftermath of that investigation. (See CASE's 1/11/83 Argument on Issues, Attachments 5 and 6, for affidavits.) He will also testify regarding the NRC's handling of the investigation into his concerns as stated in his affidavits and the attitude of the NRC regarding that investigation. (See CASE's 2/21/83 Motions to (1) Respond to Applicants' Charges of Misconduct b Answer to CASE Motion and (y CASE; (2)for Supplement) Strike Applicants' Protective Orders;February and (3) 8,1983 Impose Sanctions Against Applicants , Attachment 1 -- striken by Board's Memorandum and Order of March 1,1983.) Also re: posting of NRC Form 3.
3. Robert L. Messerly -- Is expected to testify regarding his 2/3/83 Affidavit (attached to Supplement to CASE's Motion for Protective Orders for Poy Combs, Lester Smith, and Freddy Ray Harrell -- striken by Board's Nemorandum and Order of March 1,1983), and the fact that, although the concerns expressed in that Affidavit were very serious .

and although the NRC Region IV office and other NRC representatives received copies of it, he was never contacted by the NRC regarding it.

4. Lester Smith -- Is expected to testify regarding his 1/23/83 Affidavit (attached to CASE's 1/24/83 Motion for Protective Orders for Roy Combs, Lester Smith, and Freddy Ray Harrell -- striken by Board's Memorandum and Order of March 1,1983), and the fact that, although his concerns included violation of QC requirements and are potentially significant to these proceedings and although the NRC Region IV office and other NRC representatives received copies of it, he was never contacted by the NRC regarding it and the NRC was not present when he was interro-gated by Applicants on 2/1/83. Also re: posting of NRC Form 3.

i The testimony of these four individuals is expected to be rather brief.

However, their testimony goes to the very heart of the problem with the NRC Region IV investigations into allegations of whistleblowers, the perception of the NRC and its attitude toward whistleblowers by potential and current whistleblowers, and the ability and/or willingness of the NRC to investigate allegations of whistleblowers.

As the Board stated in its March 4 Notice of Resumed Evidentiary Hearing (Page 4):

"Public confidence in the ability and willingness of NRC to investigate QC allegations by 'whistleblowers' is very important to perceptions of the integrity of our adjudicatory process."

The testimony of these four proposed witnesses will assist the Board in its desire to evaluate the quality of such investigations and the validity of their conclusions. At the same time, very little additional hearing time will be required to help complete the record in this regard.

We therefore move that the Board grant CASE's Motion to Allow Witnesses Regarding NRC's Investigation of Allegations of Whistleblowers.

Respectfully submitted, A&

v/{Mrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk .

Dallas, Texas 75224 l 214/946-9446  ;

I i

. ,i UNITED STATES OF AMERICA m g' : .

~

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'83 AP?, -1 P2:47

, In the Matter of Q I .

APPLICATION OF TEXAS UTILITIES Q [. .. g21 GENERATING COMPANY, ET AL. FOR Q Docket Nos. 50:445 A" 0PERATING LICENSE FOR Q and 50-446

COMANCHE PEAK STEAM ELECTRIC Q STATION UNITS #1 AND #2 (CPSES) Q i CERTIFICATE OF SERVICE
By my signature below, I hereby certify that true and correct copies of

! CASES MOTION TO ALLOW WITNESSES REGAR' DING NRC'S INVESTIGATION OF ALLEGATIONS OF WHISTLEBLOWERS -

have been sent to the names listed below this 29th day of March ,1983 ,

by: Express Mail where indicated by

  • and First Class Mail elsewhere.

1 l 0 Administrative Judge Marshall E. Miller Alan S. Rosenthal, Esq. , Chairman U. S. Nuclear Regulatory Comission Atomic Safety and Licensing Appeal Board j Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission

! Washington, D. C. 20555 Washington, D. C. 20555 o Dr. Kenneth A. McCollom, Dean Dr. W. Reed Johnson, Member j Division of Engineering, Atomic Safety and Licensing Appeal Board Architecture and Technology U. S. Nuclear Regulatory Commission i Oklahoma State University Washington, D. C. 20555 i

Stillwater, Oklahoma 74074

. Thomas S. Moore , Esq. , Member o Dr. Walter H. Jordan Atomic Safety and Licensing Appeal Board l 881 W. Outer Drive U. S. Nuclear Regulatory Commission 1

Oak Ridge, Tennessee 37830 Washington, D. C. 20555

0 Nicholas S. Reynolds , Esq. Atomic Safety and Licensing Appeal Panel l Debevoise & Liberman U. S. Nuclear Regulatory Comission 1200 - 17th St. , N. W. Washington, D. C. 20555
Washington, D. C. 20036 i Docketing and Service Section O Marjorie Ulman Rothschild, Esq. Office of the Secretary Office of Executive Legal Director U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Comission Washington, D. C. 20555
Washington, D. C. 20555
  • Ms. Lucinda Minton, Law Clerk
Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel l Panel U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Washington, D. C. 20555

~

. e

( s ,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC MFETY AND 1.!CEN51NG BOARD In the Matter of {

}

APPLICATION OF TEXAS UTILITIES Q GENERATING COMPANY, ET AL. FOR ( Docket Nos. 50-445 AN OPERATING LICENSE FOR Q and 50-446 COMANCHE PEAK STEAM ELECTRIC Q STATION UNITS #1 AND #2 (CPSES) {

CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of _

CASE'S MOTION TO ALLOW WITNESSES REGAR' DING NRC'S INVESTIGATION OF ALLEGATIONS OF WHISTLEBLOWERS have been sent to the names listed below this 29th day of March , 19 B 3_,

by: Express Mail where indicated by

  • and First Class Mail elsewhere.
  • Administrative Judge Marshall E. Miller Alan S. Rosenthal, Esq. , Chainnan U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 .
  • Dr. Kenneth A. McCollom, Dean Dr. W. Reed Johnson, Member Division of Engineering, Atomic Safety and Licensing Appeal Board Architecture and Technology V. S. Nuclear Regulatory Commission Oklahoma State University Washington, D. C. 20555 Stillwater, Oklahoma 74074 Thomas S. Moore, Esq., Member
  • Dr. Walter H. Jordan Atomic Safety and Licensing Appeal Board 381 W. Outer Drive U. S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Was,hington, D. C. 20555
  • Nicholas S. neynolds, Esq. Atomic Safety and Licensing Appeal Panel Debevoise & Liberman U. S. Nuclear Regulatory Commission 1200 - 17th St. , N. W. Washington, D. C. 20555 .

Washington, D. C. 20036 Docketing and Service Section

  • Marjorie Ulman Rothschild, Esq. Office of the Secretary Office of Executive Legal Director U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555
  • Ms. Lucinda Minton, Law Clerk Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U. S. Nuclear Regulatory Comnission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 -

Washington, D. C. 20555

i .

o

.~

Certificate of Service Page 2

  • David J. Preister, Esq.

Assistant Attorney General 1 Environmental Protection Division P. O. Box 12548, Capitol Station Austin, Texas 78711 John Collins Regional Administrator, Region IV U. S. Nuclear Regulatory Commission 611 Ryan Plaza Dr. , Suite 1000 Arlington, Texas 76011 Mr. R. J. Gary .

Executive Vice President and General Manager Texas Utilities Generating Company 2001 Bryan Tower Dallas, Texas 75201 Lanny Alan Sinkin ll 838 East Magnolia Avenue San Antonio, Texas 78212

6

'l d

l i

dL

~ ,'es.) Juanita Ellis, President l'

ASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224

214/946-9446 j

d u

2

- _ _ _ _ _ _ - _ _

Retrieved from "https://kanterella.com/w/index.php?title=ML20069H724&oldid=2825413"