ML20070T083
| ML20070T083 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/03/1983 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8302080189 | |
| Download: ML20070T083 (6) | |
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UNITEDSTATESOFAffdNIb NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY.nANDTGFCENMN BOARD In the Matter of I
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~,w APPLICATION OF TEXAS UTILITIES I
Docket Nos. 50-445 I
GENERATING COMPANY, ET AL. FOR-AN OPERATING LICENSE FOR I
and 50-446 COMANCHE PEAK STEAM ELECTRIC I
STATION UNITS #1 AND #2 (CPSES) g SUPPLEMENT TO CASE'S MOTION FOR PROTECTIVE ORDERS FOR ROY COMBS, LESTER SMITH, AND FREDDY RAY HARRELL On 1/24/83, CASE (Citizens Association fcr Sound Energy), Intervenor herein, filed its Motion for Protective Orders for Roy Combs, Lester Smith, and Freddy Ray Harrell. We offer this instant pleading as supplementary infonnation to that Motion.
Lester Sniith's Interrogation by Applicants In CASE's 1/24/83 Motion, we expressed our concern-that " CASE is very much concerned that the same thing which happened to. Mr. Co~mbs may also happen to Messrs. Smith and Harrell and other future whistleblower/ witnesses," and re-quested that "any future interrogation or discussion of these individuals' concerns with' Applicants be done only under the provisions of discovery as
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set forth by the Board in these proceedings, and that any future interrogation or discussion of these individuals' concerns with the NRC Staff be done only-with CASE present," among other things.I This is to advise that on 2/1/83, Mr. Smith was called into the office I See CASE's 1/24/83 Motion, paqce, 3 and 4.
8302000189 830203 PDR ADOCK 05000445 o
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i of Applicants' Antonio Vega and interrogated regarding his affidavit. Mr.
Vega taped and took notes of the conversation. As in the case of Mr. Combs, Mr. Smith's interrogation took place wi.thout either legal representation or representation by CASE. Mr. Smith had attemptad to contact us Tuesday evening (2/1/83) but was unable to reach us by phone; he was able to reach-us last night (2/2/83).
Mr. Smith stated that Mr. Vega questioned him about Mr. Smith's affi-davit, which was attached to CASE's 1/24/83 Motion; that Mr. Smith felt that Mr. Vega was trying to trip him up on what he had stated in the affidavit; that Mr. Smith told him that he (Mr. Smith) had gone to his general foreman twice and told him about the welds, yet Mr. Vega turned around just a few minutes later and wanted to know why Mr. Smith hadn't gone to his supervisor, Mr. Smith told Mr! Vega that he had just got through telling him he went to l
him twice; Mr. Vega also asked who had been there when Mr. Smith made his
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affidavit (Mr. Smith stated he did not think that concerned Mr. Vega); Mr.
Vega asked if Mr. Smith had been promised anything by CASE to make the affidavit; (Mr. Smith stated that sane of the men at the plant have teasingly told him they are going to bring him a T-shirt that says " endangered species"); Mr. Vega said he wondered why the people didn't come to them and tell them, to w:
Mr. Smith replied that nobody had any confidence in them and"that the people believed that if they did that they would lose their job (since the people have to go through their chain of command and it would probably never get to the higher-ups to start with); Mr. Vega wanted to know if any of the ex-workers at the plant had called Mr. Smith; there were two workers' names mentioned during their discussion who can verify about the welds being made (CASE now has these two names and will be monitoring to be sure there are no reprisals against
a L them, sdch as their being fired; Mr. Vega told fir. Snith he would be looking into the matter of the welds); Mr. Vega told Mr. Smith to tell the hands to come to him (Mr. Vega) with their concerns;.Mr. Vega asked Mr. Smith if he knew anything else, to which Mr. Smith replied that at that time he did not remember any; Mr. Vega stated that Mr. Smith was obligated or supposed tc report anything he knew about (Mr. Smith repeated that he had reported it to his supervisor twice and it didn't do any good and that the supervisor told him te keep his mouth shut); Mr. Vega told Mr. Smith toward the end of the conversation that if he was harassed in any way over this to let him (Mr. Vega) know, hat they would not tolerate that -- Mr. Smith told him that was fine, we'll wait and see how this turns out, and that he (Mr. Smith) was sure that if he (Mr. Vega) showed that they were going to do something instead of trying to cover it up, the hands might come to them, but that they weren't going to under the conditions they currently have.
Mr. Smith stated that the following day (2/2/83), they brought a memorandum around for the employees to sign (which Mr. Smith's foreman brought right to him and the other workers) which stated if anyone kne' of anything down there w
at the plant that was wrong pertaining to the work that you were expected to report it to your supervisor; this was put out by the Project Manager, Doug Frankum. CASE believes that this is an effort to intimidate the workers and
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l to dissuade them from contacting or talking with CASE or the NRC, since there has been no protection in the past for workers who (having contacted their immediate superiors and gone through the chain of command and received no satisfaction) went to the NRC or higher utility officials.
Mr. Vega also asked during the interrogation wh' ether Mr. Smith had found any of the 14RC lorm 3 notices posted.
Mr. Smith advised him that he had found
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a copy on the time office bulletin board and that there was no way that anyone could see it when you go in and out of work unless you make a direct trip over to the bulletin board. Mr. Smith advises that the other workers believe he is going to get fired.
CASE advised Mr. Smith that we would contact the Board today and let them know what is going on and request their assistance and that they expedite a ruiing on CASE's 1/24/83 Motion so that Mr. Smith and other prospective whistleblower/ witnesses will know where they stand and whether or not they will have any protection if they come forward.
We urge that the Licensing Board expedite their ruling as much as possible in this matter. Mr. Harrell has not yet been called in to be : interrogated by the Applicants, but it is reasonable to assume that he will be in the very near future based on Applicants' past responses to CASE's pleadings attaching workers' affidavits.
Affidavit of Robert L. Messerly We are attaching an affidavit by Robert L. Messerly, a fonner Brown &
Root foreman at Comanche Peak.
Included in his affidavit is what we believe is significant new information about the polar crane's being used to force l
pipe, including 32" main steam line pipe, into position and about the t e l
j of "rebar eaters" to cut through concrete and rebar without proper c,# ova' or docanentation.
CASE will be requesting that Mr. Messerly be allowed to 2
testi fy,
2 As CASE mquested in our 1/24/83 Motion, we move that the Board " Rule that no discovery be had by any party until at least afte' the filing of the r
preliminary Findings of Fact which must be in the hands of the Board by February 25, and until such time as the Board shall set forth." We are certainly not complaining about potential whistleblower/ witnesses coming to us, but the f act is that we can only do so much in a given period of time. We have not yet had adequate time to thoroughly discuss the concerns of such individuals with them, and feel that it would be premature to try J present more than a brief surmiary/ affidavit at this time.
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For the reasons contained herein, CASE hereby requests that the Board consider this instant pleading in conjunction with our 1/24/83 Motion for Pro-tective Orders for Roy Combs, Lester Smith, and Freddy Ray Harrell.
We further request that the Board expedite its ruling on our 1/24/83 Motion as much as possible.
Respectfully submitted, 0sL<~ h f/L i >
Vfrs~.) Juanita Ellis,~ President tASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 I
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llNITfil STATES OF AMERICA NUCLLAR RLGULA10RY COMMISSION BEFORE THE AT:DMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of I
i APPLICATION OF TEXAS UTILITIES I
Docket Nos. 50-445 and 50-446 GENERATING COMPANY, ET AL. FOR I
AN OPERATING LICENSE FOR I
COMANCHE PEAK STEAM ELECTRIC i
STATION UNITS #1 AND'#2 (CPSES) l CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of SUPPLEMENT TO CASE'S MOTION FOR PROTECTIVE ORDERS FOR ROY COMBS, LESTER SMITH.
ANU PRt.UUY RAY HARRELL have been sent to the names listed below this 3rd day of Februarv
, 198,3_
by: Express. Mail where indicated by
- and First Class Mail elsewhere.
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- Administrative Judge Marshall E. Miller
- Alan S. Rosenthal, Esq., Chairman U. S. Nuclear Regulatory Comission Atomic Safety and Licensing Appeal. Board-Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555
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- Dr. Kenneth A. McCollom, Dean
- Dr. W. Reed Johnson, Member
~ Division of Engineering, Architecture,
/.tomic Safety and Licensing Appeal Board and Technology
- d. S. Nuclear Regulatory Comission Oklahoma State University Washington, D. C.
20555
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Stillwater, Oklahoma 74074
- Thomas S. Moore, Esq., Member
- Dr. Richard Cole, Member Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licensing Appeal Panel Nicholas S. Reynolds, Esq.
U. S. Nuclear Regulatory Commission Debevoise & Liberman Washington, D. C.
20555 1200 - 17th St., N. W.
Washington, D. C.
20036 Docketing and Service Section-Office of the Secre!.ary Marjorie Ulman Rothschild, Esq.
U. S. Nuclear Regulatory Comission Office of Executive Legal Director Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555
- Ms. Lucinda Minton, Law Clerk Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comission Panel Washington, D. C.
20555 U. S. Nuclear Regulatory Comission David J. P'eister, Esq.
Washington, D. C.
20555 r
Assistant Attorney General Environmental Protection Division w h Jb [rd6U)
P. O. Box 12548, Capitol Station prs ~) Juariita Ellis, President Austin, Texas 78711 ~
tion for CASE (Cit psso John Collins, Regional Admin.istrator, Region IV, U. S. Nuclear Regulatory Commission, 611 Ryan Plaza Dr., Suite 1000, Arlington, TX 76011
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