ML20077A544

Motion for Leave to File Amicus Curiae Brief Re NRC Refusal to Provide Info Re Allegations Which Are Subj of Ongoing Investigations.Govt Accountability Project Has Substantial Experience W/Region III

ML20077A544
Person / Time
Site:	Byron
Issue date:	07/19/1983
From:	Devine T, Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20077A547	List: ML20077A544 ML20077A550
References
NUDOCS 8307220354
Download: ML20077A544 (5)

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BEEORE THE ATCHIC SAFETY AND LICENSING APPEAL 4 s s

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e MIICE FOR LEAVE TO FILE AMICUS CURIAE BRIEF I. INTRODUCTION The Government Acrountability Project (" GAP") of the Institute for Policy Studies ("IPS") respectfully moves for permission to file the attached amicus curiae brief with the Nuclear Regulatory Cbumission Atcmic Safety and Licensing Appeals Board ( "ASLAB" or" Board") in the matter currently before it in the above-capticxied case. According to 10 TR 2.715 the attached brief is sutznitted to the Board and served on the Service List by U.S. postal service today, Tuesday, July 19,1983.E II. IDENTIFICATION OF AMICUS The Government Accountability Project is a project of the Institute for Policy Studies, Washingtcn, D.C. The purpose of the program is to broaden the understanding of the vital role of public and corporate splayees in preventing waste and corruption, to offer legal and strategic counsel to whistleblowers, to provide a unique legal education for law students, to bring meaningful and significant reform to the government workpla , and to expcae government acticns that are repressive, wasteful or illegal and that pose a threat to the health and safety of the American public. Presently, the Project provides a program of nulti-level assistance for government ertployees who report illegal, wasteful or inproper acticms by their agencies. GAP regularly I nonitors governmental reforms, offers expertise to Executive Branch offices and agencies, and responds to requests by Congress and state legislatures for analysis of legislation to make goverrstent nore accountable.

1/ According to the July 11, 1983 Order of the Appeals Board the Amicus

'Curiaebrief is being hand-delivered to the Board on this date.

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(See, e.g., GAP's publication, A Whistleblower's m ia to the Federal I

Bureaucracy (1977) . Also see, e.g, brief for Amici Curiae 'the Fund for Constitutional Government and the Goverrsnent Accountability Project of the Ihstitute for Pblicy Studies, Givhan v. Western Line Consoli+ted School District, 439 U.S. 410 (1979); and Nixon v. Fitzgerald, _U.S.

_19821 GAP has parti &l arly concentrated cm inplementation of the "whistleblower" protections of the Civil Service Reform Act of 1978 ,

Sections 101, 201, 5 U.S.C. Sections 1101 (Supp. III 1979) . See Civil Service Reform CXtersidht,1980 - Whistleble: Hearings before the Submittee on Civil Service of the House Post Office Cbrrmittee, 96th Congress, 2nd Sessicm, 45-71 (1980); Briefs for Amicus Curiae The Government Acx:ountability Project of the Tristitute for Policy Studies, Frazier v. Merit Systarr= Protectieri Board, No.

80-1067 (D.C. Cir., filed May 20, 1980); Frazier v. Merit Systems Protection Board, No. 80-1986 (D.C. Cir., filed January 6,1981.);

Martin v. Lauer, No. 82-1322 (D.C. Cir., filed April 26, 1982)).

GAP also includes a Citizens Clinic for Accountable Government.

The Citizens Clinic is a citizens training, consulting, and social activist program for local " grassroots", p211c interest, corrmunity, and church grotps. This program is designed to assist and direct citi2en involvement. Its role is to provide a range of services to individuals or groups who begin to speak out about problems spawned by corporate or governnent ineptitude or malfaa=ance. The Clinic's focus is on assisting citizens to effectively use their First l

l Amendment rights to e g ose or address significant issues.

'Ibe Clinic addresses health and' safety concerns, constrner fraud, i

corporate "ripffs", pollution, government misconduct, abuse or inacticn, and the abridgement of individual rights that often acompanies 2

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I i the struggle of citizens to redress their gririances.

In the past, the Citizens Clinic has performed irM.ht investi-gations into goverment negligence, filed a citizens' petition for an envirmmental investigation, drafted citizens'participaticri plans for envim.wial investigative and regulatory review, testified frequently to local city and cotrity councils on issues of concern to their comunity, testified in Cbngress and performed analysis of goverment inspections and investigations, regulatory subnittals, and resolutions to prtblems of concern to camunities.

III.

Ilf1EREST OF DE AMICCS In recent years GAP has been approached by a growing ntzrber of witnesses frcm nuclear power plante under constructien across the nation. In keeping with its objectives, both the GAP Whistleblower

. Review Panel and the Citizens Clinic Review Board have directed I

staff to pursue aggressively the conplaints and problems that nuclear A

workers bring forward.

i GAP is not an " anti-nuclear" organizaticri. Its cbjectives within the nuclear industry are the elimination of the government's misconduct and inaction, the un:overing of facts that warrant closer scrutiny or regulatory acticri by the Nuclear Regulatory Ommission ("NRC") and monitoring of how the NBC deals with significant information provided by nuclear "whistleblowers". GAP assumes that nuclear-related issues are critically .utpartant to the public safety, and takes action upon the presentation of evidence that the NRC is doing an inadequate jcb regulating the nuclear industry. Nuclear whistleblowers, the central figures in our approach to nuclear-related work, are the vital ccmponents in the struggle for safe energy and making the ptblic mare of dangerous or questionable conditicris.

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GAP follows a atunon criterion in selecting cases involving rnw lear power plants. i There m2st be credible evidence of quality assurance ("m")

requirunants with potentially signiffr-ant safety otmsequences that are

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not being adequately enforced by the NRC. In short, amicos armitors the NRC's effort to enforce 10 TR Part 50, Appendix B. hhen the NBC staff overlooks or refuses to act seriously against significant viola- 1 tions, amicus takes inkp.d.=:ut investigative and legal initiatives.

GAP's oversight program has led to an active docket of legal representation. Since 1980 GAP has represented twelve distleblowers and three citizen intervenors, provided infornal assistance to ntunerous -

organizations, and interviewed over 100 enployee witnesses to faulty construction practices at six nur-laar power plants.

Additionally, amicus has testified repeatedly in Congress with respect to oversight of NRC investigations, citizen participation in licensing prM__ings and problems at specific plants. CRP has been particularly active in Region III, at the Zinner and Midland nuclear stations, near Cincinnati, Ohio ard in Mir11and, Michigan, respectively.

At each plant, amicus has represented whistleblowers and citizen intervenors in virtually the entirety of formal and informal forums provided by the NBC staff conmissioners and the Atomic Safety aod Licensing Board. GAP has also provided informal investigative and other assistance to citizen organizations at the Tanalle and Perry nuclear plants, near Chicago, Illinois and Cleveland, Ohio, respectively.

In the course of pursuing these cases, GAP has recognized a clear pattern by Regicn III of ineffective enforcement of the a require-ments in the Atcznic Ehergy Act. '1his pattern has forced amicus to turn to legal fortrns in an attempt to identify and fill in the enforce-nent holes in 10 CPR part 50, Appendix B left by Regicm III.

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IV. CCNTRIBUTIQi CF 'DE AMICUS

• t GAP's intensive investigatims and oversight have provided a migue insight into the NRC's inspection and enforcement Rogram.

At Zimmer, whistleblowers played a major role in exposing the ocapre-hensive quality assurance breakdown that Region III had failed to z

wi fcr the first 97% of construction. 'Ihe disclosures prepared by GkP contributed significantly to a record $200,000 fine and the Novenber 12,1992 suspension of all safety related construction.

Through the Frt akzn of Information Act

("FOIA") 5 USC 552, amicus pursued and obtained significant evidence withheld from the pslic by the staff. (See, e.g., Applegate v. NRC. No. 82-1829 (D.D.C. May 24, 1983) (Menorandan opinion and Order).

At Midland, whistleblowers represented by GAP exposed QA violations that contributed to a $120,000 fine and suspension of QA covered work by the najor contr ctor, as well as major new revelations at ASLB hearings this spring.

At Lasalle, disclosures of W1istleblowers represented by GAP led to a series of ongoing civil and criminal investigations, as well as a third pary audit.

As a result of this extensive experience with Region III, it is desirable to obtain the participation of amicus and the bases proffered at Byron. Amicus has learned through frustrating experience and prolcnged litigation the naivete of relying on Region III conclusicns about disputed CC issues without full review in all avail: le legal fortzns.

I Respectfully suirtitted, i

?% %g Thonas Devine a

~ gal Director N [5 (y * -c 1

Billie Garde Director, GAP Citizens Clinic Dated: July 19, 1983 l

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