ML20079N370

Affidavit of Hs Nunn in Response to Applicant Suggestion of Contrived Testimony.Certificate of Svc Encl

ML20079N370
Person / Time
Site:	Catawba
Issue date:	01/24/1984
From:	Nunn H DUKE POWER CO., PALMETTO ALLIANCE
To:
Shared Package
ML20079N356	List: ML20079N354 ML20079N361 ML20079N370
References
NUDOCS 8401300197
Download: ML20079N370 (12)

Text

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EXHIBIT 1 ,

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9 UNITED STATES OF AMERICA ,d(*h NUCLEAR REGULATORY COMMISSIO*: - )

BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL B

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In the Matter of )

) Docket Hos. 50-413 DUKE POWER COMPANY, ET AL. 50-414

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) January 24, 1 984 (Catawba Nuclear Stetion. )

Units 1 and 2)

AFFIDAVIT OF HOWARD SAMUEL NUNN, JR.

Personally appeared before me Howard Samuel Nunn, Jr., who upon being duly sworn, did depose and say: .

The purpose of this Affidavit is to respond to the suggestions by in some manner by lljke Power Company (Duke) that my testimony was contrived j t (GAP),

Palmetto Alliance (Palmetto) or the Government Accountability nts Pro ec t

instead of being my free, voluntary, and truthful action and sta eme I also wish to urge this Appeal Board made to the Licensing Board and Staff.

facts are un-to take whatever action is necessary to ensure that all the covered which are relevant to inve:tigating my safety concerns.

I have been employed by Duke for five years as a welder; first at Catawba Nuclear the McGuire Nuclear Station and for the last three years at Because of my knowledge of uncorrected defects in safety-Station (Catawba). i ent grade welds and construction materials, suchDuke asagainst piping and ccnta nm plates, and my experience with harassment andtretaliation nity to by me and others who raised safety concerns, I askedldfor the oppor u provide h

testify in secret before the Licensing Board in hopes liation, t ey wou for a full investigation of my concerns, free from further reta y K f3 PDR

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I also have made every effort to cooperate fully with the Nuclear Regulator'y Commission (NRC) Staff in assisting them in any investigation of my evidence.

However, in light of the recent NRC Region II Inspection Reports, which completely fail to honor the NRC Staff comitments to seriously pursue my specific concerns and go further to " whitewash" evidence of a pervasive Quality Assurance breakdown at Catawba, I now insist that all my testimony, the testimony of Duke, and the NRC Staff, on my concerns, be made fully public, hoping that in the light of public scrutiny, the truth will some-day be revealed. I ask that all past proceedings on my concerns, including all rulings by the Licensing Board, and any future proceedings, be made public on the basis of this withdrawl of my previous requests for confidentiality.

Since I began my welding work at Catawba, I have become increasingly concerned about the adequacy of safety-grade welding work which I observed in the course of performing welds and repairing the defective welds of others.

I tried many times to bring my concerns to the attention of Duke supervision, without success. Instead of encouraging the expression of these concerns and seeking to resolve them, Duke supervision harassed me and ignored the hardware problems . While I considered taking my concerns elsewhere, I knew of nowhere to go.

On Monday, October 3,1983. I read a news story describing the NRC Licensing Hearings set to commence the next day in Rock Hill, South Carolina--

=44 Witnesses to Defend Nuclear Plant's Safety," M Charlotte Observer, (Attachment A). The story related that:

Welds in a nuclear plant are a crucial barrier to prevent the release of dangerous radioactivity if an accident occurs. Each of Catawba's two units has 51,000 safety-related welds.

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/- k Duke's spokeswoman, Mary Cartwright, is quoted as claiming, "We have J nothing to hid Id. I knew this statement to be a lie, and decided that I could no lo remain silent about what I knew.

Early that same morning, I telephoned Palmetto in Columbia, South Carolina, and spoke to Michael Lowe about my concerns. He recommended that I consult with GAP for assistance in protecting me and in investigating my concerns. I spoke with Ms. Billie Garde of GAP that evening, and authorized her and Palmetto to request relief from the Catawba Licensing Board to protect me and the workers from retaliation by Duke and to hear our testimony in secret session. During the second day of hearings, Wednesday, October 5,1983, Palmetto requested the Licensing Board's protection for workers who feared retaliation, but knew of evidence of significant safety defects at Catawba. " Catawba Foes Seek Protection for Witnesses," g Charlotte Obs!rver, October 6,1983 (Attachment B).

On October 14, 1983, I met with NRC Inspector Nick Economos to outline my safety concerns.

On October 20, 1983. I made a written request to Judge James Kelley, the Licensing Board Chairman, to testify in, camera about a number of safety concerns (Attachment C).

In past weeks. D;ke officials have attacked and ridiculed both GAP and Palmetto by challenging these organizations to produce alleged workers who would like to testify, but were afraid to do so. Your Honor I am one of these workers! I am appalled by Mary Cartwright's poor charade as Mary Poppins as she so softly assures the general public that Duke has 'nothing to hide.' Sir, I beg to di f fer.

I subsequently presented my 3 camera testimony before the judges and

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a representative of the parties, including Duke, who questioned me extensively about the specifics of my concerns. On that same evening, November 9,1983,

• I first met Robert Guild, the attorney for Palmetto.

I have always been availasle to meet with the NRC Staff and to attend further hearing sessions to deal with my concerns.

I learned that both Duke and the NRC Staff made motions to throw out virtually all of my testimony on the grounds that it was either all irrele-vant to the subject of Quality Assurance at Catawba or " cumulative" in light of earlier testimony about QA violations t,j many welding inspectors. Only Palmetto defended my testimony as innportant evidence for the Licensing Board's consideration. The judges agreed with Palmetto, and accepted most of my concerns for further investigation in mid-Dece-ber.

I am very disappointed that the Licensing Board has refused to allow me and Palmetto to gather evidence from Duke and the NRC, which I am Av.

' i confident would prove my concerns are true and represent common problems g- 7 at Catawba. I have many questions regarding the Dukt and NRC Staff respons to my concerns, and could spe:ify much significant evidence to support me, J ss : e== n ecea f de 4 weis Mc.4Q 3. A the s e i e. .

including documents and witnessesY I know of a number of present Duke workers who would support my statements, have safety concerns, and I believe would testify if protected from retaliation.

I urge you to help insure that my safety concerns are fully investigated.

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Yef Howard Sambel Nunn, Jr.N L

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'f SUBSCRIBED AND SidORN to before me. this M day of January.1984,

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Monday. October 3j195 L

[ jNio.'Caberfug'. Stanly. And Unnon Countnes . . Insidei ( Classehed Ads. Page 88) _) Story or Picture idea? Call (704) 379-6459 8/m.-Midnight 7

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Witnesses To Defend TucTear Plant's Safety j i ====-

' "There have been syniematic .' u' 11 j

hey (the welding inapectors) bar

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"'$$8 e Tn,M D'r' deficiencies in the quality ' '

id not empresis any concerns *" '

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ee waneenese eenes as Co '

1 nedesar power pient assied .

> .. assurance program.That leaves j which would adversely affect '9 r 8"* ***-

cher shet she miser may eseness eso. > . enough doubt that there could be . ..

. isowe'va, 'ehe acu-socieer sreep Pen.

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news sesenses se . .

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y etther the quality or the safety of metto Amance thinke CMawho may be

. asashdown m ammyi- ---r em as eneses A dels. .ciencies in the plant.,s jthe plant newed. The a

.Ammanany. the wneeseen sesenee sn ca.

,' i.,is,, ecto,s.m.,,iucisse ace maand es une eerser this weie.-

year.

r - Mike Lowe director, ,

% lap == theke om. - Warren Owen. design offic* ! '"m**s " whitewash."

the Duke levutigeuoos e i diesrveens essesh ows peare nes PalmersoAlliance CD a spate of work-reisted griev.

• l Duke P C. ihe ali.ance poinied to coes,senets of

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Z their homens. proper work or safety, was the root of Ialsificattom. harassaneet and lastances of

) inspeeters, armed with diaries and the problems. Duke officials said they all stillgrievances, not satisfied that Duke has resolfee--(nspector John Rockholt. who d igi. Inspectors being forced to approve welde

! ap'- ef. weldlag reports cou. found so defective welds at Catawba.19 lance by the enspectors kept fety e. they questiosed as indkatsome of proh-

! "We're calling these people past to get dards intact. "This plant i goin to be leme to the nearly fleished $3.9 heillos to seeIbike missessaiset that sie salles southwest of downtown Charlotte everything out in the upe n." she said. f safe and this is due in part t*.c onceres plant, achedulee to begia operetles le oftes oversees taaer lespecues le York County.S C. "There's no question of U.e plant being of Ihe welding inspector he IS 4 I and failed to heck them ty is .

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• with construction crews. We hate mothlag to hide." replied safety bustt. It is safely busit. We wt4p The 31st inspector. Ilovt Cauthen. "There have been systematic eleficies.

hiary Cartwright, a Duke spokeswoman. show that." sasd he didn't know what the plant is c6es in the quality assurance program."

leapectors' complainte led le eser when asked about the strategy of proving Of the 38 inspectors. 30 said in writtee bout safely and cated ad-=* = th,g said a;tsance director tenke Lowe. That

\peuy is -- ; ' -_ that eenc,eded peer tho sessyny of the plaat through once- tesumony they knew of e.s constructace icaused ham to w to geneg. leaves eeuush doubt that there could be

^. act a eiereened ser sentent - -n y -- some of whom are deficiencies. Typices was the comment pr osas of some w I

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44 Witnesses

-To Defend N "I thick the chances of keeping it from C81ah-ba Y1 ant being Ecensedis zero Char one, a iongtin,." said Jesse e n.ciear opponentRiley of who la challenging Catawba on another Contissed Froen Page 15 anfety lasue. "!! we're going to have to deficiencies in the plaht." - live with it, let's keep the hazards at as Lowe said the alliance wasn't surprised low a levelas we can get."

- Duke will use the welding inspectors

• tes' But Duke officials have repeatedly in-

. tispony in its defense. "They're pro nu- sisted Catawba has been built soundly clear. Their concerns were the procedures and that it can operate safely. In fact, the troke down. That's what we're trytag to Duke officialin charge of design and con-prove." he said. struction. Warren Owen. said the weld-The Columbia based alliance coednce lag inspectors' complaints didn't impact a Nuclear Regulatory Commission (NRC) safety. *They did not express any con-g licensing panel to include the "quahty cerns which would adversely affect ei-I t assurance" charges in hearings on Duke's ther the quality or the safety of the request for an operating license- plant." Owen amid in written testimony, j The alliance will Fponsor two wit- The NRC's Atlanta office closed its g nesses, former Catawpa workers Nolan own investigation last spring. finding Hoopingarner and Ron McAfee, who will procedural violations but no bad welds.

cite instances of improper construction falsification or lurassmeni " Clearly a work ranging from pouring concrete in algnificant problem appeared to be a lack the rain to the flooding of the diesel gen

• of communication, primarily within the erster room. Duke and Nuclear Regula- Quality Assurance Department." says tory Commission (NRC) officials say Kim Van Doorn. NRC aenior resident in-prpper actions or corrective measures spector at Catawba.

were taken in each case. An official for 19 N.C. cities, including in addition, a Washington based group, Gastonia and Monroe. that own part of the Government Accountability Project. the plant said on-site representatives have charged in a Sept.14 petition to the NRC found no problems. "We're conunced that. Dased on an internal Duke evalua* that Duke is doing an adequate job. that tion. Catawba may be riddled with design the quality of the work is good." said B:::

and construction deficiencies Wemhoff. director of engineering for The group asked the NRC to make an N.C. Municipal Power Agency No.1 in Inspection of safety related areas, to in' Raleigh.

westigste whetfier Duke harassed the Besides the cons'ruc -

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weld:ng inspectors and to review the agaacis five month internal insestiga-tigInto the way local NRC officials han-didg the inspectors' complamts-

"There's lust no r.ier.t to what they've asked." replied Duke's Cartwright.

In Bethesda, Md., NRC spokesfr.an Frank Ingram said the group's request has been turned over to interna!insesti-gatory and inforcement offices. "to see l what' action. if any, is appropriate "

The workmanship issue is expected to i take up most of the hearings, which could i last four to six weeks The hearings begin at 10 a m. on the second floor of the L'.S.

District Court buildmg at Caldwell and Main streets in Rock Hill.

! James Kelley, chairman of the NRC licensing panel. said time will be sched-uled later for the pubhc to address the

, panel.

! A second set of hearings. focusing on whether adequate plans have been made i for a nuclear accident. will be held in l early 1964. Those beanngs will take up

! he issue of whether to triclude southwest

.Tharlotte in the 10 mile accident evacu-ation tone around Cataw ba Although it's a virtual certainty the

! NRC panel will hcense Catawts the panel can order any necessa5 faes or

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' changes m the piar.t to satisfy NRC safety stancarcs Attachtrent A. P:9e 2 of 2

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i CHARLOTTE 08stitVFR Thereday. Ortober s. Itu ..

• 4 Catawba Foes Seek Protection For Witnesses sy JACK HORAM ROCK Hitt - The Palasette Alliance. towbe's The Palmetto Alliance is oppneing Ca.

operetlns keense. In part on the Further. he told the panel. 31 weldin grounds that an alleged breakdown in inspectors who crttictaed the company *g 9tRC lawyer George Jaheses esacesfbd.

i 3 charg%g there Is en " atmosphere of op- e premme and cht!!" on Catawba neclear safety-leepectlen programs suggests the welding inspection program will 'sestify. "There's no beste for floding deficiencies in power plant workers. Wednesday asked for plant may contale construction flaws. Duke "They do not fear reprimal." he sold, noting guality assurance (inspections) or any cous-3 e special order to protect those who went snatatains that while there were commual. federal law protects nuclear plant workers pony pressun."

g to tewrify shout safety problems from repr'-cations

• problesse two years ago between against retallation. The panel else termed dowe se emmenal a, sats by INke Power Co. welding laspectore and supervisors, the The unnamed workere feartag fetellation fromrequest Guild to exclude e Duke official "The free flow of leferieellen is not Plant nevertheless is built safety. are not the welding inspectors. Guild seM. to on the pubile p.:-- --

S As the heartage went into the second except tvhen teettfying, on the greendeh g evelloble." said alliance lawyee Bell GulM Duke lawyers dealed the company le pre.

3 in maktng the request ht a Regole- vtating workere from testifytag, stating day. pehmetto Alliance. Duke and the NRC snighteseny.be influenced by his colseaguse'lesti.

tory Commission (NRC) panel. that motices of worker rtghts have been staff gave opening stecoments that cetlemed j The efficial,larfy Devleen, of to Duke dismissed the charge as "It's postos and there was no evidence for such the scope of the proceedings that could take quellty assurance et Catawbe le

', reached the point where d commet ade- an order, other than "innuendt (that) sts weeks. perhope longer,

{ quately bring evidence tome board."GulM expelle of a deed ret." Guild argued the weldhes huspectore* a key witness by Pohnetto Al!'ence Desesse i said, saying unnamed Inant workere to- *1f there are other concerne. Iet theen complaista point to a whlospread break. he supervised the disgruntles woldlhg in.

4 cently indicated they weeted to testify eene forward." sold Mike McGerry. en at. down of the safety-luopection progrenes at opectore. The messe evoked e' dorp few M 3

about workneenship probinne at Catawba gersey for Duke. "We have absolutely the ancompleted plant Ip miles southwest 4

but were afraid of losing their Jebe. of downtown Charlotte in York County, $$cGarry, who termoed it se umwarrested outleing to hide, and there wlit be no retall. S.C.

} The penet postponed e sectolon ce the steen." attack on Devlese's t y. "Therere sh-4 request calling for the three NRC ledges to sarnmefy portreyed Gutid's request for e la reply. McCarry teW the pensi that solutely up beste. adde ..Inouende,for write a litter to the workers to emplete protective order as nothing neore then a ellegatlene Duke supervloors ordered felet- the esquesterlag of Mr. Devises."3 e re-torted.

{ their rights and te go to Catawba to meet ruse to try to introduce eleventh hour evi- fication of welding Inspection docutetents. Davissa est guletly le the with workers in a closed ecosion. donce, if it entsts, legal work that he sold harassed welding inspectors and applied fusage cowM have been done months ano, pressure to approve faulty welds had no darteg the discussion. St's Jhet es i mertt. sit there and not be able to say anyt ."

Devleep said during a break.

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• cctober 20, 1983 - The following is a statement of Howard Samuel (Saa) f Hunn, Jr. given freely and out of duty to my family, country, and my 00D.

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?ce Judge James Kelley,' lanel Chairman, A.S. and L. Boadd.

F. . Licensing procedures for Catawba (DFC) Nuclear Station Units 1 and 2.

Lear Jud;c /.ellcy, I was ea: ployed by I..I .C. (Duke lower Company) as a certified nuclear power pipinc weldor on September 18, 1718. My services, as of today, have been terminated. It is my belief that this is direct retalistist to my being outspo%cn in my beliefs that areas of conceIMI$1ating to conditions that may havt serious implications as to the structural safety of Catawba 1 and f. L.4... has minimized, ignored, and ' swept under the carpet

• said concerns and, in that I would not be silenced, I have thusly been "elimina-ted".

Your s79r does any corporation, bureauorsary, kinc, dictatc,r, ruler,

{ or ruleJ have the right to wt:1k *above the law"? Are stifish gains and luste f:e ;ow r sufficient grounds to deny each and every permen the right to live and let live in a sa.N and secure environnenti In past weeks ' .4.J. officials have attacked and ridiculed both gar and the .al: etto Alliance by challenging these organizations to produce alle;eC workers who would like to testify, but were afraid to do so.

Your 1:ener I am one of these workers! I an appalled by Fary Cartwright's peer charade as rary toppins as she so softly assurus the general public that ....w. has "nothin.; to hide". Sir, I beg te differ.

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..ould continueo usage of substandard filler material after having been re;arted to managenent by countless weldors constitute a concern': ;.ould literally feet, rather than inches, of lamination in Number 2 containment wal? constitute a concem? Wov1d management pressure on GC/GA personnel l to falsify certain weldor's qualifications constitute a concern? These are tut three of an undeternined number of the safety concerns I've

( trcu;ht te manasenent's attention over months and years which, rather than shme r c te bs a concerned worker, have in fact caused me intimidation to l The , cint o.' teins re:teved fror: service.

1 Attachment C Page 1 of 2 l

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/ 11 age 2 .

As Your Honor full well realises, this not only violates Sectiet 19 of 10 CFR 50 (The Protected Activities Section), but in a greater sense blatantly shows D.P.C.'s esteem of the entirety of 10 C/R 50.

Ey concerns have been voiced to Es. Billie Garde, Phil Rutledge, and to some extent to D.P.O. officials and the NRC.

Should Your Honor find any of my allegations to be noteworthy, I hereby request strict confidentiality and "in oasers' proceedings during my initial testimony. A full affidavit of my concems is presently being stnictured and should be ready within the next 10 to 14 days.

In the interest of my fellow citizens, I shall go before national television cameras if necessary to expose and hopefully correct tha hidenus nanner in which D.F.C. operstes.

I thank you and your honorable panel for your time and consideration.

I Under the pendty of perjury, I swear to all stated herein to be facts to the best of ny knowledge, so help me God.

W,hfA HowardSamuehunn,Jr.

You may reach ne at (704) 788-1546 (M5mi)

(704) 782-1109 x through Billie Garde Phil Rutledge, or write me at 1521 fairingten Dr.

C'mcord NC 28025 cesBillie/rhil 3 elf hi~.t/ibn C

Attachment C, Page 1 of 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY CDPDIISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

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In the Matter of DUKE POWER COMPANY, et al. I

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I Docket No. 50-413 50-414 (Catawba Nuclear Station, )

Units 1 and 2)

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of PALMETTO MOTION FOR LEAVE TO FILE A REPLY BRIEF, and Pall!ETTO BRIEF IN REPLY TO APPLICANTS' AND NRC STAFF'S ANSWERS TO PALMETTO'S MOTION FOR DIRECTED CERTIFICATION OF LICENSING BOARD'S DENIAL OF DISCOVERY BY PALMETTO ON NEWLY- ADMITTED ISSUES in the above-captioned matter have been served upon the following by deposit in the United States mail, first class postage prepaid, this 25th day of January 1984.

• Alan S. Rosenthal James L. Kelley, Chairman Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Washington, D.C. 20555 U.S. huclear Regulatory Commission Washington, D.C. 20555 Dr. Paul W. Purdom, Member Atomic Safety and Licensing Board

• Thomas S. Moore 235 Columbia Drive Atomic Safety and Licensing Decatur, Georgia 30030

' Appeal Board

• U.5;' Nuclear Regulatory Commission Dr. Richard F. Foste , Member Washington, D.C. 20555 Atomic Safety and Licensing Board Post Office Box 4203

• Howard A. Wilber Sunriver, Oregon 97702 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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2 Chalman J. Michael McGarry III. Esquire Atomic Safety and Licensing Debevoise and Liberman Board Panel 1200 - 17th Street. Northwest U.S. Nuclear Regulatory Comission Washington, D.C. 20036 Washington, D.C. 20555 Karen E. Long Chairman Assistant Attorney General Atomic Safety and Licensing Appeal North Carolina Department of Justice Board Panel Post Office Box 629 U.S. Nuclear Regulatory Commission Raleigh. North Carolina 27602 Washington, D.C. 20555 Scott Stucky George E. Johnson. Esquire Docketing and Service Section Office of the Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington. D.C. 20555 Washington D.C. 20555 Don R. Willard Albert V. Carr, Jr.. Esquire Mecklenburg County Duke Power Company Department of Environmental Health Post Office Box 33189 1200 Blythe Boulevard Charlotte North Carolina 28242 Charlotte. North Carolina 28203 Richard P. Jilson. Esquire Martin G. Malsch Assistant Attorney General Deputy General Counsel and State of South Carolina Acting General Counsel Post Office Box 11549 U.S. Nuclear Regulatory Comissien Columbia. South Carolina 29211 Washington D.C. 20555 Joh 71ewett -

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• Hand delivered on the morning of 1/25/84 l

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