ML20082E532

Motion for Leave to File Amicus Curiae Brief Re Util Motion for Stay of ASLB Order Permitting Intervenor Contact W/Util Employees Scheduled to Testify

ML20082E532
Person / Time
Site:	Catawba
Issue date:	11/23/1983
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT, INSTITUTE FOR POLICY STUDIES
To:	NRC COMMISSION (OCM)
Shared Package
ML20082E536	List: ML20082E532 ML20082E548 ML20082E550 ML20082E560
References
NUDOCS 8311280229
Download: ML20082E532 (6)

Text

t UNITED STATES OF AMERICA NUCLEAR REGUIA'IORY COMISSION -

E3 NOV 23 P4:~

BEEORE THE CCMiISSIONERS u 'm

, = , .. ~ :

t-In the Matter of )

DUKE POWER CCNPANY, et al. Docket Nos. 50-413 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

)

MOTION FOR IEAVE 'IO FILE AMICUS CURIAE BRIEF I. INTRCIXJCTION

'Ihe Government Accountability Project (" GAP") of the Institute for Policy Studies ("IPS") respectfully moves for permission to file the attached amicus curiae brief with the Nuclear Regulatory Ccrrmissioners in the matter currently before it in the above-captioned case. According to 10 C.F.R. 2.715 the attached brief is subnitted to the Board and served on the service List by U.S. Postal Service today, Wednesday, Novenber 93, 1983.M II. IDENTIPICATION 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 wru.ete enployees in preventing waste and corruption, to offer legal and strategic counsel to whistleblowers, to provide a unique 1 W_ education for law students, to bring meaningful and significant reform to the government workpla , and to expose 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 multi-level assistance for cpvernment enployees who report illegal, wasteful or insw acticns by their agencies. GAP regularly 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 goveu.nTent nore accountable.

- According to the Novenber 17, 1983 Order of the Camissioners the Amicus Curiae _ brief is being hand-delivered to the Ccmmissioners on this date.

8311280229 831123

{DRADOCK 05000413 eDR

l l (See, e.g., GAP's publication, A Whistleblower's Guide to the Federal B_u reaucracy (1977) . Also see, e_.3, brief for Amici Curiae 'Ihe Fund for l

Constitutional Governent and the Goverment Accountability Project of the Institute for Policy Sfmdias, Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979); and Nhon v. Fitzgerald, _ U,.S.

_1982; GAP has particularly concentrated on inplementation of the "whistleblower" protections of the Civil Service Reform Act of 1978, Secticus 101, 201, 5 U.3.C. Sections 1101 (Supp. III 1979). See Civil Service Reform Oversight,1980 - Whistleblower: Hearings before the Sdawnittee on Civil Service of the House Post Offi Comnittee, 96th Congress, 2nd Session, 45-71 (1980); Briefs for Amicus Curiae The Government Accountability Project of the Tristitute for Policy Studies, Frazier v. Marit Systems PrcWdon 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", ptblic interest, comuunity, and church grotps. This program is designed to assist and direct citizen involvement. Its role is to provide a range of services to individuals or groups who begin to speak out about problerns spawned by corporate or goverrment ineptitude or malfaaance. The Clinic's focus is on assisting citizens to effectively use their First A m ndment rights to expose or address significant issues.

'Ihe Clinic addresses health and safety concerns, constrner fraud, corporate " rip-offs" pallution, government misconduct, abuse or inacticn, and the abridgement of individual rights that oftcr. accanpanies 2

i i

s the struggle of citizens to redress their grievances. I In the past, the Citizens Clinic has performed irdeperasit investi-gations . into goversnent negligence, filed a citizens' petition for an environmental investigation, drafted citizens'participaticri plans for envircrimental investigative and regulatory review, testified frequently to local city and county councils on issues of concern to their comunity, testified in (bngress and performed analysis of government inspections and investigations, regulatory submittals, and resolutions to problems of concern to asmunities.

III. 3NIEREST OF THE AMICUS In recent years GAP has been approached by a growing nunter of witnesses frczn nuclear power plants under construction across the nation. In keeping with its objectives, both the GAP Whistleblower Review Panel and the Citizens Clinic Review Board have directed staff to pursue aggressively the cortplaints and problerns that nuclear workers bring forward.

GAP is not an " anti-nuclear" organizaticn. Its objectives within the nuclear industry are the eliminaticn of the government's rrisconduct and inaction, the uncovering of facts that warrant closer scrutiny or regulatory acticn by the Nuclear Regulatory (bmnission ("NRC") and l monitoring of how the NFC deals with significant information provided l

by nuclear "whistleblowers". GAP assumes that r)uclear-related issues are critically inportant to the public safety, and takes action upon j the presentation of evidence that the NRC is doing an inadequate jcb regulating the nuclear industry. Nuclear whistleblowers, the central i

l figures in our approach to nuclear-related work, are the vital ccrtponents l in the struggle for safe energy ard making the ptblic aware of dangercus I

or questionable conditicns.

l 3

i

l,

- 1 i

. GAP follows a otamon criterion in selecting r ame involving nuclear power plants. There nust be credible evidence of quality assurance ("(A")

requirements with potenHally significant safety omsequen s that are not being adequately enforced by the NRC. In short, micus mcmitors the NBC's effort to enforce 10 TR Part 50, Appendix B. When the NBC staff overlooks or refuses to act seriously against significant viola-tions, amicus takes independent investigative and legal initiatives.

GAP's oversight program has led to an active docket of legal representation. Since 1980 GAP has represented fifteen whistleblowers and four citizen intervenors, provided informal assistance to numerous organizations, and interviewed over 150 ertployee witnesses to faulty construction practices at ten nuclear power plants.

Additionally, amicus has testified repeatedly in Cbngress with respect to oversight of NBC investigaticns, citizen participation in licensing gwceedings and problems at specific plants. GAP has been particularly active in Region III, at the Zimer and Mirlland nuclear stations, near Cincinnati, Ohio and in Midland, Michigan, respectively.

At each plant, amicus has re,premnted whistleblowers and citizen intervenors in virtually the entirety of formal and informal forums provided by the NBC staff comissioners and the Atomic Safety and Licensing Board. GAP has also provided informal investigative and other assistance to citizen organizations at the LaSalle and Perry nuclear plants in Region II and Comanche Peak in Dallas, Texas, res-pectively.

4

. IV. CCNTRIBUTICN OF 'IEE AMICUS GAP's intensive investigatims and oversight have provided a unique insight into the NBC's inspection and enforcenent gemu.

At Zinner, whistleblowers played a snajor role in exposing the conpre-hensive quality assurance breakdown that Region III had failed to report for the first 97% of *ccnstruction. The disclosures prepared by GAP contributed significantly to a record $200,000 fine and the Novenber 12,1982 suspension of all safety related mnstruction.

Through the Freedczn of Information Act ("FOIA") 5 USC 552, amicus pursued and obtained significant evidence withheld frtsn the ptblic by the staff. (See, e.g., Applegate v NBC, No. 82-1829 (D.D.C. May 24, 1983) (Menorandun Opinion and Order) .

At Midland, whistle: blowers represented by GAP exposed QA violations that contributed to a $120,000 fine and suspension of GA covered work by the major contractor, as well as major new revelations at ASLB hearings this spring.

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

At the Three Mile Island cleanup, ccxTplaints by whistleblowers represented by GAP led to an Office of Investigation Report ("OI")

which substantiated their ccxtplaints and revealed serious violations of the quality assurance program as if applied to the use of the polar crane in removing the reactor vessel head.

Amicus '.as had direct participation in the case now before the cxmnission. Amicus has interviewed numerous quality control inspectors eTployed by Applicant at the Catawba facility, has filed three worker 5

p .

affidavits,'and is in various stages of cx:npletion of over a dozen more specific statements which will be submitted to the NRC staff. Amicus has also empleted an extensive review of the Catawba plant through documentation review, interviews and independent analysis. As a result of initial conclusions of a quality assurance breakdown Amicus filed a request pursuant to 10 C.F.R. 2.206 on September 14, 1983 for an independent " vertical slice" of all safety systems, OI investigation, and a review of the ongoing OIA investigation.

Amicus has learned through hearing the frustrating experiences of Applicants and enployees that the work force at the Catawba site has never known and remains largely unaware of the rights under the Energy Reorganization Act 42 U.S. S 5851, OI the precise provisions through the Department of Labor.

Amicus believes that it provides the Camission with the only direct view of the workers plight at Catawba, and therefore believes the Cm mission will find it desirable to obtain the participation of Amicus in this case.

Respectfully subnitted, Billie Priner Garde Director, GAP Citizens Clinic Novenber 23, 1983 6

.- - . ..._._ _. .