ML20082H280

Summary of Record of Intimidation & Discouragement. Certificate of Svc Encl

ML20082H280
Person / Time
Site:	Comanche Peak
Issue date:	11/28/1983
From:	Ellis J Citizens Association for Sound Energy
To:
Shared Package
ML20082H284	List: ML20082H280 ML20082H295 ML20082H301 ML20082H306 ML20082H316 ML20082H326 ML20082H330 ML20082H342 ML20082H351 ML20082H360 ML20082H370
References
NUDOCS 8312010085
Download: ML20082H280 (25)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CMOM/E8/83 USNRC BEFORE THE ATOMIC SAFETY AND LICENSING. BOARD ,

'83 tm 30 All:53 In the Matter of APPLICATION OF TEXAS UTILITIES i .

Docket-Nos. 50-445 GENERATING COMPANY, ET AL. FOR I I

and'50-446 AN OPERATING LICENSE FOR COMANCHE PEAK STEAM ELECTRIC I STATION UNITS #1 AND J2

~(CPSES) g CASE'S

SUMMARY

OF THE RECORD REGARDING INTIMIDATION, ETC., AND DISCOURAGEMENT Pursuant to the Board's direction to Applicants, the NRC Staff, and CASE, CASE (Citizens Association for Sound E'nbrgy), .Intervenor herein, files this,

' its Summary of the Record Regarding Intimidation, etc., and Discouragement.

As requested by Applicants, the Board allowed a one-week extension of time for the parties to respond.

We have found that intimidation, harassment, and threatening in many instances also includes discouragement from doing the job right to begin with.

(See discussion in CASE's 8/3/83 letter to the Board under subject of Record Regarding Discouragement from Reporting Nonconfonning Conditions at Comanche Peak Nuclear Plant.) We have attempted to separate them as best we can, as the Board requested.

Although we understand that the Board desired to have as brief a filing as possible, we find that this still involves several pages, which are attached.

We trust that this will be helpful to the Board in the format we have used.

In addition, we call the Board's attention to the following pages from our 8/3/83 pleading: 2-3, 5, 7-8, 14; and especially pages 16-30, which we incorporate herewith by reference.

8312010085 831128 PDR G

ADOCK 05000445 PM M

. e We also call the Board's attention to the following pages from the transcript, wherein then-Board Chairman Miller discusses the NRC's investi-gation of the Atchison firing; we believe this is relevant and material:

3044/5-7, 3044/12-19 3045/18-25 3046/1-8 .

3047/9-14 ,

3051/3-10 -

3053/22-25 ,' ,

, 3054/1-3 3056/3-4 3056/16-19 .

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3054/18-21 3058-3061 3062-3063 3064-3065 3068 3070 Respectfully submitted, JKAk f)A D g?Mrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas,-Texas 75224 214/946-9446

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TESTIMONY OF CHARLES ATCHISON.ON HARRASSMENT, INTIMIDATION AND DISCOURAGEMENT CASE EXHIBIT 650 . Admitted into evidence at Tr 3468

1. NCR (written on managment violations of site procedures and ANSI standards) overridden by management and never did go through regular channels: P.12(13-25),

13,14(1-20)

2. NCR never written: P. 22(18-25), 23(1-21), 24, 25, 26(1-3)

3. Told he was overinspecting: P. 23(23-24)

4. Schudule must be met or you will be fired: p.38(7-20),57(1-12)

5. Singled out to be excluded from' reinspection team because it was felt he was overinspecting: p.41(.12-22)l-

' 6. Morale problems: P. 49(9-12),' 64(19-29), 65, 66(1-2)

7. Terminated: P.53(7-27),54

8. Brown & Root refused to give out information to prospective employers:

P. 59(8-9)

9. Brown & Root turned him down for unemployment compensation: P. 59(13-16)

CASE EXHIBIT 650B . Admitted into evidence at Tr. 3468

'l. NCRs caused his discharge: P. 2 CASE EXHIBIT 656, Admitted into evidence at Tr. 3468

1. Told to close out an audit in spite of, unacceptable disposition: P.2(11-15)

2. Rose Klinist fired for standing up to Tolson and for trying to see that the QA program was done right: P. 3(24-26), 4(1-23)

CASE EXHIBIT 738, _ Administrative Law Judge Decision, Admitted by Board Order 1/4/83

1. Brandt's and Purdy's testimony that the " pow wow" note explanation for job removal / discharge is incredible, false and pretextual: P. 21

TESTIMONYOFCHARLESATCHIS0tiONHARRASSMENT,INTIMIDATIONANDDISCOURAGEMENT CASE EXHIBIT 684, Admitted into evidence at Tr. 4456

1. Department of Labor found Atchison fired at Waterford III only after he testified in Comanche Peak' licensing hearings: P. 1 and 684A O

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TESTIMONY OF CHARLES ATCHISON-ON HARRASSMENT, INTIMIDATION AND DISCOURAGEMENT (Cross-examina tion :tes timony)

1. Two inspectors fired for refu;ing to jeopardize their lives in an

. inspection: Tr. 3382(4-8)

2. NRC not doing its job (understaffed and unobjective): Tr3395(7-11)(19-22) e

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, ~, j , DECISION OF SECRETARY OF LABOR DONOVAN LATED JUNE 10, 1983 ON ATCHIS0N FIRING

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1. ALJ held that Atchison had proven his protected activities of filing NCRs 296 and 361 were the sole cause of the adverse actions taken against him: P. 1, 11, 15, 17

2. ALJ held that Brown & Root's stated reasons for transferring and terminating Atchison were not credible and were pretextual: P. 1, 11, 21

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3. Atchison was fired in spite of high performance ratings: P. 3, 4, 8, 18, 23, 24

4. Brandt singled Atchison out as, identifying too much porosity in connection with team mapping of defects on flCR 296: P. 19

5. 'Brandt said Atchison used improper. technique in spite of his high score on

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recent' exam: P. 20 e

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6. Purdy claimed he was unable to place Atchison but Ice would have accepted him: P. 9, 24 F

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4 TE TIMONY.0F JACK D0YLE ON . INTIMIDATION, HARRASSMENT AND DISCOURAGEMENT

1. Believes he was blackballed for testifying at ASLB hearings:

Affidavit attached to CASE's 1/18/83 letter to Appeal Board in Comanche Peak hearings CASE EXHIBIT 669, Admitted into evidence at Tr. 3630:

1. Told not to include LOCA, and iif he couldn't forget it there were other people who could: P.23(14-17),25(3-5)

• 2. Felt he would have been fired if he didn't sigh documents he was required to sign: P.110(19-25),111(1-11)

3. Quits: P. 25

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4. Intimidated from asking for NCR form: P.75 i-

TESTIMONY OF JACK D0YLE ON DI-SCOURAGEMENT FROM DOING JOB'RIGHT CASE EXHIBIT 669 . Admitted into evidence at Tr. 3630

1. Told to remove all thermal; then, to remove self-weight excitation of support steel in calculations: P. 28(5-13)

2. Up until March everything was fine then everything fell apart:

P. 28(12-24), P.33(13-25),P.34(1-7)

3. Did not run Grinnell supports' as fas as seismir. analysis: P.32(23-25),

P.33

4. March 8 memorandum resulted in' theii doing things wrong: P.36(21-25),

37(1-6),42(22-25),43(1-8),49(16-f9)

5. Time-history profuile too costly so problem of thermal differentials was r.ever addressed: P.51

6. Because it was his judgement not to weld over girth weld the document was taken away from him: P.83

7. Didn't report a beam supported only on three sides because he got tired of talking about things: P. 312

CASE EX. 651, JOHN JUNIOR GATES: Pattern of -Discouragement From Doing the Job Right Admitted at Tr. 2924 The fol. lowing citations are taken from the Testimony of CASE witness John J. Gates and from the Transcript portions of his cross-examination during the July,1982 hearing before the ASLB (. Judge Marshall Miller, presiding). It should be noted that Mr. Gates was (until he quit) a carpentry foreman at the plant. -(Testimony at 6/8-16; 7/24-28; 14/9-23).

1. Unqualified supervisors made quality work hard to do (Testimony at 9/

23-27; 10/22-11/26; 17/21-18/l; 15/6-7; 30/5-16).

2. "We'd build it up . . . they wo'uld tear it down" (Testimony 10/1-6; 15/

16-18; 20/18-21/1; Transcript 286)7/21-2868/2; 2881/14-2882/10).

, 3. Low worker morale and unsafe working conditions (Testimony 31/2-25; Transcript 2875/16-2876/11).

4. NRC(Transcript 2879/4-13).

5. Des'ign Changes poorly docum'ented (Jestimony 16/14-18; Transcript 2900/

13-2001/4;Testi;40ny,at 35 'last line - 36/12).

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CASE Ex. 652, CORDELLA HAMILTON: Harrassment, Intimidation, Discouragement, Etc. Admitted Tr. 3528 The following citations are taken from the Testimony of CASE witness Cordella Marie Hamilton (CASE Exhibit 652) and from her cross-examination during the July,1982 hearing before the ASLB:

1. Discouraged at first from becoming an inspector by Harry Williams:

(Testimony 1/15-17).

2. Disgust with unfair treatment of employees--e.g., the firing of Bob Hamilton, Joe Krolak, and Shennan Shelton: (Testimony 3/28-32).

Discouraged from ensuring accuracy of documentation: (Testimony 5/

3.

18-6/2';.6/37-39; 7/1-8/21;.9/19-22; 10/1-20: 11/8-26; 14/6-31).

4. Overload of work (13/33-14/5;.15/8-12).

5. Inspector who actually did go; out to verify numbers was fired (Testimony 15/28-39).

6. Inspectors ordered not to write NCR's on some coatings (Testimony 19/14-20/10).

7. Low worker; inspector morale: (Testimony 22/11-26).

} Drugs on site (22/last line - 23/3).

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9. Building things on site that are for non-plant purposes or get fired l

(Testimony 23/4-15).

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. TESTIMONY OF BOB HAMILTON ON INTIMIDATION, HARRASSMENT AND DISCOURAGEMENT CASE EXHIBIT 653 Admitted at Tr. 3528

1. .Three were fired for refusing to jeopardize their lives in an inspection:

P. 7,8,10,11

2. Soil testing inspectors told to stop writing NCR's and quit: P. 14

3. Almost got fired for firing insptctors not doing an adequate job: P. 22

4. Threatened with firing if produt tion did not pick up: P. 43 4

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TESTIMONY OF B0B HAMILTON ON DISCOURAGEMENT FROM DOING JOB RIGHT CASE EXHIBIT 653 Entered a't Tr. 3528

1. Surface preparation procedures changed from including standard to omitting: P. 15

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2. Supervisors overrule decisions of inspectors without any detailed knowledge of criteria: P. 16

3. Hawkins wrote that he should ignore specifications on paint: P. 17.

4. Brandt, Foote & Cummings straightened out documentation. system by reducing number of procedural c. hecks: P. 18

5. Backfit program changed quality specifications & construction procedures to meet production. schedules: P. 19

6. Daniel Hash quit because his NCR's were all dispositioned Use as Is or else kicked out: P. 20

7. Three examples of totally inadequate dispositions of NCR's; most of them marked Use as Is: P. 21', 22

8. Two auditors said to dump Ohio vendor, then Jim Hawkins' audit superseded and vendor continued to be used: P. 24, 25

9. ' Unqualified engineers:

. P. 29 r

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10. Result of discouragement: P. 32

$ 11. Refusal of management to dismiss employee who blatantly and admittedly-slept on the job', approved inspections over the phone, etc.: p. 34

12. Krolak bench incident: P. 36

13. Inspector with four flattened tires: P. 36

'14.Hotthinnerpouredoninspect5r: P. 36

15. Overruled by supervisors: P. 41

16. Inspections of concrete coatings done with floating specifications: P. 42

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). e TESTIMONY OF B0B HAMILTON ON DISCOURAGEMENT FROM DOING JOB RIGHT CASE EXHIBIT 653 Admitte'd at Tr. 3528

17. Hawkins inspectors to let construction paint or else: P. 53

18. IRN's not used as unknown: P. 55

~ 19 . Quality program outside containment changed when they began to write so many NCR's , no longer safety related: P. 58

20. QC required to sign off on paint without watching application now: P. 59

21. Morale: P. 59 o

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CASE EXHIBIT 655, STANLEY G. MILES: Harrassment, Intimidation, Discouragement, Etc. Admitted Tr. 2985 The following citations are taken from the Testimony of CASE witness Stanley G. Miles (CASE Exhibit E55) and from the Transcript of his cross-exanination during .the July,1982 hearing before the ASLB (Judge Marshall Miller, presiding):

1. Reason-for testifying before ASLB (Testimony at 40/3-41/1).

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4 CASE EXHIBIT 655, STANLEY G. MILES: Discouragement From Doing the Job Right The following citations are taken from the Testimony of CASE witness Stanley G.. Miles (CASE Exhibit 655) and from the Transcript of his cross-examination during the July,1982 hearing before the ASLB (Judge Marshall Miller, presiding):

1. Poor supervision (Testimony at 47/14-49/26).

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J TESTIMONY OF HENRY STINER ON HARRASSMENT, INTIMIDATION AND DISCOURAGEMENT CASE EXHIBIT 666 . Admitted into evidence at Tr. 4203

1. Workers did things they knew were wrong because they were afraid of losing their jobs: Tr 4212(1-2), 4216 (6-19), 4220 (18-25), 4221 (1-6),

4223 (13-18), 4235 (18-25), 4236 (2-13)

2. Workers afraid to tell the truth like Chuck Atchison, who was fired twice: 4229(8-17), 4252(4-25.), 4253(1-19), 4254 (1-5)

3. Steiner fired twice without good reason. First: Tr 4232-4233, 4234(1-16)

Second: Tr 4237 (2-25), 4238-4242,' 4243(1-6), 4248(9-20)

4. NRC discourages reports of allegat,igns: Tr4217(15-20),4246(16-18),

. 4247(1-4),4249(8-25),4250,4251(1-6)

5. NRC ignores requests for confidentiality: Tr4207(12-21),4243(16-22)

6. NRC leaks allegations to licensee: Tr4230(17-25),4247(6-13)

7. NRC " sanitized" notes inaccurite, etc.: Tr 4208(6-10)

8. NRC report not supported by NRC " sanitized" notes: Tr 4204(12-16),

4225(14-25),4226(1-8)

9. NRC report on allegations incomplete: Tr4204(12-14),4209(7-14),

4210(14-25), 4224(3-9), 4225(5-13), 4231(1-12) (20-22), 4254(25)

10. NRC report on allegations inaccurate: Tr 4209(7-14), 4221(7-13),

. 4222(1-11),4222(14-22),4224(9-19),4228(16-25),4229(18-25),4230(3-16)

11. NRC investigative practices not conducive to finding the truth: Tr4219(6-15),

4223(20-25),4225(1-4),4255(1-9)

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TESTIM 0!!Y OF HENRY STINER ON DISCOURAGEMENT FROM DOING JOB RIGHT

' CASE EXHIBIT 666 . Admitted into evidence at Tr. 4203

• In training: Tr4211(7-15)

In field:

4207(5-12) 4211(17-25)

-4216(6-19) 4221(8-13) 4223(13-18) ,

4227(.2-25),4228,4229(1-10)(18-25J e

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TESTIMONY OF DARLENE STINER DN HARRASSMENT, INTIMIDATION AND DISCOURAGEMENT CASE EXHIBIT 667 . Admitted into evidence at Tr. 4125

1. Tries to obtain copies of certification and training files because she is afraid she will be fired: p.58,59(8-18),61(7-25),62(1-14),63, 64, 65(1-4) (15-25), 66

2. Applicant suddenly refuses to furnish her with a copy of NCR she had written: p.59(3-7) (22-25), 60, 61(1-5), 65(4-14)

3. Visual reexamination required of her by NRC for no good reason: P. 67, 68 ,

4. Moved four times within two days from one end of plant to other: p. 69, 70,71,72(1-20)

5. People are afraid of testifying: p. 73(1-3) (20-25), 74(_l-10)

Note: Darlene Steiner's testimony is replete with examples of NRC failures in terms of confidentiality, leaks to licensee, inaccuracies in NRC sanitized notes, incompleteness and inaccuracy of NRC report on

$ allegations , and examples of their ineffectiveness at finding the

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truth. CASE was unable, however, to index Mrs. Steiner's testimony as it indexed Mr. Steiner's. It is significant that a similar log of instances of flagrant violations of the mandate of'the NRC can be assembled from this testimony,'too.

TESTIMONY OF DARLENE STINER ON DISCOURAGEMENT FROM DOING JOB RIGHT CASE EXHIBIT 667 . Admitted into evidence at Tr. 4125 In training: p.24(8-18)

In field:

P. 26(13-19), 27(1-15)

P.31(1-5)

P. 33(4-9), 34(19-22), 35(4-11)

P.47(8-25)

p. 50(15-25)

P. 54, 55(.1-5) -

P. 41(8-25), -42(1-8) (11-22)

P. 43(17-19)

P. 49(22-25), 50(1-12) ,

P. 51(16-18)

P. 56(11-22) e V

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B0B BRONSON: Discouragement,' Harrassment, Intimidation, Etc. Tr. 4845-4853 (limitedappearancestatement)

The following citations are taken from the Limited Appearance State-ment of Bob Bronson, which was presented before the ASLB during the Septem-ber,1982 hearing:

1. Item #3: "I was expressly forbidden -to write NCR's. . . . "

(NOTE: Mr.' Bronson was employed at Comanche Peak as a QA/QC in-spector until he resigned just before Labor Day in 1982--Item #

19.) .

2. Items #1, 2, 6, 7, 8, 9,.26 - unqualified inspectors; improper

- documentation of inspector qualifications.

3. Item #22: lack of proper QC procedures.

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(limited appearance statement)

MICHAEL CHANDLER: Discourage' ment, Harrassment, Intimidation, Etc. Tr. 4871-4877 The following citations are taken from the written Limited Appearance Statement _ submitted by Michael Chandler and submitted to the ASLB during the September,1982 hearing:

1. Electrical cable work done under protest: 2/7-18.

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DENNIS CULTON: Discouragemerit, Harrassment, Intimidation, Etc.- Tr. 5551-5559 (limitedappearancestatement)

The following citations are taken from the Limited Appearance State-ment of Dennis Culton which was presented before the ASLB during the Septem-ber, 1982 hearing:

1. Use of non-engineers to do engineering tasks: 1/26-2/10.

2. Discouragement from trying to correct possible mistakes: 2/13-23.

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JAMES D. Y0ST: Discouragement, Harrassment, Intimidation, Etc. Tr. 4861-4865 The following citation was taken from the Limited Appearance Statement of James D. Yost, which was presented to the ASLB during the September,1982 hearing:

1. Laid off because he was "too old": 4/5-7.

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g e Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of - I i

-APPLICATION OF TEXAS UTILITIES Q GENERATING COMPANY, ET AL. FOR. Q Docket Nos. 50-445 AN OPERATING LICENSE FOR Q and 50-446 CG4ANCHE 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 Answer to Board's 10/25/83 Memorandum (Procedure Concerning Quality Assurance);

and CASE's Summary ~of the Record Regarding Intimidation, etc., and Discouragsnent have been sent to the names listed belcw thi,s 28th day of November , 19BjL, by: Express Mail where indicated by

• and* First Class Mail elsewhere.

Administrative Judge Peter B. Block', - Alan S. Rosenthal, Esq. , Chairman U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Panel 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 Archi tecture and Technology U. S. Nuclear Regulatory Cannission 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 881,W. Outer Drive U. S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D. C. 20555 Nicholas S. Reynolds, Esq. Atomic Safety and Licensing Appeal Panel Debevoise & Liberma6 U. S. Nuclear Regulatory Commission 1200 - 17 th St. , H. 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 Comnission U. S. Nuclear Regulatory Comnission Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing ' Board Panel V. S. Nuclear Regulatory Commission Washington, D. C. 20555 8 4

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, , , Certificate of Service Page 2 e' .

David J. Preister, Esq.

Assistant Attorney General Environmental Protection Division P. 0. 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 Presi_ dent and General Manager Texas Utilities Generating Company '

2001 Bryan Tower Dallas, Texas 75201 Lanny Sinkin -

114 W. 7th, Suite 220 -

Austin, Texas 78701 .

Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 0ju. h (JAL

,(yfs.) Juani~ta Ellis, President

' CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 1

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