ML20082S474

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Amend to 831125 Motion to Reopen Record on Comstock Issues Based on News Article Re Allegations of Different Contractor & Broader Scope of Allegations.News Article & Certificate of Svc Encl.Related Correspondence
ML20082S474
Person / Time
Site: Perry  FirstEnergy icon.png
Issue date: 12/08/1983
From: Hiatt S
OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8312140155
Download: ML20082S474 (5)


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f Dece.ber 8, 1983 UNITED STATES OF ; AMERIC-A-

DOCKETED NUCLEAR REGULATORY.Ct.a'n&SION ~~ ~[

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Before the Atomic Safety and Licensine Board 13 DEC 13 All:32 In the Matter of

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"J F 5 F M _ it.T A-CLEVELAND ELECTRIC ILLUMINATING

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Docket Nos. 50-UCC40.idG A SERr COMPANY, Et Al,

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50-441 BRANCH

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(Operating License)

(Perry Nuclear Power Plant,

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Units 1 and 2)

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IRENDte?T 'IO WJTKNdO:PEOPEN THE RECORD' ON COMSTOCK ' ISSUE 3 On November 25, 1983, Ohio Citizens for Responsible Energy ( OCRE")

filed a Motion to Reopen the Record on Ccrnstock-Issues requesting that the Board reopen the record for the limited purpose of receiving affidavits concerning allegations raised by former Ccrnstock inspectors, he nation'was based on two news articles (and supplenented by letter of November 30 with a third news article). OCRE proposed that the Board utilize the Office of Investigations as its investigatory arm to take affidavits frce.these persons, OCRE now;subnits nother news article (attached) in support of its i

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notion. Beqidse the allegations raised therein concern a different contracto F and are much' roader in scope than those in the three previous articles, OCRE finds b

it necessary to amend scrne of the particular requests in its nction.

OCRE ncw believes that, rather than having OI take affidavits, justice 2/

and expedienW might be better served by having the Board conduct an in camera s

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y Although thh Board limited Issue 3 to CEI's control of its electrical gg contractor (~see Menorandum and Order (Procedural Objections and Staff Witness to Question), August 30, 1983, and Tr. 1464-65), OCRE respectfully suggests that c

that ruling was not based upon evidence in the record (nor could it have been, SJ as the ruling served "the purpose of limiting cross-examination," _Id.) and 00 clearly contradicted the plain language in LBP-82-ll4 setting forth the four N

issues of fact' set fo'r trial. Tnis matter notwithstanding, OCRE trusts that

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h the Board will reopen the record to include all serious issues (of which Staff Q b and Ipplicants were apparently unaware) raised by Perry workers, regardless of their relevance to the Comstock issue.

_2/ Expedienc 'is necessary as these inspectors may not stay in the area b

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exoloratory hearing at which Perry workers can, without fear of publicity, reveal their concerns, under oath, to the Board. All such persons appeering 3/

would be considered Board witnesses. This exploratcrj hearing would serve to alert the Board to issues for consideration in later evidentiary heari gs.

There is precedent for this action in the rulings of the Catawba Licensing Board; that Board is now holding such hearings and ordered the applicant, Duke Power Co., to post notices in the Catawba plant urging workers to cc'e forth with their concerns.

Accordingly, OCRE moves that the Licensing Board:

(1) conduct an in camera exoloratory hearing, as described above, in Painesville, Ohio no later than 60 days from this date; (2) Order Applicants to post notices of said hearing at least 30 days prior to the hearing date throughout the Perry construction site, emphasizing the in camera nature of the hearings and requesting workers to appear, and encouraging persons unable to attend the hearings to send written statements to the Licensing Board under prcmise of confidentiality, if requested; 2/ (INTINUED long after their employment at the Perry site has ceased.

Ei OI investigation ray not proceed swiftly enough to avoid this problem.

Furthennare, OI represents an extra step between the Board and the potential witnesses that may not be necessary and can only serve to cause delay.

It is imperative that this Board have a ccmplete and full record on which.to decide the issues. This is demonstrated by the Partial Initial Decision on OA (issued December 2,1983), in which the Board adopts Applicants' conclusion that "the uncontradicted evidence is that Applicants' quality assurance program has prevented, and ~ill continue to prevent, unsafe conditions at the plant."

w (Slip op, at 56, emphasis added.)

It is incumbent upon this Board to see%

evidence to the contrary when public allegations suggest that it exists, and to facilitate the appearance of these witnesses, vino, for fear of retaliation, right not com forward, absent special protection from the Board.

_3/ Persons testifying at the exploratory hearing need not be ccnpensated as suggested in OCRE's original notion unless their appearance causes them to miss work or to incur unusual travel expenses. Some hearing sessions should be held at tires convenient to potential witnesses, e.g. on evenings or weekends.

(3) Cause to bd published in newspapers in Cleveland and Lake Co, Ohio 4/

and Erie, Pennsylvani T a notice of-the hearing of the same general content as the notices to be posted in (2) above; (4) Order Applicants to release to the Board alone the names and addresses of all inspectors (CEI and contractor) whose employment at Perry has ceased within the last 12 months, and send to these persons a notice of the hearing and.a' letter explaining the purpose and circumstances of the hearing and specifically requesting their appearance.

Respectfully subnitted, f

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.4 Susan L. Hiatt OCRE Representative 8275 Munson Rd.

Mentor, OH 44060 (216)255-3158 l

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Many Perry workers ccmnute from Erie.

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News-Herald,

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L." p {) Q Thursday, Dec.1. SL 2..-

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  • Before he and others took certification
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tests to become inspectors, Johnson officials

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e gave them answer sheets, hoping to certify By Bill Sammon inspectors who could not recognize faulty News-Hera!e Staff Wnter Construction. Last night, Wade gave the NRC officials-some 20 pages of answ:r A former inspector at the North Perry sheets that contained hundreds of answers to Village nuclear power plant told federal test questions.

officials last night he approved thousands of

  • Workers for Johnson and other con-

" faulty welds that could lead to a serious tractors are routinely paid for many hours

+ nuclear accident at the plant.

they don't work and days they don t show Richard Wade,48, of Madison Township, up at the plant. When they do w;ork, they.

. also said he and other workers were given the

- cre te intentional, costly construction delays answers to dozens of tests that had to be

. in an, effort to prolong their jobs, which will passed before the. men were certified as

. be ehmmated when the plant is complete.

sinspectors.

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  • Security at the phnt is appallingly bad, F Wade met with U.S. Nuclear Regulatory especially in comparison to nuclear plants L Commission officials at Country Inn in Hampsh,in. Michigan, Mentor to te!! of gross safety and security.

Wade, has worked at ire and New.

Lou,s anna, New

! violations and widespread corruption at the ~

Perry, plant. Wade, who has been an inspector for Jersey. ','Anybody can walk into,s m that Wade said. "Nobody knows who 30 years at various nuclear power plants-plant and who,s out of that plant.

across the country, was fired for Heffner said any, bad welds would "incompatability" 16 days ago from

- pr bably have been noticed durmg a recent, Johnson Controls Co., a major contractor at extensive mspection m which the NRC OK d

' the plant, he said"for the Cleveland Electric

.8,000 welds throughout the plant. Heffner A spokesman also defended the plant s security system.

. Illuminating Co., which is building the 55.2

. billion plant, said Wade's allegations will be Jack Bushnell, Johnson's project manager investigated but faulted him for not coming at the plant, said, "If there's anyone passing forward sooner with the complaints.

out answer sheets I'm sure we'll find out "He had a moral obligation, if he was '

about it and dismiss any person involved."

Concerning the allegations of pay without he proper authori te '"

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$ spokesman. Glenn W.. Heffner Jr. "Why work, Bushnell sa,id, "Our policy is to work i didn't he come forward before?"

people aq,get eight hours work for e,ight P Wade said he didn't.come forward for hours pay.

jfear of losing his job, which he began Oct. 4. '

NRC spokesman'Jan Strasma said Wade i

,- "If you even raise a question on I is the latest in a " rash" of quality control

. something, you're done, you're finished, the inspectors who have come forward in recent

.same day," Wade said.

weeks with grave complaints about the

. Wade made the following allegations plant. The former inspectors, which include several from Comstock, are being in-yduring interviews with the News-Herald before and after his meeting with the NRC:

terviewed this week b'y three NRC reactor

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  • Workers "overwelded" thousands of inspectors who arrived in Lake County from djoints on a hydraulic piping system that Chicago Tuesday, Strasma said. They are pushes control rods into a nuclear reactor.

not expected to comment on the issue for at More than twice the needed metal was used least two weeks.

in the welds, so the piping is excessively io.

of

v. lation
stressed and could break. "which could lead

. "If there is some sort will;take the appropriate to a total meltdown." A meltdown is an mvolved, we

' uncontro!!ed nuclear reaction that actually action," Strasma said. ",As far as whether ggs are, loaf

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.junsdiction.,ing on the jo, t at s not our melts the core of a nuc! car reactor, generating deadly levels of radiation, Wade began working at the pl nt for I

$15.57 an hour. He said he thinks he was fired for raising too many questions at the plant. He said he was told he did not get along with his bosses and fellow workers...

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CERTIFICATE OF SERVICE 13 DEC 13 M1:33 This is to certify that cocies of the forecoina were served byIy'

-deposit in-the U.S. Mail., ~first class, postage' prep h i. g sg 7p' day of l i.

,19 o3 to those on N mNCH 9

-service list b,elow.

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.,1 Susan L.

Hiatt SERVICE. LIST

-Peter B. Bloch, Chairman Terry Lodge, Esq.

Atomic Safety & Licensing Board 618 N. Michigan St.

U.S. Nuclear Reaulatory Comm.

Suite 105

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Washington,'D.C!

20555 Toledo, OH 43624

'~

Dr. Jerry R..Kline iAtomic Safety.& Licensing Board.

U.S. Nuclear. Regulatory Commission i

Was'h'ington,- D. C.

20555 Mr..Glenn O.

Bright Atomic-Safety L. Licensing Board U.S. Nuclear Regulatory Commission

~

. Washington, D.C.

20555

, Colleen P..Woodhead, Esq.

Office'of-the' Executive Legal Director U.S~. Nuclear Regulatory. Commission Washington,.D.C.

20555 Jay.Silberg, Esq.

Shaw, Pittman; Potts, & Trowbridge 1800 M Street, NW i.

. Washington, D.C.

20036 y

Docketing'& Service Branch

.Offi'ce of'the Secretary U.S.. Nuclear' Regulatory.. Commission Washington, D.C.

20555

Atomic Safety.&, Licensing. Appeal. Board' Panel

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U.S. Nuclear Regulatory Commission Washington, D.C.

20555

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