ML20086C882
| ML20086C882 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/25/1983 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8311290222 | |
| Download: ML20086C882 (7) | |
Text
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November 25, 1983 UNITED STATES OF AMERICA 00tKETED NUCLEAR REGULATORY COMNISSION USf6C Before the Atomic Safety and Licensing Bog 3 NOV 28.N0d1 d
In the Matter of
)
)
0 FREE OF 5ECEdIA:
Docket Nos. C3Wl4(8f[fyfW.
6 CLEVELAND ELECTRIC ILLUMINATING
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50-4 COMPANY, Et A1.
)
)
(Operating License)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
)
MOTION TO REOPEN THE RECORD ON COMSTOCK ISSUES Intervenor Ohio Citizens for Responsible Energy ("OCRE")
hereby moves the Licensing Boa.rd to reopen the record on Issue #3, concerning CEI's. control of its electrical contractor, L.K.
Comstock Co.,
for the limited purpose of receiving affidavits to determine whether a hearing should be held concerning the recent firing of'Coms'tock QC inspectors.
This motion is based on two news articles (attached) appearing in the Cleveland Plain Dealer on November 19 and November 23.
These articles tell of two Comstock inspectors, Phillip G.
Hendricksoq and Gene F. Mathis, who were fired in October under suspicious circumstances.
Sources have told OCRE that other inspectors have been recently fired by Comr.tock as-well.
The standards for reopening the record are set forth in Pac'ific Ga's and Electric (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-598, 11 NRC 876, 879 (1980), as follows:
i (1) the motion must be timely; (2) raise a significant issue; and (3) be of.such a nature so as to cause a different result 8311290222 831125 PDR ADOCK 05000440 G pop
- g - _1/ l to be reached. These standards have been met. This motion is obviously not untimely, since the news articles have just recently appeared. Nor can it be argued that OCRE could have been aware of the situation sooner. The infor-i mation in the articles was the exclusive. knowledge of the ) 4 allegors, L.K. Comstock, and possibly CEI. Clearly OCRE cannot be hcid accountible for information inaccessible to it and not available through discovery, FOIA, or other means. If anything, Applicants should be faulted for not bringing this matter to the immediate attention of the Board and parties. The only burden upon OCRE is to act quickly once the allegors have come forward with information, which has'been done. The issues raised herein are of extreme significance. One of the inspectors (Mr. Hendrickson) believes he was fired because he wanted to talk to the NRC. This is a severe violation of 10 CFR 50.7 and 42 USC 5851. The other inspector, Mr. Mathis, states that there is " daily harassment from production" which compromised the QA program if it interfered with construction schedules. Not only is this a violation of Criterion I, Organiza-tion, of 10 CFR 50 Appendix B; such practices, by undermining the independence of quality concerns from cost and schedule priorities, necessary for a functional QA program, place in question the safety of the Perry plant. Specific complaints about cable trays l 1/ This Licensing Board invoked a less stringent standard for motions to reopen filed prior to the issuance of a partial initial at 2. That decision. August 18 Memorandum and Order, LBP-83-52, decision notwithstanding, OCRE addresses all three criteria since j an affirmative showing is made in each. I l I
c i
- a and the correlation of work with engineering drawings were also raised.
If CEI CEI's-control over Comstock is a vital matter here. knew of the' firings and other deficiencies, then it is an If CEI did accomplice in the commission of illegal activities. not know, then obviously there was lack of control over Comstock. Criterion I of 10 CFR 50 Appendix B places the In any event, .responsibil ty for the QA program (and by implication, deficiencies i therein) squarely upon the Applicant. That problems of this type are occurring even after the 81-19 investigation which supposedly prompted effective corrective action.is of grave concern. The final factor is closely related to this fact. Although the Licensing Board has not yet issued a partial initial decision on this matter, it goes without saying that harassment and discrimination against Comstock QC inspectors is an extremely Problems of this type had not previously been serious matter. raised before the Board. Nor have any parties other than NRC Staff and Applicant presented evidence on the Comstock problem. Therefore, it is quite likely that this information from a third party could cause the Board to reach a different result than if it had not been proffered. OCRE therefore urges the reopening of the record on this Because the inspectors are reluctant to communicate issue. with intervenors, and since unprofessional conduct of NRC (apparently) Region III Inspection and Enforcement personnel has (which discouraged Mr. Mathis from contacting the been alluded to NRC with his concerns), OCRE proposes that the Licensing Board ~ utilize the NRC Office of Investigations (headquarters personnel)
i. as its investigatory arm to question the two inspectors i (and others), secure affidavits from these persons, and in i . general conduct such investigations into the activities of CEI, Comstock, and the NRC Staff as are necessary for a full and complete record on this matter. If a hearing is held, the inspectors (and others who have information which contradicts the views of Staff and Applicant but who do not wish to appear on behalf of-intervenors) should be called as Board witnesses-2/ l and they should be paid fees and mileage (pursuant to 10 CFR j
- 2. 720 (d) ) by the Commission.
i Respectfully submitted, W W Susan L. Hiatt OCRE Representative 8275 Munson Rd. Mentor, OH 44060 (216) 255-3158 I 2/ There is precedent for this action in Pacific Gas and Electric TDiablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-604, 12 NRC 149 (1980), where ACRS consulants were called as Bo2.rd witnesses since they were presumably unwilling to appear on behalf of intervenors. 4 se-c4--.w y. .,.w...-..ew-,,-e, --,.,.i---,w.---
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^ ., [(4, ' P. ady f %x '%- h 11' i MF ]g' ' s is,v,, ) Mi L', ey .- r. m ML; Mk.i p f; % l 1 i ' *g& , - s,Q A /.' J ,1 t .O@( F L, , Qf pdc i: g W *~ Q ~ ~; 5 f)V haQ ~; ,flf ' a w4iw : ats,.-. :a$1&.g, [.;:%h.'\\ y ?. y. w s.~,.g.g 3 3 ;<-.: z. ., f .f W,y.y;M; :, - i%..s.: e q. g, : ~ m a., g w.m 4, . ~,. % .Q.g Q c. ,y, ..%,m' c. %'. q -, N-Ly f ( p 1_ y s %2 ,y ",M . :3 Her[drickson with his wiIe', M he51e' ' - Fired Perry nucle'ar power plant inspector Phillip C.- and two of their three children. .,,s ,? Perry worker; fired, ~ sooght NRC advice - Hendrickson said be felt ver. .. Elax L Gildner, the NRC resi. dentinspector,said the complaint p ba!!y intimidate s., /'i By James Lawless has been forwarded to the NRC , supervisors, particularly by Bob, A' quality control' inspector at'l
- A!arino, a'Pittsburgh Comstock -
regional office for investigation.- I don't have a
- official, during one training j the 55.2 billion Perry nuclear.
. power plantsaid yesterday he was session. i express his concerns about plant $.' bout fired after asking permission to the materials - (steel) ; iteords,butlamconcernedabout k According to He g-a Marino said, "If I tell you some. construction to the Nuclear ' the timeliness of his dismissa! thing is black and white and you, 'l Regulatory Commission ' when he asked to talk to NRC.see. orange, you better say it is Phinip G. Hendricksort,29, of ' personnel," he said. black and white." P"sonnd pracuees Mn Ife said morale among Com. LK. Comstock Co. - you got a ;,; stock quahty co Pamesvine, said he was fired Oct. the 20 by'LK. Comstock Co electricalcontractor atPerrh,less : company that treats people hke he met was poor. "Of the 10 in-than one month after Comstock machines, like a tool." GHdner spectors the knew),.only one moved him and lus family 2,500 said."They are not real personnel seemed partially happy," he said. miles from Grandview, Wash. conscious. '"That is because they are not u He said NRC is already inves. treated like people, but like e Hendrickson, who has nine tigating similar personnel prob. ' tools." years' esperience in his field said 'lems raised by other Comstock Hendrickson said he does not he was hired Sept. 27 to be a 'employes. An NRC report releas- . Level 11 jaspector and was in a i. ed last week said it found no har. know what he will do now. He trainmg program when he was assment or - intimidation at and his wife, Michelle, have three young chddren, includmg a son, 3 fired. Perry. Jacob,7, who has a bram disease r
- He'said be had questioned' his
' A Comstock official'ln Pittr. and is institutionahzed in supervisor about records on stee! burgh refused to answer questions Mshington. at Perry, and the supervisor said > about Hendrickson's firing and, the Nuclear Regulatory Commis. said all questions must be sub. He said Comstock offered him g sion had approved the steel.When ,mitted in wnting., he ratsed questions a second time, P Comstock has been involved in i to Washington., or separation Hendnckson said another super. several previous problems at pay. "The only reason we have food ' visor pointed his finger at him Perry, includmg a shutdown ofjin the. house is because of the, and acted disgusted with him. the plant because it violated . Mormon Church," Hendrickson
- *I went to Dick Bower the on.
proper procedures, and a flap ~ [said. "We don't hav when it refused to allow workers, tomorrow I am gomg to try to - site quahty control manager,and asked permission to go to the , towearthe American flagontheir - sen all of our thmgs so we ca NRC/* Hendickson said. "He told hard hats. i* ' gct back to Washmgten. We are me the NRC representative was Glenn Heffner, a ppokesman form a hell of a mess." on vacation and about 15 mmutes r Cleveland E'ectric illummatmg ~" ~ later I was escorted off site. Co.,'whicti is building the plant,. - "I mas asking tuestions so I said CEl would mvestgate the could understand.he job, so J allegation. could do it right. f.ower told me I was termmated for incompat. W
1 ] ) E .; THE PLAIN DEALER, WEDNESDAY, NOVEMBER 23,1983. l 5 "s 1 3 F + [ Fired worker . mllpggg%g worried about
- n. oork at Perry ? ? M;'
3 - - ~ ~ c 3, p g;Byfames La,wjpssl.g., place [Co'mstock s electrical' e j f a, . p. dA quality. control. worker, fired contractor but, was told that it. g(, *U.si efrom the $5.2. billion. Perry; nu.. would be too much trouble to find.. J.qg4 clear plant site,.said safety of a replacement. Q"yg a , construction work -is being af-He said pressure from C' EI to D'M R'WT {fep'ted by t.he low morale of,the keep the job on schedule causes pY! g;b ^[S 7 quality control work force. . work to be.done without proper. ~ i' MA ? ., o - '.' Gene.F. Mathis, who worked quality control checks, and then' M " ~j (j d 2 bas.a level II quality. control in. requires the work to be redone. . specter for the L.K. Comstock Co., after problems are f.ound. P /3 PETE COPEurc [the electrical contractor at Perry, . said he was fired Oct.14 after 20: "This is one of'the worst jobs for morale and turnover," he said. Mathis said he never. raised .pmonths at the site for having an g, unprofessional. attitude,and for Mathis said the best inspectors these issues to NRC because he tend to leave or get fired out of overheard one of its inspectors refusmg to follow' management. frustration. make fun of Comstock inspectors' ; ,direptives; ' to Comstock "There is daily harassment complaints _ He is,the.second fired Comstock inspector to discuss the problems from production," he said. "They managers. 3 fail to understand that we don't j . with The Plam Dealer in a week. Ronald' Farrell, a CEI Perry work for them." Mathis said un-manager, said he had contacted f .. Max Gildner, a Nuclear Regu-less, quality control is protected Mathis and would meet with him !j l .latory Commission resident in-from pressures from engineering and NRC officials shortly to dis-1 spector, said last week that Com-or construction elements, quality cuss safety concerns Mathis has. 9 stock treats it workers like ma-control tends to decline. "We will check into some of the chines instead of people. He complimented Dick Bower, details he has given us," Farrell Comstock officials'did not re-the quality control manager at said. E [ ) . turn telephone calls. Perry, but said Pittsburgh,0ffi-E Admitting that his temper was cials were difficult to work with. ~~ 'a problem, Mathis said he flew "They didn't like to be told they fi d l off the handle because procedures were wrong," he said. [ l we're changed without reason and Mathis said a typical problem, E quality control concerns were which he' photographed, was of a ignored, they slowed if , cable tray (which holds electrical .constructionc :, , cables) installation. He said he --Mathis has six years experience was sent out to inspect the tray I as a quality contro.1 inspector at and found it " filled with garbage, I our nuclear plants, and said he ' electrical wiring and welding f l lwas surprised at the depth of materials," he said.: I morale problems within Comstock' He also complained of work l that he noticed from the first day that was done that did not relate j he started. to engineering drawings. He said, ' ' Cordell C. Williams, NRC chief if there is a fire or a failure in a t of plant systems, testified in May cable tray,"how are you supposed a that NRC suggested that Cleve-to find it if the drawings are all land E!cetric illuminating Co. re-wrong."
i t y U I DOLKE TEC-i USNRC CERTIFICATE OF SEF.VICE. This is to certi'fy that copies of the foregoing were served by :13 NW 28 A1011 deposit in the U.S. Mail, first class, postage preppid., this .25 M day of /U.w 4 1983tothosf0hifthh service lis't b,elow. BRANC. r. Susan L. Hiatt ~ SERVICE LIST Peter B. Bloch, Chairman Terry Lodge, Esq. Atomic Safety & Licensing Board 618 N. Michigan St. U.'S. Nuclear Regulatory Comm. S"ite 10 Washington,'D.C. 20555 gle g 0H 43624 Dr. Jerry'R. Kline Atomic Safety _.& Licensing Board. U.S,._ Nuclear. Regulatory Commission i Washington,~D.C. 20555 Mr..Glenn O. Bright Atomic Safety & 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 . Washington, D.C. 20036 Docketing'& Service Branch . Office of'the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic. Safety.&. Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555}}