ML20087F271
| ML20087F271 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/12/1984 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8403190032 | |
| Download: ML20087F271 (9) | |
Text
~-
4 qELATED CORRESPONDENC 00CKETED N
3/12/E4 UNITED STATES OF AMERICA '84 MAR 16 A10:35 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS]NGEBUARD(..tiu
.g".j'a., *-
a v <.
In the Matter of i
I TEXAS UTILITIES GENERATING l
Docket Nos. 50-445 and COMPANY, et al.
l 50-446 I
(Comanche Peak Steam Electric Station i
Station, Units 1 and 2) l CASE'S MOTION FOR DISCOVERY REGARDING "T-SHIRT" INCIDENT Pursuant to 10 CFR 2.740, 2.740b, 2.741, and 2.742, CASE (Citizens Association for Sound Energy), Intervenor herein, files this, its Motion for Discovery Regarding "T-Shirt" Incident. The incident in question is set forth in the attached three newspaper articles, and are relevant to these proceedings under CASE's Contention 5, specifically insofar as it pertains to possible harassment, intimidation, and/or threatening of QC Inspectors at Comanche Peak.
It is not CASE's understanding that discovery has been closed regarding the intimidation matters. However, whether or not discovery were still open regarding intimidation matters, this most recent incident certainly would fall under the heading'of new and significant information and therefore discoverable.
l It is obvious that when eight electrical Quality Control Inspectors are held in a room under guard for several hours while their desks, lockers, and personal i
belongings are searched and documents and personal items confiscated by manage-r ment officials, this constitutes -harassment at a minimum, end perhaps (as CASE believes) indicates a much more serious pattern of intimidation and harassment by management at Comanche Peak.
8403190032 840312 ppq ADOCK 05000 4 O
4 503
. Following telephone calls and off-the-record conference calls between CASE, other parties, and the Board on Friday, March 9,1984, Judge Bloch asked that the Applicants cooperate by working with CASE on an informal basis to provide the documents and information CASE sought.
However, later Friday afternoon, CASE was informed by Applicants that they could not cooperate on an informal basis regarding this matter and that CASE would have to file some-thing officially in writing. On Monday morning, March 12, 1984, CASE initiated an off-the-record telephone conference between CASE, other parties (with the exception of the State of Texas, whose representative was not available at that time), and the Board' Chairman to pursue this matter.
One of CASE's primary concerns was that the documents, tape recordings, etc. regarding this matter should be preserved in the form they were in at the time they were confiscated or recorded, so that CASE could see or hear them in that form. During the conference call Monday, March 12, Judge Bloch ordered the Applicants to preserve the documents, tape recordings, etc. as they were at the time of the conference call.
It is CASE's understanding from a later telephone conversation with Applicants' counsel Bill Horin that this has now been done.
CASE was told to file a written request for discovery regarding this matter, with the Applicants to respond after the hearing presently scheduled for March 19-23. We ask that the Board set a date certain for the filing of Applicants' response and that it be made by expedited delivery.
l t
I l
_u
. As discussed previously, CASE's primary concern at this time regarding the "T-Shirt" Incident is insofar as it pertains to the question of intim-idation, harassment, and/or threatening of QC inspectors at Comanche Peak.
In its 12/28/83 Memorandum and Order (Scheduling Matters), the Licensing Board specifically stated that CASE shall have the opportunity to present testimony concerning its allegaticns of intimidation of quality assurance and craft (page 4, item 11); further, in that same Order the Board specifi-cally reopened discovery with respect to certain other matters and stated that parties shall be permitted a reasonable period of discovery (page 3, item 7). As far as CASE is aware, discovery is still open regarding the intimidation issue and there has not even been any indication from the Board that discovery regarding this matter is about to be cut off.
(Certainly that is the assumption under which CASE has been operating. We do anticipate that we will have further discovery requests on this issue.
Our primary concern and the reason for our haste regarding the "T-Shirt" Incident was that we have an opportunity to view the documents and hear the tapes, etc. in their original form.)
1 It is obvious that CASE does not and cannot at this time know exactly what the documents and tapes, etc. contain. F dever, it is clear under NRC regulations that:
"... parties are entitled to discover all matters not privileged that tend to support or negate the allegations in the pleadings, or which are reasonably calculated to reveal such matters."
-- In the Matter of Pennsylvania Power & Light Company and Allegheny Electric Cooperative, Inc. (Susquehanna Steam Electric Station, Units 1 and 2), Docket Nos.
50-387 and 50-388, Appeal Board Decision, September 23,1980, page 24
~ = = = = =
= = - - _.
=-.
a
( See also 10 CFR 2.740, 2.740b, 2.741, and 2.742, especially 2.740(b)(1),
which states, in part:
" Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding... It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence."
For the reasons discussed herein, CASE hereby moves that the Board grant its request for discovery, as set forth in CASE's Seventeenth Set of Interrogatories and Requests to Produce to Applicants (which is attached to this pleading).
We also move that the Board set a date certain for the filing of Applicants' response and that it be made by expedited delivery.
Respectfully submitted, Gw1 Ese -
p's.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 0
4
s' l
I
....,,.c
.. me.a u..%,.n
- c. m n
.tK *f y.- M *
- 3-4 ase
~
7 f
at Comanche Peak
=
- Friday. March t. tseek.* * *g g, g.W gme
,. i )
By BRUCE MIIIAR " #g '
3,
- tors who review their work. -
3ame;7ebrsrem waner.O r.2:o-. Asourcesaidtheinspectorswere ElgSt quality control inspectors told that craft workers had threat-
- rd r s. e.*.. d, :M, :...
J L*+ r W
^***
'.". 'A 3 u,;
at the ComatAhe Peak nuclear pow-ened "to beat them up and rip the
,r,-
M.,,
. m.a.?.."..b
'r fr
'4..
er plant were detained four hours shirts off their backs."
P-- *] '-- mCUb. w. 'J v *. r..
i,h:t40 n!:'
Dursday and sent home carly be."
George Hedrick spokesman for causeplant managersdidn'tlike the Texas Electrac Service Co..one of six message on their T-sharts, utahties that own the plant under
.f. m The silver and black shirts said construction near Glen Rose, de.
g
" Comanche Peak Nitpickers. We fended the action of plant mana-arein the business of picksng nits." gers "We take quality control seri.
7,.. '. = e -< -S
.ag.
ary 19831ncident in which a 70rmer foolishness." he said. !
Thesloganisa reference to a Janu* ously 'and* don't ; condone
' plant supervssdr MthedInspectors BillClementsinuclearbperatfong' tostop"natpicting"orhewouldfire vice president for Texas Utilities n
them.
n w.... ---.,,,. Generating Co..said he ordered the "We put tHe shirts on as kind of a
- Inspectors kept out of view because joke."saad a quahtycontrolemploy-of concerns about violence.
,ee who requested anonymity.
Buta plant employee said fears of i
i i
A spokesman for plant owners violence were unigunded. None of said officials were concerned that. theinspectorshad beenthreatened, l
the T4hirtv;which he called ins 'and more than 30eraft workers had flammatory."would provoke fights
- asked Thursday.where theytould.
hetween workers and the inspec-Please see Inspectors' on Page g 2A
< tes4 roRT WORTH STAR rftfcRAM E FRfDAY MORNING. MARCH 9 19841 a-1..
. *. i l Jnspec.
_.."TY shirtsispe'+* llifduble at pihnt fors Continued from Page g were held by a security guard for
- obtain similar T-shirts, he said.
Brown & Root while being inter-Tshirts "."could be considered pro res'poitsibly" Check sal' 'Hedrick said.' ~ ""
electrical termination blocks. 'Itey d
vocative While the inspectors were de.
A source contended that detalo. contend that the streamhned mea.
l viewed by plant officials. Clements At IJO p.m. the eight inspectors said he did not know whether the Check said plant managers told tained. Brown & Root supervisors ing theinspectors was a pretext for sure overlooks an important safety i
. werstsheredtotheplantgatesand.were guarded >.-......-.. y
- the NRC on nursday that they and top managers searched their searching their files forcocuments check of electrical work.- --
told that they could return Friday *"-"There might have been a guard were investigating the inspectors
- flies ' and personal belongings, that would discredit the plant's._ Utility officials said the junction perf rmance and 467encerned-Brown & Root offletals were seen -quautycontrolprogram. Plant offl.- boxesinquestionalreadyhavebeen l
- without the T-shirti Seven are there to makesure that they dad not that they might have done damage leaving the inspectors' of fice with a cials were looking for documents inspected, and dropping the proce-
, employed by prime contractor roam around" he said.
or_been disruptive during their.tri. cardboard box fa!!ed 2% feet high alleging that construction deficien Z dure ehminates duplicated effort.
.i. Brown & Root Ca.and the eighth Paul Check deputy administra.
spections.:
l
. ! works for subcontractor Ebasco. tor at the U.S. Nuclear Regulator 7; "We hstened and drew a tentative sources said.
withdocumentsandpefsonalitems,1. The inspectors have opposed a cies had not beenreported.hesa.1 The plant 45 miles southwest of
(
. Services Inc.Their names were not Commission's regionaloffacein Art. judgment that Ithe managers) * *We did take the op'portunity to. new Brown & Root quahty control schedule. Officials estimate its
- tr *:
Fort Worth is four years behind avail 1ble. Hedrick said. i
- ington.said the agency approved of seemed to beacting responsiblyand look through the files for unauthor. procedure that eliminates some in-will reach $3.89 bilhon by com i
Although sources said the men the plantmanagers'. action because. that.th. ey s.eem.ed to.b.einvestigatin,g, ized mater,ial..a.n.d. d.ocu.ments," spections for bad wiringand broken. tion in early 1985.
.t
~.
n i
y -
4 *;, wr. g
- 4.jy 9 -
Saturniy, !L! arch 19.1984. DALLAS TI.tlES IIFPALD Comanche Peak officials defend new procedures By JACK BOOTil Staff Writer Corneuhe Peak nuclear plant officials confirnwd Frufay that eight quahty controlin-spators showed up for work Thursday wear-j ing an "inflamrnatory" message on their T-slurts in an apparent protest of changes in inspntion prumiures.
Utility spokesnun Dick Rams y also said plant officials seized a br,x!al of datuments that had been gathered by the inspwtors, but he refused to etwnment on reports that the l
workers amembled the retirds to show that construction defwts were going unreported.
Rarmey said the inspectors were incorrect in thinkmg that a rwent change in inspatson procedures elinunated important checks of electrical components at the piant near Glen i
Rose.
A pubhc interest group involved in the plant's imenssng hearings said it will ask a fal-eral licensmg board to order the utibty to turn over the documents that were seind.
Juanita Elks, the president of the Otizens Asswiation for Sound Erergy, said the inci-dent stemmed from concerns about the plant's quahty control program.
The eight mspectors were sent home after appearing at work with T. shirts hearing the message. "We're in the busmess of pcking nits." All were back on the kh Fnday, and no disciphnary action was taken, Ramsey said.
Samsey said the phrase on the shirts was a reference to an treident in January 1983 in which a supervisor told a group of inspwtors:
"If you guys don't stop your rutpicking, we'ro genng to come ichind you with a rnagnifying glass and pull your certsfarates."
In a ruhng last October, the U.S. Labor Department sauf a quahty control supervisor was fared ilk gally for complainmg to has supe-nors about the "rutpicking" incidcnt and other alleged haramment of inspators.
Charges that inspetors were intimidated have tusvene key issues in the plant's hcensmg hearings, which resume the week of blarth 19 m Fort Worth. binnbers of the U.S. Atomic Safety and Licensing board that overwes Co-manche Peak say the quahty of the plant's construction could be in doubt if widespread harassment norurred.
Ramsey said Brown & Root, the main contractor at the plant, recer.dy changal an insprtion procedure to ehnanate some inspe-tsons for bad wiring and broken parts. Ile said the change was made to avoid duplications of iraspretions that have already bien done lie dermed that prrxedures have been weaktewsl.
Clyde Wasner, a spokesman in the Arhng.
ton offue of the U.S. Noricar Regulatory Gnnmission staff, said: "We feel that so far as we know the situation, they (plant officials) have acted responsibly."
When told of Wisner's statement. Stuart Treby, an NitC lawyer in Washinginn. DC sa;d: "I'm not sure that's an accurate statenwnt."
)
Chrj3allas,%rmnoNtW4 Friday, March 9,1984 X p ant officials find T shirt slogan objectionaie, send 8 workers home By Walter Borg~es ~ q-;
referred to an alleged intimidation' an expert at picking ni!s,' " Ramsey staff writerof TheNews attempt last year, spokesman Dick' said. "We took them off the job be-You may be able to say it, but Ramsey said cause we take our cc's:nitment to you can't display it at the Coman.
The U.S. Nuclear Regulatory quality assurance very seriously che Peak nuclear-power plarpt.L Commission recommended in De-and those Tshirts did not seem to Eight quality-control inspectors cember that a uti;ity subsidiary be proper in light of that commit-at the plant near Glen Rose in Som. managing the project be fined m ent."
ervell County were sent home from 540.000 for an incident in which a The utility will not dock the pay work Thursday because they wore supervisor allegedly told inspec-of 1:'e eight inspectors for being T-shirts bearing slogans referring tors to stop " nit-picking"during in-sent home. Ramsey said. The work-to allegations of an intimidation in.
spections or else lose their certifi-ers will be required to leave the T-cident,' a. spokesman for. plant cations. The utility has denied the - shirts at home when thef report :.
owner. Texas Utilities Electric Co;- allegation and appealed the fine, ;,for work Friday and will be inter-said., n 'Am v4 !s!T!,*.twa ,.i claiming that the supervisor used a ' viewed by is c' mpany official from o
Dall'as to she if they have any com-
_ i ; The inspectors'T shirts bore the' Poor choice of wordsJr !-
.:4 -
words " Comanche Peak" on one "Thez T shirts said ~ something ~ plaints about the company, Ramsey
'2 side and a slogan on the other that like 'It's my job to nit-pick' or Tm said L.
- _ L-O
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of i
I TEXAS UTILITIES GENERATING I
Docket Nos. 50-445 and COMPANY, et al.
l 50-446 I
(Comanche Peak Steam Electric Station i
Station, Units 1 and 2) 1 CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE's Motion for Discovery Regarding "T-Shirt" Incident have been sent to the names listed below this 12th day of March
, 198 _,
4 by:
Express Mail where indicated by
- and First Class Mail elsewhere.
- Administrative Judge Peter B. Bloch Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Panel 4350 East / West Highway, 4th Floor U. S. Nuclear Regulatory Commission Bethesda, Maryland 20814 Washington, D. C.
20555
- Dr. Kenneth A. McCollom, Dean Alan S. Rosenthal, Esq., Chairman Division of Engineering, Atomic Safety and Licensing Appeal Architecture and Technology Board Oklahoma State University U. S. Nuclear Regulatory Commission Stillwater, Oklahoma 74074 Washington, D. C.
20555
- Dr. Walter H. Jordan Dr. W. Reed Johnson, Member 881 W. Outer Drive Atomic Safety and Licensing Appeal Oak Ridge, Tennes'see 37830 Board U. S. Nuclear Regulatory Commission
- Nicholas S. Reynolds, Esq.
Washington, D. C.
20555 Bishop, Liberman, Cook, Purcell
& Reynolds Thomas S. Moore, Esq., Member 1200 - 17th St., N. W.
Atomic Safety and Licensing Appeal Washington, D. C.
20036 Board U. S. Nuclear Regulatory Commission
- Geary S. Mizuno, Esq.
Washington, D. C.
20555 Office of Executive Legal Director U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Maryland National Bank Building Panel 7735 Old. Georgetown Road - Room 10105 U. S. Nuclear Regulatory Commission Bethesda, Maryland 20814 Washington, D. C.
20555
.. t Docketing and Service Section (3 copies)
Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Renea Hicks, Esq.
Assistant Attorney General Environmental Protection Division Supreme Court Building Austin, Texas 78711 John Collins Regional Administrator, Region IV U. S. Nuclear Regulatory Commission 611 Ryan Plaza Dr., Suite 1000 Arlington, Texas 76011 Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 Lanny A. Sinkin 114 W. 7th, Suite 220 Austin, Texas 78701 R. J. Gary, Executive Vice President Texas Utilities Generating Co.
2001 Bryan Tower Dallas, Texas 75201 a
JKrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk l
Dallas, Texas 75224 214/946-9446 I
,