ML20092B662
| ML20092B662 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/19/1984 |
| From: | Rockwell D PACIFIC GAS & ELECTRIC CO. |
| To: | |
| Shared Package | |
| ML20092B654 | List: |
| References | |
| NUDOCS 8406200321 | |
| Download: ML20092B662 (4) | |
Text
l DOCr#f ren RELATED CORRESPONDENCE
(;s.
'84 Jun go pg;,8
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l UNITED STATES OF AMEP.!CA Sh <g.
,y NUCLEAR REGULATORY C06MISS10N sddf -
BEFORE THE ATONIC SAFETY AMD LICENSING APPEAL BOARD
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In the Matter of
)
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Docket Mos. 50-275 PACIFIC GAS AND ELECTRIC COWANY
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50-323
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(Diablo Canyon Nuclear Power
)
Plant, Units 1 and 2)
)
)
AFFIDAVIT & D.A. Rockwell i
STATE F CALIFORNIA
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I ss j
CITY A COUNTY OF SAN FRANCISCO The above, being duly sworn, deposes and says:
4 I, D.A. Rockwell. am Special Projects Engineer for the Pacific Gas and Electric Company at the Diablo Canyon Nuclear Power Plant.
In such capacity, I work directly with management of Pullman Power Pmducts and the H.P. Foley i
Cogany who are contractors on site at the Diablo Canyon Nuclear Project.
In such capacity I an informed of personnel shifts and force changes of each organization. I have caused that the employment files be reviewed of the three individuals who were identified in the May 17, 1984 submittal of P6andE: Mr. J. McDonnott, Mr. T. O'Neal, and Mr. J. Phillips.
I have also 1
investigated the possibility of the existence of any claims of harassment made by any of these three individuals as a result of the affidavits. Contrary to the mpresentatien of Thomas Devine, no harassment or reprisal by P&anE or its contractors against any of the three individuals has msulted from their anonymous allegations.
8406200321 84062' PDR ADOCK 050002/5 0
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EXEIBIT 1
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h-Mr. J. McDenmott was hired by Pullman on May 13, 1983.
In a scheduled force reduction on January 13, 1984, Mr. McDermott was let go by Pullman. He was rehired by Pullman on April 9,1984. He currently worts for Pullman.
1 Mr. J. Phillips was originally hired by PTGC on March 31,1983 and, as part of a scheduled force reduction, was let go on March 23, 1984. His ranking in March 1984 was 143 out of 147.
Subsequent to his layoff by PTGC he was hired by Pullman on Aprf) 9,1984.
He curmntly works for Pullman.
Mr. T. O'Neal was hired by Pullman as a QC inspector on July 5,1983 and l
currently is working for Pullman in that capacity.
The two individuals who were laid off were let go as a result of legitimate reduction of force, and not as the result of any allegation or affidavit they may have signed. Both were let go prior to April 26,1984, the date when NRC first released the affidavits to PGandE.
Investigation has revealed no reports of harassment by any of these three individuals as a result of their allegations. There have been no reports to their supervisors. There have been no hot-line reports, and there have been no mports by union representatives regarding these individuals.
Mr. T. O'Neal did for the first time come to sty office,on June 12, 1984, the day after the Joint Intervenors motion was filed, to speak to me about hts alleged quality concerns. He demanded sqy written response to his concerns.
2-
a He did not infom me of av phsical threats, social harassment or reprisals of av kind resulting from his allegations.
Dated: June 19,1984 U.A. ROCkwell Subscribed and sworn to '
, before me this 19th day of June,1984 i
e SEAL Mancy J. Lethaster, -
Notary Public in and for the City and County of San Franciso State of California.
% consis.*1on expires April 14,1986.
^ XO E- 'um c::ee:w:, o%s; e
1 O NO7ARY PUEf0-Cl4F0PnA '
NANCY J. LEMASTER i CITY AND C3(NTY OF I
$AN FR4t!Cl$00 Y
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pivotal grounds for the request for the protective order are 2
based on, ati best, a misleading affidavit.5 3
As acknowledged by this Board in the case of 4
Consumers Pover company (Midland Units 1 and 2) ALAB-764, 5
supra., the informer protection extends only to the identity 6
f the informer and not to the substance of the information Provided.6 See Roviaro v. gited States, supra. at CO.
7 O
Applicant has no other means -of access to the 9
allegations which are contained in Exhibits 3, 4, 7, and 10.
10 It is the substance of those allegations and not the identi-11 ty of the allegers which is of importance to Applicant, 12 Staff, and this Board.
13 14 15 5This pivotal allegation should give the Board cause to 16 question the veracity and forthrightness of Joint Intervenors' allegations.
While the allegation in the 17 affidavit is that the three individuals were either laid off or suffered harassment since Februa.m.f 16, 1984, it is clear 18 that the layoffs were not related to their affidavits and that the individuals involved were even reemployed prior to 19 the release of their affidavits.
It is also clear that there is an absence of harassment as a result of their 20 allegations.
Given such inclination to stretch the facts, this Board must scrutinize all claims of Joint Intervenors.
6As in the Consumers Power case ALAB 764 supra., there 22 is no issue of privilege involved here.
Any con:1centiality that may have existed between Thomas Devine, affiant, and 23 the anonymous allegers was clearly breached when disclosure was made to Joint Intervenors and their counsel.
While 24 Thomas Devine has acted, in other matters, on behalf of Mothers for Peace, one of the Joint Intervenors, he is not e unsel of re ed on behalf of all Joint Intervenors in this 25 action.
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