ML20098A596
| ML20098A596 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 06/17/1992 |
| From: | Gunderson A AFFILIATION NOT ASSIGNED |
| To: | Elizabeth Wilson NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20094C275 | List: |
| References | |
| FOIA-95-191 NUDOCS 9509260313 | |
| Download: ML20098A596 (7) | |
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A IOM Documentation to iof materially false statements by Nuclear Energy Services Penn Central Corporation (NES/PCC) regarding former NES/PCC employee and senior vice president Arnold Gundersen
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Arnold Gundersen. was wrongfully discharged by the Nuclear Energy Services Division of Penn Central Corporation (NES/PCC) on May 21, 1990 after three weeks of harassment and intimidation for bringing. forth nuclear safety concerns and j
violations.
Mr. Gundersen filed a complaint for wrongful discharge with the DOL as
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a nuclear whistleblower on June 12, 1990 and was assigned case #1-0280090 045, file l
- 90 107 05886.
is documentation of, the materially false statements made by 1
The following report NES/PCC during June,1990 to DOL inspector Judith McFarren in which NES/PCC maintained there were,no nuclear violations.
A technical I.rjnspection report issued by the Nuclear Regulatory Commission (NRC)' June 12, 1992 shows not only seven violations, but other issues pertaining to this case and others are being investigated by the NRC's Inspector General and Office of Investigations.
4 i
Materinilv false statement #1 DOL Renort from William Manion. President NES/PCC l
On the front of page 1 of William Manion's testimony to the DOL, Mr. Manion said, "The radio nuclide storage event resulted in Mr. Gundersen's removal from the Radiation Safety Committee because of his actions in handling the event""
j This is a materially false statement, Upon discovering radioactive material.
Mr. Gundersen immediately sought the advice and assistance of the NES/PCC Radiation Safety Officer (RSO),
Mr. Gundersen discovered NES/PCC was in violation of its license by not having an RSO. This illegal action on the part of i
NES/PCC obstructed Mr. Gundersen's actions to properly handle this event.
j Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's He was harassed, intimidated and wrongfully discharged.
management.
The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL.
Materially False Statement #2 On the back of page 4, of William Manion's testimony to the DOL, Mr. Manion said.
"Mr. Gundersen proceeded to notify no one."
This is a materially false statement.
Upon discovering radioactive material.
Mr. Gundersen immediately sought the advice and assistance of the NES/PCC Radiation Safety Officer (RSO).
Mr. Gundersen discovered NES/PCC was in violation of its license by not having an RSO. This illegal action on the part of i
NES/PCC obstructed Mr. Gundersen's actions to properly handle this event.
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, o i, v4, iv,vu o vaeevevenee-vizioso,ose... o l8 DOL Documentation, Gundersen, case #1-0280090 045, file #90107-05886 page 2 Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's
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management.
He was harassed, intimidated and wrongfully discharged.
The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations inclurting the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL.
4 Materially False Statement #3 On the back of page 5 of William Manion's testimony to the DOL, Mr. Manion said, l
"What puzzled me was the delay in Gundersen's reporting of the situation
.....I couldn't understand lack of action...."
This is a materially false statement.
Upon discovering radioactive material, i
Mr. Gundersen immediately sought the advice and assistance of the NES/PCC Rediation Safety: Officer (RSO).
Mr. Gundersen discovered NES/PCC was in violation of its license by not having an RSO. This illegal action on the part of NES/PCC obstructed Mr. Gundersen's actions to properly handle this event.
Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's management.
He was harassed, intimidated and wrongfully discharged.
I The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL, Materially Falce S tatement #4 On the back of page 6 of William Manion's testimony to the DOL, Mr. Manion said, "We as members of the Radiation Safety Committee, must set the example for proper i
radiation safety procedures.
His (Mr. Gundersen's]
actions were the opposite."
Upon discovering radioactive material, This is a materially false statement.
j Mr. Gundersen immediately sought the advice and assistance of the NES/PCC Radiation Safety Officer (RS0).
Mr. Gundersen discovered NES/PCC was in violation of its license by not having an RSO. This illegal action on the part of NES/PCC obstructed Mr. Gundersen's actions to properly handle this event.
i l
Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's management.
He was harassed, intimidated and wrongfully discharged.
The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL.
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j DOL Documentation. Oundersen, case #10280090 045, file #90107-05886 page 3 t
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Materially False stalament #5 id
. On the front of page 8 of William Manion's testimony to the DOL, Mr. Manion sa.
Oundersen.only ' attempted to contact.Dr. Ryan of the Radiation Safety. Committee."
This is a mate lally false statement.
Upon discovering radioactive material, Mr. Gundersen immediately sought the advice and assistance, of the NES/PCC Radiation Safety Officer (RSO).. Mr. Gundersen discovered NES/PCC was in violation of its license by not having an RSO. This illegal action on the. pan of NES/PCC obstructed Mr. Gundersen's actions to properly hand!c this event.
Mr. Oundersen brought this violation, and others. to the attention of NES/PCC's He was harassed, intimidated and wrongfully discharged.
management.
dated June 12, 1992 confirma Mr. Gundersen's The NRC reinspection report allegations of seven license violations including the fact that NES/PCC did. not have an RSO for a 10 month period.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL.
Materially False St stement #6 On tne back of page 8 of William Manion's testimony to the DOL, Mr. Manion acknowledges in item 7A that NES/PCC had no Radiation Safety Officer from September 1989 until April 1990.
Mr. Manion said he " chose to allow.... " this situation "..... since there were no ongoing activities involving our by product materials license nor any indication of an upcoming reqstirement.... "
This This casual " choice" was in fact a violation of the NES/PCC License.
violation was discovered by Mr. Gundersen 1
This is a materiallv falte statement-The NRC reinsnection renort dated June 12.
i 1992 states that NMR/PCC was in violation of this licence reauirement for a 10 month ceriod extendina until June 9. 1990.
Mr. Gundersen brought this violation. and others, to the attention of NES/PCC's j
He was harassed, intimidated and wrongfully discharged.
management.
dated June 12, 1992 confirma Mr. Gundersen's The NRC reinspection report allegations of seven license ' violations including the fact that NES/PCC was in i
violation of its license requirements, Mr, Manion -was aware of the license violations at the time he made his statement to the DOL.
~ Materially False Rtatement #7 On the back of page 8 of William Manion's testimony to the DOL, Mr. Manion said.
license precludes NES from having any licensable quantities of "Since our - NRC radioactive material at the Danbury site, it is not necessary to post the NRC license in Furthermore, it is not required that Form 3's be posted in Danbury."
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DOL Documentation, Gundersen, case #1-0280090 045, file #90107-05886 page 4 l
l This is a materfally false statement.
NRC personnel have informed Mr.
l Oundersen that llcensed activities do occur in Danbury and that posting of the license and Form 3's are required by law.
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Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's management.
He was harassed, intimidated and wrongfully discharged.
I The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC was in violation of its' license requirements.
Mr. Manion was aware of the license violations at the time he made his statement to the DOL.
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l Materialf v False Statement #8 On the front of page 9 continuing to'the back of page 9 of William Manion's testimony to the DOL, Mr. Manion said, "....his (Mr. Gundersen's] conscious decision to delay the i
reporting of that situation for an' extraordinarily long time demonstrated his (Mr.
Oundersen's] lack of Iconcern for radiation safety, and were the reasons for his removal for the Radiation Safety Committee."
i This is a materially false statement.
Upon discovering radioactive material, Mr. Gundersen.immediately sought the advice and assistance of the NES/PCC Radiation Safety Officer (RSO).
Mr. Gundersen discovered NES/PCC was in violation of its' license by not having an RSO. This illegal action on the part of j
NES/PCC obstructed Mr. Gundersen's actions to properly handle this event.
l Mr Gur.dersen brought this violation, and others, to the attention of NES/PCC's management.
He was harassed, intimidated and wrongfully discharged.
3 The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have au RSO for a 10 month period.
M r. Manion was aware of the license violations at the time he made his 3
statement to the DOL.
Materimily fahe statement #9 DOL Renort from Gren' Kennv. Vice-President PCC On the front of page 1 of Greg Kenny's testimony to the DOL, Mr. Kenny said that j
Manion "..... noted that a safety issue had been raised by Arnie, but it was a false alarm due to a misread label.
I quickly reviewed the facts of the incident to make l
sure we were proper in our safety procedures.
I was disappointed that Bill was not quickly alert ed...."
This is a materially false statement.
The NRC reinspection report dated June 12, 1992 found seven violations by NES/PCC to its license.
I Most critical to the DOL investigation was the fact that during a 10 month interval which included the time Mr. Gundersen raised his safety concerns.
NES/PCC was in: violation of its license by not having a Radiation Safety Officer (RSO) serving the Licensee.
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Mr. Gundersen t immediately sought the advice and assistance of the RSO, however NES/PCC did not have an RSO in violation of its license.
This illegal action on the part of NES/PCC obstructed Mr. Gundersen's actions, i
Mr. Kenny states that NES/PCC's procedures were " proper", but the NRC has found seven violations in this investigation and has investigations moving forward with both the Inspector General and the Office of Investigation.
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J NES/PCC's own ! violation to its license is swept under the rug by Mr. Kenny's materially false: statement.
Mr. Gundersen brought this violation, and others, to the attention of NES/PCC's manageme'nt.
He was harassed, intimidated and wrongfully discharged, j
Mr. Kenny was aware of the license violations at the time he made his statement to the DOL.
i Materially false statement #10 DOL Report from Georae Hamiltnn. Erecutive Vice Pretirfent NES/POO On the front of page 2 of George Hamilton's testimony to the DOL, Mr. Hamilton said, "I did consider Arnie's mishandling of the sources in the vault as confirmation of his proper selection for the layoff."
This is a materially false statement.
As part of his handling of sources in the vault, Mr. Gundersen immediately sought the advice and assistance of the RSO, however NES/PCC did not have an RSO as required by its license.
Mr. Gundersen fo'und NES/PCC was in violation of its license.
Mr. Gundersen brought this violation, and others, to the attention of Mr. Hamilton and l
NES/PCC's management.
He was harassed, intimidated and wrongfully discharged.
The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Gunderr,en acted appropriately by seeking the advice of the RSO.
This l
license violation, which was an i!!egal action on the part of NES/PCC obstructed Mr. Gundersen's actions.
Mr. Hamilton was aware of the license violations at the time he made his statement to the DOL.
i Materially falce statement #11 On the back of page 2 of George Hamilton's testimony to the DOL, Mr. Hamilton said.
"My feeling is that at the time of this issue. Arnie panicked."
This is a materially false statement.
The NRC reinspection report dated June 12, 1992 notes that NES/PCC was in violation of its license at the time of the incident because it did not have a Radiation Safety Officer serving the licensee.
3 Mr. Gundersen did not panic, but rather immediately sought the advice and assistance of the RSO.
The company's own violation to its license obstructed Mr. Gundersen's actions and logical solution to the problem.
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DOL Documentatien, Gundersen, case #1-0280090-045, file #90107 05886page 6 I
Mr. Hamilton was informed b RSO as required by its license.y Mr. Gundersen that NES/PCC did not have an Mr. Hamilton chose to blame Mr. Gundersen for i
" panic" rather than acknow!cdge NES/PCC had conducted illegal activities and was in violation of its license.
Mr. Gundersen found NES/PCC was in violation of its license.
brought this violation, and others, to the attention of Mr. Hamilton and Mr. Gundersen NES/PCC's management.
.He was harassed, intimidated and wrongfully discharged.
The NRC reinspection report dated June 12, 1992 confirms Mr. Gundersen's allegations of seven license violations including the fact that NES/PCC did not have an RSO for a 10 month period.
Mr. Hamilton was aware of the license violations at the time he made his statement to the DOL.
Materiallv false statement #12 DOL Renort frnm Bonnie f annu ni. Personnel Director NM/PCC On the back of page 1 of Bonnie Iannuzzi's testimony to the DOL, Ms. lannuzzi sa
"...His
[Mr. Gundersen's little or no improvemen]t." performance reviews consistently sited problem areas with This is a materially false statement.
Mr. Gundersen's most recent performance review in December 1989 (copy enclosed) rated his performance as a "4" on a scale of "I to 5" with a 5 the highest rating, and given only for perfect perform a nc e.
Additionally, Mr. Gundersen's salary increase for 1989 was outstanding.
Finally, only one other NES employee at the level of vice president and above even received a raise in 1989.
Mr. Manion. Mr. Hamilton, Mr. Keenan, and Mr.
Schmidt did not receive any salary increases in 1989 due to their poor performance.
Only Mr. Gundersen and Mr. Uziel received performance increases.
Further documentation of Mr. Gundersen's performance is available upon request, including but not limited to the year end accounting statements.
These accounting statements document an outstanding performance for the entire nine years of Mr. Gundersen's profit reports also show a detailed comparison to the other officers.and loss responsibility.
These for during several other years.only other officer who was financially suc 0