ML20100F430

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Show Cause Petition Requesting Suspension or Revocation of License NPF-30,due to Failure to Comply W/Qa Regulations & Guidelines Re Proper Training of QA Personnel
ML20100F430
Person / Time
Site: Callaway Ameren icon.png
Issue date: 03/25/1985
From: Nemes A
DREY, K., MISSOURI COALITION FOR THE ENVIRONMENT, NEMES, A.S.
To:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation
References
CON-#186-781 2.206, NUDOCS 8504040333
Download: ML20100F430 (10)


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l March 25, 1985 Director of' Nuclear Reactor-Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555 Director, Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission Washington,.DC 20555-Show Cause Petition Requesting Suspension or Revocation of Operating License for Union Electric Company's-Callaway Nuclear Power Plant, Unit One.

'I. Introduction Come now the Missouri Coalition for the Environment and Kay Drey (" Petition-ers")-to petition the Director of Nuclear Reactor Regulation, and the Director, Office of Inspection and Enforcement (" Director") of the U.S. Nuclear Regulatory Regulation, pursuant to 10 CFR S 2.206 to serve upon the Union Electric Company L("UE") an ' order to show cause why the operating ' license for the UE Callaway

' Nuclear Power Plant, Unit One ("Callaway Plant") should not be suspended, pending a full investigation by the Nuclear Regulatory ' Commission ("NRC") of the viola-tions of law described herein, or revoked, and why such other actions as request-ed in this Petition should not be taken.

II. Description of Petitioner Missouri Coalition for the Environment is a non profit corporation dedicated

~ in part to ensuring proper safety ' control and environmental protection in the generation of nuclear power and is the successor in interest to an intervenor in the _ proceedings for issuance of an operating license at the Callaway_ Plant. Kay Drey is a rate payer of UE and a Missouri. citizen' concerned with proper protec-tion of. public -health and safety with ' regard to the generation of nuclear power.

III. Authority-Title 10 of the Code of Federal Regulations, S 2.206(a), establishes the right"of the public to petition the Director to institute a proceeding pursuant

. to 10 CFR S 2.202(a) to modify, suspend, or revoke a license or for other relief.

Such a petition must set forth the factual basis for the petition and the relief requested. The Director may, pursuant to 10 CFR S 2.202(a) institute such a

_ proceeding by serving upon the licensee an order to show cause.

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IV. Summary UE ~ has permitted at least twenty two . unqualified inspectors, including personnel responsible for supervising safety inspections, to undertake testing and inspections that'UE, the NRC, and the public rely upon to insure safe opera-tion of the Callaway Plant. Inspectors without proper training and expertise have for at 'least four years tested and inspected every portion of the plant' including the reactor building, assuring management, regulators and the public that electr; cal systems, civil work, mechanical systems and materials are in conformity with prescribed designs for operation and maintenance of the plant.

The ' disqualification of these inspectors raises serious ' questions as to the adequacy of the inspection process ' and the actual safety of the plant. In addition, the failure of UE ' management to identify the problem. for such an extensive period, despite complaints from the inspectors themselves, reveals violations of UE's legal obligation to monitor safety inspections continually at the plant and to provide inspectors with direct access to levels of management sufficient to assure prompt reaction to safety violations.

V. Facts
1. UE operates the Callaway Plant pursuant to a facility operating license

! granted by the NRC in October of 1984 (License No. NPF-39). Construc-l tion of the plant was completed in 1984 under a construction permit granted by the NRC in April, 1976.

2. UE is required by law to institute and maintain a quality assurance program ("QAP") at the Callaway Plant, during both construction and i operational phases. The QAP is designed to assure that every' aspect of
the design, construction, operation and maintenance of the plant meets t the standards set by the NRC to protect the health and safety of the i public. The ' foundation of the QAP is the quality control program

("QCP") which involves safety inspections and testing of the physical characteristics of materials, structures, components and systems throughout the Callaway Plant.

I 3. NRC regulations and -UE policy mandate quality control ("QC") personnel

! be certified as meeting specific training, educational and technical l standards in order to insure competent and accurate safety inspections and testing.

4. Since at least .1981 and until recent weeks, during both construction

! and operational phases of the Callaway Plant, UE has, by its own l

' admission permitted an undetermined number of its QC inspectors, including several individuals in supervisory capacities, to conduct inspections and testing for which they were unqualified by NRC require-

ments, UE' policy, and industry standards. (The facts relied upon j herein, unless otherwise noted, are derived from Exhibits "A" and "B" attached hereto, being copyrighted stories in the Columbia Daily Tribune for Thursday, March 7,1985, page l'and Friday, March 8,1985, i page 1 and Exhibit "C", an article from the St. Louis Post Dispatch i dated March 26, 1985.) Published articles originally indicated that UE officials had illegally certified at'least seven of thirteen QC inspec-tors to undertake inspections for which they were not qualified; only 1

in the recent weeks has UE reportedly decertified these- inspectors to 2

conduct inspections in specific areas. UE is internally reviewing the qualifications of some fifty to sixty other quality control personnel employed by Daniel International Company, UE's contractor at the plant and other subcontractors, in order to determine whether these inspec-tors were properly qualified in accordance with regulations. As of the date of submission of this Petition, the number of unqualified inspec-tors has expanded from seven to twenty-two. The disqualification 'of the QC inspectors cast doubt upon the validity of least .12,000 work inspections conducted throughout the plant, including those undertaken within the reactor building. All of the quality control inspectors described above undertook inspections in one or more areas for which they were not properly certified including mechanical, civil, electri-cal, and materials divisions.

5. The NRC relies heavily upon the accuracy of the safety inspections and testing reports issued by UE's Quality Assurance ("QA") including QC personnel, in order to assure proper functioning of the Callaway Plant and adequate protection of the public health and safety. In addition, the NRC has relied substantially upon such reports in previously rejecting allegations of safety violations at the Callaway Plant. (See e.g., Report #50-483/84-45(DRP).
6. QC inspectors repeatedly and over a long period registered complaints to assistant QC supervisors about unqualified inspectors and supervi-sors, but no action was taken by UE. Inspectors then took their complaints directly to the QA department in December of 1984 but the QA department did not order an audit of the problems for nearly two months thereafter.
7. According to UE officials, supervisors and assistant supervisors in the QC group need not be certified to conduct inspections although they routinely review QC inspections and technical questions of QC inspec-tors. Reports indicate that despite such lack of training, QC inspec-tors were ordered by an assistant QC supervisor not to seek technical advice and information from other QA personnel.
8. UE's QA department has itself determined that UE has violated company policies and NRC regulations regarding qualification of at least twenty two QC inspectors, including inspectors with supervisor capacity, and has moved to suspend these individuals from performing inspections in areas for which they were not certified. UE has reportedly undertaken an audit of over 12,000 work orders dating from 1981 to review the extent to which its thirteen QC inspectors and some sixty inspectors of Daniel International Company and its subcontractors have conducted inspections for which they were not qualified.

VI. Conclusions of Law

1. The license under which UE operates the Callaway plant (Facility Operating License #NPF-30) is conditioned upon UE's continued compli-ance with the NRC's quality assurance regulations for nuclear power plants. 10 CFR SS 50.54(a)(1); 50.55(f)(1) 10 CFR S 50, Appendix B.

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2. NRC regulations require that the QAP, including QCP " provide for the indoctrination and training of personnel performing activities affect-ing quality as necessary to assure that suitable proficiency is achieved and maintained". 10 CFR S 50, Appendix B(I)
3. The NRC defines " suitable proficiency" for QA, including QC, personnel as the attaining of the level of training and technical expertise as defined by ANSI standards. See, NRC, " Qualifications of Nuclear Power Plant and Inspection, Examination, and Testing Personnel", Regulatory Guide 1.58 (revised 1980). UE inspectors and inspectors of Daniel Interrational Company and its subcontractors do not meet the qualifi-cation requirements established by the industry and adopted by the NRC.

In addition, UE violated its own established policies by failing to meet the standards set out abou. See UE Snupps-C/ Final Safety Analy-sis Report 17.2-9 (REV. 7/3/84)

4. Due to UE's violation of regulations concerning proper qualification of personnel, there exists an alarming possibility of extensive violations by UE of the quality assurance regulations and design and operation criteria including safety standards: 1)to ensure conformance of materi-als and systems to specifications; 2) to ensure accurate inspection of materials and systems; 3) to identify and correct defective material and equipment; 4) to document testing and inspections. See 10 CFR S 50 Appendix B subsections I - XVIII; 10 CRF S 50, Appendix A. The extent of such violations and the risk to public health and safety will not be known until proper investigation is undertaken by the NRC.
5. NRC regulations require that " persons and organizations performing quality assurance functions have sufficient authority and organization-al freedom to identify quality problems; to initiate recommend or provide solutions and to verify implementation of solutions." Further-more, the regulations require that " irrespective of organizational structure, the individuals assigned the responsibility for assuring effective execution of any portion of the quality assurance program at any location where activities subject to this appendix are being performed shall have direct access to such levels of management as may be necessary to perform this function". 10 CFR S 50, Appendix B (I)

(1984). Despite numerous complaints to supervisors by QC inspectors concerning inadequate training of QC personnel, management was either unaware of or wholly ignored these complaints for an extended period.

Indeed, a memo issued by QC's supervisor in March of 1984 reveals that the QC management had instituted procedures to discourage access to higher levels of management. An audit of the problem was undertaken by the QA department only after disgruntled QC personnel brought the matter directly to the QA department. These facts reveal that UE's QAP does not meet the requirements of providing sufficient organizational freedom or direct access to insure proper identification and solution of safety problems.

6. UE is required to verify on an ongoing basis that its QAP is function-ing effectively in accordance with NRC regulations. 10 CFR S 50, Appen-dix B (I) (b). As a means of such verification, UE is required to undertake a " comprehensive system of planned and periodic audits ... to 4

verify compliance with all aspects of the quality assurance program".

10 CFR S 50, Appendix B (XVIII). UE's inability for at least four years to identify the lack of qualification of QC's personnel in accordance with NRC regulations and guidelines as well as with UE policy reflects severe deficiencies in the verification and auditing programs of UE, and a violation of UE's legal obligations to verify proper functioning of the QAP.

7. UE is required by NRC regulations: a) to insure the " structures, systems and comporwnts important to safety are tested to quality standards commensurate with the importance of the safety functions to be performed", and b) to establish a QAP "in order to provide adequate assurance that these structures, systems and components will satisfac-torily perform their safety functions". 10 CFR S50, Appendix A By allowing unqualified QC personnel undertake critical safety inspections and testing for such an extensive period, UE has violated these impor-tant safety obligations.
8. The NRC may revoke, suspend or modify in whole or part UE's operating license for UE's failure to comply with the conditions of its construc-tion permit or operating license, or for the revelation of any fact, report, inspection or otherwise that would warrant refusal to grant a license upon original application, or for any violation of law, regula-tion or order of commission .42 USC S 2236; 10 CFR S 50.100 (1984).

VII. Remedies Petitioners respectfully request the Director pursuant to 10 CFR S 2.202 (a), to order UE to show cause why its operating license #NPF-30 for the Callaway Plant should not be suspended pending a full investigation by the NRC or revoked:

(a) for failure to comply with quality assurance regulations and guidelines regarding proper training of QA personnel, as described above; (b) for failure to comply with NRC regulations requiring UE to continually verify that its QAP is functioning effectively and in accordance with NRC regulations, as outlined above; (c) for failure to comply with NRC regulations requiring UE to institute and maintain a QAP that provides adequate freedom to identify QA problems and to initiate and implement solutions; and (d) for failure to comply with regulations which require direct access by QA personnel to levels of management necessary to effectively provide quality assurance at the plant.

Further, the Petitioners request that, pursuant to the proceedings institut-ed under 10 CRF S 2.202(a), the NRC: 1) undertake an independent investigation of all QA, including QC, personnel during the construction and operational phases of the Callaway Plant to determine whether such personnel have met and continue to meet the prescribed qualifications for their level of responsibility; 2)

, institute an audit of all testing and inspections undertaken by unqualified QC personnel; 3) conduct an independent inspection of all work inspected by unquali-fied personnel or reviewed by unqualified personnel; 4) implement such other actions and remedies that the commission deems appropriate in this instance.

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WHEREFOR the Petitioners pray for an order granting the request for relief set forth above.

Respectively submitted:

Alan S. Nemes Attorney for the Petitioners 7541 Parkdale St. Louis, Missouri 63105 Dated this 27th day of March, 1985 l

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Concem surfaces about quality, m

safety assurances at Callaway.

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, y tc)Its Columbia DaGy Tribune its original price mata==ta - sup-Union Electric Co.has aBowedime piles 1,130 megawatts for about I i

g qualified inspectors for more than miDion Union Electric c=tamars in

o. 2{f Q I threeyears to help ensure thesafety St.14 mis and desens of Mid-Missouri

! h3 of its Callaway County amelaar camm=deias such as Astdaad and

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o-I; power plant. 'Ihe stSity r=*=div sus- Moberty. Aher eight years of com-pended seven inspectors from an- structism, the plant, widch is N

< merous duties after an laternal in- muss from ca8-*- atarted Q- s2 vaaHgatia= rweeled 1 ^- -- 7 operating in December gy la their training, education or expe-Q d 38 rience.

Amy citisen may petition the NRC to halt the plant's operation until the

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lhe discoveryhasraised company safety twiew is fininhart Unsche-officials' doubts about the plant's duisd shutdowns, the company has safe operation, leading them to N ad would cost the utility begin revamping the quality control about 8730,000 a day.

laspection system. Doubts about inspections strike at Concerns won't he resolved untS tin heart of the plant's quality assur-the utility completes a massive re- ance program, PoRard said. "The GM view of i _-- - ^m' work dating back paper process is the any way they to IN1, campen, nNiciala sam yes- have to assure puhuc safety."

tarday.1he review is expected to M take at least three more weeks.

Robert Powers, the plant's assis-tant quanty assurance manager, "We're interested in seeing if said kiterviews with disqualified in-g there are any safety pramma "said spectors twealed that whenthey es>

3 mag i c=npan, spokesman Mike Cleary, countered work outside their areas

! O e W "and la correcting them if they of espertise, they passed the job exist."

the St. Imuis utility is twiewing along to ni munaam=.

- "We don't have any concern aboid 2 work by Mto tomoreinspectors em- the plant's cas.ru ucGus," he added, played by a contractor who heaped noting that the inspectors did au

-j hund the plant near Fulton. Union theirworkduring whatis considered 5 Electric wants to ensure that inspec- the plant's operational phase, since 2 tors had adequate skWs and certiG- midyear 1981.

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.d by wonai e prompt-. nymRF -e =is, One worter, who requested ano-for fear

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eg nred deficiencies with seven of U papers en his desk a few maatha age utuity impactors. As a resuR, the aDowlag hem to do impactime for r utility began studying about u,ess widch he lacked complete training.

work orders tida week to determlos He and other wortars said manag-N

,p whether unqualified man conducted ars wasted to improve aNiesa=ey by I W faulty inspections, hundreds of using meticertined wtdch were done in key safety 4eist- "I was afraid .I d > ed systems. "We need to rwiew to do ammathing Ihad no experience get askr those records to find out what they in,"the werkersaid this week,"and f ,

actually did,"anM Jacans Gearhart, at, that point, I would have had to and >- the Union Electric employee who so- say, 'Get ====ha# else in bare who pervised the audit.

UnD e knows what they're doing."'

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m 1he Nuclear Regulatory ('ammaa. Other workers eaM they never re-or - alon has not moved to alter ptamt &lssetsgarheartagsf asisspector -

D operations in the wake of the find- who pretended with an inspo tion I ings. Bruce IJttle, cammiasta= in- for widch he wasn't genMnad. In M

  • spector at Callaway, said he wiu aw-such instances, the workers said, the view some utility work orders. So inspector always turned to mammana smW far, the utsty has reported no evi- qualiSed. But the employees noted an# dance that the unquellfled inspee- that the inspectors in question-and tors comprmatami safety, utile their work - how caused alarm sam.

about the genutycontrolprogram. A

@ The agency's regional offlee in Anal railms aheut safety can come Chicago, rearanah for overseeing only whom rwiews are Suished, the Canaway's operation, has alerted its workers agreed.

top division chiefs and the five com-minalanars in Washington, D.C. IJt- Two usaty evisions are time hay tie said the utsty might han violat- players: the quauty control breacts, widch I spects maisemanare west ed NRC rules.

and repairs to make sure they most n,, Bob PoDard, a staff ==nharof the strict safety regulations; and four reques m Union of Concerned 8teiametaan in Powers' goality asserance wing.

  • One of Wastdagten sion worter, samand a former regulators commis- winch reports only to corporate sistant sep should O '-O _ ^ e and functions to so. lacked nece z shut downitsthe campla8am plant reviews. untu the utGity sure that -l=s of the qualRy and electric tamhnsting the federal agency's control staff perform correctly oversaw.

> inaction, Pollard said: "That's ex-In late Jamnary, the quality assur- a lhema.

5 actly what the difficulty is over at from ancei---- ofnee received complaints ing certifics 3 _^r; who questioned the ty controlst the NRC. Instead of proof that a cradaatials and ab9 ties of other three occas;

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quauty control inas,ectors and two ed campaal O sence ous."' of proof that it is danger- division ^ A Powers said spectors

> his auditorihegan innstigating the One pers 1he 83 billion callaway plant - next day. Among the findings ost- maarlat he completed at more than five times lined in a Feb. 22 audit report am! cal duties e

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'.' &--4 % .,y.- N W ? Two plant wonters close to the problem eaM managers had hoped IF f*Fssets for corrective action. Callaway plant manager Steve Mll- its own rules by exanpting some to save money by usmg inspectors -

  • One of three quality control as- tenberger suspended Portell's dual men from the criteria without docu- for multiple duties instead of hirmg mi'eant supervisors, Vernon Portell, certification. He retains his supervi- mentir.g why. more employees. .

lacked necessary experience in civil sory position, Cleary sam, but he has After finishing their report, audi- Powers denied cost savings as a and electrical inspections, fields he been Farred from further civil or tors whittled the list of unqualified motive. "We felt there were some oversaw. electrical inspedians. inspectors to seven by verifying program weakramaan and perhaps

  • 1he man responsible for approv-
  • Most of the 13 men had authority technical prowess with documents some judgments that abouldn't have ing certification of inspectors, quali- for inspections in more than one of or in interviews with the other in- been made. I consider any violation ty control supervisor Terry Shaw, on the four techmcal categories - to- spectors. of the program as a significant con-three occasi< mis since Oct. 22 violat- taling 28 certifications among them
  • On five procedural points, quali- cern." -

ed company rules for certifying in- - but half of those certifications ty control managers dodged Union spectors were found questionable. La some Electnc's own written policies for This story was compiled amf writ-One person that Shaw recom- cases, the men did not meet criteria proper certification of the inspectors ten by Tyfbune reporters Qtrasteph mended be certified for two tachni- accepted within the indastry. In charged with ensuring Callaway's Ssechenyf andDodares Whis&syman cal duties was Portell. Last week, others, Union Electric had ignored safe operation and adttor Psal floberts

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Ex. "B" Yearlongworkers' rift revealed - -

in UE safetyassuranceproblems By CHRISTOPH SZECHENYI .

of the Tribune's staff Shaw's inspectors. "I would expect a supervisor to be Friction between inspectors and their supervisors at competent in inspection philosophy." "

the Callaway County nuclear power plant had surfaced Several inspectors said such a management attitude nearly a year before Union Electric Co. started inves- and supervisors' abortage of expertase spurred inspec-tigating its deteriorating quahty control system, an in- tors' complaints to Powers' office, which did the audit. It ternal memo reveals. outlined inadequate training, education and experience Company documents show that on March 10,1984, among seven of 13 inspectors - including Portell and as-quality control supervisor Terry Shaw ordered inspec- sistant supervisor L.M. Zahara - and sparked suspen-tors under him to take technical problems to him or to an sion of some of their duties.

Following the audit's suggestion, the company sus-assistant ment supervisor before approaching managers. -

other depart- pended inspectors from some tasks until i their qualif tions are established. Union Electric is also reviewing '

"In past weeks, there have been numerous instances

demonstrating a lack of effective communication within some 12,000 work orders to determine whether disquah- .

the quality control department," Shaw wrote in the fled men did inspections that could jeopardize the '

L plant's safety. I memo to 30 people, many of whom were inspectors.

"Our aim is to solve problems through communication, The St. Louis utility is also reviewing the credentials .ey; not create them." and work of 50 to 60 more inspectors employed by a firm '

But some inspectors said this week that they repeated- that helped build the plant, which stiarted generating ua electricity in December.

ly got no action from Shaw when voicing concerns about g, i supervisors who were unqualified to make technical de- The Nuclear Regulatory Commisalon's inspector at 3p cisions for ensuring safety. In addition, the utility con- Callaway is also planning to review some work orders.

firmed today that inspectors took their concerns to Yesterday, the Fulton Sun quoted plant spokesman pg Shaw's boss in early December, nearly two months be- Mike Geary as saying that "we have a good system here toa fore the utility started an audit of problems. for recourse...I'm not sure why the inspectors didn't go l'or Severalinspectors said they did not trust some super- up the quahty control chain of command."

visors because they lacked expertise in certain quality But today, Geary admitted that statement was un-I control areas. "On a day to day basis, you're going to true. He said he had been unaware of the inspectors' e ef-have technical questions," aald one informed source forts when he talked to the Fulton newspaper. p who requested anonymity. " Management wants us to go He conceded that seven or eight inspectors had taken g to them for answers, yet how can they discuss these their concerns in early December to Paul Appleby, an problems when they're not technically qualified?" assistant plant manager who oversees quality control r operations.

One assistant supervisor, Vernon Portell, recently lost I certification for two types of inspections at the $3 billion Ceary said the inspectors' concerns "were being a plant near Fulton. Reacting to the finished audit, dated taken seriously." After the interviews, Qeary said, Ap- r Feb. 22, plant manager Steve Mittenberger suspended pleby put together a plan for corrective action. 2 Geary Portell's certification. Portell, however, retains his su- said he didn't know what changes Appleby had pro- j pervisory role. posed.

e Inspectors said this week that they grew impatient in "Aanysupervisor does notPowers, have to be certified at any level with Appleby's efforts, and so they asked Powers ,

disciphne," said Robert assistant man- .

ager of the division that oversees the effectiveness of ty assurance office to investigate. Powers noted that in-1 spectors have the right under company policy to com- '

plain to his division.  ?

Auditors concluded managers had broken written THE WEATHER *

"P'"' '."The inspectors check electrical," ,g mechanical '"

inspectors Fair tonight with a low in the upper 30s. Mostly civil and material work throughout the plant, including sunny tomorrow. High around 60. systems in the reactor building and other key compo-nents. "

. .ee

,,C " (St. Louis Post Dispatch, March 26, 1985)

UEIdentifies Unqualined InspActors FULTON, Mo. (AP) - Union Electric Co. has identified 22 quality-control inspectors who lack qualifications to ensure the safe Nuclear Power Plant, according to aoperation of its Ch11aw Nuclear Regulatory Commission l official.

Earlier this month, the utility concluded that seven quality-control inspectors lacked sufficient training

'or expertence. As a result, Union ;;

Electric :;uspended the men from ,

doing certainjobs.

last week,15otherinspectors were added to the list, said Bruce Uttle, an NRC official based at the power plant.

35 miles east of Columbia.

Acting on an internal tip from an inspector, Uttle said, utility engineers and auditors began investigating the backgrounds of inspectors last month.

Uttle said the utility had identified about the 250 inspections performed by unqualified past three years. inspectors during the But a special Union Electric task force has found that the 22 inspectors were qualified to do 230 of the 250 jobs Uttle said. The task force has foundthat bad been reviewed no esidence plant's ofsaid.

hardware, he deficiencies in the The St. Louis based utility is >

Uttle said. He said his agency wouldreviewing about 12,000 w wait for Union Electric to complete its study action. before considering regulatory Mike Cleary, a Union Electric spokesman, said utility officials had declined to comment on their investigation of the inspectors

  • work.

He confirmed that the 22 inspectors lacked certain work credentials.

..