ML20106J419
| ML20106J419 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 06/01/1995 |
| From: | Colapinto D KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA, NATIONAL WHISTLEBLOWER CENTER |
| To: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20106J373 | List: |
| References | |
| FOIA-95-211, FOIA-95-481 NUDOCS 9604110020 | |
| Download: ML20106J419 (35) | |
Text
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KOHN, KOHN & COLAPINTO, P.C.
.f Att:miys At Lcw 517 FLORIDA AVENUE, NW WASHINGTON, DC 20001-1850 (202) 234-4663 e FAX (202) 462-4145 Direct Dial: (202) 2341198 June 1, 1995 Russell Powell, Director Division of Freedom of Information and Publication Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555 Re:
FOIA-95-211 and PA-5-5
Dear Mr. Powell:
Pursuant to 10 C.F.R. 9.41, we hereby submit on behalf' of Allen L. Mosbaugh additional information regarding a request for a waiver of fees with respect to FOIA 95-211.
Mr. Mosbaugh is working in conjunction with The National Whistleblower Center (NWC),
a tax-exempt, non-profit organization that assists whistleblowers to report allegations of corporate and government wrongdoing.
In a letter dated May 2,
1995, the following was requested:
A)
Under the privacy act of 1974, 5
U.S.C.
- 552a, Mr.
Mosbaugh hereby requests that portions of certain documents maintained by the U.S. Regulatory Commission j
(NRC) which contain information incorrect, inaccurate, irrelevant, untimely, incomplete, and otherwise improper information, be amended.
k B)
Mr. Mosbaugh hereby requests access to the following information under both the FOIA and PA:
1)
Access to information relied upon by the NRC, directly or indirectly, related in any manner to the three documents listed [in Part A] above for which Mr. Mosbaugh requests a correction; 2)
All documents related, directly or indirectly, to any enforcement action taken against Georgia Power Company by the NRC from September 1, 1990 through present, which have not been previously released to either Mr. Mosbaugh and/or the NWC.
Mr. Mosbaugh is willing to limit part (B) of his May 2, 1995 FOIA request to enforcement actions pertaining to Plant Vogtle as you suggested in your May 17, 1995 response.
i l
9604110020 960402
~
. (fUCHES95-481 PDR J
'O 2 _
As your requested, the eight factors stated in 10 C.F.R. 9.41(b) are addressed as follows:
l (1)
Describe the purpose for which the requester intends to use the roauested information.
The purpose for which Mr. Mosbaugh requests the above information is to bring allegations of corporate and/or government wrongdoing to the attention of the public.
In particular, the public has an interest in knowing whether Mr. Mosbaugh, as a NRC alleger, was responsible for any of the violations committed by Georgia Power company, as the NRC staff has alleged in the modified Notice of Violation, or whether the NRC staff has committed misconduct or negligence in blaming Mr. Mosbaugh, in part, for Georgia Power's violations.
It is essential that the public becomes aware of such actions when their health and safety, as well as their energy resources are compromised and jeopardized.
The violations committed by Georgia Power Company while running their nuclear power plant at Vogtle must be brought to the public's attention so that all violations will be corrected, and future violations be prevented from reoccurring.
Additionally, oversight of NRC actions, specifically blaming Mr. Mosbaugh for contributing to Georgia Power's violations, which are arbitrary and capricious is in the public interest.
(2)
Explain the extent to which the requester will extract and analyze the substantive content of the acency record.
Mr. Mosbaugh does not know the contents of the documents which the NRC has identified as responsive to his request and he is therefore unable to fully respond.
Nonetheless, in general he will be working in conjunction with the NWC which has the valuable resource of several attorneys experienced in the area of whistleblower protection law and NRC regulations protecting the i
public health and safety who will assist him in reviewing all documents released under FOIA.
Those documents which substantiate safety allegations about Plant Vogtle, allegations of wrongdoing by Georgia Power Company and/or the NRC or substantiate that his tapes contained no safeguards material will be evaluated by attorneys for use in NRC proceedings concerning Plant Vogtle and protection of the public safety, for supplementing NRC reports or findings and for release to the news media, Congress, other public interest groups and general public.
The substantive content of the documente related to these allegations will also be analyzed for the preparation of press releases, articles and other types of publication.
In particular, a review of the material that was relied upon by the NRC staff in reaching its conclusion that Mr.
Mosbaugh was somehow to blame for Georgia Power Company's violations of NRC regulations and Georgia Power Company's misconduct will shed light on the ccmpetence of the NRC staff in l
performing its job and inform the public as to who is right about the culpability of potential wrongdoers at Georgia Power Company.
l
-3 The substantive content much of which is technical in nature will be analyzed by engineers or others with the technical
^
expertise to evaluate the action taken by Georgia Power Company and/or the NRC in response to the safety allegations.
When l
appropriate, written evaluations will be prepared to support further allegations of safety violations by whistleblowers or to formally respond or supplement the disposition of the technical items findings by the NRC staff.
These written evaluations will also be disseminated to the news media, Congress, the Georgia Public Service Commission and other public interest groups.
(3)
Describe the nature of the specific activity or l
research in which the agency records will be used and the specific qualifications the requester possesses to utilize information for the intended use in such a j
way that it will contribute to oublic understandina.
For the " specific activity or research in which the agency records will be used" please see our responses to numbers (1) and (2), above.
i As the courts have already noted, supplementing official government findings by one who has demonstrated expertise and effectiveness with regard to the particular subject area will satisfy the " contribute to public understanding" factor.
Eg.g, Proiect on Military Procurement v. Deot. of Navy, 710 F. Supp. 362 (D.D.C. 1989).
The review of the NRC's investigations into Allen L.
Mosbaugh's allegations concerning Plant Vogtle will shed more light on and contribute to public understanding of the issue and the NRC's bases for its findings.
Mr. Mosbaugh is able to analyze the technical data that relates to the subject matter at issue.
In addition, he is also able to review information concerning the safety allegations that he has raised.
This is due largely in part to his experience at Georgia Power Company.
Mr. Mosbaugh was employed at the Vogtle Plant from August 1984 through October 1990.
During this employment he held several positions starting as Superintendent of Engineering
- Liaison, Superintendent of Engineering
- Services, Assistant Plant Support Manager and he held the position of Acting Assistant General Manager Plant Support at Plant Vogtle from J
January 1989 until May 1990.
In this position Mr. Mosbaugh supervised the managers and the departments of engineering Support, Quality Control, Security, Administration, Technical Support and Training, comprising a total of 400 personnel reporting to him.
Mr.
Mosbaugh's attorneys are experts in the area of whistleblowing, in general, and of NRC allegers, in particular.
They have represented numerous nuclear industry whistleblowers before the U.S.
Department of Labor and the NRC.
They have testified and/or represented witnesses before Congress in hearings related to oversight of NRC functions and provided written and oral
l
-4 comments to NRC staff on several occasions on matters related to the NRC's whistlebower protection policies..Ega, e.o., S.Hrg. 101-90, Hearing Before the Subcommittee on Nuclear Regulation, Committee on Environment and Public Works. United States Hearing, "The Secret Settlement Agreements Restricting Testimony at Comanche Peak Nuclear Powerplant... " (May 4,1989) ; Texas Utilities Electric Co. (Comanche Peak Steam Electric Station Units 1 and 2), CLI 12, 28 NRC 605 (1988) ; Texas Utilities Electric Co. (Comanche Peak Steam Electric Station Units 1 and 2),
CLI-89-06, 28 NRC 348 (1989); Testimony of Allen Lee Mosbaugh and Comments of National Whistleblower
- Center, Before the U.S.
Senate Committee on Environment and Public Works, Subcommittee on Clean Air and Nuclear Regulation, "A
Hearing to Consider the NRC's Handling of Intimidation and Harassment Allegations By Employees within the Nuclear Industry," (July 15, 1993); Response to NRC Review Team, Proposal for Protecting Whistleblowers from Retaliation, David K.
Colapinto and Stephen M. Kohn (January 31, 1994) ; Letter from David K.
Colapinto to Secretary, NRC, re: 60 Fed. Reg. 7592, public comments on draft NRC policy statement (April 10, 1995); Mitchell
- v. Arizona Public Service Co.. et al, DOL Case No. 91-ERA-9, slip op of ALJ; Thomas v. Arizona Public Service Co., DOL Case No. 89-ERA-19, slip op. of ALJ and Secretary of Labor; In re: Arizona Public Service Comoang, DD-92-07, 36 NRC 338 (1992).
Also see,
- Kohn, The Whistleblower Litication
- Handbook, (PESI Legal i
Publishing, 1990); Kohn and Kohn, The Labor Lawyers Guide to the Richts and Responsibility of Emolovee Whistleblowers, (Quorum, 1988);
and
- Kohn, Protectina Environmental and Nuclear Whistleblowers:
A Litication Manual, (NIRS, 1985).
Together, Mr. Mosbaugh and his attorneys desire to review the material relied upon by the NRC staff to form its published conclusion that Mr. Mosbaugh was in part to blame for Georgia Power's violations.
Mr. Mosbaugh and his attorneys believe that after careful review of the facts contained in the requested records that he will be vindicated from any blame associated with Georgia Power's violations.
Additionally, Mr. Mosbaugh and his attorneys belie"a that the requested records will shed light on the wilfullness of 3rgia Power's misconduct.
(4)
Describe the likely impact on the public's understanding of the subject as compared to the level of the sublect existina prior to disclosure.
To date, the public has not been fully informed about the extent of the NRC findings regarding the allegations of wrongdoing by Georgia Power Company at Plant Vogtle.
Indeed, the NRC staff's modified findings blaming Mr. Mosbaugh came without public notice and without even interviewing Mr.
Mosbaugh to obtain his explanation in response to Georgia Power's allegations against him.
The NRC staff acted arbitrarily and capriciously in this matter in relying on Georgia Power's allegations that blamed Mr. Mosbaugh.
,o s The information requested may have a profound impact upon the i
public's understanding of the NRC's curious. conclusions with respect to Mr. Mosbaugh's involvement and the watered-down 'NRC staff conclusion that high-ranking licensee officials did not act wilfully when committing violations of NRC regulations, given the initial publicity which Mr. Mosbaugh's allegations have received in the past.
Additionally, the information may be used to rebut allegations used by Georgia Power that Mr.
Mosbaugh taped safeguarded information. The requested information would allow him to broaden the public's understanding of not only the allegations, but also the NRC's basis for its findings and the definition of safeguards.
Information which sheds light on the substantive allegations as well as the NRC's investigations will impact the public's concern for public health and safety regarding Plant Vogtle, in particular, and nuclear power plants, in general.
(5)
Describe the size and nature of the public to whose understandiner the contribution will be made.
The topics covered by the requested information have already received nationwide media attention.
For example, Mr. Mosbaugh's whistleblower allegations against Georgia Power aired on NBC Nightly News in 1992.
There is also regular press coverage in the Georgia media about matters concerning the operation and oversight of Plant Vogtle.
The public sector Mr.
Mosbaugh intends to relate this information to, with the help of the NWC, includes but is not limited to 1) the citizens and residents of the State of Georgia, to whom there is a threat against public health an safety; 2) the citizens of the United States, to whom there is not only a threat against public health and safety, but also an interest as tax-payers that the government agency responsible for the oversight of the nuclear industry is fulfilling its duties; 3) the nuclear industry, its interest is self-evident, and 4) any individuals, whom have an interest in the issues contained in the information.
J In addition, the NWC, with whom Mr. Mosbaugh intends to cooperate, has a public education project which alerts employees and organizations to issues concerning whistleblower protection and nuclear power and provides training materials and workshops regarding these issues and on how to work with and/or protect environmental whistleblowers.
Through the assistance of the NWC, Mr. Mosbaugh plans to utilize direct mail informational bulletins to environmental, labor and other groups, workshops, public service announcements and telephone referrals / consultations to alert the public to these issues and the legal protection afforded employees under the law.
t 1
+ (6)
Describe the intended means of siissemination to the aeneral oublic.
Please see the answers to numbers (1) through (5), above.
Generally, the. intended means of dissemination will be through press releases, fact sheets on relevant laws, brochures, workshops, conferences, written reports and/or evaluations, submitting articles of letters to appropriate publications and by publishing articles in the NWC newsletter.
Depending on the substantive content of the requested information some documents released pursuant to this request may be incorporated into future books or publications about Whistleblower protection and NRC regulations.
(7)
Indicate if public access to information will be provided free of charge or orovided for an access fee or oublication fee.
The courts have ruled that this factor is irrelevant to the inquiry of whether a fee waiver should be granted.
. Egg, National sec. Archive v.
U.S.
Deot. of Justice, 880 F.2d 1381, 1387-88 (D.C.
Cir. 1989).
Nonetheless, Mr. Mosbaugh does not intend to charge for information provided to the news media.
If information is incorporated into books or other publications, the only charge will be for the publication as a whole such as a subscription fee or purchase price for the book.
Ege, (6) above.
Additionally, Mr. Mosbaugh has provided hundreds of hours of i
free time to assist the NRC in its investigations in the past and Mr. Mosbaugh, his attorneys and the NWC have produced literally thousands of pages of information about his allegations to the media, Congress and the NRC in the past at no cost.
(8)
Describe any commercial or private interest the requester or any other carty has in the aaency records souaht.
There is no " commercial or private interest" at issue here.
Public dissemination of information obtained from the government, even when it involves a sale for profit, should not be considered a " commercial use. "
132 CONG. REC. H9463 (daily ed. Oct. 8, 1986).
The Leahy and English-Kindness statements argue for a
" broad interpretation" of the term " news media" to include, as Senator Leahy put it, "any person or organization which regularly publishes or disseminates information to the public, whether in print or electronically..."
132 CONG. REC. S14298 (daily ed. Sept. 30, 1986);
132 CONG.
REC.
H9463 (daily ed.
Oct.
8, 1986).
Mr.
Mosbaugh's proposed dissemination of the information is consistent with the factors which favor the granting of fee waivers.
The purpose of requesting the information is to promote the public health and safety and to make the general public aware of the operation and oversight of Plant Vogtle as well as the allegations of wrongdoing Mr. Mosbaugh has made.
Furthermore, the
e 1
, l information requested will contribute significantly to the public's understanding of the operations or activities of the government and/or is primarily in the public interest and is not in the commercial interest of the requester.
The litigation of public rights is not a private matter and should not be treated as such.
A fee waiver should also be granted due to the fact that Mr.
Mosbaugh has been extremely cooperative in assisting the government with its investigations of the Georgia Power's Vogtle Plant.
Mr.
Mosbaugh voluntarily participated in the lengthy investigation of the NRC's Office of Investigation, and also supplied them with copies of numerous tapes and documents at no cost to the NRC.
Furthermore, he has spent hour after hour documenting the wrongdoings of Georgia Power, all at no cost to the government.
Mr.
Mosbaugh's allegations have resulted in significant NRC enforcement against Georgia Power, including $ 200,000 in civil penalties.
In addition, the regulatory statutes that permit Mr. Mosbaugh to intervene in Plant Vogtle's licensing proceeding [see, In the Matter of Georcia Power Company et al. (Vogtle Electric Generating Plant, Units 1 and 2), Docket Nos. 50-424-OLA-3 and 50-425-OLA-3, re: License Amendment / Transfer to Southern Nuclear) do not provide reimbursement for costs and attorney's fees.
At this time Mr.
Mosbaugh is unemployed, due to the fact that he came forward with the truth against a major and powerful utility company and was subsequently fired for reporting violations to the NRC.
Mr.
Mosbaugh will never be able to recover what he has lost in.the nuclear energy industry.
He risked his career and reputation to uphold the environmental regulations outlined by the government and to do what he believed was right.
In return he ha's received endless frustration from the NRC staf f despite his cooperation with the NRC's investigations over a five year period.
He has had to battle with Georgia Power in licensing proceedings because the NRC staff investigations have not adequately redressed the violations committed by Georgia Power Company.
To the extent that these records may have use in litigation it would be in proceedings (e.g.
as the ongoing NRC licensing proceeding and other NRC investigatory proceedings) that involve "public" as opposed to " private" rights.
See, Polizzi v.
Gibbs &
Hill. Inc., DOL Case No. 87-ERA-3 8, Sec. Ord. (July 18, 1989).
The allegations at issue in the NRC licensing proceeding will not result in personal gain for Mr. Mosbaugh.
Rather, the only issues at stake are in whether the safety of the public is at risk due to the alleged lack of character and competence of Georgia Power and Southern Nuclear Management Officials.
Even if Mr. Mosbaugh is able to recoup the damage to his reputation as a result of the NRC's modified findings blaming him for Georgia Power's violations that is still in the public interest.
t l
- 8 i
Conclusion For the foregoing reasons, a fee waiver should be granted regarding Allen L.
Mosbaugh's request for the information concerning Plant Vogtle.
If you need further information, please do not hesitate to l
contact me.
Thank you for your consideration of this matter.
l l
Sincerely, J.c[ _s s
+
~
David Colap Attorney for Mr. Mosbaugh and the National 1
Whistleblower Center
Enclosures:
News Articles re: Mr. Mosbaugh's allegations National Whistleblower Center Brochure Whistleblower News, Vol.
1, No. 1 (Winter 1994) i C:\\ FILES \\302\\FOIA\\ FEE 3.LTR e
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415 Florida Avenue, NW l
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Washington, DC 20001-9996 j
(202)667-2075 Fax (202)667-6124 l
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' hed in 1988, he National Whistleblower Cen i. is a nonprofit educational and advoedcy I
j organization mmmittal to providing employee whistleblowers with legal representation.
l Seven majorfederalenvironmentallaws(Clean Air, Toxic Substances, Clean Water, Atomic Energy, Solid Waste, Safe Drinking Water and Superfund) have special provisions protecting employee whistleblowers.
O When applied skillfully, these laws are effective in protecting workers who risk theirjobs and careers to disclose grave threats to the health of the planet and a
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Linda Mitchell, Allan Mitchell and Thomas Saporito, Jr.
UNMUZZLING GOVERNMENT WORKERS NUCLEAR POWER punts The Center is working to eliminate EPA " gag orders" Other commercial nuclear facilities where the Center is supporting whistleblowers include Brunswick (NC),
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HowardZinn Gary Stern
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Protecting the Public, Employees And the Environment Through i
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p @@ s;n d M Mp@ssC And Workers from Radiation NRC, Utilities Fail to Protect Public w m%ye ny%m Worker Exposed at Zion Exposes Lax Enforce nent V
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P, 3%)W'M By Jeffrey S. Countryman & Herb Ettel f
yg illions of Ament,ans have tion provisions of the federai Energy b
runM ffp laughed at television's Homer Reorganization Act and the NRC's
.$ %3 ',,fMpipy @ g g Simpson, the fictitious nuclear own policies mandating thbt workers
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g WLQ power plant employee who wha report such violations be suppor'ed g,*gj;N7 discovers radioactive materialin his and protected from retaliation, 4
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including harassment and dismissal.
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A%Q But a case supported by the National On March 13,1994, Steven nMM Whistleblower Center indicates that Boudrie, an equipment decontaminator p.
h La ANb such contamination of workers and at the Zion Nuclear Power Station 50
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k exposure of the publicto radiation miles north of Chicago, walked
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leaving wort It is a routine safety gi $YW$%*Mt/M*jfM@@
hky,*. M Centerattomeys expect Boudrie v.
requirement forworkers at nuclear e'
M Commonwealth Edison, etal. to show powerplants every day. The alarms p
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that neitherthe federal Nuclear rang, indicating the presence of l.$hM E
Regulatory Commission (NRC)northe radioactive materialon Boudrie's
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@ Y7 d h R!d Ch@h$F utilities it regulates are doing theirjob body. Radiation protection technicians of protecting workers and the public employed by Commonwealth Edison
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(Com Ed), the plant's Qperator, found b
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The evidence also illustratestheir that Boudrie's personal clothing was a-'
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failure to follow whistleblower protec-contmued on page 2
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i Labor Department Proposes New w m,gg p
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Adds Teeth, Shortens Review Filing Time to 10 Days he Department of Labor (DOL)
Section 211 of the Energy Reorgani-My has published proposed new zation Act (ERA) as amended in
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" b h "Is M h h sions contained in the seven major handling ERA complaints underthe 4",
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%Maddisagge federalenvironmentaland energy Code of Federal Regulations, Part 24.
DMSj statutes (See summary, page 5).
Two changes are of particular 4
' "aftsyggsQ Most significant are the proposals that importance. First, teeth are added to h
indds.j would implement the changesin Qy?QgM9 gg%9 conunuedonpage 6 ynN <- K,
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wee::nm weiw NRC, Utilities Fail n
contmuedfrompage 1 WW$7 f... contaminated and sent him home in a "Underthose circumstances,it
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paper suit. They sent his clothes with amounts to a ' constructive discharge' I
- t him in a plastic bag to be washed in and a refusalto perform hazardous fh, y
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a publiclaundromat.
Work," observed David Colapinto, the
$gy$al doW ' gs.jp.fg Forseveralweeks both before and Center attomey who represents Boudrie.
g gd after that incident, Boudrie sporadically "Boudrie is a victim of discrimination g, S 7
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set off some monitors at the end of and must be compensated."
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M his shift without triggering others. For Section 211 of the Energy Reorga.
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Boudriethisverifiedwhathisco-workers nization Act of 1992 prohibits plant I
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because some of the monitorswere worker's blowing the whistle. This FN4 not working.
prohibition was also i
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,i Boudrie raised upheldin a previous I& Ld*AH&~6. :
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- Y. this concem with
"... l[I Can make it out precedent-setting i
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personnelbut what /S everyone else Cente,. Tne conclu.
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$ f.TITU - [- ' f,3 receivedlittle going home with?"
sions in that case i
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response.Then on
- Steven Boudrie have been adopted yl. ' qj j. -
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. March 16,he again by the NRC.
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triggered alarms-i s'.
- Q radioactive material was found in the NRC's Inadequate Response g
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. -. g p pocket of his Jeans. At the end of that The day before hislayoff, Boudrie f
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<1 a j shift Com Ed and NRC personnel felt intimidated dating a meeting with i
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.-.. g. 7..W searched Boudrie's room at the nearby his union steward and the Com Ed
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.. VM ParksideMotelwithGeigercounters-investigatorwho had inspected his
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They confiscated pants, overalls and motel room. He visited the NRC Q$
a sweatshirt, allcontaminated with resident office at Zion to find out
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whether he was protected under 1,, '. / '. ;.1 :i ;';; ;f g i "I think it's a big deal," Boudrie whistleblower legal provisions. The site r.
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gator said in the meeting-that it was e+
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b 3 To Boudrie's dismay, the search of The site officergave him contradictory
' 'EM his room and his reassignment to a advice. *l was told that wasn't my job,"
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M d differentshiftthatsamedaymarked Bouc' tie recalled. *Nobody had any I
1M the beginning of a period of harass.
answers-no one protected me.'
' f.3 mentbymanagementandothers.
The NRC conducted a safety I
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$, [ The hostility toward Boudrie included inspection at Zion in March partlyin 4
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> " " 4 insults, accusations and assignment continuedon nextrage 4.
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toinappropriate and demeaning
- f.., y f3 JJ i T duties, including picking upwood on g
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... [.f the roof by himself. Co-workers called M. v.k. s3. N;.%,...v.t
-.' 1 6 him "Silkwood," alluding to the
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((h l{:{h. [Q.h) i famous nuclear plant technician who
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m m her worksite. Finally, on April 7, (i
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.I just couldn't take it any more,"
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he said. "I felt I had no protection and Com Edinspectors remo ed a portionof
. gig gy my y
there were so many violations going Steven Boudrie's sweatshirt found to be My ' N2 wpm. hoc en."
contaminated by radiation.
Mistleblower News - Winter 1991
S
" C6nter Calls Tew Rules Ineffecthe Misguided T wofederalagenciesresponsible continue to reimburse DOE contrac-of defending lawsuits, and bar contrac-forprotecting the public from the tors forthe cost of defending them-tors who violate the.'aw from conduct-hazards of nuclearradiation have selvesin whistleblower suits and ing further business with the DOE."
proposed newrules to enhance taxpayerswould continue to paythe Center Executive DirectorVivian H.
whistleblower protection. In practice, cost of a judgment orsettlementin Mills questioned the appropriateness th3 proposed reforms offerlittle prospect many such cases. " DOE contrac-of DOE's move to disp ace the Depart-for improvement, according to analysts tors, such as Westinghouse,will ment of Laborasthe ruardian of at the National Whistleblower Center.
continue to assume virtually no risk whistleblower rights 9t DOE facilities.
when they harass employees and "Thisis akin to hav:ng the fox guard DOE Would Still Pay Costs aggressivelydefendwhistleblower the henhouse," she observed, Of Fi htinE Whistleblowers mplainy bsm dst @henE As evidence of the need for Labor's E
Kohn, chair of the NationalWhistle-
, dependent oversight of DOE whistle-in Despite 'Zem Tolerance' Aim blowerCenter.
blowers, Mills pointed to what she On October 17 U.S. Department of Kohn also opposed setting up an called the Nuclear Regulatory En rgy(DOE)SecretaryHazelR.
Employee Concems Program, calling Commission's " disgraceful failure to O' Leary announced what DOE has it "just a means to help employers protect whistleblowers" at the govem-labeled a *zero tolerance" policy for identify potential whistleblowers and ment-owned nuclear plants run by the whistleblowerreprisals by DOE retaliate against orsilence them."
Tennessee Valley Authority.
contractors. The DOE, which oversees
" DOE's proposed new policyis Comments on the proposed rules all U.S. nuclear weapons facilities, is hardly 'zero tolerance' of reprisals,"
should be sent by December 2 to:
se: king public comments on its Kohn said."If the DOE were serious Office of Contractor Ernployee proposed policies by December 2.
about protecting whistleblowersit Protection, FM-40 Key recommendations callfor.
would impose tough sanctions on Departrnent of Energy
- 1) prevention of retaliation through mis.
thosewho retaliate against thern, 1000 Independence Avenue SW l
use of security clearance procedures; eliminate reimbursement forthe cost Washington, DC 20585.
- 2) limits on the payment of contractor litigation costs; 3) enhanced use of IxnTrimmer, NRC Dela s New Rules a formersenior alt;mative dispute resolution; 4) an
- M technician at The U.S. NuclearRegulatory Com-Indipendent organization to conduct a Y'
DOE's Los mission (NRC) has yet toimplement comprehensive study of old cases to
'~
Alamos its new rules on handling whistleblower detarmine possible mechanisms"to National complaints 17 months after the agency
.[ ]
Iaboratory, was criticized by its own inspector right past wrongs;' and 5) an enhanced DOE Employee Concems Program.
A speaks at a general for failing to investigate whistle-However,the govemmentwould 8
r blower complaints and to provide industry
,e employees with more protection.
NRC' Utilities Fail In resp nset thosecharges,NRC continuedfrom page 2 ChairmanIvan Selin promised Con-gressin June 1993 that he would set responsdfo"Nis EIsrhilhdide'nts.'The '
~ that in tso's'ubssident incid5nts up a task force to study theissue. The inspection report fell short of finding alarms were set off by contaminated NRC approved the task force recom-Com Ed in violation with respect to objects-a knife and a flashlight.
mendationsin April 1994, but none of Boudrie.The report did however Those violationswere caused by the proposed changes has taken effect.
criticize Com Ed forits' lack of Com Ed's failure to inform its staff Even such sir 1ple changes as publish-sensitivity"and " poor handling of a how to properiy read container ing an NRC po. icy statement on contiminated stationlaborer-
- markings, wMeh,n@amem maMah (Boudrie). The NRC directed Com Ed "The e a otisola d ents il he es e ne deas to take corrective steps.
Com Ed responded by revising Colapinto wamed. "The safety lax enforcement policy,' Center attomey some of its safety procedures. Never-v olations and retaliation we've seen David Colapinto cautioned. "Nor will the th:less, the NRC foundin a follow-up in representing whistleblowers at newrules elevatewhis3eblower inspection covering the period July 12 nuclear plants over the yearsindi.
protection as an NRC priority. Mean-through August 22 that problems cates that these problems are while,nuclearindustrymanagement remained and that Com Ed had not rampant throughouttheindustry.
remains relatively free to harass and They will continue untilthe NRC retaliate against whistleblowers, effectively implemented the corrective changesits approach from compla.
because the stronger measures that procedures.
cency to commitment to enforce its might help detersuch behaviorare For example,the NRC report noted regulations and thelaw.*M stuckin bureaucratic limbo."M Whistleblower News-Winter 1994
Decisions and Devel mentsin Whistleblower rotection Rulings Mixed in 3 Nuclear Power Suits Reich Rules Contacts with News a joint motion for remand and a decision in an employer retallation case Media Are' Protected Activity, pr tective orderin two ERA cases, must be filed within 60 days even if the in an appealbrought underSection Fuchko and Yunker v. Georgia Power sixtieth day falls on a weekend or a 211 of the Energy Reorganization Act Company The administrative lawjudg e legal holiday. The complainant argued (ERA), Floyd v. Arizona Public (ALJ) had recommended to the that since the sixtieth day fell on a Suvice Co. (APS), the complainant, secretary dismissalwith prejudice Sunday, he had until the next day to file Ranard Floyd, alleges that his but had not submitted the required by Rule 26(a)of the FederalRulesof employer, APS,tookadverse action record of the settlement, which could Appellate Procedure. The court rejected against him. Floyd had made safety have been kept secret if the protective several precedents offered in support of c.omplaints against APS, operator of orderhad been granted.
the complainant's argument as"not the Palo Verde Nuclear Generating Just as significant is the secretary's binding because they involved the filing Station, and was a potentialwitness affirmation that "all documents in the of initial claims," and stated, "the ERA in the ERA case of a co-worker.
record in an ERA case are govem-contains an explicit limitations period for Secretary of Labor Robert B.
ment records subject to disclosure filing petitionsforreview.. "M Reich affirmed that Floyd engaged in underthe Freedom ofInformation Act protected activitywhen he metwith a "The caseswere remanded to the nIwspaper reporterand provided him ALJ fortrialon the merits.
j documents conceming safety at Palo Hill piess Verde. Reich, however, agreed with Sixty-Day Limit on Filing DOL conference the ALJ's determination that Floyd Review Petitions Held Dr. William had failed to establish that this 1
To Include Weekends, Holidays
/
t announces the protected activity was the likely reason forthe adverse action.
The U.S. Court of Appeals forthe J'
DOLorder Sixth Circuit decided against a mo thaEPA nuclear plant whistlebloweron stinstate him.
Reich Rej.ects Protective Order, September 12,in another ERA case, Requi:es Complete Records Bartlik v. U.S. Department of Labor In Georgia Power Settlements and Tennessee ValleyAuthority.
Marcus Win Extends Secretary Reich has asserted his The court ruled that a petition for protection to All authority over settlements by denying review of the secretary oflabor's Federal Employees Centerattomeys represented top 9
Environmental Protection Agency (EPA)
Georgia Power s License Challenged toxicoiogismr. winiam t. uarcusin a recent precedent-setting victo,y. The A formerGeorgia Powerassistant tions. The commission found that decision emends whistleblower protec-gineralmaneger andwhistleblower company officials submitted false tion provided by the six major federal hss broughtit suit before the U.S.
data to the NRC to hasten restart of environmentallaws to allfederal Nuclear Regulatory Commission's the Vogtle nuclear plant following a employees. Secretary of Labor Reich (NRC) Atom,c Safety and Licensing 1990 site area emergency.
found the EPA guilty of. falsifying Board. Allen Mosbaugh claims that "The evidence showsthat The employment records, disciiminating, Georgia Powirimpmperiy transfered Southem Company actedillegally and and retaliating against Marcus, and control of its nuclear power plants to violated the Atomic Energy Actin ordered his reinstatement. The secre-Southern Nuclear, a new subsidiary taking over the nuclear operations of tary also granted Marcus thelargest s
s a mpan eo of its parent corporation, The South-compensatorydamage award ever p
,,a em Company, and that both subsid-upheid underthose provisions.
Center attomey MichaelD. Kohn,who laries lack the requisite character, EPA fired the 18-year agency represents Mosbaugh."The outcome veteran after he publicly criticized and competence and integrity to operate of this case will determine how farthe nuclear power plants.
NRC willallow nuclear managementto opposed several EPA positions. Mercus Georgia Poweris still reeling from transgress and wnether it will impose had alsn previouslytestified as an a proposed $200,000 fine that the a significant penalty to deter future expert witness against more than 40 NRC recommended in May1994 as misconduct by industry executives."
chemical corporations, helping to end a result of Mosbaugh's blowing the Significantdevelopments are contamination from lead, chlordane and whistle on intentional safety viola-expected within weeks.M other toxic substances.M Whistleblower News - mnter 1994
Resource OrdeiSorm hl Service and H ttorney Referral Please mark the number of copies you want, clip this form-
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! qualifiedlegalcounselwith employee (500 pages including Fall 1994 Supplement) The definitive l waistleblowerswhoneedit.
manual, recommended by legalPublishing Preview. $105 _$
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Do ens poten Responsibilities of Employee Whistleblowers.
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referred as a result of daily callsto LegalProtection forEnvironmentalandNuclear I and h s porters M7dsdeblowera Fac:t sheet summarizing the laws. FREE l
Most participating lawyers are National Whistleblower Center. Basic brochure. FREE ent nght an da e s f hg'y* ~lg Whistleblowers Make the News. 200 pages of clips. 515 y; g g'n gy American Political Prisoners: Prosecutions Under the o
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Espionage and Sedition Acts. Foreword by Howard Zinn For information and referral or (July 1994) $49.95 to join the Attorney Referral Jalled forPeace: The HistoryofAmerican Draft Law l
go g7 75 5 Violators,1658-1985. $9.95 I
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5' (202)667-2075Fax (202)667-6124 Whistleblower News-Winter 1994
i j
O&A: Legal Pr'otection Fw For Environmental and w$a a
Nuclear Whistleblowers T
7 What Federal Laws Where Should Complaints Protect Environmental &
Be Filed?
Nuclear Whistleblowers?
Theselaws are administered by Sevenmajorfederalenvironmental the U.S. Department of Labor (DOL).
1:ws (Clean Alt, Toxic Subsfances, Complaints must be in writing and Clean Water, Atomic Energy, Solid should be filed with the localWage Waste, Safe Drinking Waterand and HourOffice of the DOL and/or Superfund)have specialprovisions mailed to:
pmtecting employee whistleblowers.
Office of the Administrator Whistleblowersin the nuclearpower Wage and Hour Division and nuclearweaponsindustries are Employment Standards Administration U.S. Department of Labor specifically protected under section 200 Constitution Avenue tM/
210 and 211 of the Energy Washington, DC 20210 Reorganization Act. When used, theselaws have been effectivein protecting employees who expose What Are the Statutes public health and safety violations.
Of Limitations?
A complaint under six of the Who Is Protected?
environmental statutes must be filed Almost any employee,whether with the DOLin writing within 30 employed in the private sectoror by a days of the time an employee teams local, state orfederalgovemment that he or she will be, or has been, cgency. Moreover, any employee of a subjected to discrimination, harass-NuclearRegulatory Commission ment or retaliation. However, a nuclear (NRC)orDepartment of Energy (DOE) industry employee filing a complaint us ie n
0a b M % dab sb ra or agen an other employer,can file under nuclear provisions.
Do Other Laws Protect the ERA's requirements for posting 9
notices of the employee protection Who Can File a Complaint?
provisions. Should an employer fall to Many states have enacted laws t'o post the required notice, the deadline Any employee who believes he or protect whistleblowers. Most of these for filing a complaint with the Adminis-she has been discriminated against in laws have a longer statute of limitations tratorwithin 180 dayswould become
_U and ther benefits unavailable under fet p b e o envi on ntal
- inoperative, unless the respondent is federallaw. Strongeryet are the able to establish that the employee
. ao 0 o ga n
wh sileblower protections and remedies had actual notice of the provisions."
9 e
contained in the quitam provisions of However,the proposed tight the federal False Claims Act. How-deadline forappealing decisions of What Is Illegal ever,these only applywhen a federal administrative lawjudges to the Discrimination 9 govemment contract orsubcontract Secretary of Lsborwould make it and federalfunds areinvolved.M more difficult to appeal.
Almost any adverse chango to the The proposal states: To be whistleblower's terms and conditions effective, such a petition for review of employment is prohibited.This PfE Y E '- 99fd %
must be received within ten business
~
?yrTN days of the date of the decision...a includes a wide range of actions
~%
^
from reprimands and downgraded 7N bb/<1 kNb(
The NationalWhistleblowerCenter i
evaluationsto termination and w < q.,.
A9M g opposes the ten-day restriction as
&j cy,n.M, ! i.a !b 4 4 lf M
unreasonable.M blacklisting.
a n +,x Whistleblower News - Winter 1994
{)
..g* R g Resourcesfrom L
QNat onalWh stleb ower Cent i
Whistleblower News yem mee,
\\
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A quarterly newsletter reporting decisions and BlOWlng thO WhlStl0; developments in whistleblowerprotection.
How to Protect Yourself & Win PremierIssue: Winter 1994.
' # Y " "*" ' # "'b'*" " "'
ISSN #1079-0233 and Dialogue Productions, 35 minutes Whistleblower News is an essential resource for The purpose of thu pmgmm is to ylp potennal whistleblowers or " ethical resisters ' understand and attorneys, activists, whistleblowers and any em-use the laws designed to pmtect them. and to make playee in the public or private sector, who may be in what may be the most important decision of their lives.
I the position of blowing the whistle on government
-Daniel Ellsberg or corporate wrongdoing. Each issue reports and Legal expert and author Stephen Kohnjoins five interprets the latest judicial, administrative and environmental and nuclear whistleblowers in industry legislative decisions, developments and trends in and government who describe their own fascinating whistleblower laws and cases.
experiences with exposing employer wrongdoing.
Through moving personal stories and concise explanation, viewers are given comprehensive, Specialintroductory accurate and up-to-date information about legal pmtwo n. str tegy and oths considuations in any annual subscription rate:
employee's decision to blow the whistic. Narrated by
$20 for individuals, The Pentagon Papers whisticblower, Daniel Ellsberg.
$35 forinstitutions & firms
$95 for institutions, $25 for individuals The Whistieblower takes an o,gani:ed appmach to every. aspect of this a,va oflitigation.. Kohn cuts th,vugh the ma:e offedemi L=itigation Handbook:
ad,,,,,,,muv,,aw and,, cedu,.
Anyone who has dealt with application ofcomp,ehen-Environmental, Nuclear,
,,v,fede,ai,,a,u,,,andcor,,, pond,ngayenc,,,gula.
" " ' " ' " " " " ' * " ' " ' " " ^ " * " " " " " " " -
Health and Safety Claims
-Legal Publishing Preview By Stephen M. Kohn The Whistleblower Litigation Handbook (clothbound)
Lead Attorney & Chair, National Whistleblower Center answers key questions, including:
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} A in a ri c a n P o l i ti c a l imes against the constitutional principle offree "c 'c"'c' ~i" 'c c !~~tcs -it" c "rmc"s cr PriSOneVS.,
speech in a country that prides itselfon itsfreedom and decia,es itseif a modeifor democmcy aii over Ihe Prosecutions Under the world... What Stephen Kohn has done is to document
,ha, happened wi,h,he &ind ofspecuic detail.
Espionage and Sedition Acts that brinas history alive in the most immediate way.
By Stephen M. Kohn h,m the foreword by Howard Zinn Lead Attorney & Chair, National Whistleblower Center Foreword by lloward Zinn, author of A People's History of Based on the author's exclusive access to the uncen-the UnitedStates & Professor Emeritus, Boston University sored prison files of many of these prisoners and documents obtained under the Freedom ofInformation Praeger,1994, ISBN: 0-275-94415-6, 240 pages Act, this valuable hardcover ve!ume relates the activist and prison experiences of some of Americat most This just-published book is the first account of the famous and colorful labor, socialist and peace leaders.
personal lives of the nearly 1,000 long-term political prisoners arrested under various espionage and sedition laws. The reasons were their " blowing the whistle" on Hardback only,
)
participation in World War I, their trade union activities, gm and/or their unpopular political or religious beliefs.
The Labor Lawyer's Jailed for Peace:
Guide to the Rights and The History of American Draft Law Violators, 1658-1985 Respons bilities of i
By Stephen M. Kohn Employee Wh. tleblowers is e,,,,,,,,,,,,,SBN:0 27s.,277,.,,,70,,,,,
By Stephen M. Kohn and Michael D. Kohn Jailedfor i eace is thefirst book ever tofully Quontm,1988, ISBN: 0-89930-207-6, 216 pages.
document the history andpoliticalimpact ofantiwar conscientious objectors.
He Kohns provide a complete review of the applicaole
-The Workbook federal laws and how they have been interpreted. They analyze state court developments and describe the new tort While a minority in all U.S. wars, draft resisters have based upon a "public policy exception" that explicitly helped alter American foreiga and military policy, protects whistleblowers in the private sector.
develop pacifist and humanistic ideals, and shape the The authors explain the jurisprudential and constitutional modern peace movement. From colonial times to the roots of whistleblower protection, then outline the remedies present, thousands of ordinary Americans have suffered available under state and federal law, including punitive and imprisonment, torture and even death rather than compensatory damages in wTongful discharge actions.
participate in war. Concise, clearly written, and painstakingly researched, the book tells their Contents include:
fascinating stories. But more importantly, K hn analyzes the evolution and lhe Constitutional Development of Whistlebloner Pmtection significance of thett reststance in the Q
Law, Fedemi Pmtectionjor Employee Whistlebloners. State d frs nsiglt
\\
Pmtectionfor Employee WhistleNoners, Overview of a heir ti es WhistleNoner Claim, Pmtected WhistleNoner Activity' and lessons for out own.
Fedeml Preemption and Preclusion, IbNe oj Cases, and f
1 Appendices -- Fedem! WhistleNower Pmtection Laws.
Now,m Paperback, Hardback only-Supply limited, $45 Only $9.95 11/94
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Ehe111attInEcurnal
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THE ATLANTA CONSTITETION f
September 18,1990 l
Georgia Power accused l
ofhidingVogtle problems l
Former manager says utiity lec to NRC tem at the plant is inadequate By David Beasley and could spew radioactive wa-staff writer l
ter into a nearby creek.
A former high-rankidg man.
Mr. Kohn said the allega-4
!i Georgia Power. Co 's tions, made verbally before the j
ager at Plant Vogtle has accused the util-filing, prompted the NRC to con-1 j
ity of concealing safety problems duct a surprise inspection last from federal regulators and ly-month of Vogtle, which is in f
ing to them following a serious Burke County near Augusta.
j l.'
il accident at the nuclear plant last NRC spokesman Ken Clark March.
confirmed that a team of 12 NRC l
In sworn testimony to the investigators performed an un-l U.S. Nuclear Regulatory Com-announced safety inspection at 1-mission (NRC), Allen L. Mos-yogtle last month following i,
baugh, who formerly held the
some allegations related to i
ird-highest management posi-safety" atthe plant. He would not th tion at Vogtle, alleged the utility reveal who made the allegations.
i I
I lied about the reliability of a die-A report on the inspection sel generator that provided the will be issued within the next l
plant s only backup after the month, said Mr. Clark. The in-I' l
March power failure, said Mr.
vestigators did not uncover any E4 j,
Mosbaugh s attorney, Michael bkms sedous e @ to p
i j
Kohn of Washmgton.
prompt the shutdown of the plant, said the spokesman.
f' f
day the C
sbaugh
}
also contends a waste filter sys-Please see VOGT1.E, A9 >
3 1>
i 4
a i
11
- i..
gtle: mmc iutiity 2d ci]Out s
J
[0J51 TIS 3
enued from A1 u
Power spokesman 7: Van Mol said the NRC
[l si h includes " false and'inac-f statements.
~..
me issues raised altcady Deen reviewed and dis-g
.d by Georgia Power with
,a h i
Mr. Van Mut said.
" -~
5th Mr. Mosbaugh and Mar-
'., ).
4abby Jr., a fornier Georgia
'V,\\
erexecutivein Atlanta have f
- s
- complaints with the U.S.
- 4' atment of Labor under fed.
ide
."~
- f.
s:stutes designed to protect
- stleblowers" in the nuclear tory Cominsson, has accused tne ut*ry of concealeg outside v4w of Georg'a Power CoJs Plant vogue e safety prooiems from regulators. Georg.a Power says fr hasbaugh who earns Bv'he County near Augusta. A former hig*i ranwg W pep Wes he NN
.t 580'000 annu' ally in a new plant manage, e a mon wdn W Newar hgJa-I aan with the utility, was for, y acting general manager Among the MOSt sant support at Vogtle. the
' no i pjang ygggg, ant s n yo cd by orgio n his Labor' Department Nuclear Power Plant Power (a5.7%) ogietnorpe
$grjouS all6gationS
$*"*,8[,,*]"' positi n uMhe y
Powor Corporaison (30%).
-gr e N
Municiost Electnc Autnonty o' iS that Georgia Mr. Mosbaugh, who has
@augusts Georgia (22.7%) and the City of power gave NRC a.
south Dalton (1.6%1 ted the last 16 years as a nu-r engineer. contends Georgia CARouNA 0[fiClalS[alS6
" ' " ^
.er Co removed him from a
-,\\'-'
' ga' in b
7 n
a cost g review board last May 11 j/
8 of the plant was 58.87 b thon.
MONd0ndd
. demoted him to is newly cre' the reliability 0[a ooaxt
)
- posinon wnh few specific
?u'o's's'Vog$e"'
l oc cent sta to at hggkhpdfg$gf
- 3 #C C8"C"I
- *e w ePlant Vogue is one of Georgia Georgia Power demed the al-aree/
- CEORGIA.
Power's two nuclear facilities g6n6rator.
1 tion, saying Mr. Mosbaugh's A
po sed 8"d I8 0"* 0' N "n"em '
1 C48
- change resulted from previ.
^;
- l N=n M e ="
taciaues in tne sout g
!!y planned management
..t
" :"" N electne system.
eventually forced to initiate
>1 *
+ "-
k sterf three different design changes to Mr. Hobby, who earned more remove or modify numerous un.
y u!!00.000 annually as gener-trips and failures similar in na-reliable components."
D manager of nuclear operations NRC, said Mr. Kohn.
ture to the failure which led to The NRC petition, filed by stract administration and as.
Among the most serious affe-the March 20,1990, blackout."
e aant to the senior vice presi-gations is that Georgia Power, Mr. Mosbaugh claims in the NRC Mr.Kohn on behalf of Mr. Hob j
- . contends he was fired in following a potentially danger-and Mr. Mosbaugh, asks the fed-
'nt for telling superiors that cus loss of power at Vogtle last petition.
eral agency to hold hearings to N A second backup generator investigate the allegations and e utility may have illegally March 20, gave NRC officiah hferred control of Vogtle to a false information about the reli-was undergoing maintenance and was not operable when the determine whether Georgia 8"
Power has the " character, com-esadiary, Southern Nuclear ability of a backup diesel genera-During the 36 minute black-petence, fundamental trustwor.
]
arating Co. (SONOPCO) in tor. Although the generator blackout occurred.
failed when the regular power out caused by the truck accident, thiness and commitment to safej
', ;,amts are still pending. Prelimi-truck that hit a pole, Georgia the temperature o irmmgham.
supply was knocked out by a Y
lloth Labor Department com-The two men also allege I
ary rulings by Labor Depart-Power officials allegedly told keep the nuclear fuel from melt. Geo ing heated from 90 degrees to NRC about other technical prob-
, 'est investigators have been in NRC officials that the genera-
~ 3*ar of Georgia Power in both tor's mechanical problems were 136 degrees,the NRC says-tems and mishaps at the plant.
l Mr. Mosbaugh alleges "the quickly corrected.
diesel generator was so unreli-such as the cracking of a water j
ases.
Separately, the men have However,"the diesel genera-able after the l accident) that cooling line and the improper tor had actually continued to ex-testing of valves.
l 4th provided information about 4ted problems at Vogtle to the perience an excessive number of Georgia Power Company was l
l W
W a,
rua,f. wa,y ro. mo The South's Oldest Nehspaper Est.1785
^
p Vogtle must rehire whistle-blower ~
By Mike Wynn him back pay dating to his Oct.11 "I'm glad that the U.S. Depart-
[
and John Winters firing.
ment of Labor is on my side and W
start wruers Georgia Power spokesman Tal they see that Georgia Power has The U.S. Labor Department Wright said the company will ap-been discriminatory and their ac-N has ordered Georgia Power Co. to peal.
tions could not stand up against h
rehire a forrner senior manager al Georgia Power fired Mr. the Labor Department's inspec.
Vogtle Electric Generating Plant Mosbaugh after it learned he was tion " said Mr. Mosbaugh on Mon-f/
who was fired after filing safety secretly taping conversations with day. "To be fired for raising the complaints about the plant.
plant officials. Mr. Mosbaugh said issues with the NRCis outrageous.
Georgia Power must restore he was fired because he reported it speaks very poorly for the com-Allen L. Mosbaugh to his former safety violations, and that he pany."
)
position with comparable salary; taped conversations because he He said he would have to dis-y pay all costs incurred by him. in-feared harassment because of his
}
cludin;: attorney fees; and give allegations.
Please see V0GTLE on 5A g
Continued from lA plant's first site area emergency opening the valves could cause an
- the second rnost serious of four unplanned nuclear reaction by di-J cuss terms for his return to work nuclear classifications on luting the amount of boron in the with Georgia Power ofncials be. March 20.
reactor. Boron prevents a nuclear 8
fore agreeing to take his job back.
In two letters and a verbal reaction.
.i But Mr. Wright said, "!!is corn meeiing, Georgia Power told the Boiling of the reactor's cooling.
Q duct in taping employees of Geor-NRC the generators started up water within the core could start gia Power and the Nuclear Regu-successfully every time, unless corrective actions - add-latory Commission cannot be toi.
Georgia Power ofncials said ing boron, dumping more water on-erated in an environment that re-the incident was a mistake and the reactor core - was taken.
quires trust, and full and open was due to using incorrect infor-Otherwise, the cooling water i
communication among employ-mation. The company has since would boil, allow melting of the re-ces."
sent the NRC a letter correcting actor core, and causing the re-h Mr. Mosbaugh, who said he the rnistake.
lease oflarge amounts of radioac-made between 580,000 and 585,000 That letter showed one gener-tivity.
annually, Gled three complaints ator started successfully 29 out of The two complaints under ap
- with the Labor Department. He 31 tries, while the other one had 21 peal include Mr. Mosbaugh's p
l lost the first two, which are under out of 29 successful starts.
charge that he was improperly re-appeal.
Mr. Mosbaugh also alleged that rnoved from his position of acting l
But Mr. Mosbaugh's attorney, Plant Vogtle orncials knowingly assistant general 'rnanager of Michael Kohn of Washington, risked an unplanned nuclear reac-plant support, and of the plant re-Dr.; said new information glean-tion at one of the plant's reactors view board.
ed from the tapes will overturn the by violating regulations.
But the Labor Departmen't said h
nrst two rulings.
In October 1988, plant employ. the reassignment was proper, and m
i The NRC, which oversees com-ces opened two valves when the that he was only in an acting ca.
P 1
mercial nuclear plants, has lis-reactor was shut down. At the pacity.
j tened to the tapes. An administra-time, NRC regulations required "These changes were tempo.
f tive judge refused a Georgia Pow-those valves to be closed and rary and had no effect on your pay er request to get copies of the locked during shutdown.
or employment," th,e agency.said, tapes..
Ken McCoy, vice president for in the second complaint, Mr.
In the latest complaint, the La-Plant Vogtle,said the valves were Mmbaugh alleged he had been bor Department agreed with Mr. opened intentionally for less than downgraded on a evaluation and A
Mosbaugh's charges that he was nye minutes at a time to add '. his cornpany car was taken.
W nred for bringing safety allega-chemicals to the reactor tank. He' The Labor Department, howev-tions to the NRC.
said the action was allcwed underl er. said,"Your performance eval-The NRC is investigating sever-the company's reading of the reg uatsun was based on your supervi-al. allegations made by Mr.
ulations, and there was no danger. sor's assessment of your work and Mosbaugh, but hasn't found any-Georgia Power later got NRC was not influenced by your pro-thing yet to warrant closing the approval in February 1990 to open tected activity."
plant located near Waynesboro, the valves to add chemicals dur-The agency said that it was Ga.
'ing a reactor shutdown.
cun.pany policy for his car to be Mr. Mosbaugh said company.
Mr. Mosbaugh alleged ofncials tied to the NRC about the
- that taken wlule he went through train-ing.
number of times twn backup die-
~
l sel generators had successfully-started. The NRC used that incor-rect information in a!!owing the-plant to restart a reactor.
Problems with getting the gen.
erators started resulted in the I
025 2 3
On May 10. Mr. Mosbaugh, who 3
g continued from I A
$.5 &
"Both the COAL was chairman of the plant's top 8
Q @3j%
w safety board. wrote a letter to 5;
d be inapproprate tu comment be. (Confirrnation of Action 1
's"E"de'fd tfat t e ne,'rreefs' ate
- '"'8 l3
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cause of the NHC investigation.
Letter) and the LER
~'
ments must be corrected. Mr.
On March 20. a truck servic>cq ' (Licensee Event Kohn's ietter said.
p E3 $y [
a transformer backed into a to* Response) contained 3
2 E
'hIh IoSmer [af prov dei wer i We fabe MaMes waha$n"off safeIy NaYdIac
-33
~
intended to rnislead the cordmg to Mr. Kohn's letter.
"Both the COAL (Connrmation M -TE Unit t of the two-unit power ptant wiside Waync>tmro. Ca One NRC with false assurances of Action Letter; and the LEM (Li-
[ E 3$I Z
emergency ciesel generator was about the regjaMty og the censee Everit Responsel contamed 3., p n M
known false statements intended ggg onwn for maintenance. The other diesel generator whose to mislead the NRC with false as.
hatkup generater failed to start M =se immediately-f ailure resulted in the site suranets about the reliabddy of gy 3
A site area emergency - the area emergency.
the diesel generator whose failure g
p; 3y second.most serious of four nucle.
Michael Kohn, resulted in the site area emergen-
-3 en" Mr. Kohn's letter said. "But at accident levels - was declared attorney... the diesel generator had actu-O 2-E g.
Q 83 jf because it took longer than 15 min.
utes to get a backup generator
..Sance March 20, the 1A DG ally continued in experience an
% g ggg,, g j) working. It was only the second 46rst backup generatort ha> been excessive number ef trips. failures time such a declaration has been started 18 times, and the 18 DC and problems simdar m nature to 4,Q y ag
- js issued in U S. history-asecond backup generator) has the failure which led to the March 3:
Georgia Power ofncials said been started 19 times." Mr. Hairs. 20.1990 station blackout."
n Q]
O {E ton wrote in his April 9 letter. "No it was not until Aug. 30 that Z
E the problem with starting the gen. fadures or problems have x. Georgia Pswer informed the NRC A
h erator was due to a sensor thatprevents it from cverheating by curred,, during any of thes t
starts.
starting up the generators, ae.
p $ g, g %
shutting it down when tempera.
M $
tures get too high. Since the inci-That statement also was made cording to documents.
g%
%m "The purpose et this letter is to E Eji3gE dent, the company has received verbally to NRC of0cials in a correct the figures related to the M
E a
2 a o NRC approval to bypass the auto-meeting with Georgia Power exec. number of DG (diesel generators m
matic safety device in an emer. utives on the same day.
starts repo'ted in the April 9th let.
In a May 14 letter summarssing
[ 5f fg geneY ti,e Aprd 9 meeting the NRC ter." Mr. Hairston wrote. "For
=
s DCIA,there was a total of 31 start
-32 The incident prompted an in.
O wiute tu Mr. !! air > tun:
k
@ E,,, f 5 3 vestigation by the NRC into safety attempts and 29 of these attempt >
gi.
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issues and the backup generators "It is our opinion that this wen cesid succusful aner That investigation continues. niceting was benencial. Your pre-
{
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and allegations made by Allen. sentation at this meeting and the fj 9
3y h
2 M
M e auvh a former senior plant items specified in your Aprd 9.
..For DGtB there was a total of g,, g3 }
manager, are raising questions 1990. letter demonstrated appro-20 start attempts and 21 af these Q ggo3g about Georgia Power's handhng of priate correct actions to justify attempts mere considered suc-j.Jj g]
3.y the meident.
that the pf ant could safely return cenful." Mr. Itairstun wrote g
Mr. Mosbaugh contended he to power operation
- o t.,
Q _g lgj szgg39 w as demoted because he told com-But according to a Sept It "re-when asked to comment Geer gia Power spokesman Todd Ter-y
,c->S pany ofncials they were giving the quest for procee' dings and irr.posi. mit said. "because at is a matter a
g g
cE[<
NRC incorrect information about tron of esvd penalties
- letter to the
.M M
g; GEE %
the generators' rehabihty chairmati of the NRC.Mr. Kahn -,,gygg,,,
7 4
Q Esv wurgia Power recently tired Mr. Mosbaugh s attorney - sai,d y
.!r Mosbaugh because he started that Mr. Mosbaugh told the plant s g
4 a i i: E o
E 8
.ceredy taping conversations with general manager a day aner the C/2 h;a%
uitar empluyees after he brought April 9 letter, was written that the ii as y I E the discrepancies to the company. information in that letter was in-o 2~f
~,
O
=
Mr Mosbaugh now is referrmg l-=
correct.
Q 5 ) 7 -i a all questions to his attorney Mt.
In an April 19 !icensee Event EaE**
2 chul Kohn of Washington. D.C.
Report. Mr. Hairston again wrote
${
j Mr. Kohn was out of town and w
Re he 3-20-90 event.,the I
~' " j k
control systems d M engmd t
tNN
'i March 23 letter from the have been subjected to a compre
g t 2 U *I j.e.tC to W G llairston. senior vice>ident of nuclc.ir operations for to this test program. D M
hensive tut program. SuWen
$ zE $ ' 1 c..rgu Power, said. "Urut I wdl b
i mes se and uo adni str L i
t Se problems have occurred during 5 ! $. $.
that appropriate corrective anion any of these starts.
Ic.s been tsken and l'.c punt can But Mr. Kohn said in his re-Mii afely return tu cyr, tion."
sponse letter that Mr. Mosbaugh Q
- )N.g one of the NRC's concerns was informed Mr, Hairston during a h
5yE*
ft.r Georgia Power tu demonstrate telephonc conversation on Aprd 19
~.
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that the backup generators would. before Mr. Hairston sent the k
N gf n April 9. Mr. Hairston re-I'y ph*t,8'"**
2 g
, ssW 'Mr.
quested approval - in a letter m also ig*!
j g
g known as a Confirmationof Action Mosbaugh told the plant's general y
Ns g w*
1.-itar - from the NRC to restart manager on April 30 that Informa.
o e
i-t mt 1. tnt approval was given a W W E h t the
@ j{j (cw days later.
generators was incorrect.
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Me Aupsta Granicle saws,subv,i6,rfi990 a,=-
The soillh's Oldest Newspaper -Esti 1785WM'. '
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t Vogtle official yogtle: Board given wrong data i
concedes wrong During the briefing, plant offi-e Continued from IA
<iala sed data f-m e o.e,a-InfOrIDat10n plVen S
ing to mislead the NRC," Mr.
tors
- log. Operators consider a test Vogtle official
" successful" if the diesel gener-McCoy said "That is not true. The ByJohn Winters NRC had people there while' we q
Ken McCoy:
ator starts up and runs, he said.
were running the tests on the die-7.,,g
- seenwrue, No n
Based on that, all the attempts A senior Georgia Power official acknowledged were successful for both gener-Friday that the utility originally gave the Nuclear 3*Ylin retr spect the data was.
Nuclear ators.
in Regulatory Commission incorrect information about
- r that we submitted, he add-
{
But an engineers, log showed Commission.
the reliability of emergency generators at Vogtle ed. 'Ilut we had no intent to mis.
that some of the start-up tests lead them."
Unit I of the two-unit power plant were not " successful" because the ut K n 1 y ice president of Plant Vogtle said the company wasn't trying to mislead the com:
. On three separate occasions - near Waynesboro, Ga. One emer. generatur would later shut itself a meeting between the utility and gency diesel generator was down down due to various sensor alarms mission, blaming miscommunication for the foul-up.
the comrm,ssion on April 9, and let-for mamtenance. The other gener- - such as too high a temperature The commission, which oversees commercial nu-ters to the commission on April 9 ator failed to start immediately or vibrations.
clear plants, used that incorrect information in its 19 - Georgia Power of.
that day.,
'That s my understanding of and April,d one of the generators decision to a,llow Georgia Power to restart one of ficials sai The site area emergency was the basis of the confusion," Mr.
Plant Vogtle s reactors about-three weeks aRer a had started 18 out of 18 attempts, declared because it took longer McCoy said. "Our first report was while the second generator had than 15 minutes to get the backup based on the operations log."
ei t n orm on concerned ll.e number started 19 out of 19 attempts.
generator working.
About April 30, Georgia Power of times two backup diesel generators h d success-Actually, one generator stayed Georgia Power officials said learned of the failed tests and that fully started. The commis. sion is contision,ig an inves-successfully in 29 out of 31 tries, the problem with starting the gen-the statement was erroneous,"
tigation into why Georgia Power gaw -s mcorrect while the other one had 21 success-erator was due to a sensor that Mr. McCoy said. "We immediate-data-ful starts out of 29 attempts. The prevents the generator from over-ly moved to correct the situation.
"Incre have been implications that a, aere try-company tried to correct the dis-heating by shutting it down when We verbally notified the NRC resi-Please see VOUTLE on.1A e.repancies in May, but the situa-temperatures get too high. Since dent inspector and talked with the hon was not officially cleared up the incident, the company has got-regional officials."
until an Aug. 30 letter to the com-ten approval from the commission A revised letter was sent on mission.
to bypass the automatic safety de-May 9 that gave the correct infor-Problems in getting the gener. vicc in an emergency.
nation, but that letter also had ators started led to the March 20 The March incident prompted acetional information about test site area emergency - the sec-an investigation by the commis-results beyond the original time-ond-most serious of four nuclear sion into safety issues and the frame mentioned in the April 9 incident levels. It was only the backup generators.
and 191etters.
second time in the nation's history Mr. McCoy said that in the The commission then instruct-such a declaration has been made. April 9 briefing and letter to com-ed Georgia Power to send another On March 20, a truck servicing mission officials, plant managers letter outlining the number of suc-a transformer backed into a tow-did not use all available inf'orma-cessful starts between March 20 er, knocking out a second trans-tion in determining successruf stad April 9, Mr. McCoy said. That
,,,gg.g, M.
termer that provideas wer se seneraser em seller was sent Awr. 30.
b16 3 E W 'irir i
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> continued from A1 j
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2 "r
> Plant Vogtle epum( f,2 E {[e5 gg m9 risked his paycheck, alienated j
I"
&WE triends and co workers, and p
a r
{
E2e edght have irreparably damaged y
a 75 as y 4 pk.
h
[f h:s career in the nuclear power 1
N h
But to Mr. Mosbaugh, the al-N0
[
85 Aususte 77 ternative was worse.
d A staunch supporter of nuclear p,
g,,,,,,
He became a whistleblower.
"*]"
.,. 3 3
g3 g
t power. Mr. Mosbaugh now is an W
y,l gs! 62 k2 g for anti nuclear activists; and,in y
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unlikely-and unwilling-hero g
li; 6 e
, >,$ y 'g!
o e
one Sunday school class, an ex-
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y5=
yi,
ample of a biblical David chal.
3 lenging a Goliath.
M i'
gyj gg M
j g? * :2 o E E 8
stan U
k' Mr. Mosbaugh won a rare vic-
,_E !
tory nine days ago when a U.S.
Mosbaugh's tapes, and he is con-
,5 % {;5 I E
~$g5yggg E Department of Labor investiga-fident they contain evidence of 4
3 g
a=g tion concluded the power compa. Vogtle violations.
4 l
2 4 c.g y-k j g5 ny 111egally fired him last month' Mr. Mosbaugh, a Vogtle em-7%
l g ggg h2 even though investigators had ployee s nee 1984, has alleged
- lM h
sided with the utility on two pre-that Georgia Power - among g
Ag y j j ;;y g vious complaints. The company, other things -lied to the NRC CD --
-t which has been ordered to rehire about the reliability of a backup W
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jgas-gsM $$
Mr. Mosbaugh and pay his lost diesel generator that failed in y
rH i
df w
s tf _ i wages and legal costs, has filed March after a fuel truck hit a f
,b gi j a ;g i f, s,y an administrative appeal..
utility pole and knocked out the 3) g z " c-j a
- g "Under federal law, if you plant's regular power supply.
7"4 26as8y 23 know that the plant's done some-The power loss caused the g
o'
,Ch
~g_gayj 35 ching wrong, you actually have a water that cools the nuclear fuel L
s
- g moral and a legal obligation to to overheat,which could have led 1
e 3
~.
hO expose that," Mr. Mosbaugh said to a serious nuclear accident had
,]Q;Eg[casfE g g*.-
lyj g,To y.l"
.E during an interview at his Co-power not been restored.
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a:
e lumbia County home. "Because C
E yE 8 o E. '.! E 2 if yuu don't, you become a party Georgia Power officials have d
to it."
denied Mr. Mosbaugh's allega-2
- g eymm(
C i E j >3 3, p,,{*
But to Georgia Power offi-tions, although they conceded he d)
~$o *iy clats and some Vogtle managers U
may hate raised some valid, but i
Z a
4 ]gyijEhEd CD d Mr. Mosbaugh is a loose cannon, minor, procedural concerns.
gJ %
g" 3SSsEom a Don Quixote searching out cor-
"No human endeavor is ever o
s 4.g g $6 #
ruption where it does not exist perfect," said C. Kenneth Me.
5 D D g,6 g [2
- 2 y E is and a threat to co workers whose Coy, Plant Vogtle's vice presi-o O
g 8 conversations he recorded for dent. "If any of us thought that
."",8 4Ep,,SEg]
in innd six months. Company officials you have to be infa!!ible to run a said they fired him because his nuclear power plant,we wouldn't y
g gg{p6E##$
t 5,
228o co. workers could never trust do it."
M 2jisqMi him, knowing they might be "That's why we have so many k
hg g a we g t
taped.
safety nets and checks and bal-The NRC is reviewing Mr. ances - safety net after safety eH
& 4 g.=
nos net, check after check," he said I"
d 5 f.E " 3 "g during a recent interview at the l
4 sk h3 Kenneth plant,in which he was accompa-1 E GI McCoy nied by Gordon Van Mol, a Geor-The plantvice sia Power spokesman from At-
.( jj
'b'.g 6 prescent de-lanta, and an attorney, Jesse I
ac N
I h
2 5
P '
3
,,,3 m gge5jd 90 ployee's attega-But Mr. Mosbaugh, who was nes an em-s.;,,3 Schaudies Jr.
umIm l W=
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g g {,,M)]g i
tions of im' interviewed several hours earti-
)mand
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Q =2:g, proonetes.
er in his suburban Augusta g
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e-v
,,, 5,,
dustry must abide by far higher
,H ah Q 4
3 Eg J
R 0
E k
w i
I qr
'9 1
ratriy cemoted - a largmttle-
.y i
~~ 3 7. /. '.' ' '.
was rejected by Georgia t'ower, ment proposed by his t neys E
- i ?.'
f
].
[i,A
..M * 'C-
', (
Mr. McCoy said. Neither Mr.
p A ar es
,vg
,g,._.,
"S
~
Ncg[:y ficials would divulge the amount
'224.
. Mosbaugh nor Georgia Power of.
, i....- l.
'-~.
- p,-
4
-.,. y 'c',..,..
of the proposed settlement.
- g. nm Mr. McCoy, while acknowl-t, ".
A i
-1.k...
.4 edging Mr. Mosbaugh's right to
! h.
complain to federal regulators,
- 4. q
>l
/y g.. y.b,..q said his concerns about plant op.
a
.m erations could have been ad-
. cg[
m
/u J -Q
/. f. i. ',.
Nl g
dressed in house. Mr. Mosbaugh
.i c +....
j.',yff,,*9.2.
J i
contends he had fo!! owed that
')D route and w as stymied every step V?W :L
'D ;'-
2 M - g:t
- ~
I cf the way.
t.
'k g.pc /-
Mr. Mosbaugh, a 16 year vet-f.^ ' V I
..A f -
eran of the nuclear power indus-
W "NT
, r I' '[w;..;f? ;/-
try who helped start several nu-st m mao-s *om ine c=ws
'N y}.? ' '
\\.
'"l.,. ? ';
. ef /., ;
P
% i...
' [,t,
clear plants, said he noticed a e-W Ges* *o+ **
- L ^
1 i jy slackening in the enforcement of ZZgg,*
.g* )7
- 1 regulations at Vogtle more than two years ago dunng a manage.
Mr. McCoy said the coca i
....-c..-
n :...
ment change. Then, Georgia 1
tN J.W '.Q:
T ~ r N($
never discriminated agains]
Power was attempting to shift M's i -
the control of its nuclear plants Mosbaugh, but noted that ee
, g-d ' '.'Mhe@f -
'?..,.,.
to a Birmingham based subsid. attons of his performance a i r.r
..v b.
' "r..'.
cated he had difficulty pea f '& Af.M.h
':d iary,50NOPCO.
Sc.,. 4-rah'g
..T9 ]
Mr. Mosbaugh said the prob. along with his peers. AlsU
' M., M ' E f;';
lem worsened until he discov. said, when Mr. Mosbaugh a
,g.g!'" [. ' 'k'. ;.'
M"T "4
ered last fall that in 1988, top transferred from his temps N
Vogtle officials willfully violated role as the plant's No 3 maag his former posttion had be y
-e s
?
an NRC regulation dunng a reac.
tor shutdown. Georgia Power of. chminated dunng a compam 1
ficials say it was merely a dis. organization.
.:..r-....,.. w
'.ht '
agreement over the interpreta.
Georgia Power has arpd 4d.i's e
',4f.i j,'U6-' ; //
p 4
tion of the regulation.
never considered Mr. MasM t
"If you cut corners on (regu-a serious candidate for pne
',Qi '- 'g.
.'sh. k' lations). you can do things a lot tion because he had repesW
){J 0
- g f aste r."
Mr Mosbaugh said.
told his colleagues af his sues
,U C
~
"And there continued to be oper-fut stock market venturesad
.1
.N N
5s ator mistakes and nobody plans for early retireme0LI really came down on anybody."
'McCoy said the companyes
'.jg %
r
's luctant to invest thoussac d.
. Y
,e 7... j.e.? a, V. e..A
.9.,3-'k dollars to train Mr. Moda J
J\\ *.
?*
f i
N v
After a month of soul. search-for a higher position if hekW w A. eness Jr/stan ing, Mr. Mosbaugh said, he re-long tmn plam to W ported the alleged violation to Several current and At home with his wife, Mhy. erf,ree' Amen */osca igh awa ts the the NRC. He followed with fur-Vogtle employees ha
- PC s f.nc rgs on nis ena'ges of ursa'e prances at Plant Vogtle.
ther complaints and began car-actins to Mr. Mosba#
rying a micro cassette tape re-dicament. Nearly all ref88 his wife. Kathy, occastonally en*
corder in his pocket.
divulge their names fof W aandarjs "No detail is so small that it tered the rooni and interrupted Mr. Mosbaugh claims he was retribution, but all said luesn1 matter," said Mr Mos-him harassed when some colleagues Mosbaugh was a highlf caugh, who holds a master's de-
"Did you tell him that if and superiors began to suspect gent and competent emp gree in chemical and nuclear en-there's another accident Ike him of being a whistleblower.
gtneenng from the Universtry of Three Mile Island, it'!! be the end This year, Mr. Mosbaugh, who Cincinnatt "A single mistake of nuclear power?" Mrs. Mis-earned an 580,000 salary, said he can result in disaster in terms of baugh asked, adding that the was demoted and given make-human life and financial loss stanes firmly with her husbard.
work assignments. He said he You just can't be casual about In June, three days befcre also was removed from the Mr Mosbaugh's first 1 abor Ee-plant's safety review board and your approach '
Dunng the interview in his partment complaint - in which denied special training for a sparsely decorated hving room, he claimed that he had been m-higher position.
l 1
'?C NRC considers
' ~
revok.mg h. censes ofVogtleworkers 1 u
By Ben Smith!!!
The in0st serious j;
stan wnter O
Of the all6gationS The Nuclear Regulatory Commission (NRC) may seek to gSgggg p{g j ;,
have the licenses of three Plant Vogtle employees revoked fol-VOgtl6 iS thatplant 4:y tions of safety problems at the Of[IClalS lied to th6 lowing aninvestigation of allega-f.' _
h Burke County plant.
NRC about the am Michael Kohn, attorney for ag Allen L. Mosbaugh, a former T6llability OfG l
plant manager who made the al-baCkaE df680f
{ un'i irWI legations, said Thursday the Alt bi- (
lD NRC recently sent letters to the cr6n6 Tat 0T that Georgia Power Co., asking the o
7ag utility "to explain why their 11- [Q[lgd Gffgr G J
censes should not be revoked."
pot 6Mtially
- a cials confirmed the existence of dlSGStTOUS GCCid6Mt
- gay NRC and Georgia Power offi.
- a the letters but declined to dis-zn March 1990.
t[
cuss specific details contained in l
them.
l nun "We have sent letters involv-i stad ing some potential enforcement address only part of the investi-
{
matters. That is all we have t Eation - that plant operators in say until the action is complete...
October 1988 risked a' nuclear lg said NRC spokesman Frank In-reaction by opening two valves to gram, contacted late Thursday.
add water to the reactor system i hits l as A fina' decision willbe made during a shutdown.
81 8
i after a meeting betweenthe NRC Mr. Mosbaugh has said the lp ar.d Georgia Power, officials NRC requires the valves be kept ty said.
! wid closed during shutdowns. liy "We've received the letters.
The NRC. continues to investi. adding water, the operators ili-
. dIW luted the concentration of boron, I @#
gate certain events that occurred thus risking an unsafe reaction.
in 1988," said Georgia Power 4
" ~
spokesman Tal Wright. "We are g
p continuing to cooperate and pro-tained it was not an intentional g
vide any information they violationbuta differentinterpre-se 4
< 4,,
request.
tation of regulations. A follow up The NRC has investigated up investigation determined that h,
h to 25 potential safety violations the practice posed no danger, t
at Plant Vogtle alleged by Mr. conipany officials have said.
fj Mosbaugh. The most serious of the allegations is that plant offi-Mr.Mosbaugh,who was fired g
cials lied to the NRC about the from the plant in October, re-
'reliabilityof abackupdieselgen-fused to comment Thursday.
erator that failed after a poten. Last November, a U.S. Depart-tially disastrous accident in ment of Labor investigation con-cluded thathe wasillegally fired, March 1990.
Mr. Kohn said the recent but Georgia Power filed an ad.
ministrative appeal.
NRC letters to Georgia Power L
v f
~
E%e Attgttsta (bronide.
P.
J July 10,1991 l
Utility exec accused l
of lying under oath
(
to issue a "show cause" order as By John Winters to why it should not suspend Geor.
stafr wruer A senior Gecrgia Power Co. ex. gia Power's license to operate
,/
i ecutive made frlse statements un-Plant Vogtle.
i e Mr. Mosbaugh, who was fired j
der oath to the Nuclear Regulato. from the plant last year after se-ry Commission investigating al-i) leged safety vialations at Plant cretly taping conversations with other employees, has made sever-Vogtle, accordirg to documents al allegations to the commission 1
filed Monday w;th the commis-about safety problems at the site.
d '"~
sion.
Last year, his a!!egations that In the amendment to an earlier petition, attorneys for Allen _ Georgia Power had given the com-3 mission incorrect information Mosbaugh, a former senior man. were admitted by the company ager at tne two reactor unit plant, and prompted the current investi-
[
accused senior officials of making false statements "it tended to cov-gation.
Georgia Power, which operates 4
er up intentional wrongdoing on the part of Georgia Power Co. and the plant outside Waynesboro, 7
to otherwise obstruct the NRC's Ga., has denied Mr. Mosbaugh's 1 -
latest allegations, as it has all oth-
< ~
ongoing investigation "
Because of
- that, Mr. er charges.
n,,
Mosbaugh's attornef, Michael rrutted tapes to the commsas Kohn, has asked the commission Please see V0GTLE on 5A that showed Mr. Hairston was s> ' '"'
volved in the conversation and that questions were ratsed stad the reliability of the generafars g
duttag that conversatson.
s i
"The truth is that Mr. Hairss 4*
did participate m the Aprd E the incorrect informauon in its de-.1990, conference ca!! and he ad Coottoned from 1A cision tolet Georgia Power restart have Grsthand knowledge of er -[,
Mr. Moseaugh's complaints Unit t after theincident.
het that the information rege+ 1 Georgia Power of!)cials tater came after a March 20,1990. Inci. acknowledged thatincorrectinfor.. Ing the start data of the i
erstors was false and inaccurses, qg dent at the plant in w!uch a truck mauen was giveo to the commis-servicing a transformer backed sloa, but blamed the protdem en a the peuuon said.
s Mr. Xohn. Mr. Mosbaugh's se into a tower, knocking out a sec. miscommunication and said there tomey, said hi and transformer that provided was no intenuen to mislead.
managers about the probises 1 %
power to Unit 1. One emergency The peudon Aled Monday is an diesel generator was down for amendment to the original sept. with the generators before
(-
maintenance. The other generator conference call. He would est4 %
failed to start immediately that II,1990. petition.
who Mr. Mosbaugh told.
4 <
Earuer this year, the commts-day.
stors asked Georgia Power to sub-Mr.Kohn did say his cuent.rY,,s,,
tn a Sept. 11,1990 peudon,Mr. mit additlenal informauen - un-Ipated in the confuence "Mr. Mcdonald's sworn 88 Mosbaugh accused the utfifty of concerulag Mr.
der oath ment to the contrary consubf88 lying about subsequent tests to de. Mosbeo
's original peution.
termine the reliability of those la Monday's peti-meterial false statement 880 d
N aW esecutive with the lateadast generators.
tion, R.P.
On three separate occastaan - vicepresidentforthestlut,made engeing durtng a meeting between the stD. falso statements about sa 10 tiens.
sty and the commisslao en AprG 9.
1980, telephene eenforence eng la a prepared statsmest, and in letters to the commission asnesig senior plant managers to gia Power spokesman Tal en Aprit t and 19 - Georgia Power escises the genersters.
said, "We have not asse o nata aald one of the generators The esafurases enE was made managh's latest Sung.
m
' A had started 18 out of 18 attaasgwhile the second generator asa hows bedure
-1:le important to the letter to he *=sa=@a started 19 eut ofIS attempts.Actually, aos generaler started asying te genersters 3 Gen. Mr.
successfuuy II out af 31 tries, ery ties earlag test 8-ciabas against Mr. p au sold ender esth the Department of whue the other one had si sueemas. het George Matrates, soster vlee meestery Maebeugh's provtsus Ad starts in as attempts. The dia. president ser Oesegle Power, ed were based se islas sa crepancies were met smcidy cleared up intu an Aug. 30, Isst, set parecipate la est eenforence rate statements. Weest revle seR,the polluss anM.
louer to the earneuesten.
However, the peuden aald Mr.
The -.
" widch rego.
tales commercia reacters, used MeshaugWe attweeys have sub-effwent."
z k
~ ~ - =. -
T H U R s D AY, J AN U A RY Z i,19 9 3
~_
__p "l*I l E 1*1 R dI' lie -
i Ga. Power probed by feds Alleged lie about safety of Vo is focus of criminal mvestigation the a out safety problems at Most serious charge:They lied lie later was fired after Geor-By David Beasley The most serious of Mr. Mos-gia Powerlearned that he had se-sWN" baugh's charges is that Georgia The U.S. Justice Department Power officials tied to the NRC cretly tape. recorded conversa-is conducting a enmmal lovesti-about the reliability of a crucial tions with fellow plant em-T.
playees.Thosetapeswerelaterturned backup generator following a gitioninto allegations that Geor-gia Power Co.officialslied to the March 1990 accident at the plant. over ta the NRC. According to p " s.,
NM.
Nuclear Regulatory Commission The generator failed after the Mr. Kohn, the tapes are the fd f ,fg
- i*
regular power supply was
" linchpin" of the criminalinves-
? ;
(NRC) about the safety of Plant Vogtlenear Augusta, knocked out by a truck that hit a sc.9
- A.
- .1 c.'c '-
8 m
- tigation, Georgia Power spokesman
[.h.
' g3.dci f The investigauon was con-pole, causing a 36-minute p
,l 'r Tal Wright declined to comment
..%v firmed for the first time by the blackout.
A second backup generator in thecaseof Allen L Mosbaugh* was undergoing maintenance at on the criminalinvestigation.
T*
NRCin documents filed recently 3
ili
^
7 4? -
s.former high-ranking manager the time of the accident and was b*'""* *"*
- h
?
l k
,,,. 1 :.
l tt.the nuclearplant,involvedin a not oEerable' During the blackout,the ten - gca N C'
' 'r4 1
.z, 8;.
lengthy whistleblower action erature of water used to keep And they point out that a La-l g
I tgdnst the utility..g In the document, NRC de pthe nuclear fuel from ' melting bor Department admmistrative clines to comment on Mr. Mos-heated from 90 degrees to 136 law judge ruled that Mr. Mos-
{
baugh's allegations because degrees, the NRC says.
baugh was lawfully fired.
's Georgia Power officials alleg.
That decisionis under review sued by the Department of Jus-edly told NRC officials that the by the oflice of the U.S.12bor
.g /.. g',' {
"these allegations are bemg pur-8
. 2[l '.~, p,9
- rm's mechanical prob.
gj tice for,possible enmmal prose-lems were quickly corrected.
Inaseparateaction Mr.Mos-M' ]
- 19 Secretary.
bael Koh"1 attorney for 11ut, according to Mr. Mos-baugh'has filed a petition with f " < '.,
N '.'. '
. baugh, the ' generator continued king to block transfer of f; s 1W
-i
!I'. (^,P i
Mr.Mosbaugh who specializes an whistleblower cases, said a fed to be mechanically unreliable 'NRC seethe Vogtle license from Georgia
~
^
~C h
eral grand jury has been con-and several components eventu-Power to a utility -subsidiary, j
~ 'ggiQ,J.;,.c vened in Atlanta to consider the ally had to be replaced.
s.
Nuclear Operating Southern Mr. Mosbaugh, formerly the
'M,2 Company,because of the alleged An allegation that Georgia Power ofTicials case.
third highest ranking manager at
+
Joe Whitley, U.S. Attorneyof yogtle, claims in a complaint safety violations.
that proceeding, NRC acknowl-about the reliabili7 of a crucial backup generato in documents filed during for the Northern District Georgia, declined to confirm or filed with the U.S. Department of is under.investigan.or edges for the first time the exis-March 1990 accident at Plant Vogtle.
Labor under a law designed to deny the existeace of a grandas did a protect whistleblowers that he jury mvestigation was demoted after complaining tence of a criminalinvestigation.
spokesman for Georgia Power.
\\
=
Me Augusta (bronide The Soulh's Ohlest Nthpapet Est.1785 February 24,1993 NRC board agrees to hear
,,,_,,d'h.,,,,
e recordings that enabled e
whistle-blower s 3etition y
- - +> -
himself from accusations leveled against him by a request from Georgia l'mver Co. tained we migm direct that the h-Georgia Power that he was By John Winters to transfer the operating license of cense amendment be demed or responsible for the Plant Vogtle to Southern Nuclear conditioned on changes in the structure and persoimet of South-Submission Of falso Su" Operating Co. Doth are subsidiar-ern Nuclear." it enneluded intofmation to the NRC.
ics of The Southern Co. and the WASillNGTON - An adminis-transfer would be a change main-The ruhng is similar to that of Michael Kohn' trative board has agreed to hear a ly m name only.
a grand jury Imdmg sufDcient evi-Mosbaugh's attorney petition alleging a subsidiary of dence to take a case to trial. No The Southern' Co. lacks the ** char-Mr. Mosbaugh petitioned to in.
decision is expected for several acter, competence and integrity. tervene in the request for the months.
to operate Plant Vogtle.
change, arguing that because Geo8C a Power spokesman Tal * "
5' i
company ofDeials lied to the NitC.
In a Feb.18 ruling. the Nuclect which oversecs commercial nucle-Wright said."We are disappointed Mr. Mosbaugh was fired from Regulatory Commission's Atomic ar plants, the re*luest should he in the hoard's decision and will Ccorgin Power after it was Safety and Licensing floard grant. demed.
appeal it it is important to note learned he was secretly taping ed a petition from former Georgia that the hoaid accognites that Mr-conversations with employees af-Power Co. official Allen Mosbaugh "We find that there is adequale Mosbangh's allegations have noi ter the March 1990 incident, to hear his allegations.
basis for Mr. Mosbaugh's conten.
tion that at least one senior officer been proven "
- Ultimately, it is,the tape re.
lic alleges company cincials of Southern Nuclear is lacking in The U S Justice Depadment cordings that enabled Allen tied about the reliabihty of emer-character and competence and currently is conducting a aiminal Mosbaugh to protect himself from gency equipment - namely diesel that Southern Nuclear lacks the investigatinn into some of Mr. accusations leveled against him generators - at I laut Vogtle after integrity required of a licensee for Mosbaugh's allegations by Georgia Power that he was re-a March 1990 site area emergency the operation of a nuclear power Iris attorner. Michael Kohn, sponsible for the submission of in an effort to get permission to plant." the order said.
sa d he believes that investigation false information to the NRC,"
The ruling came in the midst of "If this contention wcic sus-will be cumpleted within six Mr. Kohn said.
restart a nuclear reactor l
M' y
[
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d. ' 'r M.'*? % %
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O The Atfantajoumal
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.:.%sx :.O.u;s i.'s i 9..M...;. z. s.. g. ;.m.x.
l
=
L z
v v
f j
d F6 Thursday. February 25.1993....
l3 R
Whistleblower to air
}
PlantVogtle complaints day the licensing board's deci-Assocano mss sion to hear the evidence ulti-f Washington - A federal 11-mately could afect the operation of two other nuclear plants in the censing board has agreed to hear Southern Co. system, Plant the' case.of a whistleblower who claims he can prove that the. Hatch near Baxley and Farley Nuclear Plant near Dothan, Ala.
maragement of Georgia Power If the board accepts Mr. Mos-i Co.*s Plant Vogtle lacks the com-baugh's arguments in this case, pete.uce and integrity to operate Mr. Kohn said," Georgia Power i
a nuclear plant.
-The decision by the Nuclear and Alabama Power are going to have to show the NRC they have l'
Regulatory Commission's Atom-replaced the management of ic !) censing and Safety Board
<ih stems from allegations by Allen their nuclear facilities with qual-ified, competent people of high jL L. Mosbaugh that Georgia Power integrity before they will be al-
. E managers tied to the NRC after a lowed to continue operating their 1990 accident at the two-reactor 3iE l 1.'
plant near Waynesboro.
plants."
.The allegations by Mr. Mos-Georgia Power spokesman l
TalWright said the companywas lT' baugh, a former senior manager at Plant Vogtle who was fired in disappointed in the board's deci-
- g September 1990, also are the sion and will appeal it to the subject of a federal criminal in. NRC."It is important to note that vestigation, according to NRC the board recogmzes that Mr.
4 J
documents.
Michael Kohn, Mr. Mos-Mosbaugh's allegations have not i*
l' baugh's attorney, said Wednes-been proven," Mr. Wright said.
5 4
I<
l 1
t l;
i i
4 i l
Dothan Eagle i
(Alabama, Feburary 25, 1993) 1 i
4 1
l Wiregrass/ Nation l
Far ey cou c' 3e aYec:ec oy I
l case i vo ving Georgia olant j
Fmm Star'. WI.s asports Wright said the commy was dis-If that contact &on la cybeld.'the appos'stad in the b s
board sa.id. It might deny the.
WASHINGTON - !s a case and win appealit to the I
SouthernNuben4ru eat er ask.
!!seeae a j
which could also affect the Farle It is truporunt m moca that tha er sa snah changes Nuclear Plant naar Dothan, y N h es M 18r. h gg a er persannel-4 s
- s ace ( sersous aHess.
federal!!ceesir:
r"Ih,8 p"om...aDegations have not been tionis ma Geor$a Power offtmals to haar a whtetkblower'sboardtaaa.
M tsaid.
the NF.C anout the that managsmant of Georgia The board's mms =t last M dIt dgty of a cruM bM Pe=tt's Plant Vogtle lacks esm. came in a in which Gergia afterthe1990 accidentat i
9etacca and integrity a operate a Power is tiLg to trana Its y,
l nuciaar plant, operating Heense for Plaat. g t wM when a j
dacision by the Nuclear to SouthernNuclear O another Southern Co. peratin treek a
pela and causeda subendiary.
as mingle ychart.
M tary Comtrussiac's Atoaue 1
and hatety scard stems Because the lletsde transfer the water lesnpnhtte af reae-1 froct a tions by _ADec L. Mos. would rot result in a in ter cos(in6..aJatem rose froaa 80 baurh I at Goorgia Powor f
management of the pla:st, the An ue
'"a r a gert to the NRC after a NRC staff and G<arlpa Power aa i
1990 ace: dent at the two reactor i
plant near Waynesbaro.
Maabsugh's tritarvention wt h (J.S. b ber e case, at that there were nasat thdt hewas demated by l
"Ibe allagaticca by Nxhaugh, a no new safety g)4 Peter after be former senter manager at' Plant But the board disagreed, anying about safety M
V who was fired in Septernbar that Mosbaugh should not be Be j
also are the subject of a deprived g( ms right to 1stervena "I g I
al criminal Investigstim. se- "becausa the matstial safat, eas m aa wie
(
eerdlag to NRC Anemnaets.
leocles he has aUnged raa7 al.
auspla Eaka as!yess at the 7 u%1 Kahn. a
- lar Mas-raa be d those tapes were j
bauga. Sals w that tbs boa found "an ade.
provida ger to the NR turned licanatng board 4 doch tohear te basis" for Nesba
'sclaha I
hasta for the l
MashaC5h's evidence uJtirne St Southern Nuclear m,esg now bois
(
coald affset operation of theFat Co. President R.F. we tp'is by a f a y 9, Muelser Plant acer Dothan lacking in character and coep Moabsus r'lant Halea naar Baader Ge j
Part at the Soumarn Co.',s eys., both tem. lacks as in ty required af a gvelaw pdse. Department a4, potence and that Southern Nuclear a
M the b.oardMts. x.ntaugh's 1
Mo M
o an a
,, n
- i. au censes for,,,aa,perstica el a has h.wa g,,
- e. i.
csa,,0.a u b.c m
gia Power and Alabama.
t 1
Power are sotag to have to show l
the NRC they nave repleeed 6e 4
management of their natalear t
taentties with chaipotest tNb to combue opers l
their piaats."
j sta Peoer spokesesaa Tal 1
a, i
i
.