ML20111C171

Notice to Commission,Aslab,Aslb & Parties of Transmission of Licensee to Staff,Kp Richardson Affidavit & Clarifying Ltr.Related Correspondence

ML20111C171
Person / Time
Site:	Three Mile Island
Issue date:	01/07/1985
From:	Doris Lewis GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
CON-#185-971 SP, NUDOCS 8501090202
Download: ML20111C171 (14)

Text

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~9 / Jcnuary 7_,,,1985 pttr32G u. - ' ~g;;;ce UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C0CMETED UMC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 15 JAN-8 di:i2 In the Matter of )

)

[gh((8[QgDR CM METROPOLITAN EDISON COMPANY ) Docket No. 50-289 '

) (Restart Remand '

(Three Mile Island Nuclear ) on Management)

Station, Unit No. 1) )

NOTICE TO COMMISSION, APPEAL BOARD, LICENSING BOARD AND PARTIES By notice dated October 16, 1984, Licensee distributed a copy of the " Report of Bechtel North American Power Corporationk -

Regarding the Allegations of Richard D. Parks" (Oct. 1984). # '..

The NRC Staff provided Licensee with comments regarding this report on October 23, 1984. In response, Licensee transmitted to the Staff on January 3, 1985, an affidavit of Kennedy P.

Richardson and a letter from Mr. Richardson clarifying a para-graph in his affidavit. Licensee's January 3, 1985 letter and enclosures are forwarded herewith for your information.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE

% V.c David R. Lewis Counsel for Licensee Dated: January 7, 1985 8501090202 850107 PDR ADOCK 05000289 =

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GPU Nuclear Zorporation hQ g g7 100 interpace Parkway Parsippany.New Jersey 070541143 (201)263 6500 TELEX 136 482 Wnter's Direct DialNumber:

January 3,1985 (201) 263-6797 5211-85-2002 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation United States Nuclear Regulatory Comission Mail Stop P-426 Washington, DC 20555

Dear Mr. Denton:

Your letter to me of October 23, 1984, provided NRC Staff coments and conclusions regarding a report by Bechtel dated October 16, 1984, concerning their review of allegations by Mr. Richard D. Parks.

I forwarded your letter and the NRC Staff coments to Bechtel on t.

October 31, 1984, inviting any further information or coments.

f- l Enclosed is an affidavit by Kennedy P. Richardson, which provides infor!^ " ..

mation related to the Staff's concerns, and a letter from Mr. Richardson clarifying paragraph 7 of the affidavit in response to questions we raised.

We will serve the report on the TMI-1 ASLB and the parties involved.

Very truly yours, P. R. Clark President PRC/agh Enclosure cc: A. Blake, Esquire, Shaw, Pittman, Potts and Trowbridge R. C..Deyoung, United States Nuclear Regulatory Comission B. K. Kanga, Bechtel Power Corporation K. P. Richardson, Thelen, Marrin, Johnson & Bridges W. T. Russell, United States Nuclear Regulatory Comission C. W. Sandford, Bechtel North American Power Corporation GPU Nuclear Corcoration is a subsidiary of General Public Utilities Corporation

,- __.._________--_E

' COUNTY OF ALAMEDA, )

) ss STATE OF CALIFORNIA )

AFFIDAVIT OF KENNEDY P. RICHARDSON I, Kennedy P. Richardson, being duly sworn under. oath, do depose and state: -

1. I.am a member of the law firm of Thelen, Marrin, Johnson & Bridges headquartered in San Francisco, California.

z -

My. firm represented Bechtel North American Power Corporation { . -

r (hereinafter "Bechtel")'in the administrative action filed by -

Richard D. Parks before the United States Department of Labor

. against Bechtel under section 201 of the Energy Reorganization Act, 42 U.S.C. section-5851, which action was captioned In re.

Richard D. Parks v. Bechtel Northern American Power Corporation (Case No. 83-ERA-8). In his complaint, Mr. Parks alleged that

- Bechtel threatened or took adverse employment actions against him because of his having voiced technical objections or questions in connection with his employment by Bechtel as a start-up and test engineer at Three Mile Island ("TMI").

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. _ . ._ . _ . ~ . . _ _ . . . - . . . _ _ _ . . , _ . . , . , . _ . . _ . _ _ _ _ . . . . _ _ _ . _ . . _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ . . . _ 0

r

.- 2. Along with my partners William F. Hoefs and Philip R. Placier, I was primarily responsible for

, investigating Mr. Parks' allegations. Our assignment was to interview all available witnesses, review all relevant docu-ments, analyra the assembled facts and report to senior.Bechtel management so that a determination could be made.whether there was merit to Mr. Parks' allegations. The timing and extent of our' investigation will be generally described in the remainder of this affidavit. The description which follows is based on my personal review of our files relating to our investigation of Mr. Parks' allegations and our attorney tima records.

3. Our investigation commenced shortly after Mr.

Parks publicly announced his allegations at a press conferende.' -

r.

on March 23, 1983. Mr. Hoefs, alone or jointly with Mr. r~

Placier or myself, interviewed the following witnesses during the time period of March 29, 1983 to April 12, 1983: Bahman Kanga, Director of TMI-2; James Thiesing, Manager of Recovery Programs; Andy Wheeler, Chief Start-up Engineer for the Gaithersburg Division of Bechtel Power Corporation; Edward Kitler, Start-up and Test Supervisor; Joseph Chwastyk, acting Site Operations Director; C. W. Sandford, Deputy Division Manager, Gaithersburg Division; Richard Gallagher, an engineer "

in the Site Engineering Group; Mark Kobi,.an engineer in the Reactor Disassembly and Defueling Group; and Blaine Ballard, f

. . Manager of TMI-Quality Assurance Modifications / Operations.

Except for Messrs. Sandford and Wheeler, who were interviewed at Bechtel's Gaithersburg offices, all of the foregoing interviews were conducted at TMI. And except for one follow-up interview conducted over the telephone, all of the interviews

,were in person. .

4. Mr. Placier personally interviewed Lee Hoffman, a Bechtel internal auditor, in San Francisco on April 14, 1983.

5. The foregoing interviews were lin addition to

~

, preliminary meetings which Messrs. Hoefs, Placier and I had with various project engineers and managers in late March and early April, 1983, concerning the history and technical background of Mr. Parks' allegations. - ^ -

P-

6. During the period of April 18 to June 21, 1983C:-J conducted initial or further interviews of the following witnesses: Bahman Kanga; Ronald Freemerman, Deputy Manager, Recovery Programs; Tom Morris, an engineer in the Site Engineering Group; Robert Rider, Manager, Design Engineering in Gaithersb'urg; Dwight Walker, an engineer in the Site Engineer ing Group; Charles Hansen, Recovery Programs Regulator Coordinator; Richard Gallagher: Robert Metzger, Manager, Reactor. Disassembly and Defueling; Edward Kitler; James Thiesing; Mike Radbill, an engineer in the Recovery Operations Group; David Lake, Manager, Recovery Operations; Mark Kobi; 1.

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Herbsrt Brunor, Mantgor of Project oporations, Dommatic, Gaithersburg Division; Larry Santee, Manager, Program Controls; Rick Jackson, an engineer in the Design Engineering Group; C. W. Sandford; Joseph Buell, a Gaithersburg procurement supervisor; Darrell Blizzard, a Gaithersburg procurement representative; George Kunder, Manager, Safety Review Group; Joseph Chwastyk Bubba Marshall, an engineer in the Site Operations Department; Richard Jubin, a Bechtel engineer working-at a Florida project: Rose Rittle Pavalonis, a secretary in the Site Engineering Group; Blaine Ballard; Joe Marsden, a Quality Assurance Engineer: John Fornicola, a Quality Assurance Engineer; and Gordon Clements, Senior Engineer with United Engineers and Construction. All of theke-' _-

interviews were conducted in person, except for the intervieds.,

of Metsrs. Kunder and Jubin which were by telephone. And all of the face to face interviews were conducted at TMI except for those of Messrs. Sandford and Buell which took place at Bechtel's Gaithersburg offices. -

7. Some of the interviews listed in the preceding paragraph were conducted in conjunction with the independent investigation undertaken by Edward Stier on behalf of GPU Nuclear Corporation ("GPUN"). In these instances, I participated in the interviews of the witnesses with Mr. Stier or one of his associates. These joint interviews were in R

.c i addition to separate interviews which I had previously j I

conducted of the witnesses.

8. Although we requested an opportunity to interview ,

Mr. Parks concerning his allegations, Mr. Parks ultimately declined the interview. Instead,. Mr. Parks acceded to.an interview by GPUN's investigator, Edward Stier,.in which Mr.

Placier was only permitted to observe and take notes. (This interview was never completed because Mr. Parks refused to i continue the interview beyond the first session, which took place on May 10, 1983.)

9. Apart from the aborted intervie of Mr. Parks which was tape recorded by Mr. Stier with Mr. Parks' consent ,,

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none of the witnesses interviewed by Messrs. Hoefs, Placier %r -

I were asked to sign written statements or affidavits. ' l.

Consistent with our normal practice, we prepared typewritten and handwritten memoranda and notes of the interviews which memorialized the relevant suustance of the interviews.

10. In addition to interviewing witnesses, Messrs.

Hoefs, Pl' acier, and I examined a large number of documents

during the late March to June, 1983 time period. These l

documents were gathered and evaluated with the assistance of project personnel. The documents-fell within the following i

primary categories: correspondence to and from Mr. Parks; minutes of project group meetings; engineering and t-

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.- administrative documents relating to the polar crane test program and other projects in which Mr. Parks was engaged or which he criticized; transcripts of Mr. Parks' public statements; Mr. Parks' personnel file; the investigative notes and memoranda of non-legal personnel relating to Mr. Parks' involvement with Quiltec, Inc., and the depositi.ons and statements obtained by GPUN from the persons U50 Mr. Parks alleged were the sources of the " mystery man" allegations in his Department of Labor complaint.

11. On the basis of our contemporaneous time records, I estimate that Messrs. Hoefs and Placier and I spent well in excess of three hundred hours in conducting the investigative 4 activities described in the preceding paragraphs. Substantidl. .- -

r-additional time was spent by our defense team in other triale -

4 preparation activities.

12. I participated in and am familiar with the written repor,t concerning Mr. Parks' allegations which Bechtel submitted to GPUN on or about October 11, 1984. Because of -

time cons"traints, references were made in the report to the deposition testimony obtained in the investigation conducted by Edward Stier. All of the significant facts established by the referenced deposition transcripts were already well known to the Thelen, Marrin attorneys as a result of our own investiga-tion which began before and continued into the early phases of l

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Mr. Stier's investigation. In preparing the aforementioned report, it was more efficient to cite the existing deposition transcripts rather than prepare affidavits for all the witnesses. Insofar as pertinent factual matters were not covered by the Stier depositions, we obtained affidavits from 4

the witnesses in question to establish f acts which we had initially ascertained during our earlier-investigation.

(Rather than base the report on our 1983 interview memoranda

-and notes, we concluded that it was more appropriate to rely on deposition transcripts or affidayits which the , witnesses themselves had affirmed under oath.)

The foregoing is within my personal knowledge. If called as a witness, I can and will competently testify to.5 e -

same. '

'[,

i A r n KE!hnbdy P. Richardson- -

STATE OFHAWAII '

County ofKauai l

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December 26, 1984 VIA FEDERAL EXPRESS Mr. Phillip R. Clark President GPU Nuclear Corporation 100 Interpace Parkway Parsippany, New Jersey 07054

Dear Mr. Clark:

On November 9, 1984, I signed an affidavit ,

concerning the timing and extent of the investigation [.

conducted by this firm in 1983 with respect to the complaint which Richard D. Parks filed with the Department .

of Labor under section 210 of the Energy Reorganization Act against our client Bechtel North American Power Corporation. I am writing to clarify paragraph 7 of that affidavit which refers to interviews which were conducted in Edwin Stier's investigation and in which I participated. Since the interviews in question were of Bechtel employees, Mr. Stier arranged the interviews through me as Bechtel's attorney. For the sake of economy and convenience I chose to coordinate the interviews with the informational needs of my own investigation. There was no collaboration between Mr. Stier and myself with respect to the scope of these joint interviews or the C

- Mr. Phillip R. Clark '

December 18, 1984 Page TW9 use of the information obtained from the interviews. My role of representing Bechtel's interests in these interviews was entirely separate and divorced from Mr.

Stier's investigation over which I had no direct or indirect control.

l I also wish to note that this same paragraph contains an error with respect to Mr. Stier's name. His first name is Edwin; not Edward.

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I trust the foregoing will dispell any erroneous ,t- ;-

interpretations of the paragraph in question. [

Very t ul yours -

+

• ennedy P. Richardson STATE OF CALIFORNIA )

) SS.

COUNTY OF ALAMEDA )

Subscribed to and sworn before me, Rosalie D.Hegarty , the undersigned Notary Public, on this the 26 day of December , 1984, by Kennedy P. Richardson who personally appeared before me, and proved to me on the basis of satisfactory evidence that-he is the person whose name is subscribed to the within instrument, and acknowledged that he executed it.

WITNESS my hand and official seal.

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ROSALIE D. HEGAATY, Mg k Notary's Signature Ys '

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Janunry 7, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart Remand (Three Mile Island Nuclear ) on Management)

Station, Unit No. 1) )

CERTIFICATE OF SERVICE y, .

I hereby certify that copies of " Notice to Commission, Ap-peal Board, Licensing Board and Parties," dated January 7, ,

1985, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 7th day of January, 1985.

'Nt N

' nh .c. & , ,3 David R. Lewis Dated: January 7, 1985 F

t UNITED STATES OF AMERICA r NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart Remand (Three Mile Island Nuclear ) on Management)

Station, Unit No. 1) )

SERVICE LIST Nunzio J. Palladino, Chairman Administrative Judge U.S. Nuclear Regulatory Commission Gustave A. Linenberger, Jr., _

Washington, D.C. 20555 Atomic Safety and Licensiny Board U.S. Nuclear Regulatory Compission Thomas M. Roberts, Commissioner Washington, D.C. 20555 -

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Gary J. Edles James K. Asselstine, Commissioner Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Frederick Bernthal, commissioner U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 John H. Buck Atomic Safety and Licensing Lando W. Zeck, Jr., Commissioner Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Administrative Judge Ivan W. Smith Christine N. Kohl chairman, Atomic Safety and Atomic Safety and Licensing Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Docketing and Service Section (3)

Sheldon J. Wolfe Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 I

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SERVICE LIST PAGE 2-Atomic Safety-and Licensing Mr. Henry D. Hukill Board Panel Vice President U.S. Nuclear Regulatory Commission GPU Nuclear Corporation Washington, D.C. 20555 P. O. Box 480 Middletown, PA. 17057 Atomic Safety and Licensing Appeal Board Panel Mr. and Mrs. Norman Aamodt U.S. Nuclear Regulatory Commission R. D. 5 ,

Washington, D.C. 20555 Coatesville, PA. 19320 Jack R. Goldberg, Esquire Mrs. Louise Bradford Office of Executive Legal Director TMI ALERT U.S. Nuclear Regulatory Commission 1011 Green Street Washington, D.C. 20555 Harrisburg, PA. 17102

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Thomas Y. Au, Esquire Joanne Doroshow, Esquire Office of Chief Counsel The Christic Institute Department of Environmental 1324 North Capitol Street Resources Washington, D.C. 20002 g'. -

505 Executive House P. O. Box 2357 Lynne Bernabei, Esquire F ,,

Harrisburg, PA. 17120 Government Accountability Project Michael F. McBride, Esquire 1555 Connecticut Avenue .

LeBoeuf, Lamb, Leiby & MacRae Washington, D.C. 20036 1333 New Hampshire Avenue, N.W.

Washington, D.C. 20036 Ellyn R. Weiss, Esquire Harmon, Weiss & Jordan Michael W. Maupin, Esquire 2001 S Street, N.W., 6430 Hunton & Williams Washington,.D.C. 20009

. 707 East Main Street l P. O. Box 1535_ William T. Russell l Richmond, VA 23212 Deputy Director, Division of l Human Factors Safety i Office of NRR I Mail Stop AR 5200 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I

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