ML20126C063

Discusses May 1978 Rept by Mgt Analysis Co Re QA Program, Providing Results of Applicant Evaluation of Failure to Produce Rept of Earlier Date.Related Correspondence

ML20126C063
Person / Time
Site:	Comanche Peak
Issue date:	06/12/1985
From:	Wooldridge R TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
To:	Bloch P, Jordan W, Mccollom K Atomic Safety and Licensing Board Panel
References
CON-#285-424 OL, OL-2, NUDOCS 8506140297
Download: ML20126C063 (2)

Text

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ecccu.s..av=<. 00CXETmG & SE4ar; BRANCH Peter B. Bloch, Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20535 Dr. Walter H. Jordan i Administrative Judge 881 W. Outer Drive Oak Ridge, Tennessee 37830 Dr. Kenneth A. McCollom Administrative Judge Dean, Division of Engineering, Architecture and Technology Oklahoma State University Stillwater, Oklahoma 74078 Ret In the Matter of Texas Utilities Electric Company, et al (Comanche Peak Steam Electric Station, Unit: I and 2)

Docket Nos. 50-445-1 and 50-446-1

Dear Administrative Judges:

Further to my letter of May 29, 1985, in which we forwarded the report by Management Analysis Company (May 1978) regarding the quality assurance pro-gram of the Comanche Peak project, this will provide the Board with the results of Appilcants' evaluation of the failure to produce the report at an earlier time.

As we indicated in our May 29th letter, the report was found in the course of a search of inactive and closed corporate files in connection with a pending prudence audit being performed for TUEC. When the report was found, it was reviewed in the context of discovery requests in this proceeding in order to determine whether it was subject to discovery. We determined that the report was subject to discovery and current TUGCO management concurred in that view.

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y v Administrative Judges June 12,1985 Page Two At the direction of Mr. Spence, TUGCO President, I interviewed a number of company employees in order to determine why the report was not produced in 1980 in response to CASE's first discovery request. Those interviews indicated that the TUSI officer then responsible for licensing, Mr. Fikar, made the decision in 1980 that the report was proprietary and should not be produced. Mr. Fikar stated that it was his view that the report was prepared solely for a few members of company management and was confidential. Mr. Fikar further stated that he thus believed that his decision not to produce the report was justified. No advice of counsel was obtained at the time regarding the discoverability of the report.

The interviews also Indicated that a TUGCO officer, Mr. Clements, was aware of the report in 1980, even though he had not read the report. Mr. Clements assumed responsibility for QA/QC shortly after Mr. Fikar made the decision that the report should not be produced, was aware of the decision not to produce the report, but did not revisit that decision.

The interviews further ewaled that Mr. Chapman and Mr. Tolson were aware of the MAC report and were of the view that the report was within the scope of the discovery request but their views either were not known to, or were not shared by, Mr. Fikar.

Applicants believe that Mr. Fikar's decision was clearly an error in judgment and Mr. Fikar now recognizes the error. Applicants believe also that Mr.

Clements should have requested that the decision by Mr. Fikar be reconsidered.

None of these Individuals is presently involved in Applicants' nuclear organi-zation. Mr. Fikar has announced his retirement from the company. As of July 1, 1985, he will no longer be a part of TUGCO management. Mr. Clements has been reassigned to a position with a non-nuclear operating division of TUEC effective June 11,1985. As the Board is aware, Mr. Chapman was reassigned out of the nuclear organization several months ago, and Mr. Tolson left the company several months ago.

At Mr. Spence's direction, Applicants are taking steps to assure that no other such documents exist and to assure that a similar situation does not recur. While we believe that all other documents that are within the scope of discovery have been produced, we are again thoroughly reviewing company files and all discovery requests to assure that no others exist. We also will reiterate Applicants' obligations in this regard to those who have responsibility to provide information to the NRC and to the parties.

1 Respec ly submitted,

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Robert A. Wooldridge i Counsel for Applicants RAW /klw cc: Service List