ML20126K965
| ML20126K965 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 07/24/1985 |
| From: | Little B, Mark Miller, Treby S COMMONWEALTH EDISON CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), ROREM, B. |
| To: | |
| Shared Package | |
| ML20126K963 | List: |
| References | |
| NUDOCS 8507300535 | |
| Download: ML20126K965 (10) | |
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i UNITED STATES OF AMERICA I
o NUCLEAR REGULATORY COMMISSION l
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 15 JLt 29 Mi 50 In the Matter or
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OrFICE OF SEthtTAP l
COMMONWEALTH EDISON COMPANY
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00CMET*G A SERvlu.
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Dockets 50 456 DRANCH (Braidwood Nuclear Power
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50-457 I
Station,. Units 1 and 2)
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I JOINT STIPULATION OF QUALITY CONTROL (QC)
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INSPECTOR HARASSMENT CONTENTION i
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The parties below named, by their counsel, hereby stipulate i
and agree to the admission of a contention for litigation in this i
proceeding regarding claims of harassment and intimidation of Quality Control (QC) inspectors employed by the Braidwood site electrical contractor, the L.K. Comstock Engineering Company.
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Commonwealth Edison Company (Appileant) and the Nuclear Reguintory Commission Starr enter thin stipulation without waiv-ing any positions they have taken with renpect to the overall admissibility of the inte-filed quality annurance contention f
j previously admitted by the Licensing Board.
The partien ngree that n contention in the termo not forth below should be admitted for litigation together with the addi-l tional documentary materinin atttached an Exhibita to Inter-f venors' July 12 and July 15, 1985, rilings, which documents supply further spectric incidents and factuni banen for the f
t contention.
Thene documento nro incorporated in thin contention by reference as if fully not forth here.
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While the parties are in substantial agreement as to the text of the harassment contention, language not agreed to but proposed by one or another party is indicated as follows:
1.
text proposed by Intervenors but not agreed to by either Applicant or the NRC Staff is indicated by inclusion in brackets, [..... ];
2.
text proposed by Applicant but not agreed to by Intervenors is indicated by underlining, The parties are unable to agree to the adoption of a protective order as sought by Intervenors.
WiiEREFORE, the parties below named, by their counsel, do stipulate to the admission of the attached contention for litigation in this proceeeding.
DATE:
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Intervenors dget 1,1ttle NRC Staff Rorem, d M.
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- Commonwealth Edison Company 2
Contrary to Criterion I, " Organization" of 10 i
C.F.R. Part 50, Appendi x B, and 10 C.F.R. Section 50.7, commonwealth Edison Company and its electrical contractor, L.K. Comstock Engineering Company have failed to provide sufficient authority and organiza-tional freedom and independence from cost and sche-dule as opposed to safety considerations to permit the effective identification of and correction of quality and safety significant deficiencies.
Systematic and widespread harassment, intimidation, retallation and other discrimination has been direc-ted against Comstock QC inspectors and other employ-een who express safety and quality concerns by Comstock management.
Such misconduct discourages the identification and correction of deficiencies in safety related components and systems at the Braidwood Station.
Instances of haransment and intimidation include I
[at least the followingl:
1 1.
(At various timen nince at leant August 1984,) more than twenty five (25) Comstock QC inspectorn have complained to the NRC in March 1985 about harassment und intimidntion by Comstock super-visors.
Such harassment and intimidation has been carried out or participated in by QC Manager Irv DeWald, ( Assistant QC Mannger Larry Seese, QA Manager Bob Seltman) and QC Supervisor R.M. Sakalac.
Such haransment included widenprend prennure to approve deficient work, to sacrifice quality for production and cost constderations and to knowingly violate establiahed qun11ty procedures.
Harassment and retalintory treatment included threats of violence, verbal abuse, terminntion of employment, trannfer to undesirable jobs or work in arens where quality deficiencies could not be noted, usnignments to l
perform burdenname or menint "specini projects" and j
other adverse treatment.
Such dlncriminatory notion was taken beenune of the victim's expresnion of quality or safety concernn.
Former Level II QC l
inspector John D. Seedern han knowledge of thene widesprend inntnncen of harannment.
By letter of j
Augunt 17, 1984, Seeders complained to the NRC, Edinon and Comstock manngement regarding inntancen of harannment directed againnt him.
Subnequently, Mr.
l Seedern was involuntarily trannferred to the ponition of Engineering Clerk in retallation for hin exprennion of quality concernn.
Such nanignment wan l
Intended by Comntock to keep Mr. Seedern nwny from i
nonnitive work nrenn.
Although OC Supervinor R.M.
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Sakalac was finally terminated in 1985 for his mis-treatment of QC inspectors and other misconduct, the errects or his harassment remain uncorrected (and systematic harassment continues at Comstock to the present].
The existence or widespread harassment impugns the integrity and errectiveness or on-going corrective action programs designed only to address other widespread QA railures at Comstock.
[As stated in Mr. Seeder's arridavit, these Comstock OC inspec-tors are eager to cooperate with the licensing board in identifying and correcting the harassment problems at Comstock, but require board protection from retallation in order to provide testimony and docu-mentation of their harnssment.)
2.
Comstock management, including CC Manager Irv DeWald and Corporate OA Manager Bob Marino harassed, discriminated and retaliated against, and ultimately terminated Level III OC Inspector Worley O. Puckett because Mr. Puckett made numerous complaints about safety and quality deficiencies which he identified in the course of his duties at Braidwood.
Mr. Puckett was hired by Comstock in May 1984 in the newly created position of Level III OC Inspector whose duties included conducting a review of Comstock procedures, tests requirements for the more than 50 Level II QC Inspectors, review of the Level II's inspection work, and the resolution or inspection disputes.
Mr. Puckett was highly qualified with 20 years' nucienr Navy and nine years' nucienr power experience.
See, Renume, Exhibit B.
During the course of his employment with Comstock Mr. Puckett was shocked by the widenprend deficiencies in procedures, qualtrications and workmanship.
lie identirted numerous instances or improper construc-tion procedures, improper qualification of welders, and materint tracenbility deficiencies, lie ultimate-ly recommended a complete stop work order for all welding activity to permit errective corrective action.
See, Memos or Augunt 10 and August 17, 1984, E x h i b i t s T~iin d D.
Finally, he warned QC Mannger Irv DeWald that "we are approaching a complete breakdown in our OC i
l p ro g ra m."
August 22, 1984 Memo, Exhibit E.
Puckett was subjected to harannment and retallation because he rnined thene safety and qun11ty concerns and wan terminated on Augunt 27, 1984 by DeWnid on the pretext that he nhould havo ncored higher than his 86% on n quattriention tent.
Ito riled a complaint with the U.S. Department of Labor, niloging vlointion of the employee protection provintonn of the Energy 4
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Reorganization Act, 42 USC 5851.
Letter, September l
5, 1984, Exhibit F.
The U.S. Department of Labor l
Area Director sustained Mr. Puckett's complaint finding unlawful discrimination by Comstock against Puckett and ordered relief.
Notes of Decision, i
November 6, 1984, Exhibit G.
Mr. Puckett presented l
his case at a hearing before an Administrative Law Judge on Comstock's appeal.
See, Complainants' Pre-Hearing Exchange, Exhibit H.
Comstock settled Mr.
Puckett's claim before putting on its case.
The terms of settlement are subject to a non-disclosure agreement between Comstock and Mr. Puckett.
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REVISED Contrary to Criterion 1,
" Organization" of 10 C.F.R. Part 50, Appendix B, and 10 C.F.R. Sec ti on 50.7, Commonwelth Edison Company and its electrical 00t C r0 contractor, L.K. Comstock Engineering Company have US W failed to provide sufficient auth0M ty and organiza-tional freedom and independence from cost and rehe-dule as opposed to safety considerations to per nit
'85 JA 29 A11 :40 the effective identification of and correction of quality and safety significant deficienciet.
GrFICE OF SECRt. i An <
Systematic and widespread harassment, intimidation, 000ETiNG A SERVU retallation and other discrimination has been direc-BRANCH ted against Comstock QC inspectors and other employ-een who express safety and quality concerns by Comstock management.
Such m1sconduct djscourages the identification and correction of deficiencies in safety related compenerres and systems at ths Braidwood Station.
Instances of harassment aid intimidation i.nclude at Icast the following:
1.
At various times since at lerat August 19814, including in March 1985, more than twanty five (25)
Comstock QC inspectora have complained to the NRC about hara v. ment and intimidation by Comstock super-visors.
Sprin harassmc.ic an 1 intimidation has been carried out or participated in Yy QC Manager Irv DeWald, Assistant QC Maneder 1.?rry Seese, QA Manager Bob Seltman and QC.hpervisor li.M. Sakalac.
Such harassment, inclucrj widespread pressure t) approve tericient work, to sacrifice quality for produc t ic.; n'id cose consideratinns and to knowingly violate Mt,atliched quallt.' precedures.
Harassment and retallatory triat r.ent.lociuded threats of violence, verbal abuse, o n r i nation )r employment, transfer to undesirable jobt., or work Ir. areas where quality deficiencier, cou*d not be rated, assignments to perform burdensene or mental "special projects" and other adierse tecatment.
Such discriminatory action was taken because of the victAn's expression of quality or safety concerns.
Former Level II 07 inspector John D. Seedera har knowledge of these widespread instances of harassmt.nt.
By letter of August 17, 19814, Seeders complained to the NRC.
Edison and Comstock management regarding instances of harassment directed against him.
Subsequent 1/, M r.
Seeders wa9 involuntarily transferred to the racition of Eagineering Clerk in retallation for his expression of quality concerns.
Such assignment was intendad by Comstock to keep Mr. Seeders away from sensitive wcrk areas.
f1though QC Superviuor R.M.
.1
a Sakalac was finally terminated in 1985 for his mis-treatment of QC inspectors and other misconduct, the effects of his harassment remain uncorrected and systematic harassment continues at Comstock to the present.
The existence of widespread harassment impugns the integrity and effectiveness of on-going corrective action programs designed only to address other widespread QA failures at Comstock.
2.
Comstock management, including QC Manager Irv DeWald and Corporate QA Manager Bob Marino harassed, discriminated and retaliated against, and ultimately terminated Level III QC Inspector Worley O. Puckett because Mr. Puckett made numerous complaints about safety and quality deficiencies which he identified in the course of his duties at Braidwood.
Mr. Puckett was hired by Comstock in May 1984 in the newly created position of Level III QC Inspector whose duties included conducting a review of Comstock procedures, tests requirements for the more than 50 Level II QC Inspectors, review of the Level II's inspection work, and the resolution of inspection disputes.
Mr. Puckett was highly qualified with 20 years' nuclear Navy and nine years' nuclear power experience.
See, Resume, Exhibit B.
During the course of his employment with Comstock Mr. Puckett was shocked by the widespread deficiencies in procedures, qualifications and workmanship.
He identified numerous instances of improper construc-tion procedures, improper qualification of welders, and material traceability deficiencies.
He ultimate-ly recommended a complete stop work order for all welding activity to permit effective corrective action.
See, Memos of August 10 and August 17, 1984, Exhibits C and D.
Finally, he warned QC Manager Irv DeWald that "we are approaching a complete breakdown in our QC program."
August 22, 1984 Memo, Exhibit E.
Puckett was subjected to harassment and retaliation because he raised these safety and quality concerns and was terminated on August 27, 1984 by DeWald on the pretext that he should have scored higher than his 865 on a qualtrication test.
He flied a complaint with the U.S. Department of Labor, alleging violation of the employee protection provisions of the Energy Reorganization Act, 42 USC 5851.
Letter, September 5,
1984, Exhibit F.
The U.S. Department of Labor Area Director sustained Mr. Puckett's complaint finding unlawful discrimination by CoEstock against 4
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Puckett and ordered relief.
Notes of Decision,
'7 November 6, 1984, Exhibit G.
Mr. Puckett presented his case at a hearing before an Administrative Law
o Judge. on Comstock's appeal.
See, Complainants' Pre-Hearing Exchange, Exhibit H.
Comstock settled Mr.
Puckett's claim before putting on its case.
The terms of settlement are subject to a non-disclosure agreement between Comstock and Mr. Puckett.
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7/24/85 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Secx'Ugo USMC BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
'85 df. 29 x1 g3 In the Matter of
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' C[I $$dcjlER OF SEcaiw s
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COMMONWEALTH EDISON COMPANY
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Docket No. 50 456
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50 457 (Braidwood Nuclear Power
)
Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that I have served copies of the Joint Stipulation of Quality Control (QC) Inspector Harassment Contention on all parties to this proceeding as listed on the attached Service List, by having said copies placed in envelopes, properly addressed and postaged (first class), and deposited in the U.S. mail at 109 North
Dearborn,
Chicago, 60602, this 24th day of July,1985 f
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BRAIDWOOD SERVICE LIST 50-456/50-457 OL Lawrence Brenner, Esq.
Elaine Chan, Esq.
Chairman and Administrative Judge NRC Staff Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington D.C.
20555 7335 Old Georgetown Road Bethesda, MD 20014 Dr. A. Dixon Callihan Administrative Judge Joseph Gallo, Esq.
102 Oak Lane Isham, Lincoln & Beale Oak Ridge, TN 37830 suite 840 1120 Connecticut Avenue N.W.
Dr. Richard F. Cole Washington D.C.
20036 Administrative Judge Atomic Safety and Licensing Board Docketing & Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington D.C.
20555 U.S. Nuclear Regulatory Commission Rebecca J. Lauer, Esq.
Washington D.C.
20555 Isham, Lincoln & Beale Three First National Plaza Atomic Safety and Licensing Chicago, IL 60602 Board Panel U.S. Nuclear Regulatory Ms. Bridget Little Rorem Commission 117 North Linden Street Washington D.C.
20555 Essex, IL 60935 Atomic Safety and Licensing C. Allen Bock, Esq.
Appeal Board Panel P.O. Box 342 U.S. Nuclear Regulatory Urbana, IL 61801 Commission Washington D.C.
20555 Thomas J. Gordon, Esq.
Waller, Evans & Gordon Michael I. Miller, Esq.
2503 South Neil Isham, Lincoln & Beale Champaign, IL 61820 Three First National Plaza Chicago, IL 60602 Lorraine Creek Route 1, Box 182 Manteno, IL 60950 Region III U.S. Nuclear Regulatory Commission Office of Inspection & Enforcement 799 Roosevelt Road Glen Ellyn, IL 60137 L