ML20127K532

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Partially Withheld Memo Discussing Discrepancies Noted in Info Provided to NRC Re Allegation RIII-87-042 Involving Plant
ML20127K532
Person / Time
Site: Big Rock Point File:Consumers Energy icon.png
Issue date: 07/30/1987
From: Pirtle G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Berson B
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20127J714 List:
References
FOIA-92-252 NUDOCS 9301260149
Download: ML20127K532 (2)


Text

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JUL 3 01987 MEMORANDUM FOR: Bruce A. Berson, Regional Counsel THRU: -

James R. Creed, Chief, Safeguards Section l FROM: J Gary L. Pirtle, Physical Security inspector

SUBJECT:

5,Jt' TED IN INFCRMATION PROV10E0 TO THE NRC BY DISC EP MR. wSff,lE,EQJIN PEFERENCE TO ALLEGATIONS INVOLVIN P01 (DOCKET NO. 50-155; AMS R-ill-87-042)

The allegations provided by Mr.(t$$)and our preliminary findings in reference I te Big Rock Point were briefed to the Regional Administrator and several staff l rmbers on July 17, 1987. Mr.  % 9 was involved in verbal confrontations with supervisors on February 5-@6,1.87; wrote graffiti within the plant that was considered as threatening by the licensee on February 7,1987; made a i verbal threat against a aiece of plant egipent on February 6,1987 (threatened 1 to drill through valve disc); and was suspected by the licensee of tampering ';

with a safety-related valve on February 7,1987. Our investigation confirmed i all of the above incidents except tampering with a safety related valve. We j concluded that the valve w e fypered with by person or persons unknown between Februa ry 1-12, 1987. Mr. Gwi@also appears to have provided Q1se infomation j to the NRC during our investigation of his allegations. Mr. pfbijemployment has been terminated by the licensee, but the c?se is alleged y bettg appealed with a hearing scheduled for Septemtcr,15E7 (exact date unknown).

The Regional Administrator directed that several actions be initiated. I understand the actions to include:

a. Refer valve tampering portion of allegation to Region 11101, C. Weil and I have completed the referral which is now in the concurrence process.
b. Have management meeting with licensee to discuss management concerns noted during the allegation investigation. The management meeting is scheduled for August 6, 1987.
c. Prepare a draf t report and include you on concurrence. The initial draf t report was sent- for typing on July 28, 1987. The report will have to be revised to include the results of the management meeting.

You will be-provided a copy of the final draf t report.

d. Provide you witti infonnation pertaining to the false information-provided to the NRC by Mr. @,6 use in your possible memo @to OGCl)n This reference memorandum to histhat will address allegations

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Bruce A. Berson 2 Ji]L , ; g Mr.@$kappearstohaveprovidedtheNRCwithfalseormisleading information in three areas as described below;

a. 16, 1987, Paragraph 5 of g my'@

notes that Mr.(Qh deniesorandum to J.fiti writing graf Creed, in thedated April recirculation pump room. Paragraph 4 of my memor dum to J. Creed, dated April 27, 1987, shows that Mr. recanted his previous statement and admitted to writing graffa 1 wi in the plant on Febr ar 7,1987.

Additionally, on pages 72 and 73 of the transcript of Mr. JW interview, he also admits writing graffiti on two occasion's (copies of remorandums and transcript pages are enclosed).

b. On pages 71 and 72 of Mr.h#D'Minterview transcript, he denies naking any threat a ainst plant equipment. On pages 83 and 84 of the transcript, Mr.[j b recants his previous statement about threatening to damage a valve whe specifically confronted about a threat he was overheard making (documents enclosed),
c. Paragraph 11 of my,gemorandum to J. Creed, dated April 16, 1987, notes that Mr.Cf6$4f denies being su ect any disciplinary actions in.the past. Page 94 of Mr.' r ^crview transcript shows that he was given a letter of cipline for excessive time I do off the job not know the due to@f outcome o his grievance appeal,!h2fDg3Q(documents encl in the first pay aph on page 5 of my April 16, 1987 memorandum to J. Creed, 1advisedMr.73g that we were responding to his concerns based on the assurrption that the information he provided was complete and factual and asted him if he wanted to change, add, or delete any infomation he had provided so far. He declined to correct or clarify any infomation provided as of April 14, 1987. Page 4 of Mr.@}$9)) interview transcript contains a similar statement by me in reference to truthful and complete information (documents <

enclosed).

If you have any questions or require further information, please contact me.

Your copy of the draft report should be ready by August II, 1987.

%cu 3.bM-(fary L .DPirtle Physical Security inspector

Enclosures:

As stated cc w/ enclosures:

C. H. Weil

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MEMORANDUM FOR: Eugene T. Pawlik, Director, Office of Investigations Field Office, Region ill FROM: Charles H. Weil, Investigation ~and Compliance Specialist- l

SUBJECT:

ALLEGED VALVE TAMPERING AT BIG ROCK POINT j

-(50-155) (AMS NO. Rlli-87-A-0042)

On July 29, 1987 Region III forwarded a Eequest for Investigation concerning _  ;

a valve tampering incident at the Big Rock Point Plant. At^that time the investigation was requested,- Region 111 infonned the Office of Investigations that the Federal Bureau of Investigation (FBI) was considering the matter for:  ;

investigation. By rnemorandum, cated October 14', 1987, the-FBl_ informed the l NRC that the fel v.ould not invesiigate the matter (Enclosed).

Further, Region Ill _ contacted hifl!lCg?,;G7;h the Consumers Pc4 og ny's NRC Liaison for the Big Rock Point Plant, on October '19,1987. /

informed Region Ill Security' Inspect G. L.~ Pirtle, that the Consumers Power ,

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einha ' idvised that t w . ill' ave ~the'- _

% leger  % DM3'@DMP. In exchange. t e alleger's gmployne t- '!

schar(e will. t,ecome -permanent ind . ;e ' alleger will agree that hc 'atW R

%,dddf3fMMWACIJonsumers Power Company. On OctoDer 21, 1987,

. Guthrie, NPC- Senior Resident at Big = Rock Point,- advised that: Consumers Power.

Company informed'him the company and the alleger reached final agrcement and

,' the matter has been settled.

. 20, 1987, This matter was discussed with the- Rt.gional Administrator on October ~

F and it was determined the " normal

  • priority assigned to the matter on July 29, i- 1987 chould remain the same.

Charles H. Weil Investigation and Compliance Specialist J. Davidson's IMo:MM ia in ocsi ws debted :

Enclosure:

Nemo dtd _ 10/15/87 hr 2 c e cc : t, NM Mmtn-

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