ML20128H472
| ML20128H472 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 02/27/1984 |
| From: | Markey E HOUSE OF REP. |
| To: | Palladino N NRC COMMISSION (OCM) |
| Shared Package | |
| ML20128H415 | List: |
| References | |
| FOIA-84-658 840727, NUDOCS 8505300522 | |
| Download: ML20128H472 (3) | |
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.epersmanM m swe"neet July 27,1984 Roe ma Rehm Stello OcYoung Denton
- JiPe-illy rne lionorable Nunzio J. Palladino GCunningham wairman
'EDO R/F v.sf Nudlear Regulatory Commis sion~
-~ T 17 H 5treet, N.*d.
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Cha i rm an i e
.I am writing this letter as a member of the Energy and ggnvironment Subco=mittee.
Pro a-
' t-I have reviewed with interest and concern the of fice of$ "
inles'tigation's (01) March 5,1984 report, " Grand Gulf Nuclear
~Eever' P). ant:
Possible Deliberate and illful Material False
~~st'agements Regarding RO and SRO Li'canse Examination g piteations" (Case No. 2-83-037).-
'I kould like to bring an aspect of this report to the
-fBroission's attention.
My concern involves whe:her officials
, eE the Nuclear Regulatory. Commission's (NRC) Region II office act.ed properly in handling this case.
There are two questions 9
--f potential concern.
First, did Region II officials
_. _unnaces;sarily and/or inappropriately share infornation with 7:ha licensee?
And second, did 3egion 11 officials authorize a
=- :. :e. turn to operations, and/or alloy centinued operation,
._._ subsequent to learning that the qua.lifications of Grand Gulf rea. tor operators. vere probably falsified and tha operators votentially unqualified?
,:. Co.Y.cerning "the first appear s ' to indicat's that Region II ofguestion, the 01 report
.icials ' informed the licensee that
__dfec' rep'ancies in reactor operator : qualification cards could
consittute a material false statement prior to Region II's October 18,1983 formal request for an 01 investigation.
T ZX1though the O! report indicates that Region II officist s P23rently began to view the situation as a possible usterial
.Qalse s.tata=ent betueen January 1983 and August 1983, this
.n-formation was shared with the licensee both in August 1983
- g. g nd at.a Septesber 23, 1983 meeting, and the plant was
,,.,Jerhitted to return. to power on september 25, 1983, prior to ce uesting the 01 investigation or otherwise resolving thia q
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' s'igiRNeantly, the 01 report reveals that by eharing this 2,_._.
- clusion,-that discrepancies in the qualification cards were
-.. _.eiDE regarded as po ss ible mat erial' f als a stat em ents--with the
-- Neens ee at a September'23, 1983 mee ting, Regien 11 caused a vica-President of the Mississippi. Power and Light (MP&L)
Cispany to subsequently refuse to provide a letter addre.asing to that meeting Vith the
_-his' issue to IGC that was brought r
it wculd
_nention of being provided to the agency.
- ience,lusions of
.% ear that by sharing suspicions or possible conc Jetentially cri:ninal conduct with the licensee, company
- -ficials at that time refused to turn over infor :ation and
.p}ssible: avidence to NRC. y
'.These circumstances are remini' scent of another case in s m -u m w n-'.^.ich the U. S. Dopar tzent of Justice (DO.7) criticized NRC for
" ~~
'!EE"Embinishing the chances for success ~ful prosecution.
In a farch 7, 1980 letter to NBC, DOJ vrote the following harsh
._..._. werds which appear appropos in this, case:
... gratuitous and apologeti.c concessions and
~
admissions, ano gratuitous disclosures of G :: :-
evidence and theories prior to the co=pletion
./
'of an investigation, could deservedly or undeservedly suggest a basic confusion as to w -
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who the respective clients are.
The clients, of course, are the public-'the millions of persons who cannot af ferd to retain lawyet s e.nd
~
.r l a.7 fir:s to represent them before the 5?.C and who have no other persons to protect their interests.
2 Second, I am troubled by the ensuing course of events by which P.PfrL was allowed to restare Grand Gulf en Septe:ber 25, hv8'3 and operate through November 8, 1983.
According to tha
.Nhronology of Licensing Activities" provided to se by the
%: mission. lew power testing was completed during this tim e p ri~od.* However,.by August, 1963,.and certainly no later than di liiieptemb er 23 - 30, 1963, Region II was aware of the erroneous
' Merhtor training records and had reason to suspect the
~ ~~ 4petence of Grand Gulf's reactor : operators.
Region II's
-- W t a b e r. 18, 1984 Request for Investigative Assistance states 7~~~'thit. thi.s case is one th a t "... involv es the submittal of false information to the NRC on a subj ect that could bo material to
-- _-- @e 'grarit int, o f lic en s e s to operators."
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o-Nun zio J. F al-lad ino Jply-
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-M:. Indeed, a Decemb er 28, 1983 ne orandum frc:: Executive
" ""Mr.accor for Opera. cions k'illiam J. Dircks to.Co==issioner
- Tor Gilinsky reveals that had NRC known that the operator
- - - ruining' records had been falsified, : hat no't only v:>uld the se the low power license
---.prators not have been licensed, but, Self would not have been issued.
The Co==is s ien 's regula-tiens at 10 CFR 5 50.100 and section 186 of the Atomic Energy
__.... tact, as a= ended, would allow suspension or revocation of a 2 - 2:;ense for this type of material false statement.
It is therefore difficult to understand how Region II officials m aid have, in good conscience and in co:spliance with the e
1.
w mission regulations and the law, allowed Crand Gulf to 3
lyerate subsequent to deter =ining that the adequacy of
__.,,., Jerator training was at best unknown, and quite po s sibly,
...ad e qua t e.
To be sure, fcur reactor operators (including two 6nior Reae cr Operators) had to be removed from active duty at Grand Gulf in November 1983.
Nevertheles s,. the plant vs.s miloved to continue operaticas and a Confir=ation of Action
_, y tter on this subject,was not sent by Region II until acember 5, 1983.
I expect the commission to conduct a thorough u.vestigation of these events and determine whet'.er Region II
-- -- ect'ed appropriately and within NRC procedures and tegula-ons.
..I woul d slie appreciate a full and detailed re sponse 74 the ir. sues and concerns discuscod above.
utimiiimistm
"- 'if the Cni.= t s sion believes that this letter should not be
- ide'public, please contact me wt:hin ten days wi th a wr i t t en
.aplanation for why the public interest would be better served
~~
5 maintaining this letter's confid entiality.
Tnank you for your attention to this catter.
Sincerely,
= = : 3
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Member of Con e
is M
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h TJM/s~ru T'=W. '
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N.
The y.onorable Morris K. Udall
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