ML20128H496

Discusses NRC Recommendation Contained in SECY-84-209 Re Matl False Statements Involving Operator Training & Licensing.Discrepancies Between SECY-84-209 & Ofc of Investigations Rept Noted

ML20128H496
Person / Time
Site:	Grand Gulf
Issue date:	07/30/1984
From:	Markey E HOUSE OF REP.
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20128H415	List: IA-84-658, Notes That Util Aware of Tech Spec Errors as of 820816. Errors Documented in Plant Quality Deficiency Repts ML20128H410 ML20128H432 ML20128H460 ML20128H472 ML20128H496 ML20128H508
References
FOIA-84-658 NUDOCS 8505300526
Download: ML20128H496 (4)

Text

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u July 30[1984 h (=) h [

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j M he Honorable Nunzio J. Palladino cnairman

ES. Nuclear Regulatory Commission

- **17 K Street, N.W.

%....shington, D.C. 20555 L.JearMr. Chairman:

-4 1 am vriting this letter as a member of the Energy and

-r-nviron= ent Subco=mittee.

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I am troubled by the Nuclear Regulatory Commission (NRC) w;;a f'. r e c c:m end ation in SECY-84-209, relating to the Of fice of M -Inve.stigation (01) report en possible willful ':aterial false MEB[cate:ents involving the Grand Gulf Nuclear Station (o1 Report

- :so. 2-83-037).

M U.e staff reccmmendation, which I understand the Cocciss on

~.P-.' L e s a f f i r m e d, is that a Severity Level 11 violation and a civil

~6-nalty thculd be imposed on the Mississippi Power and Light v.-

.P&L) Co=pany for the sub=ittal of 46 materially f alse cperator '~-

cense applications.

The staff concludes:

Since the submittal of false informition does

~~

not appear to have been made by MP&L officials with tne intent *o mislead the b7C, clas sifica-W

' tion as Severity Level I violations does net seum appropriate.

==

' pie statement, however, appears to be undercet by the previ-

"s paragraph in the staff recocuandation from which it could' de inferred that there had been an intent to mislead the NRC.

Nis paragraph states :

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'(T]he axistance of discrepancies in the applications was identified by MP&L employees E

and brought to the MP&L Superintendent of

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Training s setention as early as June 19E2.

m Yet, appropriate action to correct the false information that had been submitt:ed was not g

taken, W

' 8505300526 841102 PDR FDIA BELL 84-658 PDR m=

no o Nunsio J. F oil Ad ino arrurr e li isincN_o action pas taken by MP&L to inform NRC of f alse

.T ~ r Ji tements of which HP&L of ficials had knowledge, this failure

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m 16 form the NRC could reasonably be construed as a viilful awa.eesteital false statement by virtue of omission.

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!The NRC staf f, by limiting the scope of their recommen.

""""35 tion to cover only the criginal " submittal of f mise

& Wohnation," appears to ignore significant inves ti r, ativ e

=:r:nndings included in the 01 report and/or its appendices.

In

=====seFing s o, th e staff has presented the Commis sion with an incomplete picture.

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isince the difference between. Severity Level'I and

~~ '" ~ p' s ts solely on. verity Level II violations for material f also statetents the degree of deliberatenes s, and because this

+* sue is tasterial to the outstanding question of managenent tegrity, I want to call Your attention to as acts o. this se which appear to indicate a degree of deli erateness on

=~ --"-aha p ar t of MP&L.

While I have =ade' no independent inquiry to Utablish the accursey of these charges, I have found that

• • • W this infertation was excluded from the s taff recommendation Nd is not fully r e fl e c t e d in the Sur.m ary o f th e OI r e por t..

' Ne f ailure to include a complete factual and investigative

• 1 --

ekRround en such an important question would appear to iaise

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estions about. the obj ectivity and fairnass of the NRC staff, Onich the Commission has already criticized r.s being "exces.

" T:valy inforu:al" in its relations with MP&L.

The follo0ing i-s-

.-Aased on information and allegations included in the OI report

= d its appendices:

2

--0.e MP&L ecoloyee verball inforced MP&L

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of ficials in 1982 of the iscrepancies in the qualification cards (qCs), including undocumented training and training credited but not actually received.

According to the OI report, this employcs alleged tha :: MP&L "dernpla concerns and

" willfully pocrastinated"yed" his in corree:Ing the E 2.'E deficiencie This e=ployee stated he decided to Ehuimiits resign from the conpany rather e.han work under

" undesirable" conditions.

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This 'would appear to be a posaible willful and

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material omission.

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--The MP&L Training Supervisor reportedly informed g

the MPE~ Training Superintendent o f the discrep-ancies in March 1962.

According to the Training yngssage Supervisor, the Training Superintendent verned him against informing NRC in March 1983 that some

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sisiiEi=iiik h

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' M Non 1.a Nunzio J. Palladino 33:ts:iEE,y i 30 K

f' g e*Th I

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applicants were never issued and/or never

==E Igug5EWW completed their qualification cards, even though N

their applications indicated that they had.

The Z'I Training Supervisor stated that he subsequently did not volunteer any information to NRC because he "...wa s fearful 'of losing his j ob."

~

This would appear to be a.possible willful and material emission.

i--During a 7ebruary 1983 inspection, the licensee l

told NRC that discrepancies concetning operator 1

naw.as m i

training records was a problen of missing docu=entation rather. than a. failure of appli.

cants to complete the qualification cards.

It was repercedly for this reason that Region II

. 7 ';

failed to respond aggressively to this issue at first.

According to the OI report, the' Region-11 Section Chief indicated' that "the licensee m

informed (NRC) staff. members that the QCs had em:- - r E been completed by initial applicants but that they had not been turned in for credit or they had been turned in but not recordad in the M

applicant's training files."

M; l

Z Since these statements were made subsecuent to I

licensee knowledge of tihe falsified training I

me; records, they are potentially villful material

_MJ-2 false statements.

--of ficials of quadrex alleged that they partici-

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paced in a rushed and inadequate training of N

i operators because they felt pressured and cearced by the licensee.

On at least t,vo occa,

. sions, Quadrex employees protested and presenced to MP&L officials but were told to i

concerns

.I complace the qualification cards "...regardless T -- -~:

of what it takes" by an MP&L training official, i

and teld to meet the expedited schedule "or

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N-elset' by the MP&L Plant Manager.

Further, during an Auguet 12, 1983 meeting with M?&L,

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II agreed to move un operator examina; Region

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p tions by postponing exams 'for another licensee.

-m Region II apparently agreed to advance the exan date to facilitate the planned operation of

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crand Culf, and 1 cause, "MP&L vould complete

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their training ii an acceptable canner..." prior N-to the exam.

According to one NRC investigator:

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-=---=de. Hon ble Nunzio J. Palladino r..rc nly 3-

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"It now appears that the training was so rushed

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that i'c' could not have been adequate."

The Quadrex officials described the training as a " joke" and a N"

passed NRC's examination,gh some of these operators complete farce."

Althou a

some were subsequently found to be unqualified and re:noved from active M.

d.uty at the plant.

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i These events would appeaE to constitute conduct "W:

intended to deceive. the NRC.

The statement by the licensee that operators would be adequately trained could also have been a villful material f a.lse statement since MP&L may have known, or should have p

known, that operacor training was inad equa.t e.

E" Ej )Iftheabovewere true. a reasonable person could f airly

- -- - ~nclude that MP&L has acted deliberately to deceive the RRC.

1y, I think it essential that the Commis sion 'bcri:h

-ecrrdint,he bas is of the staf f's con'clus ior.--that M?&L did not i

axpTain t

~ cahd to cislead the NRC--and explain its own rationale for l

--= egre'eing with this recommendation.

Additionally..I expect en j

""""""f;pl.anation for why the above allegations were not deemed to i

intended to mislead the NRC and why they nstitute behaviot M..

• rg 'not reported to the Commission in SECY-84-209.

is

Along with any full power licensing decision that the

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iission cay nke, I expect an 1:rmediate explanation of the nner in which the above mentioned allegations were Nnaidered and reconciled.

-ke= w - e As this letter concerns a confidential OI report. this

'-" ~ ~~'

Ettier will be held in strict con fid ence and will not be

._.._, f:1 cia s ed to the public unless and until such time as the Q::iission decides to release the OI report.

Sincerely,

--.. r;

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Edward J. P. ark y Mecher of Congr s

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____**M/sru F"!"Wh: ; The Honorable Morris X. Udall.

2537.E1

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