ML20129A789
| ML20129A789 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/01/1984 |
| From: | Messenger G NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Asselstine, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20129A429 | List:
|
| References | |
| FOIA-84-475, FOIA-84-745 NUDOCS 8506040734 | |
| Download: ML20129A789 (1) | |
Text
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August 1, 1984 MEMORANDUM FOR: Chairman Palladino Comissioner Roberts Comissioner Asselstine Comissioner Bernthal
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Connissioner Zech cq,' 'C-:.,.,'>
FROM:
George H. Messenger, Acting Director
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Office of Inspector and Auditor
SUBJECT:
DEVINE LETTER OF JULY 25, 1984, RE: DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2 On July 30, 1984, the Comission provided this office with a copy of the July 25, 1984 letter of Thomas Devine, Government Accountability Project (GAP), wherein he made various derogatory coments about the handling of the Diablo Canyon investigation (Attachment A).
The Office of Inspector and Auditor transmitted its Report of Investigation to the Comission under separate cover on August 1,1984. Attached are Ronald M.
Smith's coments in answer to the letter (Attachment B).
Attachments:
As Stated cc: H. Plaine, 0GC, w/att Distribution:
OIA Subject OIA Reading 8506040734 841211 be-PDR FOIA DEVINE84-745 PDR p
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ac roa= ais iio.aoiwacu o2do OFFICIAL RECORD COPY
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GOVERNMENT ACCOUNIABILITY PROJECT Institute for Policy Studies
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(202)234 9382 1901 Oue Street. N.W.. Washington. D.C. 20009 o
July 25, 1984
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- iunzio J. Palladino, Chairman Thomas Roberts, Commissioner E W.. :
James Asselstine, Comissioner Frederick Bernthal, Comissioner Lando Zech, Commissioner 1717 H Street,l1.U.
Washington. 0.C.
20555 P.e:
diablo Canyon ihclear Power Plant, Units 1 and 2 Docket. lumbers 50-275 and 50-323
Dear Comissioners:
On oehalf of the San Luis Obispe, California iiothers for Peace
(.lothers), this letter is to withdraw the Diablo Canyon allegations against tae.luclear Regulatory Comission (!!RC) staff, summarized in my Report of In-terview with Office of Inspector and Auditor (UIA) attorney Ronald Smith.
The reason for this action is simple:
The Mothers don't cooperate with coverups.
It has become painfully obvious that the methodology for the investigation is designed to predetermine the results. The basis for this disappointing assessment is as follows:
- 1) fir. Smith informed me that his only concern is whether any staff misrepresentations on Diablo Canyon were intentional. That reduces
'his effort to an exercise of finger-pointing, at best. The point of the allegations is that the system broke down; the staff presented a materially inaccurate, incomplete record to the Comission in the weeks prior to a licensing vote.
It is of little solace to the residents potentially endangered by the plant, if the evidence was suppressed merely due to in-competence ratner than to criminal intent.
- 2) Mr. Smith explained that the allegations are vague and imprecise.
That is curious, since he drafted them during approximately a ten hour interview, in which he either did not record the details or relegated them to "cackground" status.
Even more curiously, he refused to speak with the whistleblowers wito have first hand knowledge. They could have helped to provide tne unidentified, further datails he claims to lack, if he had let them.
3) tir. Smitn has accepted tne staff's predictable denials of wrong-doing at face value. He further informed me that the staff's denials are sufficient grounds to dismiss all allegations as unfounded. The problem is that-in at least some cases the staff's denials constitute further false statements.
For example, the staff took credit for interviews with whistleblouers who have never met the staff.
Unfortunately, Mr. Smith A P2.
WiriW'7 Attachment A c.om
informed me that the staff's answers are entitled to a " presumption of regularity."
In practice, that means he will not receive evidence of irregularity from eyewitnesses. His conclusions will be whatever the staff nad told him.
- 4) Mr. Smith reassured me that if the staff's answers are false, at least they will be pinned down and GAP can "really get them" in the next DIA investigation. The problem is that by then the system will have failed; a major licensing decision will have been made on the basis of material false statements from the staff. Neither the Mothers nor GAP are interested in "getting them next time"; we are not trying to write a book about the Diablo Canyon coverup.
We want an accurate reco'd before the r
Connission votes on the connercial license. DIA has missed the point.
Ftr. Smith complained that the Mothers want an " inquisition." That is incorrect; the 11others only want an investigation. OIA will not talk to the complaining witnesses. As a result, 0IA has failed the minimum standards for any government investigation.
'Anat happened with OIA at Diablo Canyon is the same phenomenon that occurred after tne Three ilile Island cleanup debacle.
It also ' explains why tne scandals at the rlRC keep recurring -- there is no legitimate system of checks and ' alances at this agency. Obviously the public cannot stop the u
Commission from assigning its internal watchdog to defend the staff, instead of to investigate it.
But there should be no pretense that this is occurring at the request of the public. This is the opposite of what the Mothers requested in their petition.
Sincerely, i
Thomas Devine i
Counsel, Mothers for Peace 1
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