ML20129D490
| ML20129D490 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/24/1996 |
| From: | Delcore D AFFILIATION NOT ASSIGNED |
| To: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| Shared Package | |
| ML20129D486 | List: |
| References | |
| NUDOCS 9610250047 | |
| Download: ML20129D490 (2) | |
Text
. _ _ _
.=
Dr. Shirely Ann Jackson Chairman U.S. Nuclear Regulatory Commission l
l Washington, D.C. 20555-00017
/
l Donald W. Del Core. Sr.
l 4 Driscoll Drhe Uncanille, CT. 06382-1808 August 24,1996
Dear Dr. Jackson:
4 I am in receipt of a letter dated August 9th.1996 from Mr. James Lieberman, your Director, Office of Enforcement. The letter was sent to The National Nuclear Safety Network, of which, I am a j
. founding member. Mr. Lieberman indicates the NRC does not have the resources to investigate all j.
allegmuons of wrongdoing associated with 10 CFR 30.7,50.7, and 70.7. He also addressed the use of a 1
priority system with regard to dealing with discrimination cases. He also pointed out that imestigations of allegations of disennunahon are complex, difficult and frequently time consuming. Additionally he also pointed out that only the Department of Labor has the authority to order reliefin discrimination cases.
1 i
Please allow me to address each of these issues, at least how they relate to NRC enforcement action at the l
Millstone Nuclear Power Station, and other Northeast Utilities facilities.
The NRC has at it's disposal many staff personnel in vanous geographical areas that at any given 1
time could be used to support inteniews and/or investigations into all allegations, not only those related to i
discrimination. Whilc they may not be trained imestigators, they certainly are able to determine right j
- from wrong. Most have the available engineering background and disciplines to deal with nuclear issues usually involved in disennunauon cases. An example is the use of resiew teams such as Mr. John Hannon's used recently to look into how whistleblower cases were handled by Millstone r -- ;== ; and the NRC. It is normal for the NRC to utilize it's people to assist in other dunes in a time of need. The NRC uses outside contractors to augment it's work force when necessary, this is cleariy a situation consistent with their use. An examp'c of their use at Millstone was the NRC using contractor help in deshng with the overwhelming volume of technical allegations being filed by allegers a few years ago.
The federal government has in the past used vanous agency r.M to solve a
.,,--y shortages of penple. IAck at the NTSB's use of Naval personnel in the recent TWA disaster. For Mr. Licherman to say the NRC does not have the resources is ridiculous, and borders on i=--
,--m We are all also aware that the licensee is reqmred to pay for costs incurred with it's operanon to the NRC, another good reason why resources are not an issue.
Anytune an issue of discrimination arises out of an allegation by a nuclear worker towards his supenision,====gement or co. workers it is a senous safety issue. The nuclear ineuny is a very senous le= nema It is L.L.
4 dangerous, awl pneratinity deady if misused. The NRC has publicly stated its' inability to look at all situations and has indicated it relies upon the licensees and it's employees to report dedicacacies. If the tarenare is not fostenng an open samaarhere towards concerns, the NRC must step l
right in and correct the problent i==aaneely. Assignment of pnontnes is not the solution. The reason we ime so many prnhieme sodiy at Matissane is Swanee of a ladc of erforceanent acnon, and attenbon to s
tL1e ccumplanets by your statT. Every camplaint raust be aggroservely and inneediately looked into to prevent a repeat cii keTenhie situsbon. An example, in 1988, the DOL found discrimemmenan to be involved in the cases of timee workers at Millstone Unit #2, OI reviewed the cases and agreed with the findings. Eight separate viassena== cccurred, three by the asse unit supensmenhas, one by a nuclear vice president, and the rest by department managers and Arst line supervisors. NO VIOLA *I1ONS OF 10 CPR -
l 50.7 WERE MADE BY THIS SAME DIRECTOR OF THE OFFICE OF ENPORCEMENT,MR. JAMES LIEBERMAN I will agree that these inveaugsbons are complex and time-consurmag. but the report was 9610250047 961015 PDR COMMS NRCC-CORRESPONDENCE PDR a
_m
... _ _. ~ ~ _ _ _ _ _. _ _ _._
e 4
e not was not released until March 17,1994, and it was done through the Region i Public Relations e
Department as a special media releasellt! Talk about meeting the requirements of Part IV of Hanchook 8.8 entitled " Management of Allegations "
l l
While I will be the first to agree that the DOL has the authonty to order relief, I believe that the
~
NRC also has that same power. When a pattern appears such as the one that appeared at Millstone in 1987,1988, and 1989 with regard to allegations of discrimination and retaliation, the NRC should have ordered a shutdown of all the units at Millstone. By keeping the plants shutdown pending a resolution of discrimination complaints, the complaints would have been sohed by the licensee, accountability by the licensce with regard to it's management would have been assured, the parties would hr been made j
i whole, and safety would have been presentd. If the NRC took the bull by the horn, it could have i
4 borrowed all the imestigators it wanted from the DOL, b.cause there would be no need for them.
j A good number of reviews have pointed out the shortcomings of your agency with regard to it's enforcement policies, and it's responsiveness to pmtecton of employees. The OlG has reported many l
serious shortcomings about your agency's' handling whistleblower complaints. 'The House and Senate Oversight Sub Committees hme voiced similar concern over the years, all to no avail. I recognize that is in the past, and you hase inchcated that it is not your responsibility. The current acuons of your i
managers however, are your responsibility, and so far we in the NNSN see very little change. Mr.
l Lieberman's position hasn't changed, and unless you make him change, I see the same problems surfacing l
someplace else. We're depending on you Dr. Jackson, please don't let us doum.
sincerely, f
3
. 4f
. r. d
/
1
_