ML20129H231
| ML20129H231 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/04/1985 |
| From: | Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bloch P, Grossman H, Jordan W Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-309 OL, NUDOCS 8506070521 | |
| Download: ML20129H231 (7) | |
Text
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NUCLEAR RE U TORY COMMISS;ON i
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- j WASHINGTON. D. C. 20065
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t June 4, 1985 i
00CKETED USHRC Peter B.'Bloch, Esq., Chairman Herbert Grossman, Alternate Chairman Administrative Judge Administrative Judge
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~ _f g) ST Atomic Safety and Licensing Board Atomic Safety and Licensing 56ar U.S. Nuclear Regulatory Commission U.S Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 gFF SjCFIg E
BRM Dr. Walter H. Jordan Administrative Judge
-881 W.-Outer Drive Oak Ridge, TN 37830 In the Matter of Texas Utilities Generating Electric, et al.
(ComanchePeak.SteamElectricStation, Uni { stand 2)
Docket Nos. 50-445 and 50-4460
Dear Administrative Judges:
On June 3,1985,'a telephone conference was held among Administrative Judges Bloch and Grossman and counsel for the parties in this docket to discuss CASE's." Request for Immediate Order Directing Staff To Preserve Documents" dated May 31, 1985. Also participating in the telephone
.i conference were Joseph M. Felton, Director of the Commission's Division of Rules _and Records in the Office of Administration and Edward Shomaker,-
Senior Information Law Attorney in the Office of the Executive Legal Director. During the conference, Messers. Felton cnd Shomaker agreed
.to gather certain information in order to be able to prepare a partial response to a Freedom of Information Act (FOIA) request filed with the
)
NRC by Billie Garde of the Government Accountability Project seeking i
a moranda generated and received by Mr. Victor Stello, Assistant to the Executive Director of Operations, relevant to Comanche Peak. Enclosed is a copy of the letter to Ms. Garde from Mr. Felton dated June 4, 1985 containing the NRC's partial response-to Ms. Garde's FOIA request.
A discussion occurred during the telephone conference relative to a press conference Mr. Stello alleged held while he was in Texas during the period May 20-22, 1985, which purportedly was the subject of articles in
' Texas newspaper.
I indicated I would look into this matter and report to the Board.
I contacted Mr..Clyde Wisner, the public affairs officer
'in Region IV and requested that he. send me ail newspaper articles for
'the week of May 20-24, 1985.
-.I inquired what information he had regarding a press conference Mr. Stello may have held. He advised me that Mr. Stello 3P' pu smllg 9
- i.,
and Mr. William Dircks, Executive Director for Operations were in Texas for the quarterly meeting of Headquarter management and regional admini-strators which is held on a rotating basis among the five NRC regional offices. On May 20, 1985, Messers. Dircks and Stello toured the Comanche Peak site. The Region IV Public Affairs Office received a request from a newspaper reporter that Messers. Dircks and Stello give him an inter-view. Mr. Wisner made arrangements for Messers. Dircks and Stello to be available during the luncheon recess of the quarterly meeting to meet with the reporter and two other newspaper reporters. Mr. Wisner believes that Messers. Denton, Director of Nuclear Reactor Regulation and Martin, Regional Administrator for Region IV also attended. The only newspaper article which Mr. Wisner has knowledge of which resulted from this session was one by David Real on May 22, 1985, in the Dallas Morning News.
(Copy attached). Later in the week, Mr. Denton toured the site and spoke with newspaper reporters. The only newspaper articles which Mr. Wisner has knowledge of which resulted from Mr. Denton's discussions with the press are articles on May 24, 1985, by David Real in the Dallas Morning ).
(Copies attached News and by Paul Long in the Fort Worth Star-Telegram.
I have not found any statements attributed to Mr. Stello in any of the articles.
Sincere y, cAYW Stuart A. Treby Assistant Chief aring Counsel
Enclosures:
As stated cc w/encls.:
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JUN 041985 Ms. Billie Pirner Garde Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO FOIA-85-351
Dear Ms. Garde:
This is a partial response to your Freedom of Information Act request of May 13, 1985 which was received by my office on May 16, 1985.
In that request you asked for any and all agency records " relevant to and/or generated in connection with all communications generated or received by Victor Stello regarding the Comanche Peak nuclear power plant, including internal correspondence."
We have personally met with Mr. Stello and have learned that with the possible exception of a telephone log and an appointment calendar--items which are now undergoing a review to determine if they are agency records--Mr. Stello has not previously maintained, and does not currently maintain, a Comanche Peak file.
Mr. Stello explained that he is not directly in the decision-making chain of command for Comanche Peak and, therefore, as documents or memoranda come across his desk, he has noted the documents, perhaps discussed them with the NRC staff, and then discarded the documents. Accordingly, with the pos-sible exception of the telephone log and appointment calendar, Mr. Stello has no documents subject to your request. The NRC also believes that its re-quirements for maintaining decisional' documents are being adequately followed by maintaining the record copy of documents in central files or in offices more directly involved with the licensing of Comanche Peak.
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On another point, Mr. Stello was very concerned about the tone of the Motion to Preserve Documents recently filed in the Comanche Peak proceeding.
He asked that this respcise particularly express that he has never destroyed any documents after receiving an FOIA request.
Mr. Stello explained that hur.creds of paces of documentation cross his desk each week and that he can only retain copies of documents about matters that he is either directly responsible for or working directly with at a given time. Accordingly, if a
'equest does not arrive during that window of time when a document is on his desk awaiting review, then the document will be discarded and any subsequent FOIA request will result in a "no document" response.
,,e
O Ms. Garde Lastly, Mr. Shomaker from the Office of the Executive Legal Director, met with Mr. Stello after our ccnference phone call on June 3,1985, and asked Mr. Stello whether he had received Comanche Peak documents in the past which were addressed to Mr. Stello alone, or whether he was just one of several persons on distribu-tion. Mr. Stello replied that he does not recall ever having received Comanche Peak documents addressed exclusively to him in his present position, nor does he recall ever having prepared such documents.
Si e
y,
.. Felton, Director Divisionlof Rules and Records Office of Administration
26 A clrEhliseittuninsFrhis wednesday, May 22,1985 i
$ase tests nuclear agency's credibility Official says Comanche Peak hearings put commission!'on trial' i
B9. David Real of disruption in the agency."
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,,We have concentrated as much techn, cal, legal, lie said the NRCs painstaking i
ARLINGTON - The credibility jtidgmental talent as we have in the agency on this Preparation also is an attempt to re-of Ihe Nuclear Regulatory Commis-coup some of the agency's credibil-sich and its ability to protect the thing (Cotnanche Peak case).s,
,, ivy - damaged during some "very puhlic's' health and safety is "on
- William Dir'cks, overthelastthreeyears.
tumuituous" incensing hearings trial"in the licensing case for the Comanche Peak nuclear power NRC exectative d.irector for operat. ions
-we didu t have ati the answers when we should have had the an-B 0 ability for N-plants.
1D necessary to tackle Comanche put out a piece of work that will swers in these hearings," Dircks plaitt,the national head of the NRC Peak'slicensing problems.
stand on its own two feet."
said. "We were dealing with things staftsaidTuesday.
"We have concentrated as much Dircks and other top-ranking in a piecemeal way. That does not William Dircks,the NRC's execu. technical, legal, judgmental talent NRC staff members - meeting this instill confidence on the part of the tive' director for operations, said an as we have in the agency on this week in the agency's Region IV'publicin thisagency."
int'nsive investigative effort -
thing." Dircks said. "!n this case, we headquarters in Arlington - must liarold Denton, the NRC's direc-e whjeh. has disrupted the normal felt that the agency was being put determine whether the NRCshould tor of nuclear reactor regulation, workings of the NRC - has been on trial,in effect,and we do want to support Comanche Peak in its appli-said he knew of no reason why the I
cation to a federal licensing board technicalproblemsat the plant can-w __
for an operating license.
not be resolved.
Dircks said the agency's unusual Denton said he was encouraged effort was prompted in part by the that Texas Utilities has brought in
" extreme amount of controversy" experienced senior managers who generated by Comanche Peak in have successfully operated other Texas and Washington.
nuclear plants.
Some of the plant's licensing Texas Utilities Generating Co.
problems will be examined as part announced earlier this month that of a special AllC News " Closeup" It was abandoning its $4.56 billion documentary on nuclear technol-costestimateandearly1986comple-ogy scheduled to air June 6.
tion date for the plant but could not "It's not your ordinary licensing predict when the plant would open case," Dircks said. "It's cost us a lot or how much it would cost.,
24A 01985 FORT WORTH STAR-TELEGRAM O
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look into more than 100 potential can't he done superficiallg It can't D~ ~
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plant's quality control program.
Dentonsaid manyof theproblems NucIcar Regulatory Commission official Harold Denton tours a "Th at Comanche Peak stem from man-time.,e rest of the world beats us in Denton said.
- France rould agement f t.:ws.There's no problem controi room at the Comanche Peak nuclear power plant Thursday, build this same plant in five or six with the nucicar reactor itself, he years. There's somet hing about II.S.
said.
The nucicarindustry"is not a for-
"You get these large engineering techniques. It's adversarial. The Texas Utilities Elcet ric Co. ca rlier giving field and it doesn't take a lot organizations thrown together on a NitC vs. the utilitics, labor vs. man-this yca r shu f fled its top q ualit y con. of inattention to go downhill," Den-large project and they've never agement.
trol people at Comanche Peak.The ton said.
even met each other before and "The French build the same plant NIIChad criticizedTexas Utihties-Texas Utilities and its prime con-there's a lot of fpersonnel) turnover, over and over again like cookie the primary owner of the plant - tractors have failed tocommunicate all of which causes potential prob-cutters.
for failing t o haven ggressive quality effectively, a common problem in lemsif you don't havegood manage-
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"The American wayiseverybody control in key areas.
the industry, Denton said.
ment," Denton said.
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Ehr!3allaGlornineFrtui Friday, May 21,198S 6-join ex worker Comanche Peak must earn Ihn X plant suit confidence, officia. decrees y
I;; David Real By David Real Denton, who toured Comanche B
the suit are Dobie llatley, Ron staff wrueret the wews Peak for the first time Thursday.
! staff p'riter b; The News Jones. Sue Ann Neumeyer, Don Ni-GLEN ROSE-The man who has said the plan must be a " robust, ri.
E fSjx.former Comanche Peak em-sich. William Dunham and I.inda issued each nuclear power plant li-gorous** program.
N B f neS-ployees joined another former cense in the United States since the
' worker in a longstandinc, lawsuit Atchison, fired from Comanche 1979 accident at Three Elite Island "They've got to do something to Thursday charging that the owners Peak in 1982, was ordered rein-said Thursd1y that Comanche Peak restore our confidence in the de-sign and construction, to show that and main contractor of the nuclear stated to his job last year by a De-will not begin operating until his our confidence ls warranted again."
plant ha've a corporate policy of panment of Labor administrative confidence in the utility's manage-he said.
har'assing employees who reported law judge, but the ruling was over-ment is restored.
turned in December by the Fifth Ilarold Denton, director of nn.
Ile attributed the prol,lems at Co.
b' construction quality problems.
U.S. Circuit Court of Appeals on clear reactor regulation for the Nu. manche Peak to poor commnnica.
lThs 1 policy resulted in the
'vyotigful liting of 'many of the grounds thLt the federal whistle-clear Regulatory Commission. said tion between quality control inspec-wntkersiccording to the expanded blowers act does not cover prob : a June meeting with Texas Utilities tors and builder Brown & Root Inc.,
hint"filedlin llouston by attorneys lems internally reported to private Generating Co. officials will play a architect / engineer Gibbs & Ilill and
. lor Trial LDwyers for Public Justice, c mpanyofficials...
large role in determining whether Texas Utilities.
Io Washington based pubhc interest Anthony Itoisman. executive di-the plant's managers have assem-lic said the NRC had confidence law lirm.
rector of the Wastungton law hnn.
bled a team with enough experi-in new Texas Utilities licensing S
said the stut, amended only weeks ence and competence to run a nu-manager John Beck and William ho. The original suit, bled by f ormer munche INak woll cr Charles At-atter Texas litilities announced clear plant.
Counsil, executive vice president cchiion against main contractor that it no I uger can (stima e the,
The meeting will be conducted for nuclear activities.
Down & Root Inc. in April 198.1.was cost or operating date for Coman-by the utility, which will present a And Denton conceded that the amended to include new defend-che Peak because of licensing difft-plan to correct constrtiction and de NRC was at fault for not identifying ants. including majority plant cubies, seeks to recover lost wages sign problems documented by a 51 the problems at Comanche Peak owner Texas titilities and minority and benefits for the workers and to owners Texas Alunicipal Power assess exemplary damages.
g million NRC task force - the larg-earlier through better inspection
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- est effort ever undertaken at a nu-programs and not being more sensi-Agency.. Tex-La Electric Coopera.
- clcgr plant so close to completion.
tive to whistleblowers' allegations.
tive of Texas Inc. and Ilrazos Elec-Texas Utilities officials declined tric Power Cooperative Inc.
to comment Thursday, saying they The six former workers joining had not seen the suit.
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