ML20133D732
| ML20133D732 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 08/02/1985 |
| From: | Guild R GUILD, R., ROREM, B. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#385-112 OL, NUDOCS 8508070435 | |
| Download: ML20133D732 (12) | |
Text
'
}l Eh-August 2, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
)
)
DOCHETED COMMONWEALTH EDISON COMPANY
)
UDE
)
Docket Nos. 50 4560L-(Braidwood Nuclear Power
)
50 45785 AUG -6 A10:0'7
~
Station, Units 1 and 2)
)
QFFICLC:JECfp/
o0Cnim24:o E""*
ittBCVEUGES? FOTTON FOR CONFIDENTIAL TREATMENT OF C)MQ%tgpff:9 NAMES Intervenors Bridget Little Rorem, et al.,
by their under-l signed counsel, move for an order providing for the confidential treatment of the names of eleven (11) of the sixteen (16) l Comstock Quality Control (QC) inspectors, at their request, iden-tif'ied in the original version of an April 5, 1985, NRC Staff Memorandum, attached to Intervenors' July 15, 1985, Supplement to July 12, 1985, Motion Regarding Harassment and Intimidation of Comstock Quality Control (QC) Inspectors.
That April 5, 1985, Memorandum was served upon the parties in an expurgated version which deleted the names of sixteen (16)
QC inspectors who presented information or harassment complaints to the NRC Staff.
An unexpurgated version with names disclosed was served only upon the Licensing Board.
Intervenors took such actions in the belief that confidentiality might be desired and warranted for some or all of these individuals notwithstanding I
the indication in the April 5 memo, at page 2, that confiden-I tiality had been offered by the NRC and declined.
I 1
8509070435 850802 PDR ADOCK 05000456 C
}$Db
As directed by the Board at the July 23, 1985, Prehearing Conference, Tr. 259-262, counsel for Intervenors communicated with each of the sixteen (16) QC inspectors identified in the April 5 memorandum.
Counsel for Intervenors provided each inspector an explanation of the nature of these proceedings, the circumstances under which their names became known to Intervenors, the Board's decision on Applicant's request for disclosure of the l
unexpurgated memo (Tr. 259), the availability and significance of various msasures to limit the disclosure of their identities under a protective order which Intervenors could seek.
We also discussed with them the likely extent of disclosure already occurring and the protections flowing to them from public identi-fication.as participants in this NRC proceeding.
Confidential treatment of their names was expressly requested by nine (9) individuals personally on their own behalf; by the wife of one inspector on her absent husband's behalf and at his direction, af t'er he had received a communication from Intervenors' counsel; and by one inspector on behalf of one other and at his direction, after he, too, had received a communication from Intervenors' counsel.
Thus, eleven (11) of the sixteen (16) individuals seek confidential treatment of their names.
Five (5) of the inspectors have consented to the disclosure of their names, including disclosure to Commonwealth Edisen and Comstock management.
Such consent was given by Tim Stewart, Richard Snyder, R.D. Hunter, Herschel Stout and Dan Holley.
(Of these, Stewart and Stout are no longer employed at Braidwood.)
A partially unexpurgated version of the memo, which discloses the 2
~
names of those fivo (5) consenting individuals only, is attached hereto.
These names, together with the corresponding references in the April 5 memo, were read to counsel for the Applicant and NRC Staff this day, August 2, 1985.
Each of the eleven individuals who sought confidentiality expressed fear of discrimination or reprisal by Edison, Comstock, #/
other site employees, or some prospective future employer should they be identified through the April 5, 1985 Memorandum as having complained to the NRC.
The feared discrimination ranged from termination of employment and blacklisting from future employ-ment, to unfavorable work assignments and harassment.
Several of l
the inspectors stated that they had understood from the March 29, 1985 NRC meeting that their specific identities and specific complaints would be disclosed only within the NRC and would not be disclosed either publicly or to Edison and Comstock manage-ment.
Several stated that if they knew that their names would be disclosed to Edison and Comstock they would not have gone to the NRC.
On the other hand, at least one acknowledged that he had
~
not requested confidentiality on March 29, 1985, but had since reconsidered and, upon reflection, desired now to request confidentiality.
All understood that absolute confidentiality could not be secured; each nonetheless requested as much restric-tion on disclosure of his name as could be provided.
- /
The individuals advised us that as of on or about July 23, 1985, QC inspectors of electrical work at Braidwood no longer receive their paychecks from Comstock, but are now " employed" by a separate company called BESTC0.
However, they also state that actual direction and control of their work con-tinues to be performed by Comstock supervisors, not BESTCO.
Intervenors intend to explore this subject through discovery.
3
Intervenors were served today with Applicant Commonwealth Edison Company's First Set of Quality Assurance Interrogatories and Requests To Produce Documents Directed to Intervenors Bridget Little Rorem, Et A1.
These interrogatories (e.g.,
Interrogatory 9). seek inter alla the identities of QC inspectors and the instances of harassment by Comstock management known to Intervenors.
Intervenors believe that this question would call for the disclosure of information which, in the view of the eleven QC inspectors, would likely expose them to the feared discrimination and reprisal.
As Intervenors have today informed counsel for Applicant, ae therefore intend to seek a protective order from the Board with respect to interrogatories requesting such identifying information.
We believe that the decision on such a request for protective order should establish the neces-sary and appropriate mechanisms'for litigating these sensitive and important harassment and intimidation claims.
Pending filing and resolution of such motion, however, it is sufficient that the Board simply provide for the continued confidential treatment of the names of those eleven (11) individuals named in the April 5, 1985,< Memorandum who seek such protection.
DATED:
August 2, 1985 Respectfully submitted, s
Cassel, Jr.
b[
d'Y l
Timothy W. Wright, III Robert Guild 109 North Dearborn Suite 1300 one of the Attorneys for Intervenor Chicago, Illinois 60602 Bridget Little Rorem, et al.
i l'
(312) -641-5570 4
.~.
i --
e/ja g\\
UNITED STATES NUCLEAR REGULATORY COMMisslON f, "J- [ j E
REGION 111 ns noostvCLv noao f
CLEN ELLYN. ILUNOis 601U APR 5 1985 MEMORANDUM FOR:
Charles E. Norelius, Director, Division of Reactor Projects FROM:
Charles H. Weil, Investigation and Compliance Specialist i
SUBJECT:
ALLEGATIONS RE:
L. K. COMSTOCK QUALITY ASSURANCE PROGRAM AT BRAIDWOOD (50-456; 50-457) (ATS NO: RIII-85-A0072)
On March 29, 1985, at approximately 10:00 a.m. the Braidwood Resident Inspectors (L. G. McGregor, R. D. Schulz, and W. J. Kropp) telephoned the Region III Office and advised that six L. K. Comstock quality control inspectors had visited the residents' office that morning. The Comstock inspectors provided several allegations which are summarized as:
1.
Comstock is asserting the quantity of inspections rather than the inspection quality.
Therefore, the quality of the L. K. Comstock inspections is suffering.
2.
Rick Saklak, Comstock QC Supervisor, was not r Jalified for his position, as he was not certified in all of the inspection areas which he supervised.
3.
Saklak was constantly intimidating / harassing the Comstock inspectors.
4.
Ninety three hanger inspections, containing 1100-1200 welds, were signed off in one day by an unidentified inspector. The allegers considered tiris to be too many inspections for a single inspector to make in one day without the quality of the irispections suffering.
5.
Sam Russman (phonetic spelling), a Comstock QA inspector, is assigned to the records vault for the sole purpose of closing nonconforrrance reports. Russman never goes to the field to verify the condition before closing the nonconformance reports.
6.
All'of the allegers claimed to have spoken to the Braidwood Quality First Team without gaining any satisfactory response to their Concerns.
The allegers indicated that they represented 50-70 Comstock quality) control inspectors and there would be a job action on Monday (April 1,1985 if something was not done about their concerns.
4 L
Charles E. Norelius 2
APR 5 1995 The allegers were N 6, Tim Stewart,6, 6 and Richard Snider (all phonetic spellings).
None of the allegers requested confidentiality and each agreed his identity could be used if necessary.
(NOTE: A series of allegations involving L. K. Comstock at Braidwoo.d were received by Region III beginning March 9, 1985.
These allegations (RIII-85-A-0058; RIII-85-A-0062; RIII-85-A-0067; and RIII-85-A-0068) generally encompassed those identified above.
Further,Mwas the source of a'llegation RIII-85-A-0068 which concerns the~ push of production quantity over inspection quality.
On March 29, 1985, the allegations were discussed among the Region III Staff (C. H. Weil, W. L. Forney, and C. C. Williams).
The Regional Administrator, Deputy Regional Administrator and the Director of the Division of Reactor Projects were also infomed of the allegations.
It was decided that the allegations should be forwarded to Commonwealth Edison Company for resolution.
However, the allegers should be contacted before providing the information to Commonwealth Edison and infomed of the proposed course of action.
Accordingly, at 12:00 p.m., March 29, 1985, the Region III Investigation and Compliance Specialist spoke by telephone with the allegers assembled in the Resident Inspectors' Office. They were informed of the plan to bring Corrrnonwealth Edison into the allegation resolution process and none of the allegers expressed any dissatisfaction with the concept.
Further, they restated that they did not desire to remain confidential.
Other Comstock inspectors accompanied the original six allegers to the Resident Inspectors Office.
The total number of Comstock inspectors eventually numbered 24.
In the one half hour period of the telephone call (the call taking place between 12 and 12:30 p.m. during the inspectors lunch period) thirteen inspectors were briefly interviewed. None of the additional inspectors requested confidentiality.
The Resident Inspectors were requested to obtain the Comstock inspectors' address and telephone numbers for follow-up by the NRC (e.g. furnishing the inspectors with copies of this memo and subsequent reports).
INSPECTOR COMMENT Rich Snyder Rich Saklak continually violates procedures during inspector certifications.
Soklak threatened Snyder for not closing an inspection report which still had an open engineering change notice.
Snyder refused and Saklak stated, "if beating was legal you would be dead." Snyder later checked with QA and found that his position on the issue was proper.
N John Walters ( N lead) and Ken Worthington (N supervisor) told M that he would lose his job if he did not hurry up and produce more inspections.
Charles E. Norelius 3
APR 5 mi Saklak threatened an inspector (unidentified) for not closing an inspection report even though the engineering change notice had not been issued for it.
"Comstock wants us to work with blinders on."
R. D. Hunter "More than a little bit of intimidation by more' than one supervisor "
M On November 5, 1984, Saklak told him to finish an inspection even though drafting errors were noted. 6 complained to Comstock management about this issue, but did not rece,ive any satisfaction.
M M observed a base metal reduction problem in a structural weld. M told his lead, John Walters, and Walters told Mto stay within the scope of his job and not worry about base metal reduction. W also told Daryl Landers.
Landers informed 6 to keep up his production or he would lose his overtime. (See allegationRIII-85-A-0068)
Hershel Stout Inspector productivity overrides the quality of the inspection.
(At that point a show of hands was done.
The Resident Inspectors indicated that the Comstock inspectors
)
agreed 100% with that statement).
(NOTE:
Stout provided l
information under allegation RIII-85-A-0067)
M Comstock emphasized inspection quantity first, not inspection quality.
W Saklak berates inspectors. Many inspectors have been discriminated against at one time or another by Irv DeWald, Comstock QA Manager. DeWald's attitude is "how can I hang you, not how can I help you."
l 6
Constantly intimidated by Saklak.
Saklak lied to get M fired. M stated that he has written statements fmm several witnesses to back-up his statement.
Saklak uses foms contrary to procedums.
s For several months M was the only welding inspector, and everything was done on a hurry-up basis. Comstock has consistently been undemanned and has one crisis after another.
1 5w Charles E. Norelius 4
M is constantly being watched by his supervision.
As an example, he recently visited the NRC office.
The following day he was transferred without reason from field inspecticns to a job in the records vault. (NOTE:
the Investigation and Compliance Specialist provided the Resident Inspectors with the address and telephone number.
for the Department of Labor, Wage and Hour Division, and requested that it be given to M should he desire to furtherthiscomplaint).
(On April 1, 1985 Daniel P. New, Area Director, U. S. Department of Labor, Wage and Hour Division, was contacted and informed of M information pertcining to alleged employment discrimination.
New advised that the Wage and Hour Division would await the filing of the written complaint required by 29 CFR 24.3 before initiating an investigation into the matter.)
s Hangers aren't even being inspected, just as-built.
No inspection reports or nonconformance reports are written.
Walkdowns are being done and drawings made to show as-built configuration.
Comstock management promises more money to inspectors who are certified in multiple areas. Although it's nice to get more money, an inspector cannot remain proficient in all of the certified areas; therefore, the quality of inspections goes down.
Dan Holley Stan Rithman (phonetic spelling) is both an inspector and auditor.
Rithman will inspect something then do the QA overview audit.
Holley believes this to be a conflict of interest.
At approximately 12:45 p.m., March 29, 1985, Eugene T. Pawlik, Director Office cf Investigations Region III Field Office, was infomed of the allegations and concluded that an investigation by OI:RIII was not warranted at this time.
At approximately 1:15 p.m., March 29, 1985, Tom Maiman, Comonwealth Edison Vice President and other Connonwealth Edison officials were telephoned at the Braidwood Facility by Messrs. W. L. Forney, C. C. Williams and C. H. Weil.
Commonwealth Edison was told that the NRC had received general allegations fom twenty-four Comstock inspectors and in general terms the allegations concerned Comstock's push for inspection quantity not quality, Saklak's perceived perfomance and the inspectors perception of the perfomance of TAC Quality First Program. Maiman stated that Comonwealth Edison would begin to look into the matters that afternoon and would recontact Region III with an action plan by the close of business on March 29, 1985.
~.
APR 6e j
Charles E. Norelius 5
At approximately 4:30 p.m., March 29', 1985 Comonwealth Edison officials telephoned Region III.
Commonwealth Edison had decided to act upon the issues i
with both short range and long range action plans.
The long range plan was not developed, but Comonwealth Edison would be in contact with Region III during the week of April 1,1985, to discuss the long range plan.
The short range plan identified below would be ac.complished by the close of business on March 29, 1985.
1.
Comonwealth Edison Management at Braidwood met with onsite Constock management officials in production, quality control and quality assurance.. Comonwealth Edison discussed areas identified by the Braidwood Quality First Program and the above identified allegations.
The Comstock officials indicated they were generally aware of the concerns with Saklak's perfbrmance.
Commonwealth Edison emphasized the need for L. K. Comstock Company to perfonn within the Comonwealth Edison and Comstock quality assurance programs.
Comonwealth Edison officials were not certain if L. K. Comstock site officials had informed Comstock corporate of the problems.
7.
Saklak was administrative 1y removed from his supercisory position until the allegations are resolved.
3.
Comonwealth Edison issued a memorandum to all L. K. Comstock QC/QA personnel in which Commonwealth Edison announced a meeting for 8:00 a.m., Monday, April 1, 1985. At that time Comonwealth Edison plans to reemphasize its quality assurance policies, as well as allow the Comstock inspectors to air their grievances.
Comonwealth Edison will also announce a method for a private airing of grievances should that be desired by an individual Comstock inspector.
4.
A Comonwealth Edison Quality Assurance Project Letter was also issued to reemphasize the Commonwealth Edison Project Quality Assurance Policies.
l l
p
\\
APR 5 1985 Charles E. Norelius 6
At approximately 5:00 p.m., the Regional Administrator Deputy Regional Administrator and the Director, Enforcement and Investigation Coordination.
Staff were informed of the Commonwealth Edison plans described above.
Charles H. Weil 1
Investigation and Compliance Specialist
Enclosures:
1.
AMS Form 2.
March 29,1985 memo, McGregor, and Schulz to Warnick and Weil cc w/ enclosures:
RIII:RA0 RIII:DRS DI:RIII E. G. Greenman J. F. Streeter SRI-Braidwood m
9 9
9 i
r 8/2/85 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD D0thETED USNRC In the Matter of
)
)
COMMONWEALTH EDISON COMPANY
)
Docket No. 50 456 85 Am -6 N0:07
)
50 457 (Braidwood Nuclear Power
)
Station, Units 1 and 2)
)
0FFict 0F SECP.u A. -
00CnETING & SERVKi BRANCH CERTIFICATE OF SERVICE I hereby certify that I have served copies of Intervenors' Motion For Confidential Treatment of Eleven QC Inspector Names on all parties to this proceeding listed on the attached Service List, by having said copies placed in envelopes, properly addressed and postaged (first class), an'd deposited in the U.S.
mail after close of business on this 2nd day of August, 1985; except that Administrative Judge Lawrence Brenner and NRC Staff Counsel Elaine Chan were served via Federal Express and Edison counsel Michael Miller was served personally, also on August 2, 1985.
//tsh I
i
r:
BRAIDWOOD SERVICE LIST 50-456/50-457 OL Lawrence Brenner, Esq.
Elaine Chan, Esq.
Chairman and Administrative Judge NRC Staff Counsel Atomic Safety and Licensing Board -
U.S. Nuclear Regulatory U.S.. Nuclear Regulatory Commission Commission Washington D.C.
20555 7335 Old Georgetown Road Bethesda, MD 20014 Dr. A. Dixon Callihan Administrative Judge Joseph Gallo, Esq.
102 Oak Lane Isham, Lincoln & Beale Oak Ridge, TN 37830 Suite 840 1120 Connecticut Avenue N.W.
Dr. Richard F. Cole Washington D.C.
20036 Administrative Judge Atomic Safety and Licensing Board Docketing & Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington D.C.
20555 U.S. Nuclear Regulatory Commission Rebecca J. Lauer, Esq.
Washington D.C.
20555 Isham, Lincoln & Beale Three First National Plaza Atomic Safety and Licensing Chicago, IL 60602 Board Panel U.S. Nuclear Regulatory Ms. Bridget.Little Rorem Commission 117 North Linden Street Washington D.C.
20555 Essex, IL 60935 Atomic Safety and Licensing C. Allen Bock, Esq.
Appeal Board Panel P.O. Box 342 U.S. Nuclear Regulatory Urbana, IL 61801 Commission Washington D.C.
20555 Thomas J. Gordon, Esq.
Waller, Evans & Gordon Michael I. Miller, Esq.
2503 South Neil Isham, Lincoln & Beale Champaign,.IL 61820 Three First National Plaza Chicago, IL 60602 Lorraine Creek Route 1, Box 182 Manteno, I:L 60950 Region III U.S.' Nuclear Regulatory Commission Office of Inspection & Enforcement 799 Roosevelt Road Glen Ellyn, IL 60137 J-_
M