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5 WASMINGTON, D, C. 20065 December 21, 1990 4
Docket Nos. 50-321, 50-366, f
50-424 and 50-425 4
F MEMORANDUM FOR. Jack W. Roe, Director, Division of Licensee Performance and Quality Evaluation, NRR 1
Stewart Ebneter, Regional Administrator, RII Ben Hayes, Director, Office of Investigations-2 Lawrence Chandler, Assistant General Counsel for j
Hearings and Enforcement, Office of the General Counsel i
FROM:
Steven A. Varga, Director i
Division of Reactor Projects - I/II, NRR
SUBJECT:
ASSIGNMENTS FOR 2.206 PETITION REGARDING GEORGIA POWER COMPANY j
LICENSED FACILITIES (TACS 79206/79207) l l
This memorandum discusses information referred to the Office of Investigations (OI) and, therefore, should be maintained in ~ confidence and distributed only to j
those NRC personnel with a need to know, s
I By letter dated September 11, 1990, the NRC received a 10 CFR 2.206 Petition entitled " Request for Proceedings and Imposition of Civil Penalties for Improperly Transferring Control of Georgia Power Company's Licenses to the i
.SONOPC0 Project and for the Unsafe and Improper Operation of Georgia Power Company Licensed Facilities." Georgia Power Company responded to the Petition September 28, 1990. Supplements to the Petition were filed September 21 and October 1, 1990. By letter of October 23, 1990, Dr. Murley acknowledged receipt i
of the Petition and noted that action with regard to the specific issues raised i
in the Petition would be taken within a reasonable time.
I have requested that Project Directorate (PD) II-3 coordinate preparation of i
a draft Director's Decision based upon input from the Division of Licensee Performance and Quality Evaluation (DLPQ), Region II (RII), 01, the Office of the General Counsel (0GC) and others as needed. Due to schedular considerations, i
a Partial Decision addressing those matters not referred to 01 would appear to be appropriate at this time.
In view of the potential significance of the issues j
raised in the-Petition, I request that inputs for the draft Partial Decision be submitted to the NRR Project Manager, Darl Hood, no later than the end of March 1991. This schedule' anticipates the need for receipt of additional information from the Georgia Power Company.
If the need for any such additional information is identified, please inform Darl by February 15, 1991.
i For those items referred to 01, 0I is requested to keep RII and Darl informed of the completion schedule.
l To respond to the specific issues of the Petition (repeated below from Section l
III), the following actions have been or are requested:
information in this record was deleted j
m accordance with the Freedom of Information l
Act, exemptions 5
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FOIA.
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SLNSH IVE PRE ciblUMAL INFORMATION-INTERNAL r 'TRIBUTION ONLY
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,i, Multiple Adoressees Decamber 21, 1990 2-
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' Illegal transfer of licenses to SON 0PCO." (OG and h )
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are reques ed o izant n.
.ua who wil be assigned to work I
with the Office of Nuclear Reactor Regulation (NRR) on this matter. A letter from Georgia Power Company dated December 6, 1990, is related to this issue. Copies have been provided to all concerned.
i 2.
"GPC misled the Commission about the chain of command from the Vogtle project's Plant Manager to its CEO."
(PDII-3) i This issue is under review within NRR and RII, and additional assistance l
that may be needed in the future will be requested by subsequent l
correspondence.
I 3.
"SONOPC0 intentionally misled the NRC about the condition of the Vogtle
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Plant after a Site Area Emergency in order to hasten the restart of the reactor." (RII) l.
This item has been referred to OI.
4.
"GPC's Executive Vice President submitted perjured testimony during the i
course of a proceeding commenced under Section 210 of the Energy 4
Reorganization Act."
(PD II-3) 4 3
OGC will assist PD II-3 in preparation of a cover letter referring this -
item to the U.S. Department of Labor for consideration as appropriate.
i PD II-3 will respond to the Partial Decision based upon this referral.
l 5.
" SON 0PC0 routinely threatens the safe operation of GPC's nuclear facilities l
by allowing them to enter ' motherhood'.." (RII) 1 i
RII will provide input by January 15, 1991, based on the Special Team j
inspection at Vogtle in August 1990.
i 6.
"SONOPC0' routinely endangers the public's safety by ignoring technical specifications." (RII)
Subparagraphs a, c, and e have teen referred to 01. RII will provide input for subparagraphs b and d by January 15, 1991, based on the Special Team inspection at Vogtle in August 1990.
7.
"SONOPC0 repeatedly concealed safeguards problems from the NRC." (RII)
This item is being referred to 01 by RII.
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Multiple Addressees-December 21, 1990 j
8.
"SONOPCO has endangered the public's health and safety by operating radioactive waste systems ano facilities known to be in gross violation of NRC requirements." (RII)
RII will provide input by January 15, 1991, based on the Special Team inspection at Vogtle in August 1990.
9.
" SON 0'PCO' management routinely risks the safe operation of GPC's Nuclear fccilities through non-conservative and questionable management practices."
(DLPQ, PD 11-3, RII) i Because this is a summary item, it can cnly be addressed after, or in 4
conjunction with, related items given above. Moreover, this section
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should be addressed as part of each of the above assignments, as appropriate.
Two additional items are located in Section II of the Petitions i
a)
"Before Mr. Hobby could get GPC to resolve his concern over the improper i
transfer of GPC's license to Southern Company.and SON 0PCO, he was forced i
from GPC."
[page3](RII) j A May 25, 1990, ruling by the Department of Labor (DOL) in favor of Georgia i
Power Company is presently under appeal. RII's letter of June 21, 1990, I
concurred with GPC's request to defer further discussion of the merits of the discrimination allegation until completion of the DOL process. RII will continue to review and monitor DOL proceedings and respond to the i
Partial Decision by January 15, 1991, as appropriate at that time. As we
,4 review these issues, further assignments may need to be made.
i b)
"Mr. Mosbaugh was removed the the PRB [ Plant Review Board] by Plant General Manager George Bockhold after he attempted to resolve safety j
issues with the PR8."
[page 4]; and 4
i "Therefore,... Mr. Mosbaugh's attempts...resulted in his removal from j.
(sic) the PR8." [page 13] (RII)
I RII will provide input by Janaury 15, 1991.
i Based on consultations with OGC, NRR will request the licensee to respond to certain allegations under oath or affirmation in accordance with 10 CFR Part 50.54(f).
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