ML20136B706
| ML20136B706 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/30/1983 |
| From: | Jay Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20136B196 | List:
|
| References | |
| FOIA-84-779 NUDOCS 8511200268 | |
| Download: ML20136B706 (5) | |
Text
i 1-ea:TEo STATES f
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NUCLEAR REGULATORY COMMISSIOr.
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,g-REGloN IV
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611 RYAN PLAZA oRivE Su'TE E
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\\y-kM p MEMORANDUM FOR:
Ben B. Hayes, Director
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Office of Investigations Of FROM:
John T. Collins, Regional Administrator, Region IV SUEJECT:
COMANCHE PEAK STEAM ELECTRIC STATION - ALLEGED INTIMIDATION OF QC PERSONNEL Thank you for OI's same subject interim report on whether QC personnel at Comanche Peak had'been intimidated or otherwise discouraged in the performance of their duties as the result of the discriminatory termination of a former Brown & Root, Inc., QC inspector, Charles Atchison.
As stated in our July 13, 1983, memorandum to you requesting this investigation, our concern was whether the discrimination against Mr. Atchison had a " chilling effect" on other quality assurance personnel.
In particular, we wanted to know whether former co-workers of Mr. Atchison were discouraged from properly carrying out their quality control responsibilities; i.e., writing NCR's for identified deficiencies.
In our opinion, OI's interviews of 76 present and former QC inspectors has demonstrated that there has been no pervasive discouragement of Mr. Atchison's former co workers.
Indeed, all denied that the circumstances of his termination had affected their ability to report deficiencies or document nonconforming
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conditions.
Although one 0; inspector stated that the termination had made him more cauticus in his evaluations and that he felt that his supervisor and the CC lead inspector hac unsuccessfully attempted te harass and/or intimidate him, the supervisor and OC lead inspector denied the allegation in sworn statements.
Even if this one allegation could be substantiated, there is no evidence of a pervasive chilling effect since none of the other 75 inspectors had any such experiences. Thus, in our view you have completec the task we requested of you in our July 13 memorancum.
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S. Hayes. OI 2
1 Therefore, in light of the in-depth investigation already conducted and subject to the caveats set forth below, we see no further need to continue the investi-gation from the perspective we set forth in our July 13th memorandum.
If your office has developed any substantive information since November 3rd that would lead to a contrary conclusion, please let us know. Otherwise, unless you have any such additional information or any other indication of a possible problem not yet communicated to us, our concerns have been satisfactorily resolved and we would appreciate a final report. We recogni:e that you are conducting other investigations of other allegations not related to our July 13th request and we, of course, would expect 'a separate report or reports, as may be appropriate, of these investigations.
4 We want you to know that we appreciate the thoroughness of the investigation and the willingness of your office to give this matter expedited attention.
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John T. Collins Regional Administrator cc:
J. Gagliardo E. Johnson D. Hunnicutt R. Herr T. Westerman R. DeYoung, IE a
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Steve Burns Document Comments:
12/9/83; subpoena, Comanche Peak Destin5 tion Name:
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Collins Distribution Name:
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UNITED STATES
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i NUCLEAR REGULATORY COMMISSION I
RE GloN IV I
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Ett RYAN PLAZA DRIVE sulTE 1000
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ARLINGTON. TEX As 7W11
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-MEMORANDUM FOR:
Chairman Palladino t
1 Commissioner Gilinsky Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
ISSUANCE OF SUBPOENA IN AID OF COMANCHE PEAK INVESTIGATION In accordance with the delegation of authority to issue subpoenas dated July 20, 1982, this is to advise you that the Administrator of NRC Region IV intends to issue a subpoena to compel the testimony of Thomas Brandt, a quality assurance supervisor employed by the Texas Utilities Generating Company, which is licensed to construct the Comanche Peak Steam Electric Station. The supervisor's testimony is sought in connection with an ongoing investigation of the allegedly improper termination of William Dunham, a Brown and Root employee and the possible intimidation of QA/QC coatings inspectors resulting therefrom.
Mr. Brandt has stated that he would respond to questioning regarding these matters only pursuant to a subpoena.
Mr. Brandt may have information i
relevant to the investigation because, by virtue of his position, may have knowledge of the circumstances surrounding Mr. Dunham's discharge.
I The Office of Investigations supports the issuance of the subpoena.
Unless otherwise directed by the Commission, the proposed subpoena will be issued on December 14, 1983.
'I William J. Dircks Executive Director for Operations i
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MEMORANDUM FOR:
Chairman Palladino Commissioner Gilinsky Commissioner Roberts j
Commissioner Asselstine Commissioner Bernthal FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
ISSUANCE OF SUBPOENA IN AID OF COMANCHE PEAK INVESTIGATION In accordance with the delegation of authority to issue subpoenas dated July 20, 1982, this is to advise you that the Administrator of NRC Region IV intends to issue a subpoena to compel the testimony of Thomas Brandt, a quality assurance supervisor employed by the Texas Utilities Generating Company, which is licensed to construct the Comanche Peak Steam Electric Station. The supervisor's testimony is sought in connection with an ongoing investiga' tion of the allegedly improper termination of William Dunham, a Brown and Root employee and the possible intimidation of QA/QC coatings inspectors resulting therefrom.
Mr. Brandt has stated that he would respond to questioning regarding these matters only pursuant to a subpoena.
Mr. Brandt may have information relevant to the investigation because, by virtue of his position, may have knowledge of the circumstances surrounding Mr. Dunham's discharge.
The Office of Investigations supports the issuance of the subpoena.
Unless otherwise directed by the Commission, the proposed subpoena will be issued on December 14, 1983.
William J. Dircks Executive Director for Operations
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OFC :0 ELD Reg. IV NAME :JLieberman:sf JCollins :
DATE :12/ /83 12/ /83 :
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c NUCLEAR REGULATORY COMMISSION E
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611 RY AN P AZA oRtVE su!TE 1000
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ARLINGTON TEXAS 76011 December 20, 1983 l
MEM3RANDUM FOR:
J. T. Collins P. S. Check J. E. Gagliardo E. H. Johnson D. M. Hunnicutt
- . F. Westerman R. K. Herr D. D. Driskill FROM:
William L. Brown, Regional Counsel
SUBJECT:
SUBPOENA FOR INTERVIEW OF THOMAS BRANDT Attached is a subpoena to Thomas Brandt which John Collins has signed and sent out today.
Mr. Brandt is a QA supervisor emr'oyed by TUGCO. His testimony is sought in connection with an ongoing investi,ation of the allegedly improper termination of William Dunham, a Brown & Root amplayee, and the possible intimidation of QA/QC coatings inspectors resulting therefrom.
Mr. Brandt has stated that he would respond to questioning regarding these matters only pursuant to a subpoena. Mr. Brandt may have information relevant to the investigation because, by virtue of his position, he may have kno2 edge of the circumstances surrounding Mr. Dunham's discharge.
The Commission was notified of the Regional Administrator's intent to issue the subpoena and I was informed by OELD today that no objections or comments were received from the Commission.
It was previously intended to issue the subpoena requiring appearan".e on December 16, 1983.
However, because of the time needed for a meaningful notification te the Ccmmission, the date had to be changed to January 3,1934.
Therefore, please destroy all copies of the subpoena you may.'A n which certains the De:etber 16 date in orcer to avoid any future confusici..
4 "Y fk e-,r William L. Bronn Regional Counsel
Attachment:
As stated GC nG T A W Q-ff o g g s.' r u s o '
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33nitch 9tates of America NUCLEAR REGULATORY COMMISSION 0
In the matter of; Texas Utilities Generating Conpany
> DOCKET NO. 50-445 50-446 TO Thomas Brandt c/o Texas Utilities Generating Company D. n. Box 1002 Glen Rose, Texas 76043 YOU ARE HEREBY COMMANDED to appear..a3,,,q,u1tg,,,835, p,1],,,Ry,an {,],aza,,D,[,jve, U.S. Nuclear Regulatory Comission, Region IV, Office of Investigations Field Office, Arlington, Texas in_the city of 3rd on the
.. day of January 19.84...........a t... 9 : 0 0.......
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to continue as necessary for the purpose of testifying before NRC investigative personnel to provide infomation concerning the alleged improper termination of William Dunham's employment from Brown & Root, Inc., and the possible intimidation of QA/QC coatings inspectors as a result thereof.
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/$hnT. Collins,RegionalAdministrator,RegionIV mOFMY FOR Recion IV December 20 39"3 8
U.S. Nuclear Recuiatorv Commission
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William i Brown (817) 860-8271 m Ernost On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose ir. stance the subpoena was issued, the Commission may (1) quash or modify the subpoena 1. it is unreasonable or requires evidence not relevant to any matter in issue, cr (2) condition denial of the motion on just and reasonable tems.
Such motion should be directed to the Secretary of the Cnmissinn. unchinntnn n t-onccc-