ML20136B838

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Requests Sanitized Version of Investigation Rept 4-84-008, Comanche Peak Steam Electric Station: Alleged Intimidation of QC Personnel, Including Attachments for Public Release
ML20136B838
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 07/23/1984
From: Jay Collins
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Herr R
NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20136B196 List:
References
FOIA-84-779 NUDOCS 8511200296
Download: ML20136B838 (1)


Text

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,/ , , . UNITED STATES e o NUCLEAR REGULATORY COMMISSION

$ I REGION IV o . 811 RYAN PLAZA DRIVE, SulTE 1000 g ...*,d* ARLINGTON, TEXAS 76011 July 23,1984 MEMORANDUM FOR: Richard K. Herr, Director Office of Investigations (01)

. FROM: John T. Collins, Regional Administrator

SUBJECT:

REPORT OF INVESTIGATION 4-84-008 " COMANCHE PEAK STEAM ELECTRIC STATION: ALLEGED INTIMIDATION OF QC PERSONNEL" I am requesting by means of this memorandum, that OI provide Region IV a sanitized version of 4-84-008 (including attachments) for public release.

sk0h jhhnT. Collins Regional Administrator cc: B. Hayes A . Westerman R. Bangart W. Brown T. Ippolito P. Check ,,

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

Before Administrative Judges Peter B. Bloch, Chairman Herbert Grossman, Esq.

Dr. Walter H. Jordan In the Matter of )

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l TEXAS UTILITIES ELECTRIC )

COMPANY, et al. ) Docket No. 50-445-OL-2

) 50-446-OL-2 (Comanche Peak Steam Electric )

Station, Units 1 and 2) ) September 17, 1984 MEMORANDUM AND ORDER (Directing Release of OI Reports)

On August 28, 1984, the Nuclear Regulatory Commission Staff (Staff) issued Board Notification 84-149 listing Office of Investigation (OI) reports as important documents related to Comanche Peak Steam Electric Station not previously submitted to this Board. The Staff indicated its intent to transmit to the Board for review in camera ex parte any reports the Board deems ,

! pertinent to this proceeding. By this Order, the Board directs OI to release to the Board and parties (under protective agreement) all OI reports listed in Board Notification 84-149. ,

N Board Notification 84-149 lists 22 OI reports on Comanche-Peak which have not previously been released to this Board. See Board Notification 84-149 at Enclosure 1. Wi hout reviewing the text of these reports, the Board cannot make an intelligent evaluation of their relevance to issues pending before it and cannot decide whether the record in this proceeding is adequately -

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2-developed and can be closed. Based upon a review of the subject of the . reports as listed by the Staff, we find all of these reports to be potentially relevant to matters pending before the Board. Therefore, we direct OI to release under protective agreement copies of all 22 reports to the Board and parties for review.

The Board will not review these reports ex, parte as suggested by the NRC Staff, unless ordered to do so by the Commission. 17ue Applicants have in the past objected to such review by the Board of OI reports.1 The Board agrees that e x,

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parte review of investigation reports could be prejudicial to the rights of the Applicants and other parties. Ex parte information in the context of this formal adjudication would violate fundamental principles of administrative due. process.2 Eje parte contacts between interested parties and agency decision makers have consistently been held to be improper in administrative proceedings. See, e.g., Sangamon Vallev Television Corp. v. United States, 269 F.2d 221 (D.C. Cir. 1959).

Secret exchanges of information are inconsistent with reasoned decision making based upon a public record. Home Box Of fice ,

Inc. v. FCC, 567 F.2d 9, 54-56 (D.C.-Cir. 1977). The problem is exacerbated in a situation such as this where a formal.

1 See " Applicants' Motion to obtain Access to Information Regarding Investigations-at Comanche Peak or for Alternative Relief" (May 10, 1984).

2 See our May 17, 1984, Memorandum and Order (Secret -

Uommu.nications from Office of Investigations).

l adjudicatory hearing is underway. National Small Shipments Traffic Conference, Inc., v. ICC, 590 F.2d 345, 350 (D.C. Cir.

i 1978). The hearing requirement of the Atomic Energy Act and due process mandate that all parties be afforded a full, fair, expeditious, and open hearing.

Where OI reports have been prepared and made available to

this Licensing Board, they must also be made available to all 7 parties. Ex ca rte , extra-judicial information will not be relied i

upon in any manner by the Board. To do so would reduce the hearing to something less than the adversary proceeding required I by the Atomic Energy Act. Fur.Jamental prir . iples of fairness require that. all parties be aware of the content of information 2

presented to the Board, be given the opportunity to test its reliability or truthfulness, and be given the opportunity to 4

present rebuttal testimony if deemed necessary. Green v. McElroy i

360 U.S. 474, 495-496 (1959).

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Ex parte communications are no less troublesome because thEy ,

,come to the Board from the agency staff, in this case OI. See 10 C.F.R. $ 2.780; see also United States v. B&O Southwestern Railraod Co., et al., 226 U.S. 14, 20 (1912). If OI alone is given the opportunity to present ex parte information which may form a basis for the Board's ultimate decision, the Board's independence would be lost.

1 The Commission has issued a policy Statement to provide i

guidance to Licensing Boards and the Staff for cases in which pending investigations are related to matters in controversy and -

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. there is a conflict between the need for disclosure to the Board and parties and the need to protect an inspection or investigation.3 The Commission suggests that in cases where unrestricted disclo'sure of information concerning the _

' investigation could compromise the investigation, the Staff should provide information to the Board ex parte in camera. Id.

at 36,033-34. However, the Commission has emphasized that "As a general rule [it] favors full disclosure to the boards and parties . . . . and that its Folicy Statement does not abrogate the well-established principle of administrative law that a licensing board may not use ex parte information presented in camera in making its decision. Id. at 36,033.

The Board believes that a protective order could be used in

~ order to avoid the need for ex parte examination while providing some assurance that necessary confidentiality is not compromised.

Through such protective agreements, all parties to NRC proceedings have been given access to such sensitive informatio -

as the security plans for power reactors, when issues have been raised in connection with those plans. Pacific Gas & Electric Co. (Diablo Nuclear Power Plant, Units 1 and 2), CLI-80-24,- 11 ,

NRC 775 (1980). There is little reason to believe that the information here is more important than security plans that have ..

been previously disclosed.

3 " Statement of Policyr Investigations, Inspections and Adjudicatory Proceedings," 49 Fed. Reg. 36032 (September 13, 1984).

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] . In this case, the parties have vigorously litigated issues which may well be the subject of the OI investigations, and they are entitled to a prompt decision by this Board on those issues.

Applicants are coming close to the date on which they will be

! ready to load fuel. For this proceeding to be held in abeyance because another arm of the agency is unwilling to share what could be relevant information is fundamentally unfair to the parties and makes it difficult for this Board to do its job.

Accordingly, the Board believes that the rights of the parties to f

a fair hearing on issues relating to intimidation could be prejudiced wit. tout disclosure of the reports to the parties as well as the Boa -d. We are therefore direc*.ing that the 22

, enumerated OI reports be released under a protective agreement to the parties in this proceeding.

It is so ORDERED.

FOR THE

..TOMIC SAFETY AND LICENSING BOARD Peter B. Bloch, Chairman ADMINISTRATIVE JUDGE i

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Herbert Groc3 man ADMINISTRATIVE JUDGE I

i Walter H. Jordan ADMINISTRATIVE JUDGE I

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h0'! 0 i t" MEMORANDUM FOR: Charles Fitti Atomic Safety and Licensing Board Panel FROM: Linda Robinson, Chief Freedom of Information and Privacy Acts Branch Division of Rules and Records Office of Administration

SUBJECT:

REQUEST FOR DISCLOSURE DETERMINATIONS FOR DOCUMENT FOR WHICH YOUR OFFICE IS RESPONSIBLE AND WHICH ARE SUBJECT TO F01A-84-799 The document listed below was identified by another NRC office as being subject to the referenced F0IA request and is enclosed. Please provide your office's disclosure determination no later than noon, November 28, 1984.

Please return the document with your response.

, Linda Robinson, Chief Freedom of Information and Privacy Acts Branch Division of Rules and Records Office of Administration

Enclosure:

As stated CONTACT: C. A. Reed Ext. 27246 DOCUMENT DESCRIPTION

1. Draft of order dated 9/17/84 Distribution:

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$URNAME: CAReed:sk LRobinson JMFejon DATE  : 11/ /84 11/ /84 11/((/84 i

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ALLEGATION REVIEW Date:} November 7,1984 CASE NUMBER 4-84-A-029 DATE OPENED 02/10/84 FACILITY NAME CPSES 50-445/446 SUBJECT Sensitive SOURCE OF ALLEGATION Former Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-84-016 ACTION SCHEDULED Inquiry FIRST/LAST NAME R. Herr DATE ASSIGNED 02/28/84 REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE OIRIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Allegations concerning construction and QA from a patient in a mental ~

hospital who was a former contractor employee. He has made numerous calls to i

Region IV including one call to the HQ Duty Officer. Inspected and closed in Inspection Report 0500445/84-08, and 0500446/84-04. Task Force W. Seidle provided with John Collins directions to get back to alleger. ,

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8 ALLEGATION REVIEW Date: November 7, 1984 CASE NUMBER 4-84-A-018 DATE OPENED 02/10/84 FACILITY NAME CPSES 50-445/446 SUBJECT QA/QC Documentation, Independence of (CYGNA) and Intimidation '

SOURCE OF ALLEGATION Former Construction Employee (CASE WITNESS)

NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO.

ACTION SCHEDULED Review for Investig-ation/ Inspection FIRST/LAST NAME D. Hunnicutt DATE ASSIGNED 02/10/84 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED ACTION OFFICE RIV MAN HOURS -

REPORT PREPARATION ASSIST DETAILS:

Mrs. Hatley has been interviewed by Region IV following telephone call from CASE. The Interview was taped by Region IV. CASE has filed and retracted testimony by Mrs. Hatley. ASLB was informed by ELD on 2/23/84, that the case will be investigated / inspected. Allegations allege lack of independence of CYGNA and intimidation. Hutchinson was interviewed by 01 (Q4-84-014) at request of ASLB Chairman. This information has to be relayed to the board. 00L has opened up a case on both Hatley and Betty Orr. The utility has initiated an independent investigation.

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k ALLEGATION REVIEW Date: November 7, 1984 f~

CASE NUMBER 4-84-A-026 DATE OPENED 08/29/83 FACILITY NAME CPSES 50-445/446 SUBJECT Sensitive SOURCE CF ALLEGATION Former Contractor Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-84-011 ACTION SCHEDULED Task Force action FIRST/LAST NAME R. Herr DATE ASSIGNED 08/29/83 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE OIRIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Q4-84-011 issued March 13, 1984. Task Force has action. -

REFERENCE:

01 R4-84-A-019/Q4-84-011.

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ALLEGATION REVIEW Dateg 01/10/85 CASE NUMBER 4-82-A-024  !

DATE OPENED l FACILITY NAME CPSES i

50-445/446

! SUBJECT Welding Problems SOURCE OF ALLEGATION NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-82-05

ACTION SCHEDULED Closed FIRST/LAST NAME DATE ASSIGNED
REPORT NUMBER lst

2nd:

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FTS NUMBER 8-728-8100 f

DUE DATE

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ALLEGATION SUBSTANT SORT CODE X j DATE CLOSED 1

' ACTION OFFICE RIV

. MAN HOURS REPORT PREPARATION 4

ASSIST j DETAILS:

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ALLEGATION REVIEW Date:

01/10/85 CASE NUMBER 4-82-A-049 DATE OPENED FACILITY NAME CPSES -

50-445/446 SUBJECT Discrimination .

! SOURCE OF ALLEGATION NUMBER OF ALLEG.

ASSIGNED TO Task Force i CROSS REF. NO. Q4-82-0011 ACTION SCHEDULED Closed FIRST/LAST NAME DATE ASSIGNED REPORT NUMBER 1st:

2nd:

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FTS NUMBER DUE DATE ALLEGATION SUBSTANT SORT CODE X DATE CLOSED ACTION OFFICE RIV MAN HOURS i REPORT PREPARATION ASSIST i'

l DETAILS:

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-82-A-055 DATE OPENED FACILITY NAME CPSES 50-445/446 SUBJECT Improperly Installed Electrical Components SOURCE OF ALLEGATION NUMBER OF ALLEG.

ASSIGNED TO i CROSS REF. NO.

ACTION SCHEDULED Closed FIRST/LAST NAME DATE ASSIGNED REPORT NUMBER 1st:

2nd:

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FTS NUMBER '8-728-8100 DUE DATE

ALLEGATION SUBSTANT
SORT CODE X-DATE CLOSED ACTION OFFICE RIV MAN HOURS i

REPORT PREPARATION ASSIST DETAILS:

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-82-A-057 DATE OPENED

'- EACILITY NAME CPSES 50-445/446 SUBJECT Irregularities in Radio-graphy SOURCE OF ALLEGATION NUMBER OF ALLEG.

ASSIGNED TO -

CROSS REF. NO. Q4-82-0025-ACTION SCHEDULED Closed FIRST/LAST NAME DATE ASSIGNED REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE- X DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS:

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-004 DATE OPENED 01/10/83 FACILITY NAME CPSES 50-445/446 SUBJECT Intimidation of QC Inspectors SOURCE OF ALLEGATION Anomymous NUMBER OF ALLEG. 2 ASSIGNED TO Inv.

CROSS REF. NO. 4-83-01 ACTION SCHEDULED Inv. complete. Rev-fewing for possible Enforcement Action FIRST/LAST NAME R. Herr DATE ASSIGNED 01/10/83 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE X DATE CLOSED 03/16/84 ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: The allegers stated that B&R supervisors have been unhappy with coatings inspections and indicate this " nitpicking" could lead to termination. .

As a result, they are unwilling to write NCRs. One technical allegation regarding the proper use of the adhesion meter was inspection (C. Johnson) and it was determined that the device was used correctly. Intimidation allegations partially substantiated. An additional interview was performed, and .e investigation report returned to OI:HQ for review. Enforcement conference received December 12, 1983. CP package issued to TUGCo. Response received by ~

RIV and is being reviewed. Carrying as an enforcement action.  ;

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-026 DATE OPENED 04/08/83 FACILITY NAME CPSES 50-445/446 SUBJECT Inadequacies in As-built QC Inspection Program SOURCE OF ALLEGATION Confidential i

NUMBER OF ALLEG. 2 ASSIGNED TO RPS A l CROSS REF. NO. Q4-83-009 ACTION SCHEDULED Inspection completed FIRST/LAST NAME J. Gagliardo DATE ASSIGNED

REPORT NUMBER 1st
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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE X DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST

' DETAILS: DETAILS: The alleger states that the QC "as-built" inspection ,

program had identified numerous dimensional discrepancies in pipe hangers and that QC inspectors were instructed to discontinue material dimensional checks and only general configuration checks were to be conducted. Further the QA procedures for generating DCA and CMC inspection reports were not followed.

This item was discussed with the licensee at a management meeting. He was told y that failure to correct this type of problem would cast doubt on his final '

inspection program. Inspection report to be issued concerning unsat Licensee '

QC Inspection reports. Closed since there are no more specifics.

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ALLEGATION REVIEW Date: 01/10/85 .

CASE NUMBER 4-83-A-032 DATE OPENED 03/17/83*

FACILITY NAME CPSES 50-455/446 SUBJECT Falsification of Civil QC Records SOURCE OF ALLEGATION Anonymous NUMBER OF ALLEG. 1 ASSIGNED TO Task Force CROSS REF. NO. 4-83-006 ACTION SCHEDULED Investigation in progress 95% com- .

plete FIRST/LAST NAME R. Herr DATE ASSIGNED 03/17/83 REPORT NUMBER lst:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: A QC inspector alleges that QC records relating to concrete pours at the site have been altered. Investigation report 4-83-006 issued and Task -

Force has action.

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-034 DATE OPENED 06/01/83 FACILITY NAME CPSES 50-445/446 SUBJECT Poor QA Practices SOURCE OF ALLEGATION Arvill Dillingham former B&R employee NUMBER OF ALLEG. 1 ASSIGNED TO Task Force CROSS REF. NO.

ACTION SCHEDULED Alleger provided transcript FIRST/LAST NAME E. Johnson DATE ASSIGNED 06/07/83 REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: The allgr has made vague allgtns of poor construction and QA practices at CPSES. RIV has written a ltr asking him to contact us if he has __

specific concerns to be investigated. RPS 'A' and Investigatcr met with allgr.

Allgr provided transcript and it has been passed on te RIV. RIV has initiated special insp based on Dillingham's transcript. Separate 0I inq was performed of Dillingham coworkers. Coworkers did not support Dillingham allgtns.

Ltr sent to 1nd quoted by Dillingham and rtnd with no frwding address. OI memo of 4/4/84 releases 01 Transcript of Dillingham. Closecut of Larry Whitt provided '

by Taylor & will be included in Insp Rpt. TF has taken rough input from Stewart & now has all respon. Ltr sent to licensee on 6/19/84 re: condenser tubes. Insp Rpt 50-445/84-12 discusses lateral support bolts cut too short.

Licensee ltr of 7/9/84 responds to condenser tube issue. Insp. Rpt 445/84-12 responds to shortened bold allegs. by Dillingham. _.

REF: Q4-84-011.

. ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-013 DATE OPENED 02/23/83 FACILITY NAME CPSES 50-445/446 SUBJECT Improprieties in Construction-Drilling .

through Rebar SOURCE OF ALLEGATION Robert L. Messerly (From Case)

NUMBER OF ALLEG. 3 ASSIGNED TO Task Force CROSS REF. NO. See Detail ACTION SCHEDULED Inspection complete.

50-445/83-27 FIRST/LAST NAME R. Herr DATE ASSIGNED 02/24/83 REPORT NUMBER 1st: 83-27 2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Messerly's stat contains 3 spec allegs: (1) Carbide or diamond-tipped _

drill called rebar eater was used on numerous occasions to drill holes in concrete walls & holes were not rptd or authorized, (2) Polar crane was used to spring 1 of the Unit No. 1 32" main steams into pas (about 6"), (3) Cutting torches were used to enlarge holes on hgrs. The Inv, incdg nearly 20 sworn stats, did not corroborate any of the allegs. Tech insp rv1d addt1 rebar .

eaters were in the hands of other wk grps (electrians, pipe fitters). We are continuing inspec effort to determine if these drills were properly controlled. ,

Alleg not substantiated &/or of no tech merit. Based on OI (11/30/83-Supplmt),

the file is reopened on 12/1/83. The RA has been to the site with the allgr.

Martin /Oberg to f/u the allegs. OI has interviewed allgr and taken stmt regarding Messerly. Insp cmpi & rpt issued. Ltr sent to allgr 7/11/84.

Allegation closed. _.

REFERENCES:

A4-83-05,(11/30/83 Supp1mt.),&Q4-84-007. t j?tY v-e +

ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-046 DATE OPENED 07/08/83 FACILITY NAME CPSES 50-445/446 SUBJECT Falsified Inspection Records SOURCE OF ALLEGATION Confidential source NUMBER OF ALLEG. 1 ASSIGNED TO Task Force CROSS REF. NO. 4-83-11 ACTION SCHEDULED Investigation (95% complete)

FIRST/LAST NAME R. Herr DATE ASSIGNED 06/29/83 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST 1

DETAILS: A11eger states that while reviewing QC inspection records of coatings .

inspections he found four records that were identical one apparently was used to falsified the other 3 inspections. Final OI report to 01:HQ for review on May 18, 1984.

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-064 DATE OPENED 09/20/83 FACILITY NAME CPSES 50-445/446 SUBJECT Cable Trays SOURCE OF ALLEGATION Former Employee Brown and Root NUMBER OF ALLEG. 2 ASSIGNED TO RPS A CROSS REF. NO. Q4-83-023 ACTION SCHEDULED Inspection to be completed by 1/30/84 a FIRST/LAST NAME D. Hunnicutt

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DATE ASSIGNED 09/23/83 REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE X DATE CLOSED 02/21/84 ACTION OFFICE RIV MAN HOURS REPORT PRE'ARATION ASSIST DETAILS: Alleger not allowed to requisition materials for fabrication of cable trays and 60 nr 70 cable tray hangers on elevation 810 are not installed in _

accordance with DCA's. A11eger recalled he had used blueprint numbers 901, 902, and 930 to install hangers. Report issued. (50-445/83-52).

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  • ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-067 DATE OPENED 09/09/83 FACILITY NAME CPSES 50-445/446 SUBJECT Improper Coating Pro cedures SOURCE OF ALLEGATION Contractor Employee NUMBER OF ALLEG.

ASSIGNED TO OI CROSS REF. NO. Q4-83-022 ACTION SCHEDULED Inspection is sched-uled to be completed by 3/31/84 FIRST/LAST NAME R. Herr DATE ASSIGNED REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE X DATE CLOSED .

ACTION OFFICE RIV MAN HOURS .

REPORT PREPARATION ASSIST DETAILS: OIR4-83-0072 (Sensitive). Special Inspection being performed.

Completion date is now March 31, 1983. Brookhaven National Laboratc*y is .

assisting.

Reference:

BNL Letter to RIV of January 16, 24, and February 16, 1984. Closed: Combined with 4-83-A-73.

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ALLEGATION' REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-069 DATE OPENED 08/31/83 FACILITY NAME CPSES 50-445/446 SUBJECT Intimidation QC Inspector SOURCE OF ALLEGATION Former Contractor Personnel NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. 4-83-016 ACTION SCHEDULED Investigation completed 5/18/84 FIRST/LAST NAME R. Herr DATE ASSIGNED 08/31/83 REPORT NUMBER ist:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Effects on inspectors due to firing of Dunham. Investigation complete and issued (7/26/84). Being considered with regard to overall _

enforcement issue.

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-83-A-080 DATE OPENED 09/16/83 FACILITY NAME CPSES 50-445/446 SUBJECT Taped Transcript-SOURCE OF ALLEGATION Contractor Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-83-025 ACTION SCHEDULED Task Force Action FIRST/LAST NAME R. Herr DATE ASSIGNED 09/16/83 REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Transcript of tape of QC meeting held by R. Tolson has been provided to RIV by 01 as an attachment to Q4-83-025. RIV now has the responsibility for ,

action.

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-84-A-003 DATE OPENED FACILITY NAME CPSESf 50-445/446 SUBJECT Browns & Root Construc-tion Practices SOURCE OF ALLEGATION B&R Employee NUMBER OF ALLEG. 7 ASSIGNED TO Task Force CROSS REF. NO. Q4-84-001 ACTION SCHEDULED Inspec. possible Further Inv. possi-ble turnover to TUEC FIRST/LAST NAME D. Hunnicutt DATE ASSIGNED 01/09/84 REPORT NUMBER 1st:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED ACTION OFFICE RIV MAN HOURS 2

REPORT PREPARATION ASSIST DETAILS: Allegations contained in Transcript from OI unrelated investigation.

Allegations related to improper B&R, Inc. construction practices. .

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-84-A 017 DATE OPENED 09/15/83 FACILITY NAME CPSES 50-445/446 SUBJECT Intimidation Former Contractor SOURCE OF ALLEGATION Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. 4-84-008 ACTION SCHEDULED Investigatior.

FIRST/LAST NAME R. K. Herr DATE ASSIGNED 09/15/84 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED

' ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST

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DETAILS: Investigation report issued and Task Force has action. Regaional Administrator _ has requested sanitized version of investigation report for

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public release including attachments.

REFERENCE:

-0IR4 A-0013/4-84-008.

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ALLEGATION REVIEW Date: 01/10/85 CASE NUMBER 4-84-A-018 DATE OPENED 02/10/84 FACILITY NAME CPSES 50-445/446 SUBJECT QA/QC Occumentation, Independence of (CYGNA) and Intimidation SOURCE OF ALLEGATION Former Construction Employee (CASE WITNESS)

NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO.

ACTION SCHEDULED Review for Investig-ation/ Inspection FIRST/LAST NAME D. Hunnicutt DATE ASSIGNED 02/10/84 REPORT NUMBER 1st:

2nd:

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FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE A DATE CLOSED

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ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Mrs. Hatley has been interviewed by Region IV following telephone call from CASE. The Interview was taped by Region IV. CASE has filed and ,

i retracted testimony by Mrs. Hatley. ASLB was informed by ELD on 2/23/84, that the case will be investigated / inspected. Allegations allege lack of independence of CYGNA and intimidation. Hutchinson was interviewed by OI (Q4-84-014) at request of ASLB Chairman. This information has to be relayed to the board. DOL has opened up a case on both Hatley and Betty Orr. The utility has initiated an independent investigation. Letter from R. P. Denise to Mrs. '

Hatley transmits tape of 2/10/84 interview.

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ALLEGATION REVIEW Date: 01/10/85 C^.SE NUMBER 4-84-A-026 OATE OPENED 08/29/83 FACILITY NAME CPSES 50-445/446 SUBJECT Sensitive SOURCE OF ALLEGATION Former Contractor Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-84-011 ACTION SCHEDULED Task Force action FIRST/LAST NAME R. Herr DATE ASSIGNED 08/29/83 REPORT NUMBER 1st:

2nd:

Lst:

FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE OIRIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Q4-84-011 issued March 13, 1984. Task Force has action.

REFERENCE:

OI R4-84-A-019/Q4-84-011.

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ALLEGATION REVIEW Date: 01/10/85 l CASE NUMBER 4-84-A-029 DATE OPENED 02/10/84 FACILITY NAME CPSES 50-445/446 SUBJECT Sensitive SOURCE OF ALLEGATION Former Employee NUMBER OF ALLEG.

ASSIGNED TO Task Force CROSS REF. NO. Q4-84-016 ACTION SCHEDULED Inquiry FIRST/LAST NAME R. Herr DATE ASSIGNED 02/28/84 REPORT NUMBER 1st:

2nd:

Lst:

FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE OIRIV MAN HOURS REPORT PREPARATION ASSIST DETAILS: Allegations concernir construction and QA from a patient in a mental hospital who was a former contractor employee. He has made numerous calls to _

Region IV including one call to the HQ Duty Officer. Inspected and closed in Inspection Report 0500445/84-08, and 0500446/84-04. Task Force W. Seidle provided with John Collins directions to get back to alleger.

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4 ALLEGATION REVIEW Date: 01/14/85 CASE NUMBER 4-83-A-013 DATE OPENED 02/23/83 FACILITY NAME CPSES 50-445/446 SUBJECT Improprieties in Construction-Drilling ~

through Rebar SOURCE OF ALLEGATION Robert L. Messerly (From Case) j NUMBER OF ALLEG. 3 ASSIGNED TO Task Force CROSS REF. NO. See Detail ACTION SCHEDULED Inspection complete.

J 50-445/83-27

, FIRST/LAST NAME R. Herr DATE ASSIGNED 02/24/83 REPORT NUMBER 1st: 83-27 2nd:

Lst:

FTS NUMBER 8-728-8100 DUE DATE ALLEGATION SUBSTANT SORT CODE O DATE CLOSED ACTION OFFICE RIV e

MAN HOURS 4

REPORT PREPARATION ASSIST DETAILS: Messerly's stmt contains 3 spec allegs: (1) Carbide or diamond-tipped drill called rebar eater was used on numerous occasions to drill holes in concrete walls & holes were not rptd or authorized, (2) Polar crane was used to spring 1 of the Unit No. 1 32" main steams into pos (about 6"), (3) Cutting torches were used to enlarge holes on hgrs. The Iny, inedg nearly 20 sworn stmts, did not corroborate any of the allegs. Tech insp rvid addt1 rebar eaters were in the hands of other wk grps (electrians, pipe fitters). We are .~.

continuing inspec effort to determine if these drills were properly controlled. -

Alleg not substantiated &/or of no tech merit. Based on OI (11/30/83-Supp1mt),

the file is reopened.on 12/1/83. The RA has been to the site with the allgr.

Martin /Oberg to f/u the allegs. OI has interviewed allgr and taken stmt regarding Messerly. Insp cmpi & rpt issued. Ltr sent to allgr 7/11/84.

Allegation closed. -'

REFERENCES:

A4-83-05,(11/30/83 Supp1mt.),&Q4-84-007.

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  • 4-84-A 03 OATE C FACIL]?'
  • CPSES S0-44S/4:1 SUBJECT Browns 1 F . :- Cor viu t o' tion Pt er t e c- .

SOURCE 0: .t! TION B&R Em;1ovet NUMBER 0: A cti 7 ASSIGNED TC

> RPS 'A' CROSS REr ND.

Q4-84-0C ACTION SC*LDUL 3 Inspec. pc t i's Further Inv. crs-FIRST/LAST NAME ble turnover to Tulc i

DATE ASSIGNED D. Hunnicutt 01/09/84 REPORT NUMBER 1st:

2nd:

Lst:

FTS NUMBER

( DUE DATE 8-728-8100 ALLEGATION SUBSTANT SORT CODE A

DATE CLOSED ACTION OFFICE RIV MAN HOURS REPORT PREPARATION ASSIST OETAILS:

Allegations contained in Trs:.sc.i, fe:- ~

Allegations related to improper B&R, Irc. cc . trs-tion practicesL'I unrelated investiga O

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