ML20137D204
| ML20137D204 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/25/1985 |
| From: | Stephen Burns NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20137D175 | List: |
| References | |
| NUDOCS 8508220418 | |
| Download: ML20137D204 (6) | |
Text
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July 25, 1985 Note to files DAVIS-BESSE INCIDENT INVESTIGATION
" LESSONS LEARNED" The following list is meant to highlight some of the legal procedural, and administrative problems that occurred during the NRC Fact Finding Team's inquiry into the June 1985 Davis-Besse loss-of-feedwater transient. These
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issues do not necessarily reflect matters that actually arose during the Term's efforts from my vantage point, but represent issues that arose or I saw as potentially arising during similar task force' efforts. Some of the issues may require the establishment of specific policy guidance and imple-menting procedures;~others may require training of Team members; others may just need to be planned for to support the Team's efforts:
1.
Transcription of interviews and meetings
- whether to take transcripts (the D-B Team found it useful)
- availability of transcripts to interviewees, licensee, and the public (note attached procedure developed for the D-B effort)
- handling of transcript corrections
- turnaround time from reporting service for transcripts (whether to order overnight vs. 2-day service)
- should individuals be permitted to tape record interviews or meetings?
2.
Attendance of third parties at interviews
- what policy should be followed?
Is the new OI policy a good starting point?
- what steps should be taken to deal with a multiple representation issue (i.e., company counsel who also purports to represent individual operators)?
- what steps should be taken to dissuade individuals from having company counsel or company management accompany them in an interview?
- what should be established "on the record" about the presence of third parties at an interview?
- the representational relation bet' ween the third party and the interviewee should be established l
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3.
Collection.of documents
- procedures for tracking and " logging in" data and documents should be established
- instructions should.be developed to assist Team members in identify-ing documents "on the record" during the transcribed interviews and including them as " exhibits" to the interview
- guidance should be developed on sharing documentation with the licensee--(i.e., whether to follow the policy ~ guidance on draft inspection reports or whether to permit sharing of working docu-ments so long as they are preserved.)
4.
Powers of the IIT
- should'the IIT be given subpoena power, power to administrator oaths and affirmations, confirmatory action letters, or orders and, if so, should form documents be prepared in advance?
- a freeze on plant equipment and documentation should be established as well as the rules for its relaxation
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- if the Team does not have such powers, what standing arrangements should be made to ensure the prompt availability of compulsory p,rocess such as identified above?
5.
Interface with other NRC organizations
- arrangements for dealing with press inquiries need to be made; the resrinsibility shifted in D-B from the Region to headquarters
- interface with headquarters program offices need to be established -
a single point of contact would appear preferable
- interface with regional inspectors efforts needs to be established as well as the guidelines as to the extent to which the Team will share information with the Region or rely on the Region for its development
- provisions need to be made for additional technical and admini-strative assistance for the Team. 'The job of assimilating in-formation and reaching conclusions about its significance may be
.too much for the four Team members to accomplish by themsel.ves in a week or two. Administrative support was provided to D-B through the Region; and administrative assistant to handle clerical and administrative matters would be useful.
3-
- what legal support should be provided on-site? Until Team members feel comfortable with handling the formal interview process, the procedural and legal ramifications concerning the handling of the interviews, and the like, legal support at the site may be useful.
- arrangemen'ts to inform 01 and obtain 01 support should be established'.
6.
Interface With the Licensee and Other Industry Organizations
- a main point of contact with the Licensee should be established for arranging ~~ meeting times and obtaining documeh~ts, etc.
- contacts with vendor representatives and INP0 Steve Burns
Attachment:
Review and Availability of Transcripts l
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V s'
P.EVIEW AND AVAILABILITY OF TRANSCRIFIS
'The NRC' Fact Finding Team has had interviews and meetings transcribed to-assist the Team in conducting its review of the June 9,1985, transient a't the Davis-Besse Nuclear Power Station.
The Team intends to nake transcripts of interviews 'and meetings available for reviev under the following guidelines:
1.
A copy of the transcript will be made availabl5 initially for
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review only to individuals who have been interviewed.
Individuals may read only their transcript, take notes, and consult v'.th others while reviewing the transcript.
However, they znay not cake copies of the transcript and will not be petr.itted to keep.
the transcript until a later time.
2.
Individuals may cake corrections or suggest clarifications to their answers which will be attached. to the ' official transcript.
Corrections or clarifications should be nade on the correction sheets that vill be provided rather than on the transcript itself.
If anyone wishes to speak further with the Fact Finding Tean, the Team vill be available to conduct further interviews.
Further interviews vill also be transcribed.
3.
The Fact Finding-Team intends to give each individual interviewed a copy of the transcript of his interview for his personal retention and use af ter the conclusion of. all the interviews and after erch individual has had an opportunity to correc'ti his transcript.
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4.
At the same time that those interviewed are provided a copy of their transcripts, the Team intends to =ake the transcript,f
' available to the public and steps 1-111 be taken to trans=it the transcripts to the NRC's Public Document Rooms.
m 5.
Trrnscrints of meetings between the Fact Finding Teau and Toledo Edison Co=pany vill be available to NRC personnel (including Region III) and Toledo Edison Co=pany personnel for review.
Toledo Edison' Co=pany may suggest corrections or clarifications, if appropriate, which will be included with the official transcript.
Corrections or clarifications should be cade on the correction... ::_
sheets that vill be provided rather than on the transcript itself.
6.
Copies of the meeting transcripts vill be released to *roledo Edison Co=pany f or its retention af ter the Team has substantially con-cluded its efforts at the site.
The transcripts will be =ade available to the public unless the licensee has made a request for protection of proprietary information in the transcripts in accordance with NRC regulations.
NRC Fact Finding Team 06/17/85
DIRECTIOhS e"OR MAKING
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CORRE CTIONS If you have any corrections that you wish to make on your transcript, please do so on the following page in the following fashion:
15dicate the page. of the correction, the line number, and then the change to. be nade,and the :eason f or making the change.
Date and sign all corree-tion pages that correspond with your
. transcript.
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