ML20140C743
| ML20140C743 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 09/06/1985 |
| From: | Connelly S NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20140C628 | List: |
| References | |
| FOIA-85-766 NUDOCS 8603250473 | |
| Download: ML20140C743 (5) | |
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September 6, 1985 l
f*EMORANDUM FOR: William J. Dircks Executive Director for Operations FR0ft:
Sharon R. Connelly, Director Office of Inspector and Auditor
SUBJECT:
ASLBP HEARIf1G REGARDING CATAUBA NUCLEAR POUER STATION - REGION II FAILED TO REPORT IflFORMATION RECEIVED DURIfiG INTERVIEU OF ALLEGER Attached is the foemorandum Report of Investigation concerning the alleged failure by a Region II official to report information received from an alleger. The allegation was referred to the 0ffice of Inspector and Auditor (0IA) by a memorandum dated October 24, 1984, from former Region II Admini'strator, James P. O'REILLY.
Our investigation of this matter disclosed that in an AT0f TIC SAFETY AND LICEllSING BOARD PAf1EL (ASLBP) hearing conducted between October 9 through 12, 1984, in Charlotte, North Carolina, Howard Samuel " Sam" flVNN, Jr., previously employed at the CATAUBA flVCLEAR STATI0ft (CATAWRA), testified that he had been told of irregularities at CATAUBA by a former employee at CATAWBA, subsequently identified throughout this nemorandum and report as CS-85-4.
According to fiUNN, this information had also been given to an !!RC official, Bruno URYC, Region II's Investigative Coordinator, by CS-85-4 Our investigation did not disclose that CS-85-4 had spoken to either URYC or NUNN about problems at CATAUBA. The investigation did indicate that f!UNN may have perjured himself at the ASLBP hearing. The matter concerning NUf!N's testimony to the ASLBP will be addressed by the Office of Investigations, f!RC.
CONCLUSI0fi AND RECOMMEflDATICN The facts of this investigation do not substantiate that f1VNfl was told of any irregularities at CATAUBA by CS-85-4.
Furthermore, no evidence was developed CONTACT:
Keith G. Logan, OIA 492-7170 e603250473 860128 PDR FOIA FOWLER 85-766 PDR FREEDOM 0F INFORNATION/ PRIVACY ACT EXEftPTION (b)(7)(A)(D)
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which indicates that URYC withheld any information in this instance from his supervisors.
It is recommended that Region II staff be reminded of the requirements of 10 CFR 0.735-3(d)(2) and NRC Manual Chapter 0702-03 which provide, in part, that the Directors of Offices and Didisions report to 0IA all complaints concerning fraud, graft, corruption, diversion of flRC assets by flRC employees or contractors, and misconduct of NRC employees.
Regarding these requirements, we note that although the allegation in this matter was brought to our attention by an October 24, 1984, memorandum from then Regional Administrator James P. O'REILLY, it appears that URYC was allowed to begin conducting his own review of the allegation as early as October 15, 1984.
Because of the sensitivity in handling such allegations, it is important that DIA be notified of these matters as early as possible in order that they may be appropriately addressed.
Attachment:
flemorandum Report cc: Comission (5) w/o attach Walter Magee, w/ attach J. fielson Grace ~, RA, Region II, w/ attach Distribution:
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i U. S. NUCLEAR REGULATORY COMMISSION NRC MANUAL
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Volume:
0000 General Administration Part :
0700 Inspections, Investigations and Appraisals OIA CHAPTER 0702 NOTIFICATION AND INVESTIGATION OF MISCONDUCT 0702-01 COVERAGE This chapter covers NRC's procedures for having misconduct of NRC and con-tractor employees reported to and investigated by the Office of Inspector and Auditor. This chapter does not apply to employees of NRC licensees or their contractors.
0702-02 OBJECTIVES 021 To assure that all facts in connection with alleged or indicated misconduct or improper actions of NRC and contractor employees are gathered through an impartial investigation and reported to the Commission or the Executive Director for Operations.
022 To assure that each employee who may be guilty of misconduct or
' improper action will be disciplined in the same manner as others under similar conditions regardless of his position in the organization.
0702-03 RESPONSIBILITIES AND AUTHORITIES 031 Employees shall report to the Director of their Office all allegations or indications of misconduct, including fraud, graft, corruption, and diver-sion of NRC assets, of NRC and contractor employees; however, when the exigencies of the circumstances dictate, employees may make such reports directly to the Office of Inspector and Auditor.
032 The Directors of Offices:
report to the Director, Office of Inspector and Auditor, all allega-a.
tions or indications of misconduct, including fraud, graft, corrup-tion,
and diverr. ion of NRC assets, of NRC and contractor employees.
b.
take necessary action as a result of the Office of Inspector and Auditor investigations as soon as possible.
Approved: November 26, 1979 l
O r
' NOTIFICATION AND INVESTIGATION OF MISCONDUCT NRC-0702-053 b.
Copies of investigative reports are not to be transmitted to any individual or organization outside the NRC without the approval of the Director, Office of Inspector and Auditor.
053 Report.
Within 30 days after receipt of investigative report, the responsible official will submit statement of action taken to the Director, Office of Inspector and Auditor (see 032c. above).
054 References,
a.
Atomic Energy Act of 1954, as amended, SS25c. and 161c. (42 USC SS2035c. and 2201c.).
b.
Energy Reorganization Act of 1974 S201(f) (42 USC 5841(f)).
c.
10 CFR, Part 0,
" Conduct of Employees," and references cited therein,
d.
10 CFR S1.30, " Office of Inspector and Auditor."
l e.
NRC Chapter and Appendix 0113, " Organization and Functions,0ffice of Inspector and Auditor."
f.
NRC Chapter and Appendix 4124, " Conduct of Employees."
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I Approved: November 26, 1979 i
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