ML20140J403

Rept of Interview, Summarizing 860103 Interview W/ Zv Reytblatt Re Alleged Misconduct by NRC Employee Concerning Critique of Containment Leak Rate Testing Requirements

ML20140J403
Person / Time
Issue date:	02/25/1986
From:	NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To:
Shared Package
ML20140J389	List: ML20140J384 ML20140J403
References
FOIA-86-22 NUDOCS 8604040324
Download: ML20140J403 (2)

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./ R: port of Interview ~

Zinovy V. REYTBLATT, Associate Professor, Department of Mathematics, Illinois institute of Technology, Lewis College of Science and Letters, Chicago, Illinois, was interviewed on January 3,1986, by Investigators Charles R. KRAUS and Lyle B. SMITH, Office of Inspector and Auditor (0IA), U.S. Nuclear Regulatory Commission l (NRC), Bethesda, MD. The interview was conducted at the office of the Commissioners, .

NRC, Washington D.C., relative to an allegation presented by REYTBLATT of alleged l misconduct by an NRC employee.  ;

i This interview was to have been recorded verbatim by a Stenotype Reporter. Mrs Kathie S. WELLER, Stenotype Reporter, Ace-Federal Reporters Inc., 444 North l Capitol Street. Washington D.C. was present, however, REYTBLATT, advised that he desired the presence and participation of a second Stenotype Reporter, in addition to Mrs WELLER. After rpeated efforts REYTBLATT was unable to obtain the services of a Stenotype Reporter. He re. quested thwt he be provided.. copies of the stenotype tapes following the conclusion of the interview. This request was denied as the inquiry is currently ongoing. He was informed by Investigator KRAUS that he could ]

obtain the doucmentation at"the conclusi_on.of the Inuqiry, under the provisions 1

of the Freedom of Information Act. Afeter Being unable to obtain the services of a Stenotype reporter and denied copies of the stenotype tapes, REYTBLATT ddclined to be interviewed on the record. The interview was continued verbally, He reated

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essentially as follows:

His allegation pertains to an alleged false Statement made by Harold R. DENTON, Director, Office of Nuclear Reactor Regulation (NRR), NRC, follodirg the agency review of a petition filed with NRC by an intervenor group " Citizens Against Nuclear Power'" (CANP), Appended to the CAMP Petition, was a report, titled:

The Critique of the Containment Leake Rate Testing Requirements, prepared by REYTBLATT, which he in the capacity of Technical Consultant had provided to CANP e604040324 960225 hTB 86-22 PDR 1

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. in support of trieir petition. The ag

ncy had densed the CANP petition and in the agency decision paper, signed by DENTON, the reported is labeled proprietary and had been excluded from consideration during the agency review of the CANP petition.

REYTBLATT contends that the report is not proprietary, and is in fact a public docwent. He had prrapred the report while under contract to the Oakridge National Labortaory, Oakridge, TN, in partial fullillment of his contractural obligations. The report had been provided the contractor during March 1983, for-warded to the NRC and placed In the Public Documents Room (PDR), during July 1983. He further sated that these actions clearly establihsed the status of the rpeort as a p.ublic doucment, and not proprietary as refelcted in the decsioon paper signed by DENTON.

As a technical consultant to CANP, he had recommended that they present this report as evidence supporting their petition to the agency, and that in his recormendation he had emphasized that the report was a public doucment.

DENTON's in signing the decision paper characterizing his report was proprietary constitutes a false statement, and was made purposedly to avoid replying nto his report which proved that current NRC Containment Leak Rate Testing Practices were deceptive and should be terminated. DENTON's state,ent has caused him moral and financial damage. He declined to discuss the nature of the damages he allegedly sustained, advising that this declination was on advice of counsel.

INVESTIGATORSN0JE_: The information provided by REYTBLATT during this discussion was essentially that doucmented in his sworn affidavit, dated December 26, 1985.

At the conclusion of this interview, REYTBLATT advised that he has documen-ed evidence of wronggoing by other NRC persoonnel. He declined to discuss the specfic instances of wrongdoing, however, sated that upon the completion of this inquiry,he will provide OIA with the documentation.