ML20141M397

Forwards Correspondence Received from SB Comley for Whatever Action Deemed Appropriate

ML20141M397
Person / Time
Issue date:	03/15/1991
From:	Hayes B NRC OFFICE OF INVESTIGATIONS (OI)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20141J614	List: IA-91-351, Discusses 910306 & 910219-21 Ltrs Concerning Alleged Use of Counterfeit Substandard Matls & Falsification of Documents Pertaining to Welds at Seabrook Nuclear Station.Informs That Info Undergoing Review by Staff ML20141J610 ML20141M383 ML20141M387 ML20141M388 ML20141M390 ML20141M391 ML20141M393 ML20141M394 ML20141M396 ML20141M397 ML20141M402 ML20141M407 ML20141M408 ML20141M410 ML20141M411
References
FOIA-91-351 NUDOCS 9208130127
Download: ML20141M397 (23)

Text

__

4 March 15,1991 MEMORANDUM FOR:

Thomas Murley, Director Office of Nuclear Reactor Regulation FROM:

Ben B. Hayes, Director Office of Investigations

SUBJECT:

STEPHEN B. COMLEY CORRESPONDENCE I have enclosed copies of letters received by this office from Mr. Comley for whatever action you may deem appropriate.

I have also provided this material to the Office of Inspector General.

Enclosure:

As stated ec:

D. Williams, IG-Distribution:

s/f c/f r/f RFortuna DW/COMLEY CORRESPONDENCE /N0NAME Ol k BHayes ([/

01 f-RFortuna:1g' l

91/03/ W 91/03/fy j

9208130127 911209 I

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PDR FOIA ROBINSO91-351 PDR

We Tlie l'eople, Inc.

of Ilie United States

\\ rop n..,whst Here t).S.NRC f4 E:l FJS I3 M B. 2b

m tr natsictJrE H!ACMt31[RS To whora it may concern, It 'is very evident that the American people do not know about the danger they face from the counterfeit, substandard materials that have been built into 72 U.S. nuclear power plants.

Every nuclear plant in New England has below standard counterfeit valves, circuit breakers, piping, or fasteners, but nothing has been done to replace them.

A recent report by the General Accounting Office (enclosed) stated that "An accident caused by using a nonconforming part in a nuclear power plant....could result in death or injury to the public.

This danger will not go awa~y even though' tte Nuclbar-Regulatcry Commission has beer burying its head in the sand and wishing that it would.

For the moment, the Mid-East crisis has obscured most domestic problems, but the OAO report said_that " Unchecked, the problem could have a significant impact on safe plant operations." This means we

( 3 could have a Chernobyl-right here in New England if these 3

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counterfeit parts aren't found and replaced.

The only way the NRC will take action is if Congress investigates and enforces its authority over the age.:cy.

The media has the ability to cover this issue more thoroughly, thus bringing it to the attention of the public and Congress.

Ironically, instead of protecting the public by trying to solve the counterf eit materials proble'n, the NRC is persecuting me to try and find out who released the information about the counterfeit substandard parts.

An- -

anonymous source sent me information about it three years ago, asking me to publicize the problem because the NRC was trying to keep it secret.- For two years now, the NRC has been threatening me with jail and forcing me toward bankruptcy.

Last November, I was given a period of grace by the U.S..

District Court judge who was hearing the case, but that was based on a legal technicality.

Now it. appears the NRC's Inspector General is. going to resume its harassment of me (see enclosed articles) with a new subpoena f or inf ormation about my source of the counterf eit k-Main Office: llos 277. Rowley, A1A 01969.($08) 948 79$9 A

• Ford. *n nemN o'eraawa 50 Court St.. Pl>niouth. h1A 02361.(508) 746 9300 National Ptcw lild&. 14 & f. Sn.. N.W.. %hingon ILC. 2(61$,(202) 628 Mit Ofhees $ & 6. 3 Pleasant 9.. Conemd Nlt 0330),(603) 22R.vaga h ntwis up wg Rome 9,kcr.n%,,4, y na m en*,.u,,e.,,

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4 substandard materials information.

I have refused to cooperate with the NRC because its actions violate my Constitutional right to f rtedom of association.

This action by the HRC is just cne of the many whereby it violates the democratic rights of the American people.

The agency has repeatedly protected the nuclear industry at the expense of the health and safety of the public.

This coverup pertaining to the counterfeit material fiasco is just more evidence of that-behavior, president Bush appears to be using a double standard.

Even though he is more than willing to risk.the lives of our young people in a war which he says is to protect the democratic rights of the people of Kuwait, he continues to ignore the erosion of those same democratic rights here in the U.S.

The NRC and the nuclear industry need to be reigned in.

This can

- A.' d only happen if the public,' the press andeCongreli" work 1<

n together to tell the truth about what is happening here.

It would be far, far better if we can prevent a Chernobyl by forcing nuclear plants to find and replace the counterfeit

(

parts, otherwise we and our children and our children's

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children will regret our lack of action for a very long time to come.

Sincerely,

-f' A Stephen B. Comley Executive Director i

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Suffolk C20seup certing t/>e nuti, out By Karl Grossman Impodantly, Mr. Comley has developed Another victory over the NRC last year:

To top H off, Shoreham is riddled wlth sources within the NRC. Indeed, it was from a fWeral judge in Wa sh!ngton ruled the NRC

" counter'elt and autstandard " pris. Tha t's the s.nurca that he learnd about the coun.

violatcd Mr. Comley's rights t>y t a rring him the firding of a recent General Accounting terieit and sutstardard nuclear plant parts, from atiending NRC rneetings with posten Offee report titled: "Nuckar Safety ard The NRC reacted to tha t with btiga tion de-like "STOP C}ERNOBYL lERE." Judge 4 Herith-Counterfelt ard Substandard Pro-manding that Mr. Comley turn over to the John Pratt hit the NRC for having " pre j ducts Are a GovernmentwWe Concern. '

government any tage recorAings or trans-vented Comley from cogaging in protected Not only do<s the Shortham nuclear plant cripts he might have mat 6c'~of hisMyersa.

speech tecause they did not like his mes.

contain ebettkal equ!pment valves and fas-tions with NRC ernt'oyms. Refusing, Mr.

p ge."

t:ntrs the1 were "fraudutently produeed-.

Comley charged the NRC with attempting to The antl.nudcar activism of Steve Comley <

counterfelt-and/or sutstandard tecause. gag its *orkers The government got a judge.

tegan in 1986, right alle the Q>ctrobyl ac.

th"y <!o not conform in quality to design or in B<ston, in 178, to impor.c a $1,0%s. day eldent, uben he wrote to the NRC uking oder specifl:ations." so do 72 of the 113 nu.

fine m Mr. Comley, but he stlU bucked the what he should do for his nursing

~re.

ejear ptmts in the U.S-, the CAO fund. 4 NRC demands, uying what was involved' idents if there were a QarobyM

.erupi.

The Nuclear Regulatory Commission,. was a " witch hunt."

tion of Seabrook. W fwmal reply "Cbee which it supprsed to police the indtstry, has -

"If the NRC thinka they are going to, t?e wirdon and make them drirA potaadum been " deferring Ita regulatory raponsibil, squeeze me or that I am for ule, they are lodide."

w4-ity"la preventing nuclear plants from bav.

wTong," said Mr. Comley "I am out to gd laA!ng into this, Mr. Camley ourId IN adc ing ruch parta, cht.rges the GAO. As s rtsult, De truth out afait ne irdustry and a bout the

' vice ridieubus. Althoug!)

i ~.Mida'y, thcae "nonconfortning pnducts e an la ij)n td NRC.".

might blodt radioact!ve inerthere at y result in death or 1.njury to the public and The case dragged on and government pro.

hundreds of other types c!radbaetive

,j workcr, inctcase government program secutors eventuaUy seemed uninterested in sors produced in a cuticar plant u hida would ec<ts significandy, and waste tax dollars."

keeping it going. ht was until last Sep.

be rt! cased in an accident -and no magic' '

The report's issaanee is a tribute to the et, lember w hm Mr. Comley was down in Wash-pill.

. forts of Steven Com!cy, the ownct of a rmrs.

Ingtm demarstrating a gairst federal ruclear.

- Mr. Comley believes that as Mr. Simunu, '

it g home in Rowley, Mass., just 12 stiles policies in front of ne white House. A 11*

Imm W Wbite House, continued dirwetMg

. from the Seabrook nuelcar plant, whose con, mmsine stopsc4 var him and other protest

• the drive for Seabrook, which opened last cem for the people in his care led him to en and White House Chief of Staff John year, he is also in the cente og the Bush learn about the dangers of Seabrook, then of Sununu peered out. Days later, the govern-a dministra Uon's move to open Shoreham as nucleargeweringeneralandofhow the NRC

• ment reactivated its ease against Mr.

a nuclear facility.

,i-b a farte aid how poople all over are endang. I who has regularly cluhed with Mr.Sununu.Comley-no colteld I

.n-He is g.rau5ed thaw GAO has comW cred.

As a result, Mr. Comley, who had teen a But, thla time, a accond judge in B<ston with a repod eennrming what be has teem

. conservative Reagan Republican, ended up'.

threw the new NRC subpcona out, ruling the charging atout faulty nuckar plant parts.

founding the national antinuclear power NBC had no right to issue it. N fine was re, But, he strtsses, the CAO has no a uthority.

gmup, We The People. Inc., ard crusading' duced from the $$00,000 the government was - Il's L*8 past due that Omgress conduct a fu!)

- c gainst nuclear power throughout the U.S.-

sock!ng to the $180,mo total d 1989-sill!

iguityinto De NRCand au Hs co y,

deapite nasty government repression.

enough, says Mr. Comley, to forte him into His work played a large part last year in bankmpicy.

,,_ [jdC '},3D}c$

blocking a high NRC official. Victor Stello "I am elated that the judge has made the

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from tecoming assistant secrttary of energy NRC abide by the la w. We couM have a Cher-In charge of nuelcar weapons facilitics. Mr.

nobyl ce worse in this country at any t!me te.

Stellos didn't want punitive acUon taken on cause of these flawed materials," said Mr.

Triday, Jan 4 3:10 3.38 the parta issue, first brought to light by Mr.

Comley. "Just like the llUD a rd S & L sean.

ygn g tj an 5 Comley's group.

da ls. pwr regulatim and sbppy oversight by Mondab JN 7 5M SM

- Mr, Comley's eff orts havc included ha ving Cmgress have created a very dangcrous sit.

Tuesday, Jan. t 6:50 7:03

en altplane regularly fly over the Capitolin uaum.

Wn!nesday Jan. 9 7:#

7:57

.. Washington with a banner declaring: " CON.

Still, says Mr. Comley, he will not be Mrsday..lan.10 8:42 3:50 GRESS: PROTECT U.S. DEMOCRACY. IN.

stoppcd. "If the NRC thinks its going to stop VEST 10 ATE T1Z NUCLEAR REGt!LA.

me, they're in the wrong country," he was

• "*"8""""

TORY COMMISSION."

saying last w<tk.

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Comley-KRC haf tle P3"E

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Ina)7 not he over 2

O gil?as Law *ver antici* nates new sub*noena i

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B Susa M'addocks subpoens will be fortheorning.

"N R N Staff Iladley met with staffera from The Nuclear Regulatory Com. t'e NTtC's Office of the Inepector 1

Ge 3,y.neral Dec. 20 to discuss Com-rnission is espected to go after anti-

]

nuclear activist Stephen Comley s cue. lladley sajd he can,e m

sw ay from the meette certain that again, this time eith a valjd sub the NRC would not p

y edly made of conversstions be-matter drop.

t the entire-poens for tspe recordings he alleg-g tween himself and a whistleblower

..They have indicated that they g

within the agency

• are considering issuing another subpa " }{actley said. "I under.

The NRC had been tr>lmg to me-stand the inspector genera] himself MN quire tspe :ecordings between inJghtpersenallyissuelt' a

g Comley and Roger Fortuna when a The NRCis mum on any actionit D

U S. District Court judge rtied m!ght take against Comley.

that the NTIC av oena for the

'b "It is assir.st our policy to com-to s wu inve. lid, ey has t' fu ed to any whether the tspes eyeg, mon t on' any on going in-g

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calst

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ve igations," eaJd Jack, Taylor, an - 4

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ass stant inspector general with

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The Nov.19 ru11ng saved Comley the NRC. Tsylor refused to say W

%g3 from going to ust before the whether the NRC would larue an-b Thanksgiving sy, but Com-other subpoena.

gi ley's lawyer does not think his if the NRC laruu another sub.

r eI client la cut of the woods yet-.

,e La officiber Ernest if adley said NRC i

have hinted that anottar See COMLEY, Page 6

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jfNew NRC subp oena expected

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is O COMLEY

' Robert Keeton ruled the subpem tain$d in the aneged tapes - he g

From PDge One for the tapes wu invalid.

hand delivered that information to poena.I' ' ley Nnks he can best iL The controversy surrounding the President Ranger "I am optimistic that if they aDegtd tape recordin i came after The White liouse hu denied this, ut,

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j suo it that we will successfull de-information rup y contained but Comley has a photograph iend it,"lindley said.

In them made headlines, showing him handing Rangan as Comley has successfuDy buten Among other things. Fortuna, an d*P" i

the NRC in twolegalbstues.

NRC employee, allegedly told in Marth 1989, the NRC issued a Last fall a judge ruled the NRC Comley that 59 of the nation's 110 subpoena for the tapes. Comley ig-g had violated Comley's constitu.

pcratlog nuclear power plants noted it, and wu fined 81.000 a day tional rights by refusing 19 allow incloding Seabrook Station - con-until he omd om Wh00. (,

u

• ' him to attend various public meet-tained substandard parts.

In December, the inveetigag. ion 1

Q insulated to nuclear isswa.

tj The second victory came on Nov.

The NRC aald it twded the $.

or ge, cea$to to

, eines they dealt with safety-g

19. The case against Comley was ated inaues. Comley said it al-handle. When this caurred, thrown out of court after Judge ready had all the informaJon con. subpoena became invalid, J 're Keeton ruled.

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tn the reterialu v.".ich crt the v bji t oi une IG..'.> uy.s u ra.

Thus, the offlee of Inspector General cor,tinaec to seek enforconent of the subpoena.

5.

If the caterials, which are the subject of the 1

1 Subpoena, show that the rde employee disclosed sensitivo and

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. confidential NRC information to Mr. corlev and/or [ ailed to_

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dicciose to other NRC officials relevant infortation that the, enployee had received frotn Kr. conley, this would constitute _

seriouc vrongdoing within the Inspector General'a charge to investigate fraud, vaste, and abuse within th: NRC.

I declaro under penalty' of'por ury Chat the'Iforegoing is I

O/ /[TO true and correct.

Executed on d

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O Leo /J. Ncfrton 4,

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December 27, 1990 Maine Nuclear Referendua Cosmi.ttee.

Kr. Robert E. Moldaver Exect$tive Director P.O. Box.461 DTS Portland, Maine 04112

- Dear Mr. Holdaver 4

Thank you for contacting me to express your interest in the issue of the possibility of nuclear power plants being s'old i

counterfeit parta and' the case of Mr. Stephen Comely.

I appreciate your bringing this matter tp.mv, attention.

.t.&..

As you probably know, Jon November 19 a Federal district

. judge ruled that the NRC's subpoena co,mpelling Mr. Comely to turn over alleged tape recordings expired in December 1969. a that:the newly formed. Inspector General's office at the Nucle,nd.

ar:

Regulatory Commission-(NRC)-could.not enforce a' subpoena issued y ;by the NRC.

~

.. - As you may al'so know, some congressional cossaittens have I 4

,Lheld hearings on the issue of' counterfeit parts in the~ pas't'feW '

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(-. years, in particular with regard to the fastener industryr ' As a result, this year Congress passed the Fastener; Quality Act

which the-President signed into law in November.

In addition, at the request of-Representative Dingell, who chairs the i

Subcommittee on Oversight and Investigations on the House i

Energy: Committee, the General Accounting Office (GAO) l 11nvestigated. and recently released a report on nonconforming-

. products within the nuclear. industry and in other industries as

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well.

I have enclosed a copy. of the GAO report for your review.-

The GAO report indicates-that there have been _ some problems "~

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. ith the NRC's oversight in this ' area, and contains some w

Eb Erecommendations - for ameliorating the situation.

a S.

. I expect that ithe rissue will be-further investigated and that more hearings

= will(be. held on this issue when> the 102nd Congress convenes.

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Clearly, this is an issue which doserves further consideration.

I assure you that I will continue to monitor the industry, and will keep your views in. mind il Congress proceeds in its work on this mattor.

Again, thank you for writing.

With best regards, Sincerely, k

I eorge J. Mitchell 6

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Enclosuro.

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Jean, a resident of the Sea View Nursing Home in Rowley, NRC and Seabrook officials by anti Seabrook activist Mass. peers out from the front of a Christmas card sent to Stephen Comley, C1ris': mas carc sencs evacua': ion messace v

home miles from the nuclear plant, ndi. friendin a nursing home,"said hir, By Steve Haberrnan 1 gan upon Scobrod Station cated that giving his bed. bound re.

Comley. "We hase sent out thse Hampton Duteau Chief And wonder yrhe day willcome sideits this medication was the cards to NRC emp o ces to urge

}{ AMPTON --- Nuclear Regu.

For emergrocy evacuation.

only instruction he received u hen them to start protect the Ameri-litory Comm,ission and White he questianed what to do in the can public from the dangers of nu.

-bur, I have my pills, NRC's eveniof a release of radiation from clear power. We have asked them l House officials surely get many word the plant.This response was what to contact We The People or cards wishing them happy hoh*

That all around is perrtyfine; got him involved in his five > car another organization they trust,if l days, but few will make the im-go y

.! Merry! creryonc!

battle against the plant.

they have information about safety pression of the one sent by ants.

i A goo ruftride to you and Mr. Comley, through his orga. problems which are being covered l Seabrook acilvist Stephen thine!"

niz.ition We '!he People, has up within the agency," he said.

Comley.

mailed thousands of these Chnst.

We The people has been instru-Featuring the cbove photo of a in the photo 3can is holding a mas cards to employees of the mental in rescaling the existence ;

resident of Mr.Comley's Rowley.

bottle labelled potassium ioJide, NRC, Seabrook Statu.n, other nu.

of counterfeit, substandard parts in Mass. nursing home, identificJ only as Jean on the coser, reci-the drug prescribed by the NRC to clear power plants acrou the nearly two-thirds of the nuclear offset the effecis of esposure tothe country, the White llouse und 3wer plants in this country and pients will open the card to read ' radiation whwh muld result fmn, Congrew.

as repeatedh sought a full con-this serse:

an accident at Seabrook Station -

"Probably rusi of ilw people prenionaliniestigation into these Mr. Comley, ow ner of Sc.i w ho u ork f or the NHC,o it nude.tr and other safety related problems

,.At Chri3rm.ntsm, from mv View Nur!.iy lhime lad R power plants havt a rci.dne or ut nudcar power plants.

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Federal oifice rm finds plant i 4 Ol e

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parts faulty g a g;j g l

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By Steve Haberman tially repened no problems and No.

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Hampton Bureau CNel clm Regulatory Cornmission in.

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spe: tors at first closed the maner, the HAMPTON - A congressional Seabrook nu:learplanthas hadtore.

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repon bu confirmed that nearly p!a:e tw o safery-seta ted pipe flarges ta o-thirds of nu;leupowerplutsin that did not meet federal standards.

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• ==i, this country are operating with, or of0:ials said yesterday" i

g 10P has e rereis ed, parts not meeting fed-In an 0:t. 4,1988 letter to anti-eral safety standvda.

Seabrook a:tisist Stepen B. Com-

y e,

A::ording to The Asse:iated ley of the w histleblowers* group We Press in a re:ently released repert The Feople. Thomu Marley, then the General A::ounting Offi:e due: tor of the office of Nudear h,d-4 found non-complying fastenersin at Rea: tor Regulation w7ote, *1 state

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1. ,.'r least 72 of 113 li:ensed plants.*Ibe your contein atout the potentig uset's

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. John Dintell, D Mich., had viewed the Scatrook Statico con-M on the the offi:e toidentifyb stru: tion records in accxrdance with

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.J.%., stances in which the Nuclear Regu-, luory Ccemission found plant sup-l seiereras, an

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g te reqmrtnerns of the bt!kt! and -

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.h.,y plicts ;rovided "norsonfocming" M9 mspect fixtxes weredu: aced,

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parts. '

in ec Seatrook Unit I plant. A's>

G The report stated the No: lear port of te licensee's review was Regulatory Commission was* defer-submined toNRCon Aug.15,1968, N

nog its regulatory responsibility," and is cuncedy being reviewd by by not a: ting aggressively etcugh to de NRC stai The a;plicant mus' oversee the parts.

demonstrste to tie satisfactice ofdie Regulatory commission'spcke4+ NRC staff t.at all of these suspect *

..sg man Joseph Fou:hard responded fixtures provide an acceptablelettJ l

'gM that, "We base :pplied enormous of quality and safety.

j managemen: attention to this issue.

"You r.!so expressed a concern te D

p We haveluued any numberof advi-rstding the tho:oughneu'of the N

d scriu to the utilities. At th!s peint we L;cnsee's inspection to determine V

Q ha5en*t iound anything that we that 'counterf cit' bolts were not bidit would consider a senous safety into Seabrook Station." the Marley g

a problem."

lener continued. "The liec nsee's ir&,

h Etsides fasteners, the offi:e te tial inspection. detenaired that the f<

port hsted pipe fittings, pumps, fasteners used in Seabrook Station g

a

• fuses, sahes and cir;uit breakers as y

sete a:ceptable.

sorne of the nt n:oniplying pans cur-FThe NRC reviewed the informa-l 7

ftntly in use in operating U.S. nu-tion submitted by the Seabrook St8 clear plants, M

tion li:ensee. and concluded that i

Seabrook Statinn i Liciah have the a:tions taken by the licensee W

i-p t

i

,a d conshtenti.s demed the sti*n:e of were both complete and adequate. ]

i

% _ clear (Xihty. A Den 10,19W anide and that the (4teners installed in l y

any su%tanlud parts m their nu-4 pubhsheJ m a inint..n tuper. how-Seabrook Station are artertable for {

h*

thnt intended ine," the letter s'.

ents. leiwted I!a: "t h uirl H shi

, ontinued.

How to Beat the NRC Nursing home owner Steve Comley battles Goliath LIIREY1LB in the wirey /J 6 %

[cfag n 1985.$tese Comley w u s conser. and his ilk.

saine Reaganite businessman, the Recently on September 10.Comle) f ogrator of a nurnr1 home on a hill s on a sigraficant coun uctor). A U.S.

./ J 4, QgbA aboic the shore m Rowley, Mus. thstrict Court judge ruled

• y

'Then he got worried about he Seats. NRC had violated hir 4 6: Amend.

rook nucitar power plant 12 miles meni nghta lt goes back to 19F A.w hen aa sy.and wrote s letter to the NRC re. Comley would go to NRC hearings questing directions atout how to evac. carryir3 posters and bumgr stickers uste his elderly clients in c ase of an ac.

and meanns T shirts with slogam like cidera.

"$iop Chemoby: Hert." On Octoter When NRC operations director Vic.

14 t at year,he w as at a public meeting f

h g ] }j ter Stellu wrpic tack ud said,in ef-stout the pdgrim plant at NRC offices fect,let them drmk Jodme, Comley in Rockville, silently displejing a got so mad it changed his life. He "Stop Chernobyl Here" poster and i

staned ta! Ling often toitoger Fortuna.' tumper stickers, when NRC steunty

,g,

-5 a ufe: < minded NRC impector, atwa Mgurds tossed him out and u ouldn't let t

]

evacua%n plans, and ateut fthe ar.d him back trL Then, at a public heanns substandard paris in the Seabrook five inanths later he was tefused ad.

I plant.

mission unlen he surrerdered a small j

L.sier, Steflo claimed t$ e eun.ersa. tag, trough others were allo med to i

tions had t een taped ard that the tapes etter the meeting room with tags, i

wert needed in an " investigation" of large purses end trief cases.

Fortuna's professional conduct. A.

Ccenky took the NRC so carn fee coun ordend Ccaley to turn over tte violating his Fi si Amerdment rights, 1

ta;ws or pay $1,0C0 e day in fmca, t ut and Judge John H. Pran agreed. The Comley etfused (see "Corrdey in the t*g istiteet, Pratt wrote, showed that

)

Twche Mile Zone," Mrocests, No.* "corrJey wu siegled out," and l

l j

vrmber 13,1989). He also refused to arrwurral &"fisWer esuees.: that es.

, k*

, ).

stop blitting Washington, D.C, with deferdants prevemed Comley frwn en.

E.

g airplane ads Ilhe "The NkC protects gagirig le protected arcech t=cause the irdustry, no: the people."

they did not like his rneunge...the de-

}

In the fallof 1989, things sen look. ferdants' conduct with respect to o

ing bleak. Stello seemed on his,ay o Comley =u viewpoint.bined, and l

E a powerful post at the Department of bus uxonstitutional under the First d u,

~

M Energy, and Comley's fines wert Amerdtrami."

7 g

mounting by he day, But now, Com-And now, yet another coun has sey-w he w u astonished by slo devel. simed the clock that wu ticking off 3

opments he himself helped bring 11.000 a day fot Ccenley, On E

about--hu seen an astonishing turna-Novemter 19. federal Jgdge Roten 4

round.

Keetan ruled that Cemley cannot bc

/ Last spring, Stello's DOE appoint. f.ned pst Decembee 31.19F9, sines

1. 8 f ment wu quashed tanuse ofinforma-afler that a differem teanch of the NRC g

tion uncanhed by a Congreuional ir>.

took over the Fortuna investigstion.

7 e

vestigation spearheaded ty Rep Peter The decision stillleaves Com!cy po.

Kostmayer (D-pennsylvania) It found tantialty liable for $130.000 in fmen

]

the Fortuna invest!gstion to be a ands o areement6 yribeen reached 4

witchhuat and dug up other evidenct stout how (or how much)he will actu.

j U

that $tello may have suppressed vital ' ally hait se py. But it snearn that the h

informathn about tafety issues at nu.

fines are not still mounting, and he is

! E g clear plants including Three Mile Is. off the tak fce nu reican$ 13 5 and.

(* hose esistence he hn never o e i %@ I Comley, his organization We the cially confirmedt.

people, and their information about

$ aid Comley, "I w as aftaid that if I.

b abitandard parts was outside the cased in, nuclear u hntlebhim. '

unpe of the Congressional investiga-ers... mould be 6ilenced I am claicJ teon Dut the fact that a Manxhusetts that lady Kecion ha made the NRC j

nursmp home omner was beipp held abede t) the law. unvthir'g wn crued

[

hostag bj an NRC whpoena to the peopleime im1-)m) todolot wie j gr tune of st mri a da) w as u ndcly. tinw "

$1ffh8"If E'8'l l' knom o.md lwi vd draw anenhon to t

ihe mi, n,.d gum i en onguny ot %h-flo l

..~..r.,%-,.....

.ewww.:.tv. v 2,

...w......

s.m u m.~ -

" r.,. r tn ar. Ima r.;,.

u. m r..., :... Iny.t.::

U M /s (p 3sf /) de n g f $.7_';* pit,/

W Suf-ira:.% : w. w.o. w

. UOGE mROWS OUT Nfl0 OW. PODIA 0F ANTiliUCLEAR ACTIVIST'S TAPES A ts. N:ria Coun Wp n Nr.un W i:uoan out h1C'out;oza ior un r:cor@gi $dd 2 t* b sc

cuenis ef 69t).uclev musm Stepten Comley.

In a Netmtcr 19 ct rr.Mp RcAcrt Kecun found that $c subpxna,fisatd uf4cr the authertry of to NRC ctxnmin!cs,tuc invs!!d a the er.d of tut ) eat whc n the s gen:y's birpadent tr.sptor Ocneni tock g c:ral cf th: hvuip:in The 10 ha sutto:ra postr of Ms oci ed rnest deermine wh:thu a new sub-pra is wanuted.Kuton sei ne sdpera

• u imed n Apil 1059 by NRC Sectury Samuel Ch!!k cr. der authority detepted to him t y ee htC corr. nasioren. It timed to forte Cem:ey to tarn uver t.llepd up riarditp of tekponc conver.

n::xs ha had wi2 RepiForte.a. depty dirwr of NRC's Office ofInns0ptos.

h*RC up it needs the ups to wisp up iu r4 o year insedpdon of al'eptbu du CorrJey asd Fortuna itn; rep:ly shred hfonration skut certija ta! car pit.nu.

ne romra inquiry hu bten disnetjitd ty inde;ede rst invudpton,whing thrte congnssional cok. trices. u tint: me can a wit:h hunt. But tMb ageneytu pnisied b lu chus for the u;o, nagsg tlat

~ ~ '

pradons about the CotrJcy/Tertur.: rtladenship simply ca.n't te answetd wh's acceu 10 the rem 41rp Dec ue CorrJey would riot comply with the sutpena, he suinutard stout $ $00,000 b commpt9f.

cxn ibu, about $160,000 of thkh accued tefort the NRC hscot.4 over the hvcsigation to t!v 10. Com!cy b still coatatte for 6:n fines, but he nys be txb the itwurces to pay 6em.

in hb deaskvi, Xcttm scened that if 6e 10 wMes e puwe ihls maner funter,he must famaDy--and -

trde;er.&ndy--fbd that the facu ci se loog nrtrJrg cue jus:ify IrscEg sno6et subpeu.

"Ihough coesreu clear!y wthcched the NRC Int;ector Gueral to ime enfcrceable su de:1eed 6u be 10 rdpet.a pwtr is u 14 rx4 tideprdently for oc purpus of the 10. and orJy aft 6r an irdeperdeni evakstke by it c 10 of the need for indhg t!as pwer,' Kamm mid in ibe ordct,"The fact t*4'.

the NRC tu oegoing ratwera postr ches ret obviate the 10's obUpciz to maks no ledeteslsm &acrmie tktin hsdag 13 cmt st.bpoems."

Th ere la sein e question, however, whether the 10 has the anthorhy to lsn e a sat;+sa b 6h case.

Dough he did not fcreclow 6e ordon, Kecum noted thu h h "dchumble' whe6cs t!* !c;hluien est::blishing the NRC 10 auth:rhu that ofC e to bt est!gue insancu of skgee' reployee abece& set.

"(T)t II debcable whether de (Impceter Genut!) Aa adorlua the 10 e kvcu'pse perblar ks:ances of a'leged employee inbconduct, ud if not, mhether aoother pepet buis for a stb;c.ma would te fou:d to exht,"

K ekn wrote. Itis coun thould not be 6:dding disputable hsues of sawtory lettsprcatbn ad fscasl

('

sqpon for a a47aen shen the agency wtese sui:rity h alluut has not yet ailrused them.'

In e attidavt facd eartier wis the Bor.on cocrt, tro Nonon, NRC's tu'wi ltapector tmern! for inmtigadtm. rcittaed the agency's lo.93 standing psitbn that de tapu att crucial e ths Fert:u,Cc Jey Pete.

"If the mrtfW1, uhkh Lt the lubjtc! 0f the sub;ceu, show that @@!2) disited 12'$vt gnd confi, de.it! NRC hfennation e Mr, Comtey ud/or Ialle d to dbclost to omer NRC eMcInh trJevut bfarcumn 61(he) had recch ed from Mr. Comley, this wuto coradiute serbe. wreeg301.9g within the lancaor Gen:rs!'s charp to hvesdgme fraud, ware, afd abuse withis the NRC?

ne ForemCom!cy sap hu now dragy4 on for mers two years,bu' Norton's s:roeg satental e dse

oun sugguu Ni the 10 hu little choice but to inue another subpoeu sad conunce the controersla!, conly.

nd emtarrudng probe. A negothird se:0cment seems unlincly tuntut Comley, w hhics e potect the mymiry of whisttt blowen who he uys base provided hirn with Informaden.sefusu mven sknowledy l

ht 6e a2rged Fornma tag twc:Eng ctht.

3xg's he is "clate# by Keeton's rubrig, Comley r.rrains distart<d the,it his vie *, h7C hu na w inna,p m,a a.mia # %.ai, imam,p,uinocus.

-we'o.nn vre twere, Cw'r y,a."but t'm not krit es in:h of the ;Unu. ! $ ant to wn 6e l

e. n, a... n. %

THE DMLD XEV S Newburypora Yassac$usets

~

.t _ _;

.. _ r. _...;sse _

m t.

)

NFU YORK TIMES - AUG. 4.1989, by MATTHEW WALD...."WE THE PEOPLE WAS INSTRUMENTAL IN BRINCING (j

To LICHT LAST YEAR T11E PRESENCE OF COUNTERFEIT PARTS IN NUCLEAR PLANTS APOUND L:E COUNTRY."

...IF NOT ENCLOSED WILL PEOVIDE. FDR WRTHER CO!OIENT~, CALL WE TifE PEOPLE, 508-948-7959.

i

)

Report N-plantg gettling} suspect parts

/ WANIIt$GTON (AP) - Nearly reactorjn an accidenti sponsibulth by not ading aggres-ciste the need for-strict rnnfor f

~.ituadfof the natum's licensed / T1e QAO the inv rb.eing a sively enough to oversee the parts, mance with nucicar. quality

.ufl 2r pbntp have irntalled or for Coru:ress, was asked)y Rep.

But Fouchard said "We nave quirements" the GAQ seud.

art suspected of rwelving screws, John Dtngen. DMkh to identify apphed enormous management at-Nuclear plants are desagret to

{

Iwtncalequipmentorotherparts instanres in which the NRC fourwi tention to the' Issue. We have is.

function effectively. even uith

=

th t do not meet safety standa.ds plant suppiters provided *"noncun.

smd any number of adsisories to prottlem piirts. Scott Peters of the l

.u t ur dmg to a congresdnrut forTning* parts.

- the ut1hties. At this point we U.S. Codncil for Encrry Aware Rescat,chers interviewsd NRC ' haven't found abnything that we ness a nuclear industry group

~

s i gert.

j p would corudder a serious safety said Friday.

The issue demands attention, iofne'.als between May 19e9 and t at the parts are not now a safety June 1990 and ev==*~J dozens (I problem.*

"It's a problem in that it should ihr cat. Joseph Fouchant of the Nu-agency inspection reports and. Fouchant said the NHC plans to not happen, but it does and has.*'

l

. Icar itect.brary Commisslora sa:d

' c~-mientions with utiuties visit plants in each region of the Peters said. " Nuclear power pbnts about suspect parts. Some of the muntry twat year to nucss how are designed with such a L1:sr f

su an meerw6ew yesterday.

+

I

/ The most common suspect part duc.unents went back as far as weu the indastry's cuahty assur-conservative snargin. Neve-rthe a

1955, ance programs are faring.

less,this is something the industry l

, f was a " fastener"- a genede ladus.

try term used to describe a nut.

L The repst did not specify which The GAO said the problem is has been aware of for a numter a la.it or screw, the General Ac-phnts actually instaht autwtan-partly due to companies that " cut-years and has been watching for ~

Sax federal agencies met la-a )

.uunung Ofnce said in the zucent. dant parts. It said that utilitses corners ** in snanufactunng.

January. Apd1 armt July and i

ly released report.

• taave in=#a h t riantvmawming A r=^^

in the number of parts in, or are suspected of hav-riew nuclear plants has caused agreed to consolidate information l'tudws reported !!nding non-Ing received them for at imest 720f snany suppners to rhut down or on probkm parts. Ilesides fasten r.ep!png fasteswrs in 58 pertvnt,the 113 ikensed M -len--

reduce product lines. "As a tesult. crs, the maicomplymg parts ime 4 the plants, according to the wer plants" the NRC telieves that some utih. included pipe tittungs pote s/

G AU. Some were iastaDat in sys.

The GAO report sa5d the NRC ties purchase fran vesulors that fuses, valves and cuctut bar.i.

-/

tems sn*d to shut down the was" deferring its respJm*rwy re.

snay not be ramihar with.or appre-the GAQ ssa!.

, +

i The LJribn Le zder g.

t,, _,o _ as,~,~ _. t s,,,a

-m

..e o - m..

. _ _, m _,m,,,,,,,

g Judge's Decision Keeps Opponent

~

Of Seabrook Power Plant Out of Jail Il05T0N(AP)- A Mauechu.

At an October hearing on the and to try to settle the case by setts anti. nuclear activist says case,the government said it has Dec.15.

he's delighted by a federal been unable to collect the Anes Comley,, an outspoken oppo-judge's nnding that r. Nuclear because most of Comley's assets nent of the Seabrook. N.li..

llegulatory Commission subpoe-are in other family members' nuclear plant.has tried for years na against him expired nearly a names, to collect information about the year ago.

Monday, Keeton ruled that use o. counterfelt parts in nucle-i "We won the case," Stephen the NRC's subpoena "ecased to ar power plants.

M B.Comley of Rowley. director of be enforceable not later than lie has refused to identify

' the anti nuclear group Wo the December ~ 31,1989." It was'sourcesTfio told him some i

People," said aner Monday's around that time that the NRC facihtles, including Seabrook, l

ruling.

turned the caAe os er to the omee contain substandard equip.

Comley, a nursing home of the NRC 1hspector General, ment.

an indepeet ent authority that Comley said he may still have t

operator, had thought be might spend Thanksgiving injail conducts internal agency to pay nnes for the dates from

"(Judge Robert) Keeton cer-probes..

the contempt' finding until the talnly made my holiday. I'll be in his order Keeton wrote date the subpoena expirci.

with my family." he said. "I'm that previous court decis ns lie said his next step will be to u

happy about that."

" concluded that agency is 3.ot continue pushing for a Congres-llowever. Comley and his authorized to delegate its sub sfonal hearing..

attorney, Ernest liadley, said pecna powers to its amlistof, questions remidn about whether ' O!G (ofnee of Inspector Fener. p' ' '

'~

the subpoena will be re-issued.

al)."

.i -.

gg{

pg In 1988, the NRC issued the Keeton's decision also note <l subpoena seeking to force Com. the NRC argued for enforcirig ley to turn over tapes or tran-the subpoena anywmy because j g/Q/Q() h$

scripts of telephone conversa ! "the end result will be the same tions the agency belleves he had except that the investigationwill with an NRC omelal.The agency be lbrther delayed."

N h$ h/fff has said it needs the tapes for an

}{owever the judge said ques-investigation of the employee's tions remain about whether the g

conduct.

inspector general is authorized Comley has never connrmed toissue the subpoena.

or denied whether the tapes lie ordered both sides to '

exist.

determine precisely when the in July 1989, a federal judge subpoena became ineffective found Comley in contempt for failing to produce the tapes and began nning him $1,000 a day.)

• • Sununu has a particular dislike for me because the To date. Comley has accrued last time he ran for (:overnor of New Hampshire, I rnoro than S460.000 in nnes.

tried repeated 1v to rive him the inforration about the counterfeit caterials. Ne had me arrested for disturbinn the peace Jan. 7, 1987, the day he was insururated. His own staf f provoked the incident, it cost rne $10,000 to firbt that case.

I t ' F. unfortunate that the indcca in the Sorretac Court of N.11. didn' t find t he t ruth like the lodre in k'ashinrton found. Sununu w.is quot ed as savine. "I am Plad lust ice v,s done."

"80lH-l' Vent u iI I Y l he 11 ut h ViI I rtHue sull.IIHHit lli lt h

. sae ti..m.1 in u in.ti.c wilI lc. hine.

e

h

-4 THE DUIX XEWS Newburywr, Yassachusem

...s.. -... _.,... _......

,t...

Judge: NRC subpoena for Comley invalid k.

'could not,be determined yester.

By DONALD ARIC}iTA

).'U eth y o.c day, but it is expectM to be about

~d*g hy#1.@' d

' ora.ay News service Wi o d.

$180,000.

2,f I ~

(4 Keeton had presented a tenta.

e 7.a'

• ~

7{

M'-

tive draft of his onier to lawyers

-.4 BOSTON. Anti. nuclear acdvist arty nd 2:30 yesterday afternoon Stephen Comley won a mWor vic. V

' a.-

and askM them to renew it while i

tory yesterday in his 20 month bat.

he completed another mse. When tJe to avoid prison for protecting f\\

r..

he took the bench at 5 p.m., he confidential sources fmm the Nu-asked the lawyers to show why it clear Regulatory Commission.

,4/ 2 F*;-

should not become the Anal order.

A federal judge told Comley he

%/ ~

r D,I' Assistant U.S. Attorney Paul G..

is prepared to declare invalid an

. fl.

d' levenson argued that Congress NRC subpoena seeking secret tape

., ?'", J ay never meant for ongoingimestiga-

-recordmgs Comle). supptt edly tions to stop when it created the

-'I -

e kept -of telephone conversatior.s i.-

' gE

'.s,,""

inspector general's of5oe in 198 with an NRC investigator, u.4

=.) He s.rdd requiring a new subpoena f

The Rowley nursing home own-

[!.4 j

l l

' k'ha - tigation and essentially reward P.

er has fought the subpoena sin it FAtM i

Comley for flouting the couM's was issued in March 1989, alleging onier.

It was pan of a witch hunt" by Stephen Comley But Keeton said Congress was the commission to silence its crt. NRC,is now conducting the invest quite specific in establishing a pro-i ties. Comley has been particularly tigation and the federal agency has cedure for subpoenas. He said the vocal in accusing the NRC of pro no power to issue a subpoena for inspector general has his own sub-tecting the nuclear powerindustry the inspector general,

' poena authority which is more 11 l

by fathng to investigate charges "I am elated. }le made rny mited than that of the NRC.

~

that - substandard or counterfeit Thanksgiving." Comley said after

'They are in essence ' solemn parts were used in 59 of the na _ a 4*> minute late'anernoon hearing act' requirements that a coud is tion's 110 operating nuclear before Keeton. Comley,46, heads - not authorized to abrogate," Kee-reactors.-

We The People, an antinuclear ton said.

In a preliminary fmding expect ( group' that has publicized prob-ed to be made f nal next month,- lems in the U.S. nuclear industry.

Comley, who has refused to ac-U.S. Distnet Judge Robert E. Kee -

Comley could have been sent to : knowledge whether he even has ton agreed with Comley's conten. Jail after he continued to ignore any of the 40 tapes the NRC alleges tion that the NHC investigation Kwton's order that he honor the he holds, said after the hearing Into nliccM wrongdoing by agency subpoena. Instead, the judge fol. that he hopes the inspector gen-employee Itoger fortuna endM -lowed a rovernment rwommenda. eml will d op the case.

Dec.31.1 2 -

tion that Comley be fmni $1)"Ju a He said informants and " whist.

Accepting arguments by Com. stay. Comley still will te liable for. leblowers" will be reluctant to ley *> lawset. T.rnest C lladley of - the lines; first set by Kivion in come forward to report problems W urham. K+ttW foun) an mde,lult 14t9. but onh thniugh the in the nuclear industry if they will

p. indent Hasertm Miend. not the. ciut.it last v.ur. The e sact amiumt bemme subject to haraoment.

n w.-

~;_..

M it7bUblOli 3 00C

_m um.x t

i US wants activist jailedfor contempt p g,y pg 3

~~" vensan asked the kop to imprison y

cton swr CoeJey if he d:es not comply mie

- the cour e* der widu 10 dayt Un-Tre goe nment asked a feder-4 der ectiempt ho, Keeton enld jall hdre in Sanon yesterday t40 for the defendet un:llhe turns over the cettempt u avdadear a%t the tapes or untu 2e NRC Evest!p* ion p

Su: lear Reruhtery Commbslon ends.

ays is withh:1de.; tapes that detal)

Leveasa tdd the bdge that dal-

/y g get' ems wieJn the rmelcar indus Jy ect,:empt fe.cs tua2:r.g4tW9% y d

't try.

have a:crued sgust Co:Jey and US Dhtrict hdge Ecbert E. O.at efens to tsve CeJey coreply@ gy Ketten wittheld a decislen unt:1 courael for Ste, hen Cor.Jey, a nure, tit), the erdar "Lsve teen use.len."

J gp S4 ing b:me e;m;ict fro:n Rodry, sad tintion and reput fx tt;es wis sa.

/O /f' Ocmiey t01d the~Ja!p 5e bres-l a US cmey surJt 37h:en arga NRC "witet h=f sad a " ret & tis' rnetts en wheSet the NRC repoe. ag6st the sd. tis antadest an.

l 4 de md5g the ta;es hte Com ge!ratbn, We the Pgk In:.elthe

'i ley is stiD nhd.

Ato'nc Udtal Staica. Ih isB amt (rtups. 1 tham, eccy Ernest Haacy of War sh:r.dd bne the r4tt to gettecvtat sel in CotJey, argued h feds are tsd:s vMdo the endaar that the NRC sdpcca hsued b bdastry and the way the NRC an-

~

j June 1K3 may trt be nbd tes:me, tmis the hdusfry.' * - ~T j ca.

by N

'~

- a m

• 3 eexRe,ibe s,m m,,,,s,

[*,,,,,. -

spectcr stecr:Ts c&e, a:d ret by 6 the tapes.

the NRC belf.,

h Jdy 1989.'Cnley was fotmd ~

Ocmky vm a attemi emrt.

in cette=;t fer isS to pr:dxe f.gttin Segecderek a US)dge t

the tapes, v&h he neither aidta er in Waegum, D.C., rt. led the ece.,

dedes he has-idssion and hs a:xde udety a d 5 Keeten g Te Harry ed Ass!s. censing beard ri !sted Ceretty's tet US Atorney Pad leerrn un rights by thrvwe4 hhn mi of tur-1D !%M to Ge stitten sm::nents. 1:ra rnee*4: fx Nryk anin-t

p. m

/At th start of the heari g, Le clearpcstern.

4 We The People, Inc. is a whistleblower group. ~ We routinely receive confidential -inf omation from nuclent plant workers and Nuclear Regulatory Cornmission informants.

We would not do anything which would damage their confidence, We The People hss set up a whistleblower f und and currently our attorneys are representing ~ f ormer Seabrook workers who allege there are saf ety problems at the Seabrook plant.

Recently, we were asked to cooperate with the Inspector General's of fice of the U.S. pertaining to these allegations as well as alleaed cor rurtion within the NRC.

I

b BostonSunDalpNoix a um :e nt rwt..::mer rarux:w.a n m.awre.s,,rm,,a,_,.,,_,_,,,,,,.,___

SUNDAY, OCTOBER 7,1990 Court says ne NRC's ruks agdnst display eleyN(3 of " visually dismpthe" posters or ALAU signs at its public meeting an a m

reasonable restriction, but it faded to

' g 7p p

gj show that the actions aga!nst Com-yy1

,11 Q

ley were " viewpoint neutral," Pratt uTute.

The court nald NRC officials sin-gled Comley out, aulgned security 7

o7ttar guards to mohr him at commis-slon meetings, and at one point A federal judge has ruled that barred hirn from a meeting tecause

. the Nuclear Regulatory Commission he was carrying a small bag, al-4iolated the First Amendment right, thwgh other roembers of the publie wen allowed into the ry;m a,rrjirg

, f of Steve Comley, a Rowley business.

. briefeases, punes and simuar items.'g man and longtime NRC critic, on several occasions when it barred or

• lt appears that NRC officials Arratal Comley ddferently from othq ejected him from NRC meetinp.

er r.aeting suendees, and that thii The commission " prevented diffenneein treatinent was brJod on

' Comley from ennging in protected speech locause they did not 11e his Celefa views, which no doubt were-rnessage," Judge John H. Pntt of initating and annoying" the court the US Datrict Court for the Dis.

amid.

trict of Columbia wrote in a dedalon

• Ernest Hadley, Comlefs atter-fDed Sept.19.

_ Dey.lobserved: "ne Jht Amend-nent is not based on what guvern-The court held ths.t Comlefs dis.

ment ofneials find dwtressing. Mr.

-.' play of pceten and bu nper stSkara Comlefs conduct was not disrup*e,

~ ~.=

tearing the inessage,"Stop Cherno.

byl Hen," at NRC herainp on the and no one comp sined?.

Seabrook and Pilgrim nuclear power Hadley said the docialon bolsten plants "is protected speech under arguments that the NRC treats its crities rnore harshly than indutry the Pint Amendmenty repnsentatives.

l Robert A. Backus, a Manchester, N.H., attorney who has represerted jIt app 0&rS that Seabrwk op;mnents for mon the a o

dozen years, said the deelslon L

'r@C DiUClalS-showed the NRC has tan kas than KS-1reated 00mley evenhanded.

"I don't think anybody other C,

d((fgren{]), fygg than NRC staff orlicense applicanta C,1 Ollier nieeting ever thought they got a fair hear-

,' attendees, and that-ing,"he saidlemptaining of moe described as the agenefs " barely-l thiS diffemuce in dagutsed cont,rnpt forinterven f i

_ Teatment gag Joseph J. Fouchard, the NRC's

(

l datetor of public affain, said the tA..ed On C0mle),,S-agency is reviewng the decision.

"We dont permit signe orbannenin views...'

H M.

ou d d ala, e d f

--w g

3 yr y

m y-r-

i--ev-y-

=

s-..

=

=w

=

=.r ye--

=w Jam-

=w

-.-w.,-w w-w

-rwev-+c-w-

e

i Court NRC violated Comley's riohts i

d in U.S. District Court in Boston on oept 19 - the day afkr

~.,

W(3 k@M $,N lly KARL StUENCII 8

I.*

Judge Pratt isst.exi his ruhng - sarking a heanng to fg

• C ? <':t- //

address Com!cy's continued ref.asal to comply w1th the o.u y n s stan "n.,.. 3 y p-s

• k gg amrt order and to find another way to force comphance.

t

~ ' ' hY'M$*

schedn1M

w Nuck.ar Herulatawy Cumrrussion vuh.vi Howley levenson said yesterday a h;ar'.ng has not Set t=<en

.a i.. 1.ur ai timt Stephen it. Condey's amsntutional 1

If is Undispuled Congn.ainnal inquhies into the invar@ths torpe-

, ut, t.y turnng hun from displaymg posters and bump.

-i u n at NHC meetmgs, a intem! Judge has rum 1.

del fonner NRC staff dhictor Victor Steno's chances at

. h -t.,

J..tm it. Pratt of the U1 Distnct Court in b l

gg, gMyey m a top atomic weapons post. Stello wuhdrew his name from

..a.m.: *e usurd a summary jut.gment Sept.18 saying - 't singled OUf.

coneratim after a 14 month tuttle in the Senate over

. NkC smgint out Cumley in kaesing him out of some t

s g g his gMd-n"21 rinminn'=

) ' 1 I; '**,

15 '

//

Stello helped direct an inquiry into the relationship of l

4.mauam manngs and stoppmg ham from displaymg 1

1 wen at tkrs

[ ~ O..'*

lead NRC investigator Roger Fortuna with Comley. duvc-

.-.r"ed 'N

-- Assip W A. M tor cf We 'Ihe People Inc., an antinuclear grcup of tus 5l

appear. th t NRC ofBcials treated Comley different-n.an utkr n.cetug afteri ses, and that this dif!crence a

own creauon.

i a is.atnwns was hasat on Cornley's views, w!uch no l'

An upstate New York nuclear plant employee aHegt<!

)

.<re arntatmg and annoying." Pratt ruled. *lt is stephen B. Cymiey s a.:

Fortuna dai not pass the whistleblower's trifotTnacon a.tewint attat Curnicy was smgb1 out."

$ Lou 0 added each day he rettises to turn over reputed tape through ofDdal ^2nnah and instead tipped off Comley.

4

]

hnwhil.. the US attorney's ocice in Boston is press-Itcordings he kept ftem conversations with an NRC

'ltree congres.minnal inquiries rmM quescons about

{

as t..r funtwr enfortement of a contempt order agamst inervitor. Comley has not a mtnad the tapis* the investigation, one findmg Stello probably tied to l

..rnles t=<r suse he refuses to obey.an NHC subp*na.

ensterwe.

Onnyrass in swarn t=rimony.

t..enis aheady faas fines approactung sco.ou0. wuh Aermt US Attorney Paul C. levenson fUm! a motion Comley, page A8 i

i COMLEY: Court rules NRC violated rightsu 4 0

1 Conimued from page At eMming the NRC's actions denied and tie to d$ play a **We'T$e Peo-j A.evres.unal submmmittae his consatunonal right to free ' ple" T4hirt.

. Z j

atw text the NHC amtinued its speech.

. And during a rannan in a r-*

ua nncaasm. huwt retuwt nu-In his ruling Judge Pratt stipu-March 29,19ts, meeting in Boston

[

U xar tu ciumg Judge Alan Ro-lated the futlowing facts vsatal and awened the Fustuna

. At a Sept. 8.19t.11. trweting of, of the Atomic Safety Licensing i

g floard.an arm of the NRC Comley f

aw-7hc highest pnonry." despste the NRC, SteDo had Comley kept ' was not allowed to return to the Y

!ll asur ruutu o that Fortuna dal under close watch by two secunty moeung : nom with a aman bag.

l 4-.oang un.ng oth-rs, who removed him fmm though other members of tha pub.

j d

Tbc N1:C taquiry contmues the meeung when he displayed a, lic were aDowed to carry brief-6g!

4 4w jl

ta.wh t! i.thce of the instattor We The People puster. Comley was cases and purses into the suom.

r j%

'f 4

,vaw iM. swwly created wittun the lateraHowed to return and remain O

. eix y in the room whi'e he displayed a Pratt rubi the NRC has author-

.M i

2 repn=1uenon of the U.S. ' ity to bar the display of =Aters or

{

Y

?

t Inctwm. m x.k4ng the federal Conantunon.

other actions that may cr'Arupt -

M

.- a a tur a tw. sang on the Comley

.Comley was also thruwn out of meetmas or distract partidpants.

I j

o.s.p.. ua. sua the unt=,ctor gen.

an Oct.14.1908, meetmg fur das-Liut such a han must be apphed

. t..!..am..:...mp3 rte ha mvest:ga-playmg "Stop Cherswab l liere" evenly, said the judge.

j i

I i

7 3

.a aah.a.t tt - tapes.

bumper stackers. lie was not al-ths nding said the NRC bore the j

G t te.h3 s.ud the Forttuu nesti-lowed to return.

tenien to prove it had be.n even-M v

6.n anu wh evna are * ~ t of a

. Before an NRC meeting on nanded, but failed to do so. The,

p t

• in h tu.nt." teruught on. oy his Dec. 21,1588, secunty guards re.

NRC also failed to show enenby's c.)

1..ngimie a ntkism of NRC ofR-quired Cordey to give up his pos.-

displays actuaHy detractawi from

- x

.s.us.ewia!!y Strlto.and berig ters and bumper sM<-rs before the meetings; e#

t to ha occauun.d acetion from t=ing allowed into the meetmg ment and did not order,).puritive Pratt snerely entend is judg-

'~

nartu a roum. Comley was aDowed to stayr b

• Gmkr tht sct! last year, when he removed his jacket, shirt measures apind the NRC. 4 DQ s

1 PortsRouth Herald P emmm mwes.ewan Nucl ear woes don't surpris'e activist k CHRIST OPHER COMIORT bh restdent Reagen occurt eht; J. Norm ehyQ eaUed "in%. wide N 355'a"W'def problem," according to Mr.

og a Rep.2blican fedraiser J.7 a r h of the Ke atsf pangy 2r comley ras cQ.Le,y n Octoter 1587. In A ust of 1568 Comley,13 the re< ult of p,riq

.he NRC wrote Mr. g+mley say.

p"M,e currently have C

P O R T S M O U T ll - A n.

Mear. rra< tors wdmentriorirg they wcre fint alerted to the 11dfon.lflhrL3 rem g

ch do nM an in on aleat a(tivist $tephen in.lg sa)5 he's r.ot surprised mi rn;romum Handards set t#_

faulty materials situation in vestigation on sestral topics Mr h M rr Bec.%rv Com. 97NEL d January of that) ear.

Com!cy and others t. age raised and at Seabrook it would te or:

m& L 3 t. Wa.

a_

' Mr. Comley asserts that the

? ' er qQf nadpve comreenM h_

l Mr. Comley says the NH

! reports of different w elding Ne :'rp t a FinrM meh ul!'1 m!r m ee V-knew about the situallon before

{roblems at the plant," Mr.

abnda rwa [u riMiFITu6rt ; k n-l m at kant

jmMgg (Januarylica.

,"" r..ar

.rt fer rion ssid.

4 j

[

AD "I've continued to ve peo le '

11e would not, however r

%t uetk, thRiibent a ile said he's en worurg th in fashin ton this

. format on comment d9ectly on the status of in ng 4 Inspector C,ennal,"

the imesugaHe tot said ll we htter to of ficiels at Florida brit'g this fact to the attention of lh' N'P"I'llean activist said re.

can see a ned for Icnktr.g teyond Pc4er Company's Crptal River Wuhington officiala for cvu two I"fI'f, to oxuments on "cw Scabrwk, we will.'

nu< la at plant saying a l'.0,vo t ea rs.

Yr Ior f re N odey fa$s a

ser io e anta Mr. Nortm saW H tMu are ore na w ro i

,,g n t s W ITITR in_

orrentration _We The Peeri e ar$r ea$t or af

..]

at Ang]

I inb uiuti.cr.,

tion ikave Reagan the informa. ft would te the NitC's res;onsb y.1

_.e o gr ite r.

October of 15e7 but,dou Nih t

([rbSned m

Ed b

' sal t e prot ly flity to determine what course to bir

}

=

m pd,a nge.

the fme agamst the ilorida plant ho A * " a

"'Ir. Comley said Mr. No%

a w as beir.g withdiaw n '3nme. JJhro 9 (Mt

.. se exc rton 15mdagntMr. Comley tald be also have '

" * 'E r

k r ne

'~TL.,.2'.L'l hn.d@mtm g rn u.rn4 p u txi%tegra hs =of the brief en.

kyp had once told hirn the matter of GC A fi< t

.1 rlr a tion Lrmg inadequate components in nu r

ey..Om ent rurne nt rec.

counter wit Mr. Reagan make tt the commission's mteting on clear plants may te an in-3.. t p. n.M.El m es n not the _

difficult to refute Mr. Comley a. March 1, IMO to ap a

vestigation for US Attorne k.h~NnN b, Tt e' exchange with former w er Ucer.w to the biros ehd MW L NUM )

ak "Of course Mr 'Im rr.burgt q

yyy*gfq;

.spu

,Q g[F q*,/*

Mr llovle. In a letter to Mr was the goverer of Penn l, ' g.

4.

t '. '.

a.

. 'g %g rpy mT.g gji ( g,7 g g -- sylvaraa durirg the f bree Mile g

gr 4,.

M,,)\\ s;

' h[,Q i,d M

f Le f ora arded the ir.!orrr. con to Island roserup." Mr Comley r' 4*Q j 3

h EQTICT~ATT36WFpt?T* said.

f P

N i

bM-

, AW~v' Q3(%wtv. @o. W 1

^

M.s

.J Seabrook ordered own tutdown e

(: 4 q...,

n e,.dD J

F,$ t,,

PORTSMOUT11 - In a Page electrical grid em b M,K

, g' )f s p* :,

n e6

.9 i story Monday, May 7, concer.

'ne scraton. incluirg Sen f <[h *'7tj.h ' ~N..,..

^

Ut ning the request to Cog. Judd Elaine Krasker of Portsmouth.

q gM O -)

y Grec from sac De2nocrotic state said in the letter questions of

, j N, 4 W.,

samters seekir? ap of ruecha nic al integrity and 7/b r f, ;O K $

mechanical and oper.obe

{ 3* vby:.,. -

$bgh, Yo ational operational managt ment need to i h'J

[ d*j l,

pvt a

+T prot.lems at Seabrook Station, it te ansacred and an indcpendent

- Q ! h' D k

p-p is stated the latryt shutdown was tmestigation by 6n organ tation v7 3

.C s

ordered by the Nuclear Regula. such as the congressional Gen-7 e

fk

.I' tory Commission after turbme eral' Accounting Office cr the l

N

},

.p'y '

'g

g. Nd bale vibrations exceeded all wed state attorney gorcral's office

~

yI', firnits es the reactor reached 8 would tell what remedial steps T

s-percent capacity.

t eed to be taken.

.U O

- r

-b',

Ron Sher, a New Itamphire

~

Yankee s;>ckesman, said Tues.

The senators said they are i

4 d

day that was incerttet.

concerned with the future health

'.h O

tl e

./g tee Nuclerir Regulatory and prosperit) a the peepic and 1

^

l Commission dad not order the are not actmg as a partisan

~

h Seabrook Station shutdown organization in the dotate over A

he said, nuclear ica n.

b Sat rdaE,Stabiril 28 N

Seafroc on er.gtneers and New Ilampshire Yankee said in '

h

'.;ld senior management made the a news release the tooifications

/

+

deckston to de.ay testing for four to the turtme will imohe in. !

1.

]

h, P

to six wecks in order to rnake stanmg four m solid rnetal rods #

F gtfications to the plant's tur. {o r[p[a re is

,g j

4 g

4 lC lle' further said turbine vibra, of the turbine blades in one sec.

}

gN#.;

N

'A l'*-

tion of the turbme)s to the tu and weldmg tions did not exettd allowable

-Dd%

limits but that Seabrook Station the sohd metal rou of the length of tirne '

4, t

d c c

in e M to make the mosea-New England electric power grid.M(fon to the turbhe, l

• • • • • o*

senior could catne a srecific section of IN PERSON Antinuclear activist Stephen Comley, lower h k,$8g Qe md ar ca th left, pasbes information on inadequate,puclear rasctor $sfety. je b

ate

.a 4 components to former b esident Ronald Raa,gan dudng a Mec Pr last Satgda, f.,,.

the

_noubncen tui.drasar en et. 20,1987. ' _ _

g.g 4,uw. magn m i,,.

,st.

. n.,....

L,

. Nuclear Agenc.)? Aide Gave FalseReport,InquiryFinds %g R

Q

8) M4TTilEW L.% ALD g,

M[. De [;Y [ ]y i

The former chiff of $taff at the Nu' Fortuna was suspended frem bs jcb Commission gave and then transf erred to less imponent clear Regulatory tory infermation to work for several months Afitt subse-E

• h

[.

f alse and contra.ic Congress, says the commation's tre quent mvestigations, he was remstat.

f.1 %s y

W]e i

\\

spector general who has sent a report ed.

ui

%4

.N' on the case to the Justice Department

,g, g pp,,,,, g,,,,3, for DelaF

[*Y. '...

y i

n for possitie enmma!prosention.

gv w..%

The repen said the former chief,Vic.

In the re;crt ettained yestercay, the MLQ t;\\,'

w

~ij ter Stello Jr., alta impreperly delayed inspector general. Davio C. Willams.

an m$estigation of unsafe conditar.s at cencluded the t the $6,000 paymeot m as Yrd.,4h i

h a

a nuelear reactor inupstate New Yorit.

Justifie? Bat he to.md that "there was

'y;

g. y it, y#.,

g"', ;y No The insMetor generars report is the no apparent reason" for a delay to in.

A latest twist in a complicatM tale of in-Ve:Miettrg the allegations, which tr>

'{'

rt <

9 volved falsification of tests, and drug Q..Q J

ingue at the agency, which oversees

%,S h,,

the safety of etvil.an tactest reactors.

And wicoholuse.

Mr. Stello had maintair'ed that the gg g

The aff air has already cost Mr. $teho pnmary reasor, for paymg the m g g p" clear Regulatory ancther lot; he was nommated fast fortrer for the tags mas concern for of staff atthe Nu

)ea r by Presidest Bush to te in charge of the nuclear to nt complex as Asstst. health and safety, but, Mr. Williams's Cor.rnitsion, gave false and con.

i ant Secretary of Energy for defense report said Mr. Stelle had deled. tradictory inferination to Con.

g 3 W c d ts W eina p arr frore e to i n in p sa r

o ing in a letter to the WNte House that rnony to Congress that he delayed be. gc ett!has found.

cause he did rat want tip eff Mr For +

A the controversy'over his tenure in N: tura Eifthe comthTIlion had era. 1* *

~'%

4 previcus job rmde corJarmauon Im. muratated with the informer, tut the e p;rrved ty Mrs. Connelly, a Ccenm!*-

4h p,-

m, j

e crt otulned yesterday said that slon efttctalin charge of finding vrteg-

'$t Js argurnent is not crew, ble." Tredemg tn the ngency. Mr. Forama's dM-NN

• Do(eg an Outstanding Jr#

N N,,

Mr. Stello ecw ssMrdus prepara*

dela y contmued even af t e r M r. F ortz:na stcriinvestgates wrongMng by hold-uons to reo;en several muelcar weap had teen told atml the informer, the ers of hcenses issued by the commla-i N. s ona plants that have been shut for Lnsrectorgeneralnoted.

storL Mr. Fortuna nid re htd appar.

j safety reasons. The Department of Mr. Wilha ms ettled the ttreestigatkm ently earned her wrath by test.lfytag

,s,

" untimely, disjetnted and tncompeete.".agamst her see years eartier, whem Of!1ctals of Sharon R. CorneDy's of Mrs. Cont. tty was accused of to Uq l flee,which conducted the lnvestJi stkn thaeld her deputy from charges

.a t 4

eThe latest twist Ffaue io ame indimusts their me deputy had e.ngagee in sema.u-

. tights," Sand the report, addies. *this raisment.

A s;desman for the Offke of De-In a ta}C Of j fttlure violates til princrrks cd fair.

fense Prcgrams at the Departineot of i ness in ecrductmg trnestigatums."

in a cover letter. Mr. Wattsms said Energy, where Mr. Stello now worts, ggtp},

g ggg%,gcy jgat mrerrtatro in the trien had betn! said yesterday that Mr. Stelb wt*

6 an unsafe reactor. i referred to the Justice Department al.1 travelmt and would have no rotorned.Ma c

~~

nasa fo.rpsm enme.ai p_rmecu~

IIEn'"TTi rtport said that some aEc{a' ccmment.because to do ao would Yk>

e trans, il trwe, would constitute p r}ury.

late Mr. For.una's pr1vacy.

In addition to Mr. Stello, the regni Energy said in a statement yesterda that he is *cotna an outstandmg job.X contains eMence of possible wronbtk>N I g*g'Q % M U[Y ing by two b<esugators in Ma i 6VSSTANMRh fAf'.31MT HIST and that the snspector rars report nelly's othee Ild "

rt bill f a v bnn ~

' Dalla 3. With Radiation' S NbbOh story cf conflicts that or.e Cmgress.' Q MfMS s te Wovevi into the invrstigatke.ts a ;

these ttsves to a close;

~Xt the center of the conflict at the commission is whether high officials man ilkened to a soap opera at a hear.

there, with the approval or involve. ing last October. Dallas.' with radia. g g g,QQ&,BR@()h7 '% l.M. I'l Representative Peter H.Kostmayer,a' $gC hTfhCd6D b,, bq bg gg Hon"is how the case was de:cnbed by 1 ment of Mr. Stello,ined to oust an inde.

pendent safety investigator, Roger Whert a former httrument technt. man of a subcommittee of the House Chb gg

• Fortuna.

Pennsylvanta Democrat who ss chatte

./

cian at the Nme Mlle Pomt cyclear IntenorCommittee.

complex 19 Osw egoi N.Y., toldihe com,

r. Stello had a public confrontation

/l mission that he had information absutl with Mr. Fortuna's super 6or, and was 1

safety problems at.the reactors and hostile to the mdependent investiga. '

tapes of telephone conversations that tor's ofhte. accordmg to testimony be-demonstrated wrongdoing by Mr. For. fore Conpets last year. The confhet tuna. officists flew the techructan to apparently stemmed from Mr.T57TJ Wa shington and ps td h!m le.000 in c a sh na's e!! orts to lay the groundwerk for for the tapes. even theugh the commis., criminal prosecution of uuflues that slon had the power to subporn the ! viclated nuclear safety laws. Mr. Steno tepes.

sought to bypass prosecution in f avor E v entualty. many of the charges of correctmg physical problems. and were substantiated and Itagara Mo peeping reactors running

)

hawk Pewer corporation..which owns t-The irnest4gatu.n of the Mr. Forturf the reacters.psic a fine of 150 000 Mr. land the New York nuclear platt was

p I) 4

,s em. e, n..

.. w.,...

NEW YORK, FRIDAY, LL i 1.H:. H 99 1

I N.. _.4 1.'. p$. f._..

h,,g _

,.. N,

pL,f; p

peca.

s r 1 '

1 i'

llo's, St. arm Cor.nelly Sestral ) ears 1,

c' A*) JA i

• r,lfJ W p.s,,, N,e

{M) f, F 4 M.f -e f %,' b j M t".

4)

L w,

J.J

' eartier, Mr. Tenes had eitmsed an M

L i d

.t impre;ier atter41 by MrL Cont.eUy to J

g y

p/'

I r1 U

fi shield one of her rubord. nates from a g i y,

cu rge ef smat harnsment.

Jp-i,$*. %*<

q 77 i ' '

I s

4 i<

g.eme.e m,_ v 1,.

p.n,.,

i #, p..

y, &-

h,.

J n e heartet today ts not fo rmany re.

y r sene.t..nt-er ten t!we wm~r 4

k.

p -

y K0fficial on Nuclear Pc'1el g,7 """ * " "",, g ;JQ M.j( ;y. i h w.2 fr 1

4"t*r*'"'m s4 g

g A

Arnong the oder highbghts today%Kw' 'W""M Says He Delayed inquin i

, {M.

L IntoSafetyAllegations

• n ute*d d=ussim of a t>K a

.5.Q J.,

" ?

..'thkh the commissksi received fro r si Ithe hformet in e.xchave for the H.DX

..f--

• y on e

I

!ared wttch did tot at; car to imphtate

.-*,,qp $_

es

' - By MA17 HEW L % ALD Mr. Torte.a after att A judge L; red by' g

i' S. @4p7 p!J f.;i n g.%J'%,pt s,

. w r., n.. i,$ t.

'the commtssim to invest; gate Mr. f tr-4.-

v' h

I'd Y

D N

T.-', pg -

• M, p'

• g tre e f

t e

• ~

~,

3 to v a m m.u.io aano, wN m Ddpite a spirl'.e4 encharige t etwter,

,g. 3 y.ph p*$

y ken pm,--.;rm as e nm,,a r pari"@

also apptated 13 a Witriess, it was,, {g.

nes ihen be r aJ = cp vc rei lor snN -

Mr. :oatms),r a3d Mrs. ComeHy, w hg 4-

.m gg f*p *,".), 4' f t

/ '{*

e~ r'ihn sue.a.i W. M P r ow"W f,3 3

_ A M M.Q.", A A w never made claar exacty shat Mr. F or

,dy MC,tM

. n D' e me m m evere u tets.

i.e ev w e ee pmr a rJy t rut

%, # ;,,,,,,,,, u,, g,,,,,,,,,,,,,, % g,y, g l, g y Dee forret r o!! cial, Victor Stelb Jr,

% a,ge,w, c.

,., i,, w s,3,,

u...we i, s,w, i,,,,e g.,2 o, nm 14 President Bush's comtoet to tak w i * -e.w w evrew.Weyi,- es sw m.,=.a.

'tharge of the Energy Departroent's trwbeed nuc} ear weapons cc:rpict Hs U

r **

k

[)

ic4d a Congressional subcommittee to-I' 8

I T10WL

, A 94. Ap day that a techmcian at the plant ute made the allegations also provided k j

Iormatkin that could impbcate anoi. r.

offactal at the Nuclear : Regulatory 3,

.Commtaakn Roger Fortur.a. -.

tuna was being a ccused ot.

hia Benanta+"taba'fsNtice m ei

. Mr. Stelb said he deferred the to.;

'quiry lato the safety questlara tweaune Mrs. Cannetty, shttse job is to inves. : rm n tar mr;:te of the 5-1 and he wanted the investigation of Mr. l.tJgste wrtegdoing by commission em. p*v. en a m in *.e. Hamre.

that would have alerted Mr. Fortuns playees, said one Im" c'te t cui~ pir. Toriwna. wra is a formet assisb Fortutta to proceed in secret.

i

,,3, a,i,v r e-t um r o s m:,eg ant d: strict attomey and prosecutor, smd in an Interv ew that Mr. Comley

• But the investigation was not sectiet,

'" Y8'"W 4."'3"8* m - had revided pri;criant safety infor.

en b &nW e in n.g z because invesugators tip;ed their hands when they sought to question Mr. '

i.!? " "I o ""*N"

' P ' ' ' N t ",

mation and that he a as cultivating the 4

yan as a source, after the techntenan rnade them, at. f. '*"'. "Fonuna was deputy director of N Also testifyira w as Ben B. Hags, the

n Fortur.a on the allegations only weeks Mr I the Office of Invest;gations, which diretter of the O!hte of Invest:gations, cordmg to testlerony today by other <

M s inu aHegsuert of w ront.doinp. at who said,"In my 27 years of GoverT9

, commission cf he:als.

nuclear plants He hn been on leave ment senice.1 have never se:n an in-y Q.nestions on Stello's J udgment for seven months and u t'ow ersigned uthgaten as perverted." He praised; to a job in the agency's F. redom of In-Mr. r ortuna.

t. Mr. Stello agreed with a comment by

-formattori Office. Mr. Fortuna said to-1he hearing ledsy fotows a report the chairman of a H0use Intenor sub-day that he has spent $EO.000 on legal by the Senate Co'.ernmental Af: airs timmtttee. Representauve Peter H. I and other expenses, most of it tuar.

Coinmittee th.it aho cast doubt no Mr.

Kostmayer of Pennsylvanta, who said I trwed f rom his parents.

SteHo's judgment. The chauman of It cas a " stupid oversight" not to ask.

8 N '" " " " "! *

• 8 "' '"'n ra.

that commitice. John Clenn, Democrat for a prompt mvestwuon of the ane.:

1. " h use n WeOn;< iloni w a { of Ohro,has not tak:n a pubbe pesition yattons, whch concerned the 'hne Mde t Point i nuclea r plant m uswego, N.Y.

F * * "," 6 a u e en or en the Steno nominatice., althonh he r

everwen ana r 9c.uk ir* origi. ris i sits on the senate Armt d Serwces sub-

• %Mnesses repeatedly cast doubt on

> m e a6 n< r o+ con.....,

a..,.., gommittee that vili tal.c up the r.att ar 6.,nn.nc io prem, cou -nu i., rne J.-. I rst.

j "Mr. Siello s judgment in approvir g the investfganon of Mr. Fortuna. phleh was an unprecadented procedure for -

9e Nuttrar Herut.atory Commission.

'thnttra ed.i $0.000 rash payment to -

ine tec f*

man sei t ot m. enngs in hotel 4 rooms unJ atip.isem vn latsung of the l enmnowinnN ha'otted on resperling i the ryhtr, nt org'pt.of invr*Ogatont

..nd nihes t.ud theli Mt 1;ist ".m I t enun to, trie ins e oc..h in u! Mr Fur-i.t.uia e.i

. ept in% f* ud betwren e

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1 63iober 9,1989 51.75 U.S./52.25 Canada ED11DRtAL t

Stop Stello:

laor SteDo has been appointed by tbc Bmb Admin.

m a bharte related court case. SteDo forced a subroena on V~ exceeded in darderous had judgment on istration to head the national effort to clean up '

nuclear opponent Steven Comley of Rowley, Massachusetts.

our crumbling nudent weapons fa:ilides-a choice Comley has rnade national headlines T charging that as rnany as si. tty nuclear rea: tors in the UnneWales may have of Dan Qua)le for the Vice Presidency. ne assignment could.

been built with suhtsndard counterfeit parts. Ellison has

hardly be more emeial. Desphs the best efforts of the mDitary WComley has tapes of conversations that could compro-i to suppress the story, there is a national consensus on the mise Fortuna. Stello wants the tapes-which may or may not -

desperate need to clean up out dilapidated nudear weapons edst-but Comley has refused to comply with the subpoena, production industry. Sesenteen facilities acoss the United has been fined thousands of dollars and faces jail. "What -

.1

. States are so badly po11uted with radion:tive waste that some.. -

the N.R.C. is doing it trying to get more goods on Fortuna,(

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. estimates for cleaning them up run over $150 bulion. Dev.

• says hbchast.Mariotte, eaccutive diressor of the Waahing-t astating heahh problems have already been documented

.kn# sed Nudear Informadon and Resource Scrylce.'Y

- dow nwind from the worst sites, such as Hanford, Washing-

. Ste!!o's confirmadon hearing will take place this, fall,

' fore a suh attee of the Senate Armed Servkes Co L ton; Savannah Rher, South Cuolina: Temald, Ohlo; and itt

' Rocky Mats, Colorado.

, tee. Key r

tee member John Glenn has told his O,h

. As caecutive di*ector of the Nudear Regulatory Comm19..f,,

constitues.c

. ne wQ' oppose the oomination. That could ; L.

.m sion Siello has never favorediegulation. WhDe supervisit leave Steco's n in the hands of committee chalt Sam Nuna. M^^

the N.R.C.'s investisadon into the a:ddent at nree Mile --

During SteDo's two decades at the N.R.C. he was, as Rep.r* -

• _,_Jsland, Stello omitted from reports to the Justice Depart..

resentative Sam Oejdecia puts it.

• consistently on'the -4 *,

.E_ nent knowledge that crucial reactor test data had bees) wrong side of every issue.... He' stifled ladependent ina -u 1

fabricated; He turned over the data only sher af=daC Mailry, and he was such a behever [in nodes' pq_werJ1hathg19k 4

• f.M.L employee leaked,the story 've.pg.rl.ers. SteSo lafg.

'didn't han the temperament necessary to be a ntchdog of C justified the suppression by sa)ing i isdosure would have tbe ladustry."

HARYEY WASSER).LAN.*

P been bad for operator morale.

$tello also seriously undermined fire prot.ukm segula-fluwy HMsermardar bcen nA on auclarr l' suer sher '6 tions adopted alter a mumm!" ion.douar fire rl Alabama's 1971. / fir Harvey Wanerman's History of the United States N BrowWs Ierry rea

tor ir. aM almost causeL todtdown.-

AasJust been wpublished(Tour Wells E/ght Mndows)."

The fire was started by aportersho war laspecting the plant's wiring whh'a lit candle. De regu!r.thas were forcat!

z on the N.R.C. by the wouin'despite strenuous obierJons) gpm ulibtY comoanies. 5tello then held a series of secret meetings with the utilities and manda !"mterpreta* ions"of-the regulEons thitTriidermined their integt.-.

E ln1965 Detroit Edison's Fermi 2 reactor suffered as-1tmintentiona) startup, which the utibfy failed to repoet to-

~V.

' V regulators. 5tcDo's staff intervenal to prevedt civil or crimi-e L nal action and allowed Fermi's operatingliccuse to remain la -

_effect.

3110 was ' embroiled in a SSmonth Congressional imJ vnficantm of a sMh fund he used to I3Y iormet nuclear -

~

worker Dour l'Illisn for incrimina@e evidenet.agalasLA.

dmident? N.R.C. inspector.' Desphe Ellison's criminal record, he was paid some $6.000in cash by Steto's staff foe

testimony implying that N.R.Ci lnspector Roger Fortuna =

--suppressed evidence of problemist. nudcar plant. Stello hM.10AS.hMilAl war. "N.hforpms, uhn has used his deputy Admetship at tbrM C 's offee of Insemrations to pur.

c semitau.aumuh._hid!mm:ril _

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-r A8 Tna Naw vonx *r!ntas NATIONAL rasoAy,' Aucusr<sser 1 PanelSees AnimosityBehindInindly%,Nshish?;yM.@

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asse,ta at h, tece es connaeMia

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himh im Mu M M lig mT1 stew t. WALT.

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u..ssee said yesterday

%[~'s*-

era and cannot de anything that would 3-damage their confidencela him.

M Mh [Nk

.u s.......a unessis: ta.so at the N.e-Ma, F. r t.tos y Cu m missa.a of said the

>.; e 1

ame.ti, M,. Comu.y was n, s-a day by a Federal )udge in Bossess and ' "QN6 hllI.

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4 J. art lay a high rank-f InVCStigat10n t-4"*j;:3. 4, does co

,g.w,,,se to 51.ees if he OLLIE NO IN

.s a.. pus <d naa.vated as the innes could Sacrea

s. s.c tv. s..a.a a d s se s= mas ta e l.M.'.?s:"' 3"Ji.J";"a,.

wasted money..

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w ecorde w.

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According to stie Senate report. the

.. saa. Q so und= 4. ages 4J sele-

• i[ve$..t

... m. a.aimans arul sesamsusuo sately problems. had raot adequately 4

v<

g

1. - informatlusi that Mr. Fortuna might (jtt 6.M.

4'

t. ave disclosed 1:nproperly to Mr. Com-

%..h sp g en s 4.h other, s. int a ae-h.ssutted sa comgdaants Mr. Ethson

/.

r 4.a t.v ste S n se Goveensuent h dempses 4-ley was that the former technsclan had 4

aere Anname she pancI*s fantaar.s is that la 7'(q'i l T

6-D pleadcJ gualty to attesnpled seaual Y al.use of a 1J. year.old gart. It is nos a... -sps n h s as.=ased unser-seeking anforma*6u.i derogatory to Mr.

V[ g

(*

se 4A clear what informatics: Mr. Comicy

.s...r u =.as as.g.sovnt Ly the Fortuna. Mrs. Canactly asked the age (

h. 'a.- *Q,

N,e ap[.g g/9 might have given Mr. Fortuaa.

a.% s..p stalt e.II.(sal. Vector cy's top lawyer af she could hsre an in-r 1.,;b

.. si. = t.a.se l*scudes.: ttush re-formaat as a "consultaci' and pa y htat "tM ).

hson. the informant was pand.$4.000 ;

bN

' '4 '-

In the dssputed investigatloa. Mr. El-t

... n...a.u s. J so te trad of produc-for information and tapes of telephone "I

.* im-susu.n's ses=dded souclear conves satsuns. l he law yer solJ her that

% - rC,

asad put up sn a hotel near Washington

..;. os.

t.2 Ms.1 cIle h.as snot she prota bly could sant andess puhtac

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• c for two wecks while Mrs. Connelly and hN s

.4.sa w. e t.y the Senate, tml he healsta and safety waslavolved.

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two other st.sfi meinters stict with tum.

.a

+.n e.J ts.c, a.n an. acting taasas last t

j Mrs. Connelly gave him a code name

... a talersaant's Allegations LJantled a h k,. n.s== v== T.=.h azul arranged her vacation for the time Senatelavestigatorslaterquesticaed

• he was there the report said.

1ukatGenetJudgawns* I the lawyer. Withasa Parler, the cosa. Victor Stello Jr. as the top-rank-The commmk.a has asserted that

~

vnaur Jul.a Gaemi, an Otdo Demo. massion's general counset, and he sakt ~ ing mff ellicial at 6e blear Mrs. CMy weated to parlum

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that Asi hindsight he s.*haakt have urged vat =t.o.uhairmanof thecommattee,

. uJ tie enwessiassun showed "an aan. the c-amm= to subpoena the tapes Regulatory Costu nia='e=

2p.

rather than the pes he-

..mty task ut g.m=2 palstament" try rather than pay for thesa, the report proved a $6.000 cash paymertt for stroy the tapes. But the Senate repos1 rta kwel staff sacmters at the cons-sakt-as snforiner sra art internal corn-sak2 that there was ao evidence for that ar.s

a. whah eversca, ciud.an au-The report does not center er Mr.

ac s34.anas Stelig.but at says 4 4 he ruled that the suissionisivestigatiosa.

and that "to the contrary, he was t

t he.esserataun under scrutiny was saformant might have information sma II**"*"I"8 "" 8* P"INIC.

i

- J s.y st.asen M. Connetty, then reacaer safety. The safety agnegations she Senate coansseka'ee c ch.ns a r.J f the u.aiunassaua's Offke of In.

the informant peovkled were so tam.

vestigattest of t*be allegadens M h that the havestigation was nanfair to Mr.

a s..a and Aa.d.sor, agaanst Roger etcW. the Senate report samt, that "the the technicsass Mr. Fa-hans said.

Fortuna. vtulated e.e.hn.6,d princ!-

a.a. thc.a d. tm.s y derer ser ePhe of.

tase can.ht equally be seta that this But the judge is atitt havestigating ples of Internal tavestignitosts and 4 e ut84.* css.g sa.a.

safety rat 6unale enere provided a can.

whether Mr. Fortuna Impsapedy das' shuuld snet have se heavily anvolved sep

~

1 =.P..st ar.a. Mr l'artuna tesstfeed venecat cover to do something that the closed derogatory sedermatlas about ananagement. Th

,,,,gg,,,,gg e investigation, the

.c nst Atss Osamcity wica she was N H C. general comansel had ottacrwese tine inferstner to an amtlauclear eh represented a waste

..w J vs saying so shackt her depi.sy laderated could not be done - putting case or seceived laforsenstaan frera the

. tua-n=3 sexualtearassnnent, u.sneane en stee paysult to provede 4.a.

activist strat 3.e ahonald have passe 1 on

,,f sevesnment funds;" the investiga.

o

,,,,, tsecompetently condixted.

t 4sc 3 s. g. s Mst Connelly, whose los matnam pertaanmg to an internal af.

so ontwss at alte f=Aar Itegnuataary punctuated by management laterven-

.st e t.anJks st.c commissaun's meer. fatas tevestigation.=

Commissten.

tion and ether proldesas."

'I

..a

..cu.piauns. received a cosa-A spukesmaa for the commisslust, Jo- #Ihe activist. Stephen B. d'ac y.has "la susa we f mand very little reason a

s

.a t a Mr l'es6una fsonan a for. sepet Feauhard. sa J that has agency ' heen subpecnaed and ordered to turn for itse course of conduct of this havesti-I e s.4 4.nu a n as sie Nme Mdc Pomt 2 haJ received the study yesterday ap31 over tapes he adsha have of converst asion"thecoassnitteesakt.

c nos.= as us.cgo. N Y.

was studyingit.

tiensbetweeshisaself andMr.Fertuna.

Mr. Feuchard said that the coenails-(' O Q,

st.c f.ars in amenaa Douglas Elli.

A judge chosen by the commission to Mr. Consley of Rowley, Mass who. slon could not casament further be-htves88 ate has concluiled that Mr. For-heads a Branap. We the People, hs3 I cause the matter is still under laterna!

a. Sa:J &sr. IP-tuna, whose 6fface La 5

s"6*4*'* tele I'M aaAang anto reactor tuna had acted appropriately la his he-rehened to testify en peerkie tapes and llavestigation..

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