ML20153E871

Affidavit of Cg Robertson Re Lack of Util Licensing Engineer Presence at Briefing Given by Quadrex to Brown & Root Prior to Finalization & Submission of Quadrex Rept.Certificate of Svc Encl

ML20153E871
Person / Time
Site:	South Texas
Issue date:	02/21/1986
From:	Robertson G HOUSTON LIGHTING & POWER CO.
To:
Shared Package
ML20153E863	List: ML20153E859 ML20153E871
References
OL, NUDOCS 8602250185
Download: ML20153E871 (7)

Text

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IOCMETE'D i USNRC 4 -

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE 0F Ii1 * /

'l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD hf['ef "

In the Matter of )

)

HOUSTON LIGHTING & POWER ) Docket Nos. 50-498 OL COMPANY, ET AL. ) 50-499 OL

)

(South Texas Project, Units 1 )

and 2) )

A7FIDAVIT OF CLOIN G. ROBERTSON

1. My name is Cloin G. Robertson. I am the General Manager of Nuclear Engineering at HL&P. In that position, my responsibilities consist of managing the Nuclear Fuel Department and the Nuclear Services Department. I testified in the hearings before the Atomic Safety and Licensing Board on August 6 and 7, 1985.

2. I have reviewed the excerpts from the deposition of Mr. Eugene A. Saltarelli (pp. 613-14) attached to CCANP's motion of January 17, 1986 to reopen the record of the Phase II STP proceedings, including his description of the reason given by an "HL&P licensing engineer" as to why HL&P was not present at a briefing given by Quadrex to Brown & Root prior to its finalization and submission of-the Quadrex Report.

3. In April and May of 1981, I was Manager of Nuclear Licensing for HL&P. Sometime after the April 13, 1981 briefing by Quadrex of HL&P (which I attended), I was fG

._.2 --

. b informed that there would be an additional briefing by, i

L Quadrex before the. final report was issued. This briefing would occur over a two-day period, the'first day for HL&P and the second' day for Brown & Root. Ultimately, the briefing was held on April 30, 1981 for HL&P and May.1, 1981 for Brown & Root. I decided that HL&P. licensing

^

personnel would not attend the Quadrex briefing of Brown

, & Root for the reasons described in paragraphs 5-7 below.

. 4. Since I was the individual who made the decision and.I would normally be the HL&P licensing contact with

• Mr. Saltarelli, I believe that I am the "HL&P licens-l ing engineer" referred to in his deposition. Although I do not explicitly recall discussing with Mr. Saltarelli my decision or'the reasons for that decision, I have no reason to question that the conversation took place, particu-i larly since it would have been appropriate for me to men- -

tion my decision to Brown & Root before the briefing.

l I also have no reason to question his description of that conversation, although it is apparent to'me that I obviously did not convey to Mr. Saltarelli the background of my 1

decision and all of the factors that I considered.

5. Since it was intended that Quadrex would provide the same briefing for HL&P and Brown & Root on successive days, I saw no need for us to attend the second session.

L  !

Our absence-from the May 1, 1981 briefing would not result in any failure to inform _the NRC of any item reportable ,

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under 10 CFR S 50.55(e) for two' reasons: (1) if Quadrex provided any such information in its presentation, HL&P would receive it on April 30, 1981, and~would act upon it appropriately; and (2) if Brown.& Root believed that any information it received at its briefing on May 1 war-ranted consideration as to reportability under 10 CFR

'S 50.55(e), it would review and analyze it and inform HL&P of its resulting recommendation as it routinely did with any other such information, regardless of source.

6. I was concerned that our presence at the briefing might inhibit full and free discussion of problem areas between Quadrex and Brown & Root. As a former employee of an A/E (Stone & Webster) I believed that could occur because, in the presence of a client, an A/E in discussing problem areas with a reviewing technical consultant may be reluctant to freely explore possibilities or speculate as to the cause or nature of problems. This was based in part on the A/E's concern that the client might miscon-strue statements or speculations not based on complete information or analysis as warranting action (such as a 24-hour review under 10 CFR S 50.55(e)) on the part of the client.

7. I was also concerned that if we were present during the Quadrex briefing of Brown & Root, the exchanges between Quadrex and Brown & Root might lead HL&P to immedi-

, ately undertake a 24-hour review for reportability under

10 CFR S 50.55(e). The reason for my concern was that this would, in effect, short circuit the orderly process that.provided for careful consideration and analysis by the A/E of any information that comes to its attention before HL&P's 24-hour review is initiated.

8. It is apparent from Mr. Saltarelli's deposition that I conveyed to him only my concern about the immediate undertaking of reviews under 10 CFR S 50.55(e) by HL&P, and that, even with respect to that concern, I did not communicate to him all of my reasoning. *

\' 9. To the extent that Mr. Saltarelli, or anyone reading Mr. Saltarelli's depositlon, reached the impression that I was trying to avoid HL&P's reporting responsibilities,.

I can attest that that was neither my motive nor even part of my thought process. I have always been very con-scious of HL&P's responsibility to be candid with the NRC and to report promptly any reportable matters, and have always acted accordingly. After joining HL&P in March 1981 I emphasized NRC reporting requirements within the licensing department and implemented-procedural changes to make the program more effective and responsive. I also actively encouraged individuals throughcut HL&P's nuclear program to bring their concerns to my attention directly or to other senior engineering-representatives of HL&P. I believe that in my dealings with NRC, I have  ;

always been open and forthright, and that the NRC personnel

,,, -r 4 e c -m- m , -e---- + m a.

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. 1 with whom I have dealt would share this view.

10. The Board's Memorandum and Order of February 29, 1986 inquired as to any knowledge of the statement described in Mr. Saltarelli's deposition by my supervisor, associates or other management officials at HL&P. I have no recollec-tion of discussing my decision or the reasons for my deci- .

sion with my supervisor, associates or management officials at HL&P.

District of Columbia ) ss.

I, Cloin G. Robertson, being duly sworn, certify that I am familiar with the statements contained herein and they are true and correct to the best of my knowledge and belief.

Subscribed and sworn to before me this 21st day of February, 1986.

LY _- n !- ->

My Commission Expires: My Commission Expires pnuary 1 198 5

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00CNETED

.g USNRC t .. .

/

i UNITED STATES OF AMERICA 1M FEB 24 41 $

NUCLEAR REGULATORY COMMISSION OFFICE OF L.:t Wa BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 003Ug . 9,qa t

In the Matter of )

)

HOUSTON LIGHTING & POWER COMPANY ) Docket Nos. 50-498 OL ET AL. ) 50-499 OL

) ,

(South Texas Project, Units 1 ) l and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the letter to the Members of the Licensing Board from Maurice Axelrad dated February 21, 1986 and the " Affidavit of Cloin G. Robertson" have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid on this 21st day of February, 1986.

Charles Bechhoefer, Esq. Brian Berwick, Esq.

Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing For the State of Texas Board Panel Environmental Protection U.S. Nuclear Regulatory Division Commission P.O. Box 12548, Capitol Station Washington, D.C. 20555 Austin, TX 78711 Dr. James C. Lamb, III Kim Eastman, Co-coordinator i Administrative Judge Barbara A. Miller 313 Woodhaven Road Pat Coy Chapel Hill, NC 27514 Citizens Concerned About Nuclear Power Frederick J. Shon 5106 Casa Oro '

Administrative Judge San Antonio, TX. 78233 U.S. Nuclear Regulatory '

Commission Lanny Alan Sinkin, Esq.  ;

Washington, D.C. 20555 Christic Institute j 1324 North Capitol Street l Mrs. Peggy Buchorn Washington, D.C. 20002 l Executive Director I Citizens for Equitable Ray Goldstein, Esq. I Utilities, Inc. Gray, Allison & Becker Route 1, Box 1684 1001 Vaughn Building Brazoria, TX 77422 807 Brazos Austin, TX 78701-2553-

,i ,-

Oreste Russ Pirfo, Esq.

Robert G. Perlis, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. ~20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section ,

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 d^ 0 l , ben. 4 ,

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